1. PAYMENT

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A. All services rendered by Elite4 Property Maintenance are based on a transparent FLAT RATE PRICE structure, encompassing labor, materials, and GST. Detailed breakdowns will not be provided beyond 14 days from the initial quotation to maintain pricing integrity and consistency.

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B. Elite4 Property Maintenance requires a 50% deposit of the initial quotation to be remitted upfront upon the CUSTOMER'S acceptance of the quotation, ensuring commitment and resource allocation for the agreed-upon services.

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C. Elite4 Property Maintenance maintains a strict policy against deductions from any payment due, safeguarding against unauthorized reductions for reasons such as liquidated damages, penalties, or back charges assessed by external parties. Failure to remit payment within five (5) days of its due date constitutes a material breach of the contract. In the event of non-payment, Elite4 Property Maintenance reserves the right, at its sole discretion, to terminate work under this agreement. In such cases, Elite4 Property Maintenance shall be entitled to recover all incurred expenses, including labor, materials, overhead costs, and potential profits lost due to incomplete performance. Additionally, Elite4 Property Maintenance shall pursue all available legal remedies.

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D. Payment for all completed work by Elite4 Property Maintenance is due upon job completion, ensuring fairness and prompt settlement unless alternative payment arrangements have been pre-authorized, demonstrating flexibility and accommodating individual customer needs.

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2. NOTICE OF DEFECTIVE WORK

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Upon completion of the services, the CUSTOMER agrees to conduct a diligent inspection for any defects in workmanship or materials. The CUSTOMER undertakes to notify Elite4 Property Maintenance within forty-eight (48) hours of service completion of any identified defects, allowing for timely resolution. Upon discovery of alleged defects, the CUSTOMER shall promptly inform Elite4 Property Maintenance, affording them the initial opportunity to rectify the issues. By accepting this agreement, the CUSTOMER expressly releases Elite4 Property Maintenance from any liability arising from defects, acknowledging the opportunity provided for rectification. Elite4 Property Maintenance shall not be liable for reimbursement for work performed by any third-party company or individual, emphasizing accountability and clarity regarding service responsibility.

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3. SCOPE OF AGREEMENT

 

A. This agreement constitutes the entirety of the understanding between the CUSTOMER and Elite4 Property Maintenance, superseding all prior negotiations, representations, or agreements, whether verbal or written. Any amendments to this agreement must be made in writing and accepted by both parties, ensuring clarity and preventing misunderstandings.

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B. Elite4 Property Maintenance acknowledges and the CUSTOMER understands that alternative service providers may offer lower pricing. The CUSTOMER retains the option to seek alternative bids before finalizing this agreement, promoting informed decision-making and customer satisfaction.

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4. SUBCONTRACTORS

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Elite4 Property Maintenance reserves the right to engage subcontractors for any portion of the described services, additional work, or any extras as agreed upon, ensuring efficient project management and timely completion. Subcontractors are carefully selected based on expertise and reliability, maintaining the high standard of service associated with Elite4 Property Maintenance.

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5. DISPUTE RESOLUTION

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Elite4 Property Maintenance (referred to herein as "Elite4") and the CUSTOMER mutually acknowledge and agree to the following dispute resolution procedures. In the event of any dispute arising under this agreement, the disputing party shall promptly provide written notice to the other party. Both parties shall endeavor to resolve the dispute amicably through good-faith negotiations.

Should the dispute remain unresolved, despite efforts made, either party may refer the matter to the Fair Trading Tribunal for resolution. The CUSTOMER understands and agrees to bear all costs and expenses, including but not limited to damages, administrative fees, legal fees, and collection costs, incurred by Elite4 as a result of the CUSTOMER'S breach of this agreement.

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6. RESPONSIBILITIES OF THE CUSTOMER

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The CUSTOMER acknowledges and affirms that, except as specified in the service request, all other areas and aspects related to the contracted services are either unnecessary or are in satisfactory condition. The CUSTOMER agrees to hold Elite4 harmless from any liability arising from the discovery of pre-existing defects or conditions.

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7. RESPONSIBILITIES OF CONTRACTOR

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Elite4 pledges to execute all services with the utmost professionalism, adhering strictly to relevant Australian Standards and statutory regulations governing such works. Materials and components utilized in the provision of services shall meet stringent quality standards, ensuring suitability for their intended purposes. Elite4 commits to employing competent personnel and ensuring diligent adherence to prescribed guidelines throughout the duration of the project.

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8. TERMINATION OF CONTRACT

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In the event that the CUSTOMER chooses to terminate the contract prematurely, Elite4 shall diligently comply with all necessary procedures and requirements as dictated by the circumstances. Upon receiving instructions to cease work, Elite4 shall promptly initiate the cessation process, ensuring that all necessary inspections are carried out in accordance with regulatory mandates. The CUSTOMER shall be liable for all costs associated with such inspections and any work already performed up to the point of termination.

Furthermore, any deposit paid by the CUSTOMER shall be deemed forfeited as liquidated damages upon contract cancellation. Elite4 reserves the right to pursue additional remedies available under law or equity to recover any losses incurred as a result of contract termination.