Terms of Trade (Terms) for services provided by Softwash Limited and its franchisees (Softwash) Softwash is a client focused service business, aiming to provide a premium level of service and exterior cleaning to its client’s, consistent with the best current industry practices. Softwash staff training is consistent with this commitment, however, these terms are essential because ‘things can go wrong’ and there are sometimes misunderstandings about a transaction.

1. The Entire Contract

1.1 Unless otherwise agreed before any work commences, these terms are the entire standard contract under which Softwash will provide its goods and services; and

1.2 No other terms or conditions are to be implied into any transaction between Softwash and its clients; and

1.3 If the client accepts a Softwash quotation, the client accepts these terms.

1.4         A client is the person, firm or corporate body together with any subsidiary or associated person who engages Softwash with an intention of          obtaining their services.

2. Workmanship and Responsibility

2.1 If for any reason a client is dissatisfied with Softwash goods and services, they must immediately report their dissatisfaction to the manager of the local Softwash franchise, or alternatively by telephoning the operations

manager at Softwash headquarters on 0800 GO SOFTWASH (0800 46 7638).

2.2 Softwash will not assume any responsibility if the actions of the client or any third party (including trades people and contractors) adversely affect the quality and delivery of Softwash goods and services.

2.3 Whilst Softwash’s trained technicians will take all reasonable care and indicate to clients where there are risks or hazards from Softwash’s operations, Softwash assumes no liability for any damage which is due to the client’s failure to observe any of its responsibilities under sub-clauses 5.3 to 5.6.

2.4 Softwash will not be liable for any failure or delay to deliver its goods and/or services which are caused by circumstances out of its control including, but not limited to: industrial action, material shortage, labour supply, transport, weather conditions, other natural events, or from the client’s failure to observe any of the client’s responsibilities under clause 5.

2.5 Softwash Ltd reserves the right to charge 50% of the accepted portion of the quoted service, if the client fails to notify Softwash of cancellation or rescheduling prior to five working days of any scheduled works.

3. Basis of a Softwash Quotation

3.1 Any changes to the quantities, measurements or specifications or nature of the services required subsequent to any quote provided by us or any inaccuracies or misstatements in the information provided to us, shall constitute a variation to our quote and shall be charged to you separately.

3.2 At any time, Softwash may withdraw or amend a quotation which the client has not yet accepted, at their discretion and as per sub-clause 3.1

3.3 Any quotation which is given over the phone before Softwash has physically inspected the site, shall not be binding.

3.4 Softwash may, over and above the quotation, recover from the client any costs which Softwash incurs because the client has failed to observe any of its responsibilities under clause 5.

3.5 Unless expressly stated, the quotation does not include GST.

4. Payment and Debt Recovery

You agree to the following:

4.1 Unless otherwise agreed, the client must pay a progress payment to Softwash Ltd goods in a job over $15,000 +gst for those goods and services delivered. The details to be discussed and signed off by the Client and Softwash Ltd before work commenced. Balance to be paid on completion.

4.2 A person who accepts the quote on behalf of themselves or an organisation is responsible for fulfilling payment.

4.3 Without prejudice to its other legal rights, Softwash may, from the date it was due, charge the client interest at the rate of 24% per annum (calculated daily) for any unpaid portion of the full price for any goods and services it has supplied to the client.

4.4 Should the account not be paid on the said due date it may be handed to the debt collection agency to recover.

4.5 Such default information regarding the overdue account can be provided by the debt collection agency to other parties including but not limited to credit reporting companies.

4.6 If in our opinion your credit worthiness deteriorates before completion of the  performance of our Services, we may require full or partial payment at any time or the provision of security in a form acceptable to us. If such payment or security is not provided we may cease supplying the Services.

5. The Client’s Responsibilities

Softwash quotes and agrees to provide goods and services on the assumption that, whilst Softwash is delivering goods and services, the client shall:

5.1 Ensure that Softwash has clear site access.

5.2 No vehicles, cars, caravans, trailers, motorcycles, lawn mowers and bicycles in the driveway or near the house or building while work is in progress.

5.3 All windows to be shut. For wooden joinery, lay towels down to catch any water that may come through.

5.4 No hanging laundry out on the day of wash or treatment.

5.5 Remove all toys, gardening items and personal items from work area

5.6 Remove or cover all outdoor furniture, pot plants, ornaments and statues in the area of work while in progress.

5.7 Pets including fish to be removed from the area and food dishes' while work or treatment is progress.

5.8 Ensure that a water supply is available on the site, unless discussed prior.

5.9 Ensure that any system at the site, which collects water from a roof or spouting system (for the purposes of drinking or other specified use), is disconnected and not reconnected until the roof and spouting system is completely free from product residues from the Softwash operation;

6 Ensure that all joinery, flashings, external wall claddings, wall to floor surfaces (internal & external), at the site are sufficiently sealed against water damage;

6.1 Isolate all electrical components including but not limited to, outdoor electrical sockets, security lights, security systems, electrical sockets, security lights, security systems, TV /audio systems and decorative lighting. Cover well (waterproof) or remove when possible

6.2 After roof treatment, rinse down trampolines, outdoor furniture, and plants in the immediate area.

6.3 Ensure that nothing on the site will prevent Softwash from complying with its obligations as an employer, pursuant to the Health & Safety at Work Act 2015; and

6.4 Assume all costs complying with sub-clauses 5.1 to 6.6 including, but not limited to, the cost of disconnecting and reconnecting water systems and electrical power.

6.5 Working area to be clear of any animal excrement due to Health and Safety, Addition $ 250inc will be charged if work is halted for this issue.

6.6 Respectful behavior towards staff and supporting Health and safety measures while work in in progress.

6. Consumer Guarantees Act 1993

You agree that the Services are performed for the purposes of the business and the Consumer Guarantees Act 1993 will not apply.

7. Confidentiality

Softwash shall observe all its obligations under the Privacy Act 1993, which relate to the client’s business and documents, however:

7.1 Where the client owes an outstanding amount for Softwash goods and services, Softwash may communicate any information to a legal firm or a collection agency, as is necessary for the agencies to perform their functions on Softwash’s behalf.

7.2 The client consents to Softwash using the client’s address information for Softwash’s own direct marketing purposes.