‍1.    Agreement

These terms and conditions are between you and Club Home Response Pty Ltd (ABN 82 168 839 487), trading as HTHA Trades (HTHA Trades). All Services covered by this Agreement are performed or arranged by HTHA Trades.

Throughout this Agreement a reference to “we”, “us” or “our” is a reference to HTHA Trades.

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2.    Definitions

Agreement means these terms and conditions together with the submitted Work Order or accepted Quote returned to HTHA Trades and includes any document referenced or annexed to the Work Order or Quote.

‍Cancellation Fee has the meaning given in section 8.a of these terms and conditions.

Consequential Loss means any loss of income, loss of revenue, loss of profit, loss of financial opportunity, loss of business or loss of business opportunity, loss of goodwill, loss of use or loss of production or financing costs, whether present or future, fixed or unascertained, actual or contingent.

Deposit has the meaning given in section 7.a of these terms and conditions.

Effective Date means the date on which you submit the Work Order or accept the Quote (and, if applicable, pay the Deposit) for your Job.

HTHA Trades means Club Home Response Pty Ltd (ABN 82 168 839 487), trading as HTHA Trades.

Job means the particular trade activity that you need performed on your Property.

Job Date means the date on which your Job is scheduled to be completed by your Tradie.

Quote means the estimate of costs for your Job, allowing for allocated labour and parts and based on the information provided to HTHA Trades by you. The accepted Quote returned by you forms part of this Agreement.

OHS Legislation means the Occupational Health and Safety Act 2004 (Vic) and Occupational Health and Safety Regulations 2017 (Vic).

Parts and Materials means the parts and materials supplied by HTHA Trades to you under this Agreement, including but not limited to any Specialist Parts.

Personal Information means your personal information collected by HTHA Trades in connection with the Property, the Job and the Services carried out.

Pre-authorised Amount means a capped amount, pre-authorised by you, within which the HTHA Trades Service Provider can perform a Job.

Property means the property at which the Job is to be completed.

Services means the services provided by HTHA Trades to you, including the arrangement, preparation and provision of Quotes, review and acceptance of Work Orders, the completion of your Job, the provision of any necessary Parts and Materials and the preparation and provision of invoices.

Site Inspection means the Tradie attending the Property prior to commencing the Job for the purposes of assessing the Quote.

Specialist Parts has the meaning given in section 9 of these terms and conditions.

Tradie means the tradesman (or trade company) allocated to your Job.

Work Order means a formal request issued by you to HTHA Trades via email or another approved process to perform specific Job. The accepted Work Order forms part of this Agreement.

Urgent Repair has the same meaning as in the Residential Tenancies Act 1997 (Vic).

you/your means the person, or company to whom this Agreement is addressed.

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3.    HTHA Trades

a.     HTHA Trades provides contracted trade services to RACV members and customers.

b.     Each HTHA Trades Job is limited to:

                                      i.      

1) the trade services required to rectify the identified issue as set out in your Work Order or Quote; and

2) a total contract value cap of $9,999 (including GST) for each Job.

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Or

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                                    ii.      

1) the trade services required to rectify the identified issue as set out in your Work Order or Quote; and

‍ ‍2) the provision of one of the following single trade types

a.     plastering

b.     tiling (wall and floor)

c.     electrical work

d.     glazing

e.     insulating

f.      painting

g.     plumbing gas-fitting and draining

h.     installing floor coverings

i.      attaching external fixtures (awnings, security screens, insect screens and balustrades)

j.      erecting a chain wire fence around a tennis court

k.     erecting a mast, pole, antenna, aerial or similar structure; and

3.     a total contract value cap of $64,999 (including GST) for each Job.

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4.    Work Orders

a.     You will need to provide the following information when you submit a Work Order:

                                    i.     the type of trade you need;

                                   ii.     address of the Property where the Job is to be completed;

‍                                  iii.     when you would like the work to start; 

‍  ‍                                iv.     a description of the Job (including any pictures you want to upload of the Job); and

‍  ‍                                 v.     the Pre-authorised Amount for the Job if applicable.

b.     Where you have submitted a Work Order in accordance with these terms and conditions, including the Job limitations set out in section 3b, HTHA will accept the Work Order, allocate an appropriately qualified Tradie to complete the Job, and contact you to schedule a Job Date.

c.     Where you have not submitted a Work Order in accordance with these terms and conditions, including the Job limitations set out in section 3, HTHA will:

                                      i.     Contact you to ask any additional questions about the Job and may ask to arrange a Site Inspection of the Property before accepting a Work Order; or

‍  ‍                                    ii.     Provide a revised Work Order for your review and resubmission; or

‍  ‍                                  iii.     Decline the Work Order.

‍ ‍5.    Quotes

a.     You will need to provide the following information when you request a Quote from HTHA Trades:

                                      i.     the type of trade you need;

‍                                    ii.     details of the location of the Property where the Job is to be completed;

‍  ‍                                  iii.     when you would like the work to start; and

‍  ‍                                   iv.     a description of the Job (including any pictures you want to upload of the Job).

b.     If you don’t own the Property and you are requesting a Quote for:

                                      i.     damage to the Property which is not your fault then your rental provider (landlord) must organise and pay for all non-urgent repairs in accordance with the Residential Tenancies Act 1997 (Vic), unless agreed otherwise with your rental provider, and in these circumstances you must confirm with the owner of the property that you are liable for the Job (and payment) prior to HTHA Trades providing you with a Quote (and any reimbursement is a matter between you and your landlord);

                                    ii.     damage to the Property caused by you, in these circumstances, you must confirm with the owner of the Property that you are liable for the Job (and payment) prior to us providing a Quote; or

                                  iii.     work not covered by the Residential Tenancies Act 1997 (Vic) and for which the landlord is not liable, then you must confirm that you have permission to undertake the work the subject of the request for Quote.

c.     If you don't own the property and the Job is considered to be an Urgent Repair, you must comply with all requirements of the Residential Tenancies Act 1997 (Vic), including the obligation to immediately inform your rental provider.

d.     Once you have submitted a request for a Quote, we will allocate an appropriately qualified Tradie to provide you with a Quote.

e.     Your Tradie may call you to ask any additional questions about the Job and may ask to arrange a Site Inspection of the Property before giving you a Quote.

f.      The Tradie may offer a Site Inspection to enable an accurate quote to be provided. At the time of arranging the Site Inspection, if the Tradie determines that investigations will be required to diagnose a problem, a charge may be applied by the Tradie to complete the Site Inspection.

g.     Once your Tradie has all of the Job details, they will send you a Quote.

h.     Each HTHA Trades Quote will include the Parts and Materials required for the Job and allows for allocated labour.

i.      Your Quote will be based on either an overall price for the Job, or on an hourly rate.

j.      If you are provided with an overall price for the Job, the Quote will remain fixed unless the Tradie attends the Property to complete the Job and reasonably determines that the work you require is different to that described by you when requesting a Quote or has changed since the Tradie completed a Site Inspection. Where this occurs, the Tradie may revise the Quote previously provided to you in order to account for any additional works or parts required. 

k.     If you are given an overall price for the Job and you choose to proceed with the Quote (see section 8 of these terms and conditions), this will become the fixed price for completion of the Job, subject to any revision to the price in accordance with section 5j of these terms and conditions.

l.      Where you are given an overall price for the Job and the Job exceeds the estimated labour allocation for the agreed works in the Quote, any additional labour costs will be borne by HTHA Trades.

m.   Your Quote does not include rectification works such as plastering, carpeting, painting, landscaping, or concreting following the Tradie completing the Job. However, your Quote will specify:

                                      i.     if there is any necessary damage required as part of the Job; and 

                                    ii.     any rectification work that will be required after the Job is complete.

n.     You acknowledge and agree that any subsequent rectification works at the Property following completion of the Job will be at your cost.

o.     Quotes are valid for 30 days from the date of issue.

p.     You agree to the Quote by accepting the Quote via email, phone or directly with the Tradie (and, if relevant, paying the Deposit). Following acceptance of the Quote, your Tradie will contact you to schedule a Job Date.

6.    Hourly rate quotes

a.     Works that are quoted based on an hourly rate are calculated from the Tradie’s time of arrival at the Property until their departure from the Property. This allows for set up, investigation, rectification (if possible), clean up and reporting. 

b.     HTHA Trades offers no guarantee that the Job will be completed where investigation of complex issues is required or where there are issues that require specific materials to resolve. You agree to be liable for the hourly rate as quoted.

7.    Deposit

a.     To accept a Quote, you may be required to pay a percentage of the quoted amount as a deposit. This amount will be clearly indicated in your Quote (Deposit). 

b.     The Deposit will not change if your Quote is revised in accordance with sections 55.j and 55.k of these terms and conditions.

8.    Cancellations

a.     If you cancel or reschedule your Job on the Job Date a fee of $180 (including GST) may apply). If you cancel your Job and have paid a Deposit, the Cancellation Fee will be subtracted from the Deposit prior to the Deposit being refunded to you. If Specialist Parts have been ordered for your Job, section 9 of these terms and conditions will also apply.

b.     If you cancel your Job at any time prior to your Job Date you will not be charged a Cancellation Fee and if you have paid a Deposit, it will be refunded to you. However, if Specialist Parts have been ordered for your Job, section 9 of these terms and conditions will apply.

