NC & J Rodgers Pty Ltd trading as Kelmscott Drycleaners ABN 64 878 538 808
These are the Terms and Conditions governing any Invoices submitted by Kelmscott Drycleaners (the “Company”) to the Customer.
These Terms and Conditions supersede all previous Terms and Conditions. Any terms and conditions contained in any order or other document of the Customer which are not embodied herein are expressly excluded, and these Terms and Conditions take precedence.
1. DEFINITIONS
In the interpretation of these terms, the following shall have the meanings set forth below unless otherwise indicated:
Business Day is any day, not a Saturday, Sunday, or public holiday in WA.
Company means NC & J Rodgers Pty Ltd trading as Kelmscott Drycleaners (ABN 64 878 538 808), which is contracted to supply the Services.
Customer means the individual or company with whom the Company has entered into a contract for the supply of Services pursuant to these Terms and Conditions.
Party means the Customer or Company, and Parties means both of them.
Relevant Law means any statute, ordinance, code, or other law, including regulations under them and any code of practice, membership rules, or standards issued by relevant regulators or industry bodies, whether or not having the force of law, applicable to the Terms, the Services or any obligation to be performed under the Terms.
Services means the dry cleaning services specified in the Invoices and the provision of all materials and equipment necessary to allow or assist the performance of the Services.
2. INTERPRETATION
In these Terms and Conditions, headings are for convenience only and shall not affect its interpretation. Except to the extent that the context otherwise requires:
a. reference to any statute or statutory provision shall include any modification or re-enactment of, or any legislative provisions substituted for, and all legislation and statutory instruments issued under such legislation or such provision;
b. words denoting the singular shall include the plural and vice versa;
c. words denoting individuals shall include corporations, associations, trustees, instrumentalities, and partnerships and vice versa;
d. words denoting any gender shall include all genders;
e. references to any document, deed, or agreement shall include references to such document, deed, or agreement as amended, novated, supplemented, varied, or replaced from time to time;
f. references to any party to the Contract or any other document, deed, or agreement shall include, in the case of a company, its successors, administrators, and/or permitted assigns and, in the case of a natural person, his representatives and permitted assigns;
g. all references to dates and times are to Perth time;
h. all references to “$” and “dollars” are to the lawful currency of Australia.
3. BASIS OF AGREEMENT
3.1 The Company will provide, and the Customer will acquire the Services in accordance with these Terms and Conditions.
3.2 Any additions to these Terms and Conditions shall be in writing and included as Special Conditions. In the event of any inconsistency between these Terms and Conditions and any Special Conditions, the latter shall prevail.
3.3 These Terms do not create an exclusive relationship between the Company and the Customer regarding the provision of the Services.
4. CARE FOR GARMENTS
4.1 The Company commits to protecting your garments by following the care label Instructions on each item processed. The Company will also inspect garments for any damage that may be exacerbated by the laundering/dry-cleaning process.
4.2 If the Company deems an alternative treatment that contradicts the care label is required to achieve the desired result, or further cleaning may damage the garment, the Company will require the Customer’s authorisation before proceeding with cleaning the garment in question. The Customer assumes any and all responsibility for any damage sustained by the garment if they provide any authorisation to proceed.
4.3 The Company will not accept any liability for garments or furnishings that have missing or removed care labels.
5. COLLECTION OF GARMENTS
5.1 The Company will take all reasonable steps to process the Customer’s garments within the specified time frame. However, the Company will not be liable for any delays that may occur.
5.2 If the Customer’s garments are not collected within ninety (90) days, the Company reserves the right to dispose of them as they see fit.
5.3 The Company is not responsible for any loss you may incur in such an event.
6. PERSONAL ITEMS
6.1 While the Company endeavors to check all pockets, the Customer is responsible for making sure all your garments are free from money, jewelry, or other valuables and are ready for cleaning before leaving them with the Company.
6.2 If any valuables are found, the Company will try to safely store and return them to the Customer. However, the Company will not be held liable for such loss.
6.3 Any valuables found in the machines will be held for thirty (30) days only; afterward, the items will be deemed the property of the Company, and any further recovery or ownership by the Customer is forfeited as abandoned goods.
6.4 To avoid doubt, the Company will not be held responsible for any item left in pockets that causes damage to your and/or other client garments or items.
7. LOSS OF GARMENTS
7.1 The Company takes all reasonable steps to avoid misplacement or loss of items. However, there will be instances where items may get misplaced or lost. As such, we ask that you advise us of any discrepancy within 24 hours of picking up your order so that we may investigate the matter urgently and make a determination.
8. PAYMENTS
8.1 Other than to the extent expressly set out as a separate component(s) in an Invoice, pricing quoted is inclusive of GST and inclusive of other indirect taxes and all other applicable taxes, duties, imports, insurance costs, fees, or costs imposed by governmental authorities, transportation, and delivery charges, in each case relating to the Order.
8.2 Within five (5) Business Days of providing the Services, the Company may invoice the Customer for all Services supplied by the Company to the Customer under this Contract.
8.3 The Company’s payment terms are:
(a) Commercial Customers – Fourteen (14) days from invoice date.
(b) Individual Customers – Full payment due upon completion of work unless prior written consent has been obtained and approved by the Company.
Interest
8.4 Interest is payable on any amounts owing by the Customer from the due date of payment until the date that payment is received at a rate of 5% higher than the rate prescribed by the pre-judgment interest rate schedule of the WA law court, as amended from time to time, calculated daily and compounded monthly.
Recovery Costs
8.5 The Customer shall pay all legal and administrative costs and expenses incurred by the Company, its legal advisers, agents, and others regarding overdue accounts or anything instituted or being considered against the Customer, whether for debt or otherwise.
9. COMMERCIAL CREDIT CUSTOMERS
9.1 To avoid doubt, clause 9 only applies to clients who have been granted a credit facility.
9.2 Please refer to clause 8.3(a) with respect to payment terms applicable to commercial clients.
9.3 Any credit limit approved by the Company and advised to the Customer must not be exceeded. The limit will be periodically reviewed, and the Customer acknowledges that the limit may be revised at any time, for any reason the Company deems reasonable, by giving one (1) week’s notice.
9.4 The Company reserves the right to pursue collection of any outstanding amounts, including recovery costs, pursuant to clause 8.5.
9.5 If the Customer is a corporate body, the Company may, at any time before or during the operation of the credit facility, require one or more of the Customer’s directors and/or officers to guarantee repayment of the credit facility. If a director/officer who has provided such a guarantee vacates their office, the Customer must notify the Company in writing within fourteen (14) days.
10. GOODS AND SERVICES TAX
10.1 All prices are inclusive of GST unless otherwise specifically stated.
10.2 If the Company makes a taxable supply pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth), except where indicated otherwise, the amount payable for the taxable supply will be expressed as a Goods and Services Tax (“GST”) exclusive amount.
10.3 The Customer is liable to pay for the taxable supply and must, upon receiving a valid tax invoice, also pay any amount of GST that accrues in respect of the taxable supply at the same time as payment for the taxable supply is due.
10.4 In addition to the price of Goods and any other charges it is entitled to make to the Customer, the Company shall be entitled to charge the Customer the amount of any sales tax, goods and service tax, excise, value-added, or other tax, impost or duty payable by the Company in respect of the Goods whether or not included in the Company’s invoice.
10.5 Each party warrants to the other that it is registered for GST and must immediately notify the other party if it ceases to be so registered.
10.6 In this clause, “GST”, “Taxable Supply,” and “Tax Invoice” have the same meanings as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
11. DAMAGE
11.1 The Company exercises the utmost care in cleaning and processing garments entrusted to us and uses such processes which, in their opinion, are best suited to the nature and conditions of each individual garment. Nevertheless, we cannot assume responsibility for inherent weaknesses or defects in materials, fabrics, trims, or attachments.
11.2 The Company cannot guarantee against colour loss, colour bleeding, shrinkage, or against damage to weak and tender fabrics or damage from objects. Items with attached beads, sequin, and hand-painted or printed embellishments are dry-cleaned solely at the Customer’s risk. Damage to, but not limited to, bonded fabrics, zips, buttons, threads, tears, pulls, trims, leather and suede trim, metal attachments, hems and seams etc. caused during the dry cleaning process are deemed beyond the Company’s control and, therefore the Company will not be held responsible.
11.3 The Company will inspect every garment before returning it to the Customer to ensure it meets strict quality measures. If a stain was overlooked by chance, the Company will re-clean the item, provided it has not left the store or is returned unworn within twenty-four (2) hours.
11.4 The Company will make every attempt to remove stains where possible and will cease treatment if it is deemed a risk of potential damage to the garment.
12. DISPUTE RESOLUTION
12.1 Any claims made by the Customer must be brought to the Company’s attention within twenty-four (24) hours of collection of the garments.
12.2 The Customer acknowledges and agrees that any Claims and/or disputes made after this period will not be evaluated or recognised.
12.3 In case of a dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations.
12.3.1 To avoid doubt, the Customer acknowledges and agrees that a prerequisite of any claim is that a copy of their invoice or receipt will be provided in the first instance.
12.4 If the parties are unable to resolve the dispute through negotiations, the Company will refer the dispute to the International Fair Claims Guide for Consumer Textiles Products (FCG), a copy of which can be found here https://www.drycleanersweb.com.au/sites/default/files/uploaded-content/field_f_content_file/fair_claims_guide_0.pdf.
12.5 The Fair Claims Guide provides guidelines for resolving disputes in the dry-cleaning industry, and the parties agree to be bound by the principles outlined in the Guide.
12.6 By using our Services, you agree to this dispute resolution clause and to be bound by the International Fair Claims Guide for Consumer Textiles Products. If you have any questions or concerns, please contact us before using our services.
13. INSURANCE
13.1 The Company will, as long as any obligations remain in connection with these Terms and Conditions, effect and maintain appropriate insurance policies.
14. LIMITATION OF LIABILITY
14.1 To the maximum extent permitted by law, the Company excludes all conditions and warranties implied in these Terms and Conditions and limits its liability for breach of any non-excludable condition and warranty, at the Company’s option, to
(a) resupplying the relevant Services or
(b) paying for the cost of having the relevant Services resupplied.
14.2 The Company’s total liability under these Terms and Conditions and with respect to any damage or loss to an item by human error and is caused by the Company, either accidental or without intent, and cannot be rectified or repaired, shall not exceed ten (10) times the Company charge for cleaning the garment in question and is capped in accordance with the FCG.
14.3 The parties agree that if any limitation or exclusion of liability under these Terms and Conditions is held to be invalid under any applicable statute or rule of law, it will, to that extent, be omitted.
15. PRIVACY
15.1 Where the Company provides the Contractor with private information relating to individuals for the purposes of providing the Works, the Contractor warrants that it will comply with the Privacy Act 1988 (Cth) with respect to that information and that it indemnifies the Company against any actions, claims or proceedings relating to any breach, or alleged breach, of that legislation by it.
16. GENERAL
16.1 Where there is more than one Customer, the liability of each shall be joint and several.
16.2 The contract shall be binding on the parties’ heirs, successors, and assigns.
16.3 This Contract is governed by and construed in accordance with the laws of WA, and each of the Parties submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
16.4 The Customer agrees that the Company may review these terms and conditions at any time. If following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change
16.5 If any term or condition is unenforceable, it shall be read down to be enforceable, or if it cannot be read down, the term or condition shall be severed from these Terms without affecting the enforceability of the remaining Terms.
16.6 Headings are included for ease of reference and do not form part of or affect the interpretation of these Conditions.
16.7 Any failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision.