Puppy Matters Co Service Agreement

1.    Definitions

1.1.  “PMC” means LINDNER AND BELL GROUP PTY LTD (ACN 643 315 253) trading as Puppy Matters Co (PMC), its successors and assigns or any person acting on behalf of and with the authority of PMC and includes the registered owner and provider of Services and Goods identified in this agreement, including employees.

1.2.  “Client” means:

1.2.1.    The legal entity or person receiving services from PMC;

1.2.2.    The party contracting to being supplied the Goods or Services in this agreement also referred to as the client or customer;

1.2.3.    Any person who signs this agreement (whether on their own behalf or the behalf any other person or legal entity);

1.2.4.    Any person named and described as the Customer, or any person purporting to be the named and described Customer;

1.2.5.    The executors, representatives, administrators and/or assigns of any person deemed to be a Customer; and

1.2.6.    Any person/s buying the Service or Services as specified in any invoice, Quote, document or order, and if there is more than one, Client is a reference to each Client jointly and severally.

1.3.  “Quote” means each tax invoice, quotation or job order or other document provided by PMC to the Client which describes the service, goods, or work to be undertaken by PMC to the Client, and includes any variations made by PMC.

1.4.  “Service” includes but is not limited to training, obedience, Pet walking, group sessions, and Goods required to provide the Service to the Client at the Client’s request from time to time.

1.5.  “Goods” includes any good, product or material required to undertake the Services, including those goods described in a quote, invoice, proposal, variation or job order provided by PMC to the Client.

1.6.  “Pet” means any animal belonging to the Client for which a Service is requested.

1.7.  “Price” means the Price payable for the Service or Goods as agreed between PMC and the Client in accordance with clause 4.

1.8.  “Site” means the designated place, residence, address, premises or location at which the Service(s) is provided by PMC to the client.

1.9.  Words importing the singular shall include the plural and vice versa.

1.10. Words importing any gender include all genders.

1.11.  Any reference to any person includes that person’s executors, administrators, agents, trustee(s), assigns or, being a company, its successors or permitted assigns.

1.12.  Words describing individuals include companies and bodies corporate and vice versa.

1.13.  The headings in this are for convenience only and do not affect their construction.

1.14.  PMC accepts no liability for the consequences of any changes in any law which may affect the Services or the supply of Goods.

2.    Acceptance and Basis of Contract

2.1.  Any legal entity or person signing these Conditions on behalf of the Client hereby covenants that he or she has the authority to sign on behalf of and bind the Client to these Conditions, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.

2.2.  Where the Client is a tenant (and therefore not the owner of the land and premises where Services are to be undertaken or Goods installed) then the Client warrants that full consent has been obtained from the owner of the land (or the owners authorised agent) for PMC to enter and undertake services on the land and premises. The Client acknowledges and agrees that they shall be personally liable for full payment of the Price for all works provided under this agreement and to indemnify PMC against any claim made by the owner of the premises (howsoever arising) in relation to the sale or Supply of Goods or undertaking of any Services by PMC except where such claim has arisen due to the negligence of PMC.

2.3.  The Client agrees that, upon request, they will provide proof of ownership of the land for proposed Service or that they are a tenant with the express consent of the owner of such land.

2.4.  This agreement may only be amended with PMC’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and PMC.

2.5.  In the event that:

2.5.1.    the Client requests a variation (requiring written details from the Client);

2.5.2.    an unforeseeable problem occurs or is discovered, requiring a variation; or

2.5.3.    a variation is made.

PMC will give the Client a written variation document detailing the Service, the Price, the estimated time to undertake the variation, and the likely delay, if any, and require written acceptance of the variation before commencing work on the variation.

2.6.  The Client agrees to supply power, water, temporary lighting, toilet and first aid facilities to PMC, as required.

2.7.  The Client will ensure its premises are safe for PMC to enter and will restrain any Pet(s) or animals before PMC attends to carry out Services.

2.8.  The Client agrees that their Pet(s) is or are healthy, not aggressive to other human beings or other Pets and animals and for the avoidance of doubt are not carrying or capable of transmitting any communicable disease, or parasite, to another human being or animal or Pet.

2.9.  Every Quote is an estimate only and is subject to withdrawal, correction or alteration at any time prior to PMC’s acceptance of the Quote .

2.10. Services will be performed by PMC during business hours Monday to Friday 7:30am to 7.00pm Monday to Friday and 8:00am to 12:00pm on Saturday unless otherwise stated in the Client’s Quote . Prices are quoted on the basis that works will be performed during business hours referred to in this clause. Work required by the Client or otherwise necessitated outside of these hours, may increase the quoted price and be subject to after hour rates.

2.11.  PMC is solely responsible for notifying councils or appropriate authorities in relation to Services by PMC.

2.12.  The Client is solely responsible for any fees, penalties, or fines in relation to Services provided by PMC.

2.13.  The Client is responsible for ensuring their Pet is toileted before PMC supplies the Service.

2.14.  The Client is responsible for ensuring their Pet is muzzled, vaccinated and for informing PMC of any illness, aggression, or other information that may influence PMC’s decision to provide the Service or Goods to the Client or which may otherwise present a risk to PMC, other Pets or PMC’s other Clients.

3.    Change in Control

3.1.  Where the Client is a business or company, the Client shall give PMC not less than seven (7) days’ prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone numbers, email addresses or business practice). The Client shall be liable for any loss incurred by PMC as a result of the Client’s failure to comply with this clause.

4.    Price and Payment

4.1.  At PMC’s sole discretion, the Price shall be either:

4.1.1. as indicated by the Quote provided by PMC’s Quote agreement, valid for the period stated in the quotation or otherwise for a period of seven (7) days;

4.1.2. on any invoice provided by PMC to the Client;

4.1.3. $100.00 / hour; or

4.1.4. any price displayed on PMC’s website.           

4.2.  PMC reserves the right to change the Price if a variation to PMC’s quotation is requested or required in PMC’s view. Any variation from the plan of scheduled Services or specifications of the Service (including, but not limited to, any increases to PMC in the cost of taxes, levies, materials and labour or where additional Services are required due to the discovery of hidden or unidentifiable difficulties including, but not limited to, inclement weather, safety considerations, change in specifications or prerequisite work by PMC or any third party not being completed, etc. which are only discovered on commencement of the Services) will be charged for on the basis PMC’s quotation and will be shown as variations on the invoice.

4.3.  If Goods cannot be returned, PMC reserves the right to claim the full costs of the Goods from the Client. If Goods can be returned, PMC reserves the right to on-charge any restocking fee applied to such returns, and additionally any reasonable costs of time and travel incurred to undertake such returns.

4.4.  Time for payment for the Service and Goods being of the essence, the Price will be payable by the Client, in full, upon completion of the Service or on delivery of the Goods (whichever is later). At PMC’s sole discretion, time for payment may alternatively be:

4.4.1. 3 days from the date of any invoice provided;

4.4.2. Payments by weekly instalments may be required where any job requires two (2) or more attendances by PMC; or

4.4.3. failing any notice to the contrary, the date which is three (3) days following the date of any invoice given to the Client by PMC.

4.5.  Payment may be made by cash, Stripe, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three percent (3%) of the Price) or by any other method as agreed to between the Client and PMC.

4.6.  Receipt by PMC of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then PMC’s rights and ownership in relation to the Service, and this agreement, shall continue.

4.7.  Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to PMC an amount equal to any GST PMC must pay for any supply by PMC under this or any other agreement for the sale of the Service. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

4.8.  PMC and the Client agree that the terms of this Agreement will not be finalised until:

4.8.1. the Client has paid PMC all amounts owing to PMC; and

4.8.2. the Client has met all of its other obligations to PMC.

4.9.     The Client agrees to pay for the full purchase price of any Goods that are required before the Service can be provided.

4.10.  The Client agrees to pay PMC’s travel fees for any distance travelled to provide the Service to the Client in excess of 10 km from the Adelaide CBD.

4.11.  All prices are estimates only unless PMC has personally inspected the Client’s Pet. In any other case, the Price is subject to change.

5.    Undertaking service

5.1.  Service is taken to have occurred at the time that:

5.1.1. PMC (or their nominated carrier) deliver the Goods to the Client’s nominated address, even if the Client is not present at the address (as may be agreed between the parties);

5.1.2. PMC undertakes the Service at the Client’s nominated address, either in full or in part over one or more days, even if the Client is not present at the address (as may be agreed between the parties); or

5.1.3. Any other method of Service occurring, as agreed in writing by the parties to this agreement.

5.2.  At PMC’s sole discretion, the cost of Goods is not included in the Price.

5.3. The time, date and location for Service is to be agreed between the parties. In the event that the Client is unable to receive Service as arranged then PMC shall be entitled to charge a reasonable fee for reattendance to provide the Service and/or storage of Goods.

5.4. PMC may undertake the Service in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

5.5. Any time or date given by PMC to the Client is subject to change. PMC will not be liable for any loss or damage incurred by the Client as a result of Service being late.

6.    Risk

6.1.     If any equipment, tools, property or Goods belonging to PMC is damaged at the Client’s premises and or by their Pet in the course of PMC providing the Service, then PMC is entitled to receive all insurance proceeds payable for the cost to replace such damaged property. The production of these terms and conditions by PMC is sufficient evidence of PMC rights to receive the insurance proceeds without the need for any person dealing with PMC to make further enquiries. If the client does not have insurance, the client agrees to bear the cost of repair or replacement of any damaged property.

6.2. If any Goods are damaged or destroyed following Service but prior to ownership passing to the Client, PMC is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by PMC is sufficient evidence of PMC rights to receive the insurance proceeds without the need for any person dealing with PMC to make further enquiries.

6.3. Risk of damage to Goods or property passes to the Client when PMC arrives at the Client’s Site to provide services or goods and the Client must insure their property, and any goods, prior to the Service.

6.4. If the Client requests PMC to leave Goods outside their own premises, or outside PMC’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.

6.5. The Client acknowledges that in the event any toxic substances are discovered at the Site that it is their responsibility to ensure the safe removal of the same.

6.6. If such removal is required, PMC will provide the Client with a written variation outlining the price to remove the substance(s) and seek the Client’s approval, in writing, prior to commencing the Service or supplying Goods.  The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Service.

6.7. The Client shall ensure that PMC has clear and free access to the Site of work at all times to enable them to undertake the Services. PMC shall not be liable for any loss or damage to the Site unless due to the negligence of PMC.

6.8. Where PMC is required to provide the Service or Goods, the Client warrants that the Site, or structure of the area in or upon which they are to be provided is safe, sound and will sustain the Services and PMC shall not be liable for any claims, demands, fines, penalties, losses, damages, costs and expenses howsoever caused or arising should the area be unable to accommodate the supply of Services.

6.9. Where the Client has supplied Goods for PMC to complete the Services, the Client acknowledges and accepts responsibility and liability for the suitability of purpose, quality and any faults inherent in those Goods. PMC shall not be liable for any defects in Goods, any loss, harm, or damage to property and Pets (or any part thereof), howsoever arising from the use of Goods supplied by the Client. Goods supplied by the Client must be available onsite prior to the commencement of Services.

6.10.  Any advice, recommendation, information, assistance or service provided by PMC in relation to Goods or Services supplied is given in good faith, is based on PMC own knowledge and experience and shall be accepted without liability on the part of PMC and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Service.

6.11.  Where PMC gives advice or recommendations to the Client, or their agent, regarding the suitability of Goods, and such advice or recommendations are not acted upon by the Client, PMC shall not be liable in any way whatsoever for any damages or losses that occur and any warranties, resupply or defects clauses will be revoked.

6.12.  Subject to clause 6.11, the Client accepts and acknowledges that Goods supplied by PMC may require reasonable maintenance. PMC reserves the right to not accept liability for such Goods where they may have become negatively affected, or unusable, due to the Client’s failure to reasonably maintain such Goods and/or, follow instructions, guidelines, advice or recommendations provided by PMC in regard to the proper maintenance of the Goods.

6.13.  The Client accepts that the Service provided by PMC may generate noise, waste (including animal waste and waste water), dust, smoke or dirt.

6.14.  The Client acknowledges that PMC will make all reasonable efforts to clean a work area, however the Client accepts that PMC may not remove all dirt, dust or other, waste, or rubbish. PMC does not accept liability for such removal.

6.15.  The Client acknowledges that parking costs of up to $10.00 are included as part of the Service, if parking expenses exceed this, the Client may be charged for the additional costs only. PMC will not park illegally and only where permission is given in a safe place.

6.16.  The Client acknowledges that PMC takes no responsibility for accidents, injuries or illnesses suffered by the Client’s Pet(s) during the Service and for the avoidance of doubt during transportation of the Client’s Pet(s) and group training sessions.

7.    Dimensions, Design, Plans and Specifications

7.1. PMC shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client.

7.2. If the giving of a Quote for the supply of Service involves the Client estimating measurements and quantities, it shall be the responsibility of the Client to verify the accuracy of the Client’s estimated measurements and quantities in the preparation of quotes and sales proposals. 

7.3.  PMC reserves the rights to make changes to the measurements after the agreement has been signed to comply with regulations and requirements for installation, such charges constitute a variation. 

7.4. All information, specifications and samples provided by PMC in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the services provided to the Client’s use of the Goods or Services will not entitle the Client to reject the Goods or Services upon delivery or completion, or to make any claim in respect of them.

7.5. PMC reserves the right to modify the Service and Price in accordance with the Pet’s appearance if:

7.5.1. The Pet is extremely dirty, muddy or has otherwise soiled itself; and

7.5.2. The Pet is presented to PMC and in the opinion of PMC the supply of Service would cause injury, distress, harm, discomfort or pain to the Pet.

7.6.  If PMC discovers that a Pet has fleas, PMC may administer a flea treatment to the Pet, unless the Client requests otherwise.

8.    Compliance with Laws and Safety Standards

8.1. The Client and PMC shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable, including any work health and safety (WHS) laws relating to the relevant industry and any other relevant standards or legislation including but not limited to Dog and Cat Management Act 1995 (SA), Dog and Cat Regulations 2017 (SA), Animal Welfare Act 1985 (SA), Animal Welfare Regulations 2012 (SA).

8.2. The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Service.

8.3. The Client is solely responsible for any fines or other notices incurred by them, relating to the Goods and or Services during and after supply.

8.4. The Client is solely responsible for ensuring that any animal sewage and or waste including wastewater generated during the supply of Services is disposed of in accordance with the Environment Protection (Water Quality) Policy 2015 and the requirements of the Environment Protection Act 1993 (SA).

9.    Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

9.1. The Client must inspect all Goods on delivery (or Services on completion) and must within one (1) day of delivery notify PMC, in writing, of any evident defect/damage, shortage in quantity or failure to comply with the description or Quote. The Client must notify PMC of any other alleged defect in the Goods/Services as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow PMC to inspect the relevant Goods or Services.

9.2. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (“Non-Excluded Guarantees”). 

9.3. PMC acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

9.4. PMC reserves all rights, absolutely, to revoke or amend any of the warranties referred to in this agreement, depending on the nature of the work or of the premises on which the Services are undertaken. If a warranty is to be varied, PMC will notify the Client of this, prior to undertaking the Services.

9.5. PMC liability in respect of these warranties is limited to the fullest extent permitted by law.

9.6. If the Client is a consumer within the meaning of the CCA, PMC’s liability is limited to the extent permitted by this Act.

9.7. If PMC is required to replace Goods or redo Services under this clause or the CCA, but is unable to do so, PMC may refund any money the Client has paid for the Service.

9.8. If the Client is not a consumer within the meaning of the CCA, PMC liability for any defect or damage in the Service is:

9.8.1. limited to the value of any express warranty or warranty card provided to the Client by PMC at PMC’s sole discretion; or otherwise negated absolutely.

9.9. Subject to this clause 9, returns and refunds will only be accepted provided that:

9.9.1. the Client has complied with the provisions of clause 9;

9.9.2. PMC has agreed that the Services are defective;

9.9.3. If relating to the return of Goods, the relevant Goods are returned within a reasonable time at the Client’s cost; and

9.9.4. If relating to the return of Goods, the relevant Goods are returned in as close a condition to that in which they were delivered as is possible.

9.9.5. Notwithstanding clauses 9.1 to 9.6 but subject to the CCA, PMC shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

9.9.5.1.        the Client using the Services or Goods for any purpose other than that for which they were designed;

9.9.5.2.        the Client continuing use or attempting to repair after any defect became apparent or should have become apparent to a reasonably prudent Pet owner;

9.9.5.3.        the Client failing to follow relevant procedures;

9.9.5.4.        the Client failing to follow instructions or guidelines provided by PMC; or

9.9.5.5.        fair wear and tear, any accident, or act of God.

9.10.  Notwithstanding anything contained in this clause if PMC is required by a law to accept a return or agree to resupply the Service, then PMC will only do so on the conditions imposed by that same law.

10.  Intellectual Property

10.1.  Where PMC has designed, drawn, written plans or a schedule or developed a Service for the Client, or created any products for the Client, then the copyright in any designs, drawings, plans, schedules, products and documents shall remain vested in PMC, and shall only be used by the Client at PMC discretion.

10.2.  The Client warrants that all designs, specifications or instructions given to PMC will not cause PMC to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify PMC against any action taken by a third party against PMC in respect of any such infringement.

10.3.  The Client agrees that PMC may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Service which PMC has created for the Client.

10.4.  The Client agrees that PMC may also display the Client’s company or business name, Pet(s), logo, images or other media as part of PMC and/or other marketing materials relating to PMC’s Website, Social Media and Print Media, except where the Client have explicitly requested that PMC refrains from doing this in writing.

10.5.  The Client acknowledges that PMC may use the Client’s name and or trading name  the public description of your Projects and the content of the Client’s profile information and the Client’s company profile on PMC’s Website for marketing and other related purposes.

11.  Default and Consequences of Default

11.1.  Where an invoice has remained unpaid for five (5) business days, a reminder will be sent to the Client, in writing, and an administration fee of $100.00 (exclusive of GST) will be charged to the Client.

11.2.  If the invoice remains unpaid after the reminder has been provided, solicitors or collection agents will be engaged, and the Client agrees to indemnify PMC for any legal and/or collection costs.

11.3.  Interest on overdue invoices shall accrue daily from the date that payment was due, until the date of payment, at a rate of five percent (5%) per annum pro rata, after as well as before any judgment.

11.4.  If the Client owes PMC any money the Client shall indemnify PMC from and against all costs and disbursements incurred by PMC in recovering the debt (including but not limited to collection fees, legal costs on a solicitor and own client basis, PMC’s contract default fee, Court or any other institution filing fees and bank dishonour fees).

11.5.  Without prejudice to any other remedies PMC may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions PMC may suspend or terminate the supply of Service to the Client. PMC will not be liable to the Client for any loss or damage the Client suffers because PMC has exercised its rights under this clause.

11.6.  Without prejudice to PMC other remedies at law PMC shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to PMC shall, whether or not due for payment, become immediately payable if:

11.6.1. any money payable to PMC becomes overdue, or in PMC’s opinion the Client will be unable to make a payment when it falls due;

11.6.2. the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

11.6.3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

12.  Guarantee

12.1.  As security for the due and punctual payment and performance of the Client’s obligations under this Agreement, the Client may be required to (at PMC’s discretion), prior to the undertaking of Services by PMC, provide to PMC a Guarantor to enter into this Agreement and guarantee and indemnify PMC on any or all of the following terms:

12.1.1. The Guarantor unconditionally guarantees full Payment of all money owed by the Client under this Agreement and any ancillary documents and the observance and performance of all of the Client’s obligations as specified in or implied by this Agreement;

12.1.2. The Guarantor indemnifies and must keep indemnified PMC against any costs, expenses, claims, liabilities, losses and damaged incurred by PMC in respect of any default by the Client under this Agreement, or arising out of any claim by any third-party relating to the terms of this Agreement;

12.1.3. This guarantee covers all Services undertaken by PMC, including Variations;

12.1.4. This guarantee is in favour of PMC and its employees, successors, assigns and agents;

12.1.5. This guarantee extends to claims by PMC for breaches of material terms of this Agreement and repudiation of this Agreement and to PMC’s reasonable legal and other expenses of seeking to enforce those obligations (subject to clause 12 herein);

12.1.6. PMC may require the Guarantor under this guarantee to pay to PMC any outstanding amounts, or any other amount to compensate PMC for any loss or damage incurred under this Agreement, without PMC being required to institute any proceedings against the Client in respect of such claims or breaches;

12.1.7. PMC’s rights against the Guarantor are not affected by:

12.1.7.1.     the death, bankruptcy or winding up of the Client or Guarantor; and

12.1.7.2.     the Client’s liability under this Agreement, any variation or any other ancillary documents, assignments or extensions of the Agreement between the Parties; or

12.1.7.3.     any release of the Client or any Guarantor.

12.1.8. This Guarantee is to be a continuing Guarantee and will be irrevocable and will remain in full force and effect until the whole of the money payable or which may become payable pursuant to the provisions of this Agreement has been paid and until all obligations of the Client, pursuant to this Agreement, have been duly and properly observed and performed or satisfied.

13.  Security and Charge

13.1.  In consideration of PMC agreeing to supply the Services under this Agreement, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money) or otherwise arising from the carrying out of the Service.

13.2.  The Client acknowledges and agrees that PMC has a caveatable interest in the land from upon execution of this Agreement and that PMC is entitled to lodge and maintain a caveat on the title to the Land notifying PMC’s interested created by this Agreement;

13.3.  The Client agrees that upon execution of this Agreement to deliver to PMC, a caveat in registerable form with the consent to caveat signed by the Client to lodge and maintain a caveat on the title to the land notifying PMC in this Agreement together with a cheque in favour of the Lands Title Office for registration fee on the caveat.

13.4.  The Client agrees that PMC is entitled to register and a lodge a caveat on the Client’s property in PMC’s favour and that PMC will withdraw the caveat once all moneys owing to PMC by the Client pursuant to this Agreement are paid in full to PMC.

13.5.  The Client indemnifies PMC from and against all PMC’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising PMC’s rights under this clause.

13.6.  The Client irrevocably appoints PMC and each director and or Trustee of PMC as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.

13.7.  The Client acknowledges that PMC is entitled to apply to a Court for the sale of the property for the purpose of recovering any debt that may be outstanding under this Agreement relating to building works.

13.8.  The Client agrees it has sought and received independent legal advice in relation to this clause 13.

14.  Cancellation

14.1.  PMC may cancel any contract to which these terms and conditions apply or cancel Service at any time before the Service is provided or delivered by giving notice to the Client. On giving such notice PMC shall invoice the Client for any Service completed up to that point and any Goods purchased. The Client will have the option to purchase those Goods from PMC at cost value plus any fees charged by PMC for delivery of those Goods to an address nominated by the Client. PMC shall not be liable for any loss or damage whatsoever arising from such cancellation.

14.2.  The Client may cancel any contract to which these terms and conditions apply, the following cancellation fees apply:

14.2.1. Within 72 hours – 25% of the total cost of the Service;

14.2.2. Within 48 hours – 50% of the total cost of the Service;

14.2.3. Within 24 hours – 75% of the total cost of the Service; or

14.2.4. On the day – Full cost of the service, and any additional, reasonable fees for time and travel incurred by PMC. The above percentages include an administration fee for cancellation.

14.2.5. If less than 24 hours’ notice is given, PMC reserves the right to charge an administration fee, and any reasonable costs for time and travel incurred by PMC.

14.3.  PMC reserves the right not to refund any deposit where the Client has cancelled or terminated a contract.

14.4.  If the Client cancels or terminates this agreement, PMC reserves the right to charge an administrative fee of up to $100.00 to the Client.

14.5.  Cancellation or termination shall only be accepted by PMC if provided in writing.

14.6.  The Client shall be liable for any and all loss incurred (whether direct or indirect) by PMC as a direct result of the cancellation (including, but not limited to, any loss of profits).

15.  General

15.1.  The failure by PMC to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect PMC right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 

15.2.  These terms and conditions and any contract to which they apply shall be governed by the laws of South Australia, the state in which PMC has its principal place of business and are subject to the jurisdiction of the courts in that state.

15.3.  Except as otherwise provided for in these terms and conditions, PMC shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by PMC of these terms and conditions (alternatively PMC liability shall be limited to damages which under no circumstances shall exceed the Price). 

15.4.  The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by PMC nor to withhold payment of any invoice because part of that invoice is in dispute.

15.5.  The Client agrees that PMC may amend these terms and conditions at any time. If PMC makes a change to these terms and conditions, then that change will take effect from the date on which PMC notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for PMC to provide Service to the Client.

15.6.  Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

15.7.  The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.

15.8.  Each Party to this agreement must at the request and expense of the other execute and do any deeds and other things reasonably necessary to carry out the provisions of this agreement or to make it easier to enforce.

15.9.  Failure by PMC to give notice to the Client or to take any steps in exercising any right, or in respect of the breach of or non-compliance with any provision of this agreement, is not to be construed as a waiver of that right, breach or provision nor will any single or partial exercise of any right preclude any other or future exercise of that right or the exercise of any other right, whether in law or otherwise.

15.10. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties.

15.11. Each party must not make, express, transmit, speak, write, verbalise or otherwise communicate in any way (directly or indirectly, in any capacity or manner) any remark, comment, message, information, declaration, communication or other statement of any kind (whether verbal, in writing, electronically transferred or otherwise) that might reasonably be construed to be critical of, or derogatory or negative towards, any other party or any Representative of any other party, or cause, further, assist, solicit, encourage or knowingly permit any other person to do so, or support or participate in any other person doing so and must take all reasonable steps to prevent its Representatives from doing so. However, this clause 15.11 shall not prohibit any party from making any statement or disclosure as required by law or court order, provided that such party must promptly notify the other party in writing in advance of any such statement or disclosure, if reasonably practicable and reasonably assist the other party in obtaining confidential treatment for, or avoiding or minimising the dissemination of, such statement or disclosure to the extent reasonably requested by any party.

15.12. Termination of this agreement will not affect any rights or liabilities that the parties have accrued under it prior to such termination.

15.13. The obligations of the parties relating to confidentiality, non-disparagement, payment and intellectual-property will survive the termination of this agreement.

16.  Training

16.1.  The Client agrees and acknowledges that it has received adequate instructions from PMC regarding the correct and safe use of any Goods or in relation to Services, which may include a demonstration or verbal or written instructions.

17.  Relationship of Parties

17.1.  Nothing in these terms, or any other materials relating to this agreement, infer any agency of PMC on the Client. At all times the PMC and the Client are considered separate parties to this agreement.

17.2.  The Client may not enter any agreement on PMC’s behalf.

18.  Damage to Property

18.1.  The Client agrees that if in the course of PMC providing Services to the Client, the property owned by the Client is damaged that PMC will not take responsibility for such damages and the Client releases PMC of any liability or responsibility for the damage.

19.   Marketing

19.1.  The Client grants to PMC the right to:

19.1.1. Take photographs, film, videotape or other images of the completed Service, or Pets in or otherwise located at the Client’s premises, the Site, or any other location, and to use, reproduce, publish, edit, modify, dispose of or otherwise deal with those images; and

19.1.2. Reproduce and publish the Client’s name and trademarks, and disclose the fact that PMC has provided Services or Goods to the Client.

20.  Subcontracting

20.1.  PMC may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

20.2.  The Client agrees and understands that they have no authority to give any instruction to any of the Contractor’s sub-contractors without the authority of PMC.

20.3.  PMC will endeavour to notify the Client of such license or sub-contracting; however, it is not obliged to do so.

20.4.  Any fees incurred by sub-contractors in relation to Services or Goods provided to the Client must be paid by the Client according to the terms of this Agreement.

20.5.  PMC makes no assertion to, nor will they be liable for any acts, omissions, or claims regarding the quality of work provided by any licensed or sub-contracted party.

21.  Counterparts & Electronic Exchange                                       

21.1.  This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this agreement, but all the counterparts shall together constitute the same agreement. No counterpart shall be effective until each party has executed at least one counterpart.

21.2.  Delivery of an executed counterpart of this Contract by facsimile, or by email in PDF or other image format, will be equally effective as delivery of an original signed hard copy of that counterpart.

21.3.  If the Client delivers an executed counterpart of this agreement under clause 21 it must also deliver an original signed hard copy of that counterpart, but failure to do so will not affect the validity, enforceability or binding effect of this agreement in any legal proceedings relating to this agreement, the Client waives the right to raise any defence based upon any such failure.

22.  Timing & Late Attendance

22.1.  If the Client is more than 30 minutes late or causes the Service to be delayed by more than 30 minutes, the schedule Service time will remain the same.

22.2.  The client acknowledges that the provision of Services are scheduled according to the Client’s instructions and supplied availability at the time of requesting the Services.

22.3.  If the Client is late or delays the supply of Services and requests to extend the Service, then PMC will make attempts to accommodate, however this may not be possible due to loss scheduling conflicts and may attract a re-scheduling fee in the amount of $100.00.

22.4.  Additional hours of Service are charged at half hourly rates of $50/half-hour.

22.5.  If the Client misses its booking entirely or provides less than 24 hours of notice to reschedule, the client will be charged a $100.00 rescheduling fee.

22.6.  If the Client continues to be unavailable or late after rescheduling on two (2) occasions, PMC reserves the right to charge a non-attendance fee of $100.00 and the Client agrees to forfeit their deposit (if any).

23.  Biting & Aggression

23.1.  PMC reserves the right to suspend or terminate the Service if the Client’s Pet exhibits aggressive, dangerous, unsafe, or unruly behaviour.

23.2.  If PMC suspends or terminates the Service pursuant to clause 23.1, the Client agrees to pay PMC for any Service or Goods provided up to that point in time.

23.3.  If the Client’s Pet bites any other Pets, third party or PMC, the incident may be reported to the Local Council and the Client agrees to take any step or sign any document to take responsibility for their Pet’s behaviour pursuant to the Dog and Cat Management Act 1995 (SA).

23.4.  Further to this clause 23, the Client agrees to indemnify PMC and hold PMC harmless in the event of a Pet attack and any resulting claim for compensation.   

24.  Entire Agreement

 24.1.  This agreement constitutes the entire agreement between the parties relating to in any way to its subject matter, unless otherwise agreed by PMC and the Client in writing.