9.    Specialist parts

‍a.     Once you accept the Quote or your Work Order is accepted, Parts and Materials may be ordered or manufactured to meet the specific requirements (Specialist Parts) of the Job.

b.     If you cancel the Job after accepting the Quote or the Work Order is accepted you agree to be responsible for all restocking fees (the return of Specialist Parts to the supplier). In the event that the Specialist Parts cannot be returned to the vendor, you will be liable for all Specialist Parts costs (and the cost of these parts will be subtracted from any Deposit paid. If no Deposit has been paid you will be invoiced for the cost of the Specialist Parts).

c.     HTHA Trades will ensure all reasonable efforts are made to restock items to suppliers wherever possible, but ‘made to measure’ materials specific to your Job or Property may not be able to be returned and you will be liable for costs associated with those materials if you cancel your Job (and the cost of these made to measure materials will be subtracted from any Deposit paid. If no Deposit has been paid you will be invoiced for the cost of the made to measure materials). Upon payment for the parts, they will either be delivered to you or made available for collection.

10. Access

a.     You agree to provide your Tradie with access to the Property so that they can complete your Job.

b.     Any required Parts and Materials to perform your Job will be provided by HTHA Trades and any necessary parts (including Specialist Parts) will be included in your Quote unless otherwise stated.

c.     HTHA Trades does not store any credit card data and utilises an accredited service provider for processing credit card payments. Both HTHA Trades and its service provider are audited annually to ensure they meet the relevant industry standard for security of payment card details.

11.  Compliance certificates

‍Where relevant, HTHA Trades will supply:

a.     a compliance certificate from a licenced plumber certifying the work carried out complies with all relevant plumbing standards, codes and regulations for any plumbing works:

‍  ‍                                      i.     in excess of $750 (including GST);

‍  ‍                                    ii.     involving the installation, relocation or replacement of any Type A gas-using appliances;

‍  ‍                                  iii.     involving the conversion of a gas-using appliance for use with a different gaseous fuel;

‍  ‍                                   iv.     involving the installation, modification or relocation of consumer gas piping;

‍  ‍                                    v.     involving the construction, installation or alteration of any below-ground sanitary drain or associated gullies; or

‍  ‍                                   vi.     involving the construction, installation, alteration, relocation or replacement of a cooling tower or of any other part of a cooling tower system, including the installation or replacement of any associated device or equipment;

b.     a Certificate of Electrical Safety for any prescribed and non-prescribed electrical installation works in accordance with the Electrical Safety Act 1998 (Vic); or

c.     any other compliance certificate relevant to your Job, within any regulated timeframe.

12.  Safety

a.     You share a responsibility to ensure that the Property is at all times a safe working environment for Tradies. This includes, but is not limited to, ensuring you identify and provide HTHA Trades and the Tradie with any information regarding risks to health and safety present at or on the Property, such as the presence of asbestos or hazardous substances, the presence of dangerous animals or any infections, contagions or infected or contagious persons.

b.     If the Tradie encounters asbestos or any other hazardous substances while carrying out a Job at your Property, the Tradie will make the area safe, including restricting access to the relevant area (if required). You acknowledge and agree that you will comply with any instructions provided by the Tradie regarding the area where the asbestos or hazardous substance is located, including during the period after the Tradie leaves the Property.

c.     You must notify HTHA Trades and your Tradie in advance (when seeking a Quote and prior to the Job commencing) of any risks to health and safety, including any unsafe conditions at your Property that may affect the performance of your Job (including those referred to in section 11A of these terms and conditions). HTHA Trades reserves the right to refuse to perform any work at the Property (including without limitation any Warranty Work) without any liability to you, if in HTHA or the Tradie’s reasonable opinion your Property is not a safe working environment, until such time as the Property has been made safe at your cost (including professional cleaning or removal of all asbestos product from that part of Property where asbestos is present). Any such delay or suspension of the Job, Warranty Work carried out in accordance with section 14 of these terms and conditions or any other Services will not constitute a breach of this Agreement.

d.     HTHA Trades reserves the right to reschedule any work at the Property without any liability to you, if in the reasonable opinion of HTHA Trades, performance of such works would breach HTHA Trades obligations to its employees and contractors under the OHS Legislation (for example, during wet weather or extreme heat).

e.     HTHA Trades reserves the right to refuse to perform any Services if you (or any person associated with you) is acting or behaving in a manner that HTHA considers, acting reasonably, is inappropriate, improper, hostile, threatening, abusive or dangerous (whether at the Property or by phone).

13.  Fees and payments

‍a.     By accepting the Quote or submitting a Work Order, you agree to and accept the terms of this Agreement and agree to make payment in accordance with the specific Quote or Work Order terms.

b.     You acknowledge and understand upon completion of your Job that you will be asked to make payment.

c.     Subject to sections 8a, 9b and 9c of these terms and conditions, if you have paid a Deposit, your final payment amount will be the Quote amount, minus your Deposit.

d.     You acknowledge and understand that non-payment of invoices by the due date specified therein may result in further collections actions and you will be liable for any costs reasonably incurred arising from these collections.

14.  General warranties

‍HTHA Trