Workmanship Guarantee
Joinery Rescue Independent Agents & Contractors are Independent Proprietors. The Joinery Rescue organization, through its Independent Agents and Contractors, provides customers with a workmanship guarantee. Joinery Rescue and its corporate entities accept no liability for or on behalf of its Independent Agents and Contractors.

JOINERY RESCUE TERMS AND CONDITIONS OF TRADE
1. For the purpose of these terms and conditions the following words shall have the following meanings:-
1.1. ‘The Company’ shall mean the Independent Agent or Contractor.
1.2. ‘The Customer’ shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials for.
1.3. ‘The Operative’ shall mean the employee or representative appointed by the Company.

2. Agent Independent
2.1. By engaging the Joinery Rescue Independent Agent listed overleaf (‘the Company’) to perform services (‘Services’) and/or supply materials (‘Goods’), You (‘the Customer’) agree to be bound by these terms and conditions.
2.2. The Customer acknowledges that the Independent Agent is an Independent Contractor and that Joinery Rescue and it’s corporate entities is not a party to any agreement between the Independent Agent and the Customer and nor shall Joinery Rescue and it’s corporate entities have any liability to the Customer.

3. General Agreements
3.1. The Customer may place orders with the Company verbally or in writing and the Customer warrants that any employee or representative who places an order with the Company will have the authority of the Customer to create a contract between the Customer and the Company on these Terms and Conditions. On receiving an order the Company will issue a job number to the Customer at which point a Contract will be made between the Customer and the Company on these Terms and Conditions which (subject to Clause 3.6.) shall not be cancelable. These Terms and Conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing, signed by a duly authorized representative of the Company, and by the Customer. Further, these Terms and Conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company. By entering into a contract with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.
3.2. Where the Company agrees to carry out works for the Customer then such works shall be carried out by the Operative who shall be selected by the Company in its absolute discretion.
3.3. If the Customer has engaged the Services of the Company verbally and without requiring a written quotation to facilitate the works the total charge to the Customer may consist of; a call-out fee, the cost of parking, the cost of freight (if any), the cost of materials supplied by the Company (to include the normal trade mark up on the purchase price of such materials) to the Customer, the cost of any waste disposal (if any), and the amount of time spent by the Company or Company’s Operative in carrying out works for the Customer (to include all time spent in obtaining materials for the Customer whether or not the Company or Company’s Operative is ultimately able to supply such materials to the Customer) charged in accordance with the Company’s current schedule of rates. All materials are subject to GST at the prevailing rate.
3.4. Unless otherwise agreed in writing by the Company, the Customer must pay the Company’s invoices for Services and Goods (collectively known as ‘the works’) and other charges at the time of the Company or Company’s operative rendering an invoice to the Customer. The Customer must pay the Company’s invoices in full and without deduction, notwithstanding any entitlement that it may have to a credit or offset however arising.
3.5. Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the Company’s Operative shall attend on the date and on the time agreed.
However the Company accepts no liability in respect of the late attendance on site of the Company’s Operative, or for the late/non delivery of materials, if such delay is due to any cause whatsoever beyond its reasonable control. The Company shall be entitled to a reasonable extension of the time for performing such obligations.
3.6. If the Customer shall purport to terminate a Contract prior to any work being carried out, or materials being delivered to site, the Customer shall be entitled to do so upon payment to the Company, of an amount equivalent to the cost to the Company of any time spent and materials purchased by the Company in connection with the Contract calculated in accordance with Clause 3.3. plus the profit which the Company would have made on the Contract if it had not been terminated.
3.7. In the event of the Customer being unsatisfied with the Company’s works, the Customer agrees to allow the Company an opportunity to rectify the said works. Where the Customer refuses or otherwise prevents the Company from rectifying the works, to the full extent permitted by law, the liability of the Company to the Customer for the works shall be extinguished and the Customer will be liable to the Company for payment in full of the Company’s invoices.
3.8. The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its servants, sub-contractors, operatives or employees in relation to the suitability for any purposes of the works.
3.9. To the full extent permitted by law, all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the works are hereby excluded, and to the full extent permitted by law, the Company will be under no liability to the Customer for any damages (including but not limited to incidental, special, consequential or general damages) in connection with or arising out of the supply or use of the works howsoever arising, even if due to the Company’s negligence, or the negligence of the Company’s servants, sub-contractors, operatives, employees or suppliers.
3.10. These terms and conditions do not affect the rights, entitlements and remedies compulsorily conferred on the Customer under the Trade Practices Act 1974 and other statutes, rules or regulations for the time being in force, and nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
3.11. In the event that liability cannot be excluded, to the fullest extent permitted by law, the Company’s liability to the Customer shall be restricted at the Company’s option to a refund of the invoiced amounts paid by the Customer to the Company, or replacement of the works.
3.12. The Customer agrees that it must within seven days of the date of delivery or completion of the works, give written notice to the Company, with particulars of any claim that the works are defective or not in accordance with the agreement between the Company and the Customer. In the event that the Customer fails to give such notice within the said period, then to the full extent permitted by law, the works are deemed to have been accepted by the Customer and all claims by the Customer against the Company for the works are extinguished and the Customer must pay the Company for the works.
3.13. If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
3.14. The Customer agrees to pay the Company’s costs of recovering or attempting to recover from the Customer all outstanding charges, including any mercantile agent's costs and legal costs on a full indemnity basis.

4. Retention of Title
4.1. The Company will retain title to (but not risk in) Goods delivered to the Customer or installed on behalf of the Customer until the Company has received payment in full for them and all other sums owing to it by the Customer.
4.2. The Company’s right to retain title does not affect its rights as an unpaid Company.
4.3. If the Customer, fails to make any payment to the Company when due the Company is entitled, and the Customer grants the Company a license, to enter the Customer's premises and land where the Goods are situated with or without notice and to re-take possession of and remove, at the Customer's cost and expenses, the Goods in respect of which title has not passed to the Customer. The Company shall be entitled to use the Customer's name and to act on the Customer's behalf in exercising these rights and the Company is not liable for any costs, losses, damages or other expenses suffered by the Customer or any third party in respect of the Company’s retaking possession and removing the Goods. The Customer acknowledges that the Company is entitled to remove the Goods even if such removal would result in damage to a structure and the Customer acknowledges that the Company will not be liable to the Customer for such damage, howsoever arising.