1. DEFINITIONS

Within this Agreement, unless the context requires a different meaning, the below key terms (where they appear capatalised) are taken to mean as follows:

1.1. “Agreement” means this document, quotation and includes all schedules.

1.2. “End Date” means the date stated in the Schedule as the date when the Services will be finished.

1.3. “Goods” means goods or materials supplied by Contractor to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Contractor to the Client.

1.4. "Loss" means any loss, cost, expense, damage, injury to person, death or liability (including any fine or penalty) whether direct or indirect or consequential (including but not limited to loss of profit, loss of opportunity, expenses incurred), present or future, fixed or unascertained, actual or contingent and whether arising under the Agreement (including any breach of the Agreement), in equity, under statute (including breach of statutory duty to the maximum extent possible), in tort or otherwise (including in restitution).

1.5. “Price” means the total price payable for the Goods and/or Services as agreed between the Client and the Contractor in accordance of the Agreement or a written agreement between the parties.

1.6. “Services” means all Services supplied by Contractor to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.7. “Start Date” means the date stated in the Schedule as the date when the Services will commence.

2. DELIVERY OF GOODS AND SERVICES

2.1. The Contractor shall provide Goods or Services in a proper and workmanlike manner and ensure that any Goods or Services provided under this Agreement be fit for the purpose as set out in this Agreement. 

2.2. The Client will pay the Contractor the Price pursuant to the terms set out in this Agreement.  

3. RETENTION OF TITLE AND RISK

3.1. Ownership of the Goods and Services shall remain vested in Contractor until full payment has been received and the Client has met all other obligations due by the Client to the Contractor.

3.2. All risk in the Goods passes to the Client on delivery and Contractor shall not be liable for any damage or loss to the Goods from such time.

4. PAYMENT

4.1. It is a condition precedent to the commencement of this Agreement that the Deposit is paid to the Contractor on the day of signing of this Agreement.

4.2. The Contractor may, from time to time, submit a tax invoice for payment to the Client for the value of the Goods or Services completed and supplied (“Payment Claim”).

4.3. The Client agrees that all payments will be made to the Contractor within the time stated on the Payment Claim.

4.4. In the event of any variations to the Goods and/or Services under clause 5, the Contractor is entitled to be paid and the Client is required to pay for any such variation upon completion of the variation works.

4.5. If provision of the Services is delayed by the Client or by any means outside reasonable control of the Contractor, the Contractor is entitled to claim delay costs incurred by reason of such delays. 

4.6. 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 the Contractor.

4.7. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

5. VARIATIONS

5.1. To the extent practicable, prior to any variation works being provided to the Client:

5.1.1. the Contractor must notify the Client in writing within five (5) business days of becoming aware of any variation required to complete the Services or to make the Services compliant with any applicable law; and

5.1.2. the Client must confirm their acceptance of the said variation(s) to the Contractor within five (5) business days of receiving written notice of the variation(s), by signing and returning the written notice to the Contractor. 

5.2. The Contractor under subclause 5.1.1 shall provide the following information:

5.2.1. detailing the work required to carry out the variation;

5.2.2. the estimated reasonable costs of the variation; and

5.2.3. any extension of time required as a result of carrying out the variation. 

5.3. The Client must reasonably grant such extension of time and costs of the variation (if any) under this clause.

6. INDEMNITY AND LIMITATION OF LIABILITY

6.1. The Contractor will be liable for and will indemnify the Client and keep the Contractor indemnified from and against any liability and/or Loss or damage of any kind whatsoever, arising from:

6.1.1. any breach of any warranty or any of the terms and conditions of this Agreement by the Contractor;

6.1.2. any Loss or damage arising out of, or in connection with, any personal injury, illness or death to any person or damage to any property or any other Loss or damage of any kind whatsoever caused or contributed to by the Contractor in providing the Goods and/or Services;

6.1.3. any claim made against the Client by any of the Contractor’s employees, agents, contractors and/or sub-contractors in respect of any relevant legislation concerning income tax, workers compensation, annual leave, long service leave, superannuation or any applicable award, determination or agreement of a competent industrial tribunal; 

6.2. The Client shall indemnify and keep indemnified the Contractor at all times against all actions, proceedings, claims, demands, liabilities, either express or implied, and all costs, Loss, damages and expenses whatsoever resulting or arising from:

6.2.1. any breach by the Client of this Agreement; 

6.2.2. any documents or records provided by the Client in respect of the Services; and

6.2.3. the negligent act or omission of the Client or its agents or other contractors and consultants (not including the Contractor).

6.3. Any warranty for the Goods is limited to the extent of the warranty that is provided by the manufacturer of the Goods.   

6.4. Any warranty that is provided is deemed to be void if the Services and/or Goods provided have been tampered with or altered by any other party or person or entity other than the Contractor and in the event of those circumstances, the Contractor shall not be responsible for any Loss or damages whatsoever.

6.5. The Contractor shall not be liable for any loss or damage caused in accessing the Client's premises beyond the reasonable control of Contractor (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas).

6.6. The Contractor shall have no liability to the Client for or in respect of any indirect or direct consequential losses (including without limitation loss of actual or anticipated profit or revenue, business interruption, delay costs, financing costs, holding costs and loss of opportunity). 

6.7. To the extent permitted by law and notwithstanding any other provisions of this Agreement, the Contractor’s total aggregate liability to the Client arising out of or in connection with the Services where under the law of contract, in tort, (including negligence), in equity, under statute or otherwise, is limited to a maximum amount equal to the Price. 

6.8. No liability whatsoever shall attach to the Agreement unless all variations and payments have been paid in full by the Client. 

7. DEFAULT

7.1. If the Client defaults in payment of any Payment Claim when due, the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in pursuing the debt including legal costs on a solicitor and own client basis and the Contractor’s collection agency costs.

7.2. Without prejudice to any other remedies the Contractor may at any time the Client is in breach of any obligation (including those relating to payment), the Contractor may suspend or terminate the supply of Goods and/or Services and any of its other obligations under this Contract. The Contractor will not be liable to the Client for any Loss or damage the Client suffers because the Contractor has exercised its rights under this clause 7.

7.3. Without prejudice to the Contractor's other remedies at law, the Contractor shall be entitled to immediately terminate this Agreement and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable in the event that:

7.3.1. any money payable to the Contractor becomes overdue, or in the Contractor's opinion the Client will be unable to meet its payments as they fall due; or

7.3.2. the Client becomes bankrupt or 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

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

8. INSURANCE

8.1. The Contractor will maintain public liability insurance.

9. TERMINATION

9.1. The Contractor may in its absolute discretion terminate this contract without being obliged to give any reason, end this contract with ten (10) business days’ notice. The Contractor is entitled to be paid for all Goods and/or Services supplied up until the termination date.

9.2. In the event the Client defaults in payment of any Payment Claim when due, the Contactor may terminate this Contract by providing 5 business days’ notice.

9.3. In the event the Contractor commits a breach of this Agreement, the Client shall give ten (10) business days written notice to the Contractor to rectify such breach. If the Contractor fails to rectify such breach within the time then the Client is entitled to terminate the Agreement by written notice. 

9.4. In the event that this Agreement is terminated, the Contractor is entitled to claim for any loss of profit, the Services completed up to the date of termination and any other reasonable costs the Contractor may incur in removing its plant and equipment from the site. This clause 9 shall survive upon termination of this Contract.

10. COMPLIANCE WITH LAWS

10.1. The Client and Contractor shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Goods and/or Services.

10.2. The Client agrees that the site for Services will comply with any workplace health and safety laws relating to building/construction sites and any other relevant safety standards or legislation that apply in the state of Victoria. 

11. DISPUTE RESOLUTION

11.1. In the event that any dispute arises between the Client and the Contractor from the performance or as to the meaning of this Agreement, both parties shall attempt to resolve the dispute within 14 days of the manifestation of the dispute. 

11.2. Should the parties not resolve the dispute within the 14 day period specified in clause 11.1, the parties can choose to seek redress in any court of law or court of competent jurisdiction in Victoria, or by agreement through arbitration.

11.3. Notwithstanding the referral of any dispute to arbitration or litigation, the Client shall, if the Services have been completed by the Contractor, make the payment to Contractor in accordance with this Agreement. The Client shall also continue to pay to the Contractor any fees for the work which are not subject of a dispute.

12. GENERAL

12.1. If any provision of this Agreement is found to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

12.2. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

12.3. The Contractor may assign, license or sub-contract all or any part of its rights and obligations without the Client’s consent.

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

12.5. Any failure by the Contractor to enforce any provision of this Agreement shall not be treated as a waiver of that provision, nor shall it affect the Contractor right to subsequently enforce that provision.

Introduction

Welcome to our Complimentary Rainy Day Inspection promotion! We are pleased to offer this service to help you prepare your home for the stormy season. Please read the following terms and conditions carefully before booking your inspection.

1. Promotion Period

The Complimentary Rainy Day Inspection offer is available for a limited time only. HomeFirst Services reserves the right to modify or terminate this promotion at any time without prior notice.

2. Eligibility

This offer is valid for new bookings only. The Complimentary Rainy Day Inspection is applicable to residential properties within our service area. Commercial properties are not eligible for this promotion.

3. Scope of Inspection

The Complimentary Rainy Day Inspection includes an assessment of your home's stormwater and drainage systems to ensure they are in top shape and ready to handle heavy rains. The inspection will cover:

Gutters and downpipes

Stormwater drains

Roof condition

Sump pumps

Rainwater tanks

4. Booking and Availability

The Complimentary Rainy Day Inspection is subject to booking availability. Inspections will be scheduled on a first-come, first-served basis. To ensure you secure an inspection, please book as early as possible.

5. Service Area

This promotion is available to homeowners within our designated service areas. Please check our website or contact our customer service team to confirm if your location is within our service area.

6. Restrictions

The offer is limited to one Complimentary Rainy Day Inspection per household.

The inspection is non-transferable and cannot be exchanged for cash or any other service.

Additional services or repairs identified during the inspection are not included in the complimentary offer and will be quoted separately.

7. Limitation of Liability

HomeFirst Services will not be liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use the inspection service or any information provided during the inspection.

8. Acceptance of Terms

By booking the Complimentary Rainy Day Inspection, you agree to these terms and conditions. If you do not agree to these terms, please do not proceed with the booking.

Contact Information

For any questions or concerns regarding this promotion or to book your inspection, please contact us at:

HomeFirst Services

1300 05 06 07

homefirstservices.com.au

We look forward to helping you prepare your home for the rainy season!

Eligibility: This offer is exclusively available to existing clients of HomeFirst Services. Client status verification may be required at the time of booking.

Offer Details: The Jet & Clean service is provided at a special rate of $149. This offer includes a drainage cleaning service using advanced jetting technology.

Non-Combinability: This promotion cannot be combined with any other offers, discounts, or promotions.

Booking Availability: The offer is subject to availability. Clients are encouraged to book early to secure their preferred appointment time.

Geographic Restrictions: The offer is valid only within the specified service areas of HomeFirst Services. Additional travel charges may apply for locations outside these areas.

Service Scope: The service includes standard jetting procedures not exceeding 1 hour. Any additional services required beyond the standard scope may incur extra charges, which will be communicated prior to commencement.

Validity Period: This offer is valid from 3/10/2024 to 20/10/2024. All services must be booked and completed within this timeframe.

Liability: HomeFirst Services is not liable for any pre-existing conditions of the drainage system that may affect the performance of the service.

Modifications and Termination: HomeFirst Services reserves the right to modify or terminate this offer at any time without prior notice.

By booking the Jet & Clean $149 service, clients agree to these terms and conditions. For any questions or further assistance, please contact HomeFirst Services at 1300 05 06 07 or info@homefirstservices.com.au

Our offers and services provided in good faith are subject to the following terms. We reserve the right to update these at any time. None of our offers are redeemable for cash and no offer can be used in conjunction with any other offer. Each offer has its own specific terms and conditions as detailed below.

*By participating in the Victorian Energy Upgrade program, homeowners can claim a rebate when switching from gas to electric systems. To be eligible, participants must reside in Victoria and ensure the upgrade meets the program's criteria. The rebate is available only for approved products and installations, with applications required to be submitted through an authorized provider. Rebates are subject to availability, and certain conditions and limitations apply. It's advised to review all program guidelines and confirm eligibility prior to commencing any upgrade to ensure compliance with the program's requirements.

Offer applies to $0 call-out fees for bookings made during business hours, 7am to 2pm. This offer is subject to booking availability and may not be available during peak times or fully booked schedules. Additional charges may apply for services rendered.

Terms and Conditions for $100 Credit Offer

Eligibility

Available to residential customers within HomeFirst Services’ service areas.

Valid for new and existing customers booking eligible services.

Usage

Applies to plumbing, electrical, heating, and cooling services.

Must be used at the time of service; not valid for past bookings.

Limited to one use per household; non-transferable.

Exclusions

Not valid for product purchases, emergency or after-hours callouts.

Cannot be combined with other offers.

Expiration

Must be used within 30 days of issue.

General

HomeFirst Services may revise or cancel the offer at any time.

Misuse or non-compliance may result in disqualification.

1. Promotion Overview

The Hydronic Heating Service Promotion offers the following discounts for a limited time:

• 10% off Hydronic Boiler Service
• 15% off Hydronic Power Flush
• 25% off Hydronic Power Flush & Boiler Service Combo

This promotion is valid until March 31st, 2025, and applies to residential customers only.

2. Eligibility

Offer is available to homeowners within our service areas.

Applies to existing hydronic heating systems; installation of new systems is not included.

Customers must book and complete their service before March 31st, 2025 to qualify for the discount.

3. Pricing & Additional Costs

Discounts apply to standard service pricing.

Final pricing may vary depending on system size, condition, and specific service requirements.

Additional charges may apply for repairs, replacement parts, or work beyond standard servicing.

A full quote will be provided before work begins.

4. Booking & Payment

Bookings must be made through our official contact channels.

Discounts must be mentioned at the time of booking and cannot be applied retroactively.

Payment is required upon completion of the service unless otherwise agreed upon.

5. Exclusions & Limitations

This offer cannot be combined with any other promotions, discounts, or special offers.

Services are subject to technician availability.

HomeFirst Services reserves the right to refuse service if a system is deemed unsafe or beyond repair.

6. Modification & Cancellation

HomeFirst Services reserves the right to modify, extend, or withdraw this offer at any time.

Cancellations or rescheduling must be made at least 24 hours in advance to avoid cancellation fees.