1. Agreement & Applicability of Terms

The Roaming Repairman (ABN 63 857 842 910) agrees to provide the requested services and/or goods (“the Services”) for the charges detailed in the applicable quote, work order, contract or invoice.

By requesting, accepting or proceeding with the Services, the Customer accepts these Terms & Conditions (“Conditions”).

These Conditions apply unless otherwise agreed in writing between The Roaming Repairman and the Customer.

The rights, protections and limitations available to The Roaming Repairman under these Conditions extend, to the extent permitted by law, to its employees, agents and subcontractors.

Any variation to these Conditions must be agreed in writing by an authorised representative of The Roaming Repairman.

2. Quotes & Acceptance

Quotes remain valid for 7 calendar days from the date of issue unless otherwise stated.

A quote may be identified as either a fixed-price quote or an estimate.

Where a fixed-price quote is accepted, the quoted price applies to the Services specifically described in that quote, subject to approved variations and any circumstances expressly identified in the quote.

Where a quote is identified as an estimate, the final amount may vary where reasonably required due to changes in scope, quantities, materials, labour requirements or circumstances affecting the Services.

Any deposit, progress payment or advance payment required will be stated in the applicable quote, work order or contract and will be subject to any requirements imposed by applicable law.

3. Scope of Work & Variations

The Services will be carried out in accordance with the accepted quote, work order or contract.

Any additional work, change to the scope or work outside the original Services may constitute a variation and may incur additional charges.

Where reasonably practicable, The Roaming Repairman will advise the Customer or instructing party of the proposed variation and associated cost before proceeding.

Variations will be approved where required by law or under the applicable contract.

The Roaming Repairman will not charge for additional work where approval is legally required but has not been obtained.

4. Real Estate, Property Management & NDIS Work Orders

Where Services are requested by a real estate agent, property manager, organisation or under an NDIS arrangement, the scope of Services will reflect the applicable written work order, service agreement or accepted quote.

Any work outside that scope may constitute a variation and must be approved by the instructing party where required.

Where the Customer is acting on behalf of an owner, landlord, organisation or other party, the Customer is responsible for ensuring that it has authority to request and approve the Services.

5. Subcontractors & Specialist Trades

The Roaming Repairman may engage suitably qualified, experienced and appropriately licensed subcontractors or specialist trades to carry out all or part of the Services where reasonably required.

Subcontractors may be engaged for specialist work, additional labour, project requirements, availability, or where particular qualifications or licences are required.

Where The Roaming Repairman engages a subcontractor on its behalf, The Roaming Repairman remains responsible for managing the subcontracted work within the scope of the Services agreed with the Customer, subject to applicable law and the terms of the relevant contract.

The Roaming Repairman does not carry out licensed electrical, plumbing, gas fitting or asbestos removal works unless appropriately licensed and authorised to do so.

Where specialist or licensed work is required, The Roaming Repairman may recommend, arrange or coordinate an appropriately qualified contractor where agreed.

Where the Customer independently selects or engages another contractor, that contractor remains responsible for its own work, conduct and compliance with applicable requirements.

6. Payment Terms

Unless otherwise stated in the applicable quote, work order or contract, payment for the Services is due upon completion.

Payment terms may differ where a deposit, progress payment, account arrangement or other payment schedule has been agreed in writing.

Accepted payment methods will be those specified on the applicable invoice.

Customers should use the relevant invoice number as the payment reference.

Where an invoice remains unpaid after the agreed payment period, The Roaming Repairman may take reasonable steps to recover the outstanding amount and may seek recovery of reasonable debt recovery or legal costs where permitted by law.

Any applicable late payment fee or interest must be stated in the applicable quote, contract or invoice and will only be charged to the extent permitted by law.

The Customer must not withhold an otherwise undisputed amount solely because another matter, variation or invoice is the subject of a separate dispute, subject always to any rights available under applicable law.

7. Deposits, Material Payments, Bookings & Cancellation

7.1 Where a deposit is required, the amount will be stated in the applicable quote, work order or contract and will comply with any maximum amount prescribed by applicable law.

7.2 Where the Services require the purchase of materials, products, fixtures, fittings, equipment or other goods specifically for the Customer's works, The Roaming Repairman may require an advance payment toward the purchase of those materials and goods before ordering or commencing the relevant works. The amount required will be identified in the applicable quote, work order or contract.

7.3 An advance payment for materials is applied toward the agreed cost of the relevant materials, goods or works and is not intended to operate as a deposit to the extent that it represents payment for specifically identified materials or goods to be purchased for the Customer's project.

7.4 Where materials or goods are specially ordered, custom-made, non-returnable or otherwise purchased specifically for the Customer's works, the Customer remains responsible for the reasonable cost of those materials or goods, subject to applicable law and the terms of the applicable quote, work order or contract.

7.5 The Customer should provide reasonable notice if they wish to cancel or reschedule confirmed works. Where cancellation, postponement, failure to provide access or another circumstance within the Customer's control results in reasonable costs being incurred by The Roaming Repairman, those costs may be charged where permitted by law and the applicable contract.

7.6 Any deposit, advance payment or other amount paid before commencement of the works will be dealt with in accordance with applicable Victorian legislation, including any requirements applying to domestic building work.

7.7 Nothing in this clause is intended to make an amount non-refundable where applicable law requires that amount to be refunded.

8. Site Access & Worksite Requirements

The Customer must ensure safe, clear, lawful and reasonably timely access to the worksite at the agreed time.

The Customer must notify The Roaming Repairman of any known hazards, restrictions, access requirements, tenancy arrangements, building requirements or other conditions that may reasonably affect the Services.

Delays, additional labour or other costs caused by restricted, unsafe, unavailable or delayed access may constitute additional charges or affect project timelines.

The Roaming Repairman may suspend or reschedule Services where continuing the work would create an unsafe condition, breach a legal or regulatory requirement, or risk damage to the property or completed works.

9. Ownership of Goods & Materials

9.1 Unless otherwise agreed in writing, goods, materials, fixtures, fittings or other items supplied by The Roaming Repairman remain the property of The Roaming Repairman until all amounts owing in relation to those goods, materials or the relevant Services have been paid in full.

9.2 While unpaid goods or materials remain in the possession or control of The Roaming Repairman, The Roaming Repairman may retain those goods or materials until payment is received, to the extent permitted by law.

9.3 The Customer must not knowingly sell, transfer, dispose of or otherwise deal with unpaid goods or materials in a manner that prevents The Roaming Repairman from exercising any lawful rights relating to those goods or materials.

9.4 Where goods or materials have been installed, fixed, incorporated into or otherwise attached to the Customer's property, any rights of The Roaming Repairman in relation to those goods or materials will be subject to applicable law. The Roaming Repairman does not claim an automatic right to enter the property, remove installed goods or materials, or sell property merely because an amount remains unpaid.

9.5 Nothing in this clause creates or gives The Roaming Repairman any lien, security interest, right of repossession or right to sell goods or property beyond any rights available under the applicable contract or law.

10. Workmanship Warranty

The Roaming Repairman provides a 12-month workmanship warranty from the date of completion for defects directly attributable to workmanship provided by The Roaming Repairman.

Where a defect covered by this workmanship warranty is identified, the Customer must notify The Roaming Repairman as soon as reasonably practicable and provide reasonable access to the property or relevant item for inspection and, where appropriate, rectification.

The workmanship warranty does not cover defects, damage or deterioration caused by:

• normal wear and tear;

• misuse, neglect or accidental damage;

• alterations, repairs or interference by the Customer or another person;

• damage caused by other trades or third parties;

• pre-existing conditions, defects or damage;

• movement, settlement, structural movement, moisture ingress or other site conditions outside the scope of the Services;

• materials, products or components supplied by the Customer;

• failure or defect of an existing structure, fixture, fitting or component not supplied or installed by The Roaming Repairman; or

• circumstances outside the reasonable control of The Roaming Repairman.

Where the Services involve products, materials, fixtures, fittings or components supplied by The Roaming Repairman, any applicable manufacturer's or supplier's warranty may apply separately and alongside The Roaming Repairman's workmanship warranty.

11. Manufacturer & Supplier Warranties

Where goods, products, materials, fixtures, fittings or components are supplied by The Roaming Repairman as part of the Services, they may be covered by a manufacturer's or supplier's warranty.

Any such warranty will apply in accordance with the relevant manufacturer's or supplier's terms and conditions, including applicable warranty periods, installation requirements, maintenance requirements, exclusions and claim procedures.

Where reasonably practicable, The Roaming Repairman will assist the Customer with a manufacturer's or supplier's warranty claim for products or materials supplied by The Roaming Repairman.

The Customer may be required to provide reasonable information, photographs, access to the relevant item, proof of purchase or other information reasonably required to support the claim.

Where a product or material is supplied by the Customer, any manufacturer's or supplier's warranty remains subject to the Customer's relationship with that manufacturer or supplier.

12. Public Liability Insurance

The Roaming Repairman maintains current Public Liability Insurance with a minimum level of cover of AUD $10 million, subject to the terms, conditions, limits and exclusions of the applicable insurance policy.

The insurance is intended to provide protection in respect of eligible claims for personal injury or property damage arising in connection with the Services where such claims are covered under the applicable policy.

The existence of Public Liability Insurance does not guarantee that a particular loss, damage or claim will be covered.

Where reasonably requested, The Roaming Repairman may provide evidence of current Public Liability Insurance, subject to applicable privacy or insurer requirements.

13. Delays & Unforeseen Conditions

The Roaming Repairman will make reasonable efforts to complete the Services within the timeframe advised to the Customer. Any timeframe provided is an estimate unless a specific completion date has been expressly agreed in writing.

The Roaming Repairman is not responsible for delays or additional costs caused by circumstances outside its reasonable control, including:

• severe or unsuitable weather;

• supplier or material delays;

• restricted, unsafe or unavailable site access;

• delays caused by the Customer, occupants or other contractors;

• hidden or concealed site conditions;

• pre-existing defects, damage or deterioration;

• structural movement or conditions not reasonably identifiable before commencement; or

• unexpected conditions discovered once works have commenced.

Where previously unknown conditions materially affect the scope, method, cost or timeframe of the Services, The Roaming Repairman will notify the Customer or instructing party as soon as reasonably practicable.

Additional work arising from such conditions may constitute a variation.

14. Concerns, Defects & Disputes

The Customer should notify The Roaming Repairman as soon as reasonably practicable if they have a concern regarding the Services, workmanship, materials supplied or an invoice.

Where a concern relates to workmanship or completed Services, The Roaming Repairman may require a reasonable opportunity to inspect the relevant work before repairs, alterations or rectification are undertaken by another person.

The Roaming Repairman will make reasonable efforts to investigate and resolve genuine concerns promptly and fairly.

Where a dispute cannot be resolved directly, either party may pursue any applicable dispute resolution process or other rights available under the law.

15. Photography & Documentation

The Roaming Repairman may take photographs, videos or other documentation of the worksite, existing conditions, defects, damage, completed works and materials for purposes including:

• documenting the condition of the property before, during and after the Services;

• recording the scope and progress of works;

• identifying existing defects or damage;

• quality control and warranty assessment;

• maintaining job records;

• supporting insurance, compliance or dispute resolution matters; and

• providing evidence of Services performed.

Where reasonably practicable, The Roaming Repairman will avoid capturing identifiable personal information, private belongings or individuals who are not relevant to the Services.

Photography for job documentation is separate from photography used for marketing purposes.

16. Marketing Materials

The Roaming Repairman may request the Customer's permission to use non-identifiable photographs or videos of completed works for marketing, advertising, social media, website, portfolio and promotional purposes.

Marketing use will only occur where the Customer has provided consent.

Unless otherwise agreed in writing, photographs or videos used for marketing purposes will not intentionally identify the Customer, occupants, address, personal information or other identifying details.

The Customer may withdraw consent for future marketing use by notifying The Roaming Repairman in writing.

Withdrawal of consent will not affect materials already printed, published or distributed where removal is not reasonably practicable.

17. Pricing, Estimates & Additional Charges

Unless expressly stated otherwise, pricing is based on the scope of work, site conditions, materials, labour and other information reasonably available when the quote is prepared.

Where a fixed-price quote has been accepted, the agreed price will not be increased solely because of ordinary changes in labour, material, supplier, travel or operating costs.

Additional charges may arise where:

• the Customer requests additional or different work;

• the scope changes;

• quantities or materials differ materially from those reasonably anticipated;

• hidden or previously unknown site conditions are discovered;

• site access is restricted, delayed or unavailable;

• work is delayed by the Customer, occupants, other trades or third parties;

• additional labour or specialist trades are reasonably required; or

• additional costs arise from circumstances outside the reasonable control of The Roaming Repairman.

Where reasonably practicable, additional work and associated costs will be discussed with the Customer or instructing party before proceeding.

18. Cost Breakdown Requests

The Customer may request reasonable clarification regarding the pricing or scope of Services included in a quote or invoice.

Where appropriate, The Roaming Repairman may provide a general breakdown of labour, materials, subcontractor services and other applicable charges.

Unless required by law, The Roaming Repairman is not required to disclose confidential commercial information, including:

• supplier invoices or supplier-specific pricing arrangements;

• subcontractor invoices, rates or commercial agreements;

• internal labour costs;

• internal operating costs;

• profit margins or mark-ups; or

• other commercially sensitive information.

19. Travel, Fuel & Advance Payments

Where applicable, travel, vehicle, fuel, tolls, parking, equipment transport or other travel-related charges will be identified in the relevant quote, work order or otherwise agreed before the applicable Services are provided.

Where a fixed-price quote has been accepted, travel and fuel costs included within that quoted price will not be charged separately unless an additional charge is approved as a variation or otherwise permitted under the applicable contract or law.

The Roaming Repairman may require a deposit, progress payment or advance payment where reasonably necessary to secure materials, specialist services, equipment, subcontractors or project resources.

Any such payment will be stated in the applicable quote, work order or contract and will remain subject to applicable legal requirements.

20. Application of Payments

Payments received will generally be applied to the invoice or account identified by the Customer at the time of payment.

Where the Customer has multiple outstanding invoices and does not identify which account a payment relates to, The Roaming Repairman may apply the payment to the oldest outstanding amount first, unless otherwise required by law or agreed in writing.

Where a payment is insufficient to satisfy an invoice in full, the remaining balance remains payable in accordance with the applicable payment terms.

21. Unpaid Goods & Property

Where The Roaming Repairman has lawful possession of goods or property belonging to the Customer and payment remains outstanding, The Roaming Repairman may retain possession only to the extent permitted by law.

The Roaming Repairman will not remove, retain, dispose of or sell Customer property except where it has a lawful right to do so and has complied with any applicable legal requirements.

22. Priority of Terms

These Conditions apply unless otherwise agreed in writing.

Where the Customer provides a purchase order, work order, service agreement or other terms that conflict with these Conditions, terms specifically agreed in writing by both parties will take priority to the extent of the inconsistency.

A purchase order or work order issued by the Customer does not, by itself, constitute acceptance by The Roaming Repairman of additional or conflicting terms.

Where a specific quote, contract or written variation contains terms that differ from these Conditions, those specific terms will apply to the extent of the inconsistency.

23. Liability

The Roaming Repairman will perform the Services with reasonable care and skill and in accordance with applicable legal requirements.

The Roaming Repairman is not responsible for loss, damage, delay or additional costs to the extent caused by:

• circumstances outside its reasonable control;

• pre-existing defects, damage or deterioration;

• hidden or concealed site conditions;

• materials, products or components supplied by the Customer;

• acts or omissions of the Customer, occupants or other contractors;

• unauthorised alterations, repairs or interference by another person; or

• misuse, neglect or failure to properly maintain completed works.

To the extent permitted by law, The Roaming Repairman is not liable for indirect or consequential loss arising from circumstances for which it is not responsible.

Nothing in these Conditions excludes, restricts or modifies any consumer guarantee, statutory warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

24. Customer Responsibility & Indemnity

The Customer is responsible for providing accurate information, instructions and approvals reasonably required for The Roaming Repairman to perform the Services.

The Customer is responsible for the accuracy and suitability of information, materials, products or items supplied by the Customer to the extent reasonably known or identifiable.

To the extent permitted by law, the Customer indemnifies The Roaming Repairman against reasonable loss, damage, costs or claims directly arising from:

• inaccurate or misleading information or instructions provided by the Customer;

• the Customer's misuse, neglect or unauthorised alteration of the Services or supplied goods;

• defective, unsuitable or unsafe materials or products supplied by the Customer, except to the extent The Roaming Repairman was responsible for identifying or addressing the relevant issue;

• actions or omissions of the Customer, occupants, representatives or contractors independently engaged by the Customer; or

• the Customer's breach of these Conditions or the applicable contract.

The Customer is not required to indemnify The Roaming Repairman to the extent that the relevant loss or damage was caused by the negligence, breach of contract or unlawful conduct of The Roaming Repairman, its employees or subcontractors.

25. Customer Authority & Information

The Customer warrants that:

(a) it is the owner of the property or is authorised by the owner or other relevant party to request and approve the Services;

(b) it has authority to provide reasonable access to the property and authorise the works;

(c) to the best of its knowledge, information and belief, information, instructions and approvals provided to The Roaming Repairman are accurate and complete in all material respects; and

(d) where acting on behalf of another party, it has obtained any authority reasonably required to request and approve the Services.

The Customer must notify The Roaming Repairman of any known restrictions, hazards, access requirements, heritage restrictions, owners corporation or body corporate requirements, tenancy arrangements or other conditions that may reasonably affect the Services.

The Customer remains responsible for obtaining approvals or permissions that are legally required from the owner, landlord, tenant, owners corporation, body corporate or other relevant party unless obtaining those approvals has been expressly included in the Services.

26. Non-Solicitation of Personnel

During the period in which Services are being provided and for 6 months following completion of the relevant Services, the Customer must not knowingly and directly solicit an employee or subcontractor of The Roaming Repairman with whom the Customer has had material dealings through the Services for the purpose of engaging that person directly to provide substantially similar services outside The Roaming Repairman's engagement.

This clause does not prevent:

• a person from responding to a genuine general employment or contractor advertisement that has not been specifically targeted at them;

• a person from independently approaching the Customer without solicitation;

• the Customer from engaging a person who independently approaches them without solicitation; or

• any conduct that cannot lawfully be restricted.

Where the Customer breaches this clause, The Roaming Repairman may seek to recover reasonable loss or damage directly resulting from the breach, to the extent permitted by law.

27. Use of Quotes

Quotes prepared by The Roaming Repairman are provided for the Customer's consideration of the Services described in the quote.

The Customer may obtain other quotes or seek independent advice. However, unless otherwise agreed in writing, the Customer must not reproduce, distribute, publish or use The Roaming Repairman's quote, detailed scope of works, measurements, pricing structure, photographs, specifications or other commercially prepared information for the purpose of obtaining or negotiating an alternative quote from another contractor.

The Customer must not represent The Roaming Repairman's quote, scope of works or documentation as its own or provide it to another contractor as instructions to replicate or price the same scope without The Roaming Repairman's permission.

Nothing in this clause prevents the Customer from exercising any rights available under applicable law.

28. Governing Law & Consumer Rights

These Conditions and any contract for Services between The Roaming Repairman and the Customer are governed by the laws of Victoria, Australia.

The parties submit to the jurisdiction of the courts and tribunals of Victoria, Australia, to the extent permitted by law.

Nothing in these Conditions is intended to exclude, restrict or modify any rights, guarantees, warranties, remedies or protections available to the Customer under the Australian Consumer Law (ACL) or any other applicable Commonwealth or Victorian legislation.

Where applicable legislation provides rights or remedies that cannot lawfully be excluded, restricted or modified, those rights and remedies apply notwithstanding anything contained in these Conditions.

Nothing in these Conditions prevents the Customer from exercising a statutory right, making a complaint to an appropriate regulatory or dispute resolution body, or pursuing any remedy available under applicable law.