1. Definitions

1.1                    Kestrel Cleaning means Kestrel Cleaning Services & Supplies Pty Ltd its successors and assigns or any person and/or entity acting on behalf of and with authority of Kestrel Cleaning Services & Supplies Pty Ltd.

1.2                    Client’ means the person/s and/or entity purchasing goods and/or services.

1.3                    Price” means the price for the Goods and/or Services provided by Kestrel Cleaning as agreed between Kestrel Cleaning and the Client

1.4                    Goods and/or Services” means all Goods and Services supplied by Kestrel Cleaning at the Client’s request to the Client or to any third party designated by the Client to accept goods and/or services from Kestrel Cleaning on the Client’s behalf (where the context so permits the terms Goods or Services shall be interchangeable for the other).

2. Application of provisions

2.1                    These conditions supersede all previously agreed terms for the supply of goods and/or services by Kestrel Cleaning and may only be altered by written agreement signed by both Kestrel Cleaning and the Client

2.2                    The placing of an order for goods and/or services, after these conditions have been made available to the Client, will constitute acceptance by the Client Jointly and severally of these terms and conditions as the terms and conditions upon which goods and/or services are rendered to the Client

3. Pricing A price as stated in the Kestrel Cleaning Quotation remains in effect for 30 days from date of issue or otherwise as stated in Kestrel Cleaning quotation and are in AUD (Australian Dollars) ex GST

3.1                    The Client must pay the price for the goods and/or services (including any GST) quoted by Kestrel Cleaning where no price is quoted, the current price (including any GST) charged by Kestrel Cleaning at that time

3.2                    Estimated prices are subject to change. A Purchase Order from a client will not be received from an Estimate. A Purchase Order from a client must be matched to Kestrel Cleaning Quotation.

3.3                    Kestrel Cleaning reserves the right to amend the price if

                                                    (a)   the Client requests a variation to the Goods and/or Services originally quoted and/or any additional special instruction from the Client. All such changes shall require a separate purchase order from the Client and a revised quotation from Kestrel Cleaning.

                                                   (b)   in the event of increases to Kestrel Cleaning which are beyond Kestrel Cleanings control in the cost of taxes, levies, freight and insurances, labour and materials.

3.4                    Hourly rates where applicable shall be advised at time of quotation

3.5                    All services are subject to callback requests within 3 days of the completion date only. After this period, services will be considered satisfactory, and further requests may incur additional charges.

3.6                    From 1st August 2025 Kestrel Cleaning reserves, the right to increase Kestrel prices each quarter by not less than 0.5 percentage points on previously quoted prices, to cover increases from suppliers of products and wages to staff, Kestrel Cleaning will notify the clients at the time of such increases.

4. Payment

4.1                    At Kestrel Cleaning’s sole discretion, a non-refundable deposit may be required upon acceptance of Kestrel Cleaning’s quotation of an amount equal to no less than ten percent (10%) of the quoted price. However, for all non-account holders, full payment is required upfront prior to the commencement of any works.

4.2                    Payment terms shall be as shown in Kestrel Cleaning’s quotation and may be as follows:

                                                    (a)   on delivery of goods and/or Services

                                                   (b)   by way of instalments / progress payments in accordance with Kestrel Cleaning’s payment schedule as detailed on the quotation

                                                    (c)   the date specified on any invoice as being the due date for payment

                                                   (d)   net against invoice

                                                   (e)   Seven (7), Fourteen (14), Twenty-One (21), Thirty (30) days from date of invoice, or Thirty (30) days end of month

                                                      (f)   A payment term that has been negotiated and agreed between the Client and Kestrel Cleaning at the time of the Client making application for and being approved for a Commercial Credit Account

4.3                    Payment may be made by electronic funds transfer (online banking) or by banker’s cheque made payable to Kestrel Cleaning Services & Supplies Pty Ltd.

4.4                    All credit card transactions incur a 1.9% surcharge. Payments made through Stripe will incur a 2.5% processing fee. These fees will be added to your total invoice amount.

4.5                    Unless otherwise stated the price is ex GST. In addition to the price the Client must pay an amount equal to any GST Kestrel Cleaning must pay for the supply by Kestrel Cleaning under this or any other agreement for the sale of Goods and/or Services. The Client must pay GST, without deduction or set off any other amounts at the same time and on the same basis as the Client pays the Price. The Client must in addition pay any other taxes, duties or levies that may be applicable in addition to the Price except where they are expressly included in the price.

5. Delivery of Goods and Installation schedules

5.1                    Delivery of the goods is taken as to have occurred at the time

                                                    (a)   the Client or its nominated carrier takes possession of the Goods at premises or

                                                   (b)   Kestrel Cleaning or Kestrel Cleaning nominated carrier delivers the Goods to the Client’s nominated delivery address even if the Client is not present at the address.

5.2                    The cost of delivery at Kestrel Cleanings sole discretion is either included in the Price or is in addition to the Price.

5.3                    The Client must take delivery either by receipt or collection of the Goods whenever they are tendered for delivery. If the Client is unable to accept delivery as arranged, then Kestrel Cleaning shall be entitled to charge a reasonable fee for redelivery and/or storage. The storage fee shall be an amount equal to no less than one hundred twenty-five dollars ($125.00) per square metre of floor space and/or cubic metre of racking space per day

5.4                    Any and all delivery schedules given by Kestrel Cleaning to the Client are estimates only. The Client must still accept delivery of the Goods even if late and Kestrel Cleaning will not be held liable for any loss or damage incurred by the Client as a result of the delivery being late. Kestrel Cleaning cannot be bound by lead times decreed by the Client if the supply of selected materials are delayed and as such Kestrel Cleaning shall not be liable to compensate the Client for such a delay caused by the suppliers delivery time frame.

5.5                    Force Majeure; Neither party shall be held responsible for any delay or failure in performance of any part of any transaction between Kestrel Cleaning and the Client to the extent such delay or failure is caused by events beyond such party’s reasonable control, including, but not limited to such as fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, terrorism, insurrection, sabotage, epidemic, quarantine restriction, labour dispute/Labour shortage, inability to secure materials, transportation embargo or failure or delay in transport, act or omission (including laws, regulations, Disapprovals or failures to approve) of any third person (including but not limited to, subcontractors, customers, government or government agencies). Each party will endeavour to give the other party reasonable notice of delay.

6. Risk

6.1                    The risk of damage or loss of the Goods passes to the Client on delivery and/or installation and as such the Client must insure the Goods on or prior to delivery.

6.2                    In the event that the Client requests Kestrel Cleaning to leave the Goods at an unattended location or outside Kestrel Cleaning premises for later collection then such Goods shall be left at the Client’s sole risk.

7. Access

7.1                    The Client shall ensure that Kestrel Cleaning or any person and/or entity acting on behalf of and with authority of Kestrel Cleaning always has free and clear access to the premises to enable Kestrel Cleaning to undertake the services in accordance with Kestrel Cleaning quotation and the Client’s specifications. Kestrel Cleaning shall not be liable for any loss or damage to the site

7.2                    For the security and safety of your property, all keys must be dropped off at our office in person, or arrangements must be made for someone to meet us at the property to grant access. Under no circumstances should keys be left under door mats, in letterboxes, or in any other unsecured location.

7.3                    Kestrel Cleaning requires that all pets be restrained or locked away from the areas the cleaner may be required to work in (this includes but not limited to: dogs, cats, snakes, lizards, chickens etc.) This is for both the safety of your pets and our staff.

8. Compliance to Laws

8.1                    The Client and Kestrel Cleaning shall comply with the provisions of all regulations, statutes and bylaws of government, local and other public authorities that may be applicable to the Services.

8.2                    The Client and Kestrel Cleaning shall comply with all State and Territory laws and the laws of The Commonwealth of Australia.

9. Title

9.1                    It is agreed by Kestrel Cleaning and the Client that ownership of the Goods shall not pass until

                                                    (a)   the Client has paid all monies owing to Kestrel Cleaning and

                                                   (b)   the Client has met all its other obligations to Kestrel Cleaning.

9.2                    Payments shall not be deemed to have been received until that form of payment has been honoured, cleared or recognized by Kestrel Cleaning.

10.                    Personal Property securities Act 2009 (“PPSA”)

10.1              In this clause financing statement, financing change statement, security agreement and security interest have the meaning designated to it by the PPSA.

10.2              The client by agreeing to these terms and conditions acknowledges that these terms and conditions constitute a security agreement for the purpose of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by Kestrel Cleaning to the Client.

10.3              The Client commits to

                                                    (a)   Sign and complete any further documents promptly and/or provide additional information that Kestrel Cleaning may reasonably require to

(i)   register a financing statement or financing changes statement in relation to a security interest on the Personal Property Securities Register.

(ii) register any other documents that may be required to be registered by the Personal Property Securities Register

                                                   (b)   Indemnify, and on demand by Kestrel Cleaning reimburse Kestrel Cleaning for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA 2009 or releasing any Goods change thereby

                                                    (c)   not registering a financing change statement in respect of a security interest without the prior written consent of Kestrel Cleaning.

                                                   (d)   not register, or permit to be registered, a financing statement or a financing change in relation to the Goods in favour of a third party without the prior written consent of Kestrel Cleaning

                                                   (e)   immediately advise Kestrel Cleaning of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.

10.4              both Kestrel Cleaning and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions

10.5              The Client waives their right to receive notices under section 95, 118, 121(4), 130, 132(3) (d) and 132 (4) of the PPSA

10.6              The Client waives their rights as a grantor and/or debtor under sections 142 and 143 of the PPSA.

10.7              Unless otherwise agreed in writing by Kestrel Cleaning, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

10.8              The Client must unconditionally ratify any actions taken by Kestrel Cleaning under clauses10.3 to 10.5

10.9              subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

11.                    Charge and Security

11.1              In consideration of Kestrel Cleaning agreeing to supply the Goods and/or services, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either currently or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

11.2              The Client indemnifies Kestrel Cleaning from and against all Kestrel Cleaning costs and disbursements including legal cost on a solicitor and own client basis incurred in exercising Kestrel Cleaning rights under this clause

11.3              The Client irrevocably appoints Kestrel Cleaning and each director of Kestrel Cleaning as the Clients true and lawful attorneys to perform all necessary acts to give effect to the provisions of this Clause11 including, but not limited to, signing any documents on the Client’s behalf

12.                    Competition and Consumer Act 2010 (“CCA”) Defects, Warranties and Returns.

12.1              Nothing in these Terms and Conditions is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable

13.                    Default and Consequences of Default

13.1              If payment is not received by the due date, an interest fee of $20.00 per day will be charged to your account until all overdue invoices are paid in full. Additionally, a monthly interest rate of 1.5% will be applied to any outstanding balance that remains unpaid for more than 30 days.

13.2              If the Client owes Kestrel Cleaning any money the Client shall indemnify Kestrel Cleaning from and against all cost and disbursements incurred by Kestrel Cleaning in recovering the debt (including but not limited to internal administration fees, Debt recovery agency fees, legal cost on a solicitor and own client basis, court cost, Kestrel Cleaning contract default fee, and Bank dishonor fees).

13.3              Without prejudice to any other remedies Kestrel Cleaning may have, if at any time the Client is in Breach of any obligation (including those relating to payment) under these terms and conditions Kestrel Cleaning may suspend or terminate the supply of Goods and Services to the Client. Kestrel Cleaning will not be liable to the Client for any loss or damage the Client suffers because Kestrel Cleaning has exercised its rights under this clause.

13.4              Without Prejudice to Kestrel Cleaning other remedies at law Kestrel Cleaning shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Kestrel Cleaning shall, whether due for payment become immediately payable if

                                                    (a)   any money payable to Kestrel Cleaning becomes overdue, or in Kestrel Cleaning opinion the Client will be unable to make a payment when it falls due.

                                                   (b)   the Client becomes insolvent, convenes a meeting with its creditors, or makes an assignment for benefit of its creditors, or

                                                    (c)   a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

14.                    Cancellations and delays

14.1              a) Kestrel Cleaning may cancel any contract to which these terms and conditions apply or cancel any delivery at any time before the Goods are delivered by giving written notice to the Client. On giving notice Kestrel Cleaning shall repay to The Client any Money paid by the Client for the Goods. Kestrel Cleaning shall not be liable for any loss or damage whatsoever arising from such cancellation. (b) The Client is required to provide a minimum of 4 weeks’ notice when ceasing any ongoing work. Failure to provide this notice may result in additional charges equivalent to the cost of the services scheduled within that period.

14.2              In the event that the Client cancels and/or postpones delivery of the Goods the Client shall be liable for all loss incurred (whether direct or indirect) by Kestrel Cleaning as a direct result of the cancellation and /or postponement (including, but not limited to, any loss of profits).

14.3              In the event of the Client cancels and/ or postpones the date of commencement less than seventy-two (72) hours prior to the proposed date of installation and that Kestrel Cleaning are unable to find alternative work for Kestrel Workers then the Client shall be liable to cover Kestrel workers cost at a rate of an amount equal to and not less than one hundred and twenty dollars ($120.00) plus GST per hour per worker.

14.4              (a) In the event that the client arrives late or fails to arrive to allow Kestrel staff access to the client’s property, Kestrel’s staff will wait a maximum of 15 minutes to give the client the opportunity to arrive after which time Kestrel staff will depart,, and the job will be cancelled with no refund due to time lost time.. The client will need to contact Kestrel and schedule another time when the client will be able to allow Kestrel staff to access the property. (b) In the event that the client arrives late, cleaning will only be completed within the remaining scheduled time, which may result in a lower standard of service.

15.                    Privacy Act 1988

15.1              The Client agrees to obtain from a credit reporting agency credit report containing personal credit information about the Client in relation to credit provided by Kestrel Cleaning.

15.2              The Client agrees that Kestrel Cleaning may exchange information about the Client with those credit providers either named as a trade referees by the Client or named in a consumer credit reporting agency for the following purposes.

                                                    (a)   to assess an application by the Client, and/or

                                                   (b)   to notify other credit providers of a default by the Client, and/or

                                                    (c)   to exchange information with other credit providers as to the status of this credit account, where the Client is in Default with other Credit providers, and/or

                                                   (d)   to assess the creditworthiness of the Client

16.                    The Client understands that the information exchanged can include anything about the Client’s credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988

16.1              The Client consents to Kestrel Cleaning being given a consumer credit report to collect overdue payment on Commercial credit (Section 18K(1)(h) Privacy Act 1988

16.2              The Client agrees that personal credit information provided may be used and retained by Kestrel Cleaning for the following purposes (and for other purposes as shall be agreed between the Client and Kestrel Cleaning or required by law from time to time),

                                                    (a)   the provision of Goods, and/or

                                                   (b)   the marketing of Goods by Kestrel Cleaning, its agents or distributors, and/or status in relation to the provision of the Goods, and/or

                                                    (c)   Analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods, and/or

                                                   (d)   processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client, and/or

                                                   (e)   enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods and/or Services.

16.3              Kestrel Cleaning may give information about the Client to a credit reporting agency for the following purposes

                                                    (a)   to obtain a consumer credit report about the Client,

                                                   (b)   allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

16.4              The information given to the credit reporting agency may include

                                                    (a)   personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number).

                                                   (b)   details concerning the Client’s application for credit or commercial credit and the amount requested,

                                                    (c)   advice that Kestrel Cleaning is a current credit provider to the Client,

                                                   (d)   advice of any overdue accounts, loans repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt recovery action has been commenced,

                                                   (e)   that the Client’s overdue accounts, loan repayments and/or any outstanding monies in respect of any default that has been listed,

                                                      (f)   information that, in the opinion of Kestrel Cleaning, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations),

                                                    (g)   advice that cheques drawn by the Client for one hundred dollars ($100) or more have been dishonored more than once,

                                                   (h)   that credit provided to the Client by Kestrel Cleaning has been paid or otherwise discharged.

17.                    General

17.1

                                                    (a)   The failure by Kestrel Cleaning to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Kestrel Cleaning ‘s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

                                                   (b)   Kestrel cleaners are not allowed to carry out any special cleaning of any antique, valuable or delicate items

                                                    (c)   Kestrel Cleaning staff are prohibited from using ladders and /or domestic work platforms to reach above a reasonable height (Reasonable height is to be decided by the cleaner considering their safety and the safety of others.

                                                   (d)   Kestrel Cleaning staff are permitted to take photographs of hazards or damage in the home before commencing work, plus cleaners are required to take before and after photos for Kestrel cleaning Services records.

17.2              Kestrel Cleaning complies fully with Australian Standards and all government acts stated in these terms and conditions and shall comply with all subsequent amendments, alterations, additions and deletions in relation to those acts in the future.

17.3              Subject to clause 12 Kestrel Cleaning shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit suffered by the Client arising out of a breach by Kestrel Cleaning of these terms and conditions (alternatively Kestrel Cleaning liability shall be limited to damages which under no circumstances shall exceed the price of the Goods).

17.4              The Client shall not be entitled to offset against, or deduct from the price, any sums owed or claimed to be owed to the Client by Kestrel Cleaning nor to withhold payment of any invoice because part of that invoice is in dispute.

17.5              Kestrel Cleaning may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

17.6              The Client agrees that Kestrel Cleaning may amend these terms and conditions at any time; If Kestrel Cleaning makes a change to these terms and conditions, that change will take effect from the date on which Kestrel Cleaning notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Kestrel Cleaning to provide Goods to the Client.

17.7              The Client acknowledges that Kestrel Cleaning is entitled to presume that any person forwarding instructions from the Client’s office and/or place of business purporting to have the authority to bind the Client to a contract for the supply and delivery of goods and/or Services from Kestrel Cleaning, has the authority they claim.

17.8              The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorizations to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it

17.9              If the Clients are a Trustee, the Directors warrant that they have the authority and power to enter transactions on behalf of the Trust and personally indemnify Kestrel Cleaning and personally guarantee the performance of all the trust’s obligations

17.10         The Client shall give Kestrel Cleaning not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact Phone, Facsimile number email address, or business practice). The Client shall be liable for any loss by Kestrel Cleaning because of the Client’s failure to comply with this clause.

17.11         These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia in which Kestrel Cleaning has its principal place of business and are subject to the jurisdiction of the South Hedland Courthouse. Hawke Place South Hedland WA 6722.