Terms of trade, written in plain language

01 / Agreement

Agreement and interpretation

These Terms of Trade (Version 1.0) form the agreement between JIMS Industrial Cleaning Pty Ltd (ABN 92 701 284 835) of Perth, Western Australia (“JIMS Industrial Cleaning”, “we”, “us” or “our”) and the client named on a quote, work order or service schedule (“you”). They apply to every industrial and commercial cleaning service we supply, whether a one-off project clean or an ongoing contract.

By accepting our quote in writing, issuing a purchase order, signing a service schedule, or allowing us to commence work on your site, you confirm that you have read, understood and agree to be bound by these terms. If a signed service agreement, master services agreement or purchase order conflicts with these terms, the signed document prevails to the extent of the inconsistency, and these terms apply otherwise.

Interpretation

Services

The cleaning and related services described in a quote, scope of works or agreed service schedule, including any variations we approve in writing.

Site

Any premises, facility, plant or work area at which we supply the Services.

Quote

Our written offer, including pricing, inclusions, exclusions and the validity period.

Business Day

A day that is not a Saturday, Sunday or public holiday in Western Australia.

GST

Has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Written

Includes email exchanged between authorised representatives of the parties.

02 / Pricing

Quotes, pricing and GST

All pricing is provided by written quote. Quotes are valid for 30 days from the date of issue unless the quote states otherwise, and are based on the information you give us about the Site, the scope of work, access conditions and cleaning frequency.

• Quotes assume reasonable access during standard hours, being Monday to Friday, 6:00 am to 6:00 pm AWST. Work outside these hours, on weekends or on public holidays may attract a surcharge, which will be disclosed in the quote.
• Prices are in Australian dollars and exclude GST unless expressly stated. GST is added at the prevailing rate where applicable.
• Quotes assume the Site is in the condition represented to us, that power and water are available, and that no hazards affecting the work have been concealed or left undisclosed.

Anything outside the quoted scope — for example mould remediation, biohazard or trauma cleanup, high-level access requiring additional rigging, or the removal of hazardous materials — is excluded and will be quoted separately before any work proceeds.

Variations

Variations to the scope must be requested or agreed in writing. We will assess the change and confirm any adjustment to price and timing in writing (email is sufficient) before the varied work proceeds. Where a variation is genuinely impractical to pre-approve — such as emergency water damage work — we will confirm the change as soon as practicable and confine emergency works to what is reasonably necessary to make the Site safe.

Price reviews

Prices quoted for recurring services are held for the initial contract term and reviewed annually. We will give you at least 60 days' written notice of any price change for a recurring service.

03 / Payment

Payment terms

• Recurring services are invoiced monthly in advance in accordance with the service schedule. One-off and project cleans are invoiced on completion unless the quote states otherwise.
• For large one-off engagements, we may require a deposit of up to 30% of the quoted price before commencement. The deposit is credited against the final invoice.
• Payment is due 14 days from the date of invoice, by electronic funds transfer to the account stated on the invoice.
• If an invoice becomes overdue, we may charge interest at 1.5% per month, accruing daily, and may suspend the Services on 5 Business Days' written notice. We may make resumption of the Services conditional on payment of outstanding amounts.
• If you dispute an invoice, you must notify us in writing within 7 days of the invoice date, pay any undisputed portion by the due date, and work with us in good faith to resolve the dispute promptly.
• We may recover reasonable costs of recovering overdue amounts, including collection agency fees and legal costs on a solicitor–client basis.
• You may not withhold payment or set off amounts except as required by law or as agreed in writing.

04 / Delivery

Service delivery, site access and safety

We will supply the Services with due care and skill, using trained personnel, appropriate equipment, and chemicals applied in accordance with manufacturer directions, safety data sheets and applicable Australian Standards. Safety data sheets for the products we use are available on request.

Access

You must provide safe and reasonable access to the Site during the agreed service windows, including keys, swipes or escort arrangements where required, reasonable parking for our vehicles, and access to power, water and lighting where the scope requires them. Where agreed in the quote, you will also provide secure storage for our equipment between visits.

Work health and safety

Both parties must comply with the Work Health and Safety Act 2020 (WA) and associated regulations, so far as each party has control over matters at the Site. Before work begins, you must complete any site induction required by your own safety management system, and our personnel will follow your site rules and induction requirements.

You warrant that the Site is safe for the planned work and that you have disclosed all known hazards, including asbestos-containing materials, live electrical installations, biological hazards, unstable structures and confined spaces. Where a task is higher-risk, we will prepare a safe work method statement or job safety analysis and work to it.

We may suspend or refuse work that we reasonably consider unsafe, without liability for resulting delay, until the Site or task is made safe.

05 / Changes

Cancellations, variations and delays

• One-off cleans: if you cancel or reschedule with at least 24 hours' notice before the scheduled start, there is no fee. With less than 24 hours' notice, we may charge up to 50% of the booked value. If a crew has already been dispatched, the full call-out plus time on site applies.
• Recurring services: changes to frequency, scope or termination of the schedule require 30 days' written notice. Shorter notice will be invoiced to the end of the notice period.
• Delays caused by the Site: where delayed access, incomplete construction, other trades or induction and permit delays prevent us from working, waiting time may be charged at the hourly rate stated in the quote.
• Delays caused by us: if we cannot attend due to equipment failure or weather affecting external works, we will reschedule at no penalty to you.

06 / Resources

Subcontracting, equipment and materials

We may engage subcontractors or labour hire to perform part or all of the Services. Where we do, we remain responsible for the performance of the Services as if our own personnel had performed them, and we will ensure subcontractors are appropriately inducted and insured for your Site.

Equipment and chemicals we bring to the Site remain our property. Consumables are included only where the quote states. We select products suitable for the surfaces described in the scope; you must tell us in writing about sensitive surfaces, special coatings or delicate fixtures before commencement. Damage arising from conditions you did not disclose is dealt with under clause 7.

Our equipment will be stored at the Site only if agreed in writing. Where storage is agreed, the equipment is stored at your risk and must be kept in a secure location.

07 / Liability

Insurance, consumer guarantees and liability

We hold public liability insurance appropriate to industrial and commercial cleaning works, and workers compensation insurance as required by Western Australian law. Certificates of currency are available on request.

To the maximum extent permitted by law:

• We are not liable for indirect or consequential loss, including lost profit, loss of business or business interruption.
• Our total aggregate liability arising out of or in connection with a particular Service engagement is capped at the fees you have paid, or owe, for the Services giving rise to the claim.
• We are not liable for pre-existing damage, defects, wear or deterioration; latent conditions not reasonably detectable at the time of service; damage caused by structural faults, building defects or faulty fixtures and fittings not installed by us; or surface reactions and discolouration where you did not disclose sensitive coatings as required by clause 6.

08 / Indemnity

Indemnity and site risk

You indemnify us and our personnel against claims, losses, damages, and reasonable costs arising from:

• unsafe Site conditions or hazards you did not disclose;
• inaccurate or incomplete information you or your representatives provided;
• the acts or omissions of other parties at the Site affecting the Services; or
• works performed strictly in accordance with your written instructions.

This indemnity does not apply to the extent the claim is caused by our negligence or our breach of these terms.

09 / Confidentiality

Confidentiality and privacy

Each party will keep confidential the non-public commercial information of the other, use it only for the purpose of performing this agreement, and disclose it only to personnel and advisers who are bound by confidentiality, or as required by law.

We handle personal information in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and our Privacy Policy.

10 / Termination

Termination and suspension

• For ongoing services, either party may terminate on 30 days' written notice.
• Either party may terminate immediately if the other enters insolvency, liquidation or administration.
• We may suspend or terminate the Services on 7 Business Days' written notice if you breach these terms (including non-payment) and fail to remedy the breach within that period.
• On termination, you must pay for all Services performed, plus materials and committed costs to the date of termination.
• You must promptly return our keys, swipes and access passes, and cancel any contractor passes issued to our personnel.
• Clauses relating to payment for work performed, confidentiality, liability, indemnity and governing law survive termination.

11 / Disputes

Force majeure, disputes and governing law

Force majeure

Neither party is liable for failure or delay caused by events beyond that party's reasonable control, including severe weather, natural disaster, utility failure, industrial action, pandemic restrictions or binding government directions. The affected party must notify the other promptly and resume performance as soon as reasonably practicable. If the event continues for more than 30 days, either party may terminate the affected engagement without penalty, other than accrued payment obligations.

Dispute resolution

If a dispute arises, senior representatives of both parties must attempt to resolve it by good-faith negotiation within 10 Business Days of written notice of the dispute. If the dispute is not resolved, the parties must refer it to mediation in Perth, Western Australia, with a mediator agreed between the parties, before commencing court proceedings. Either party may seek urgent interlocutory relief at any time. Both parties must continue to perform their undisputed obligations while a dispute is on foot.

Governing law

These terms are governed by the laws of Western Australia. Each party submits to the jurisdiction of the courts of Western Australia and the courts competent to hear appeals from those courts.

12 / General

General terms

• These terms, together with any accepted quote or signed schedule, form the entire agreement between the parties for the Services.
• Amendments must be in writing and signed by both parties. We may publish an updated version of these standard terms on this page; updated terms apply to engagements commencing after we give you 14 days' written notice of the update, and continued engagement after that notice constitutes acceptance.
• Neither party may assign or transfer its rights without the prior written consent of the other, which must not be unreasonably withheld.
• If a clause is unenforceable, it is severed and the remainder continues in force.
• Failure to enforce a right is not a waiver of it, and no waiver is continuing.
• The parties are independent contractors. Nothing creates employment, agency, partnership or joint venture.
• Notices must be in writing — by email to ceo@jimsindustrialcleaning.site for us, or to the address on your purchase order for you — and are taken to be received when sent (provided no delivery failure is returned) or on delivery for posted notices.

13 / Contact

Document control and how to contact us

How to reach us

Notices, queries and service requests can be sent to ceo@jimsindustrialcleaning.site or posted to JIMS Industrial Cleaning Pty Ltd, Perth WA. For urgent matters during business hours (Monday to Friday, 7:00 am to 5:00 pm AWST), call [FILL: phone number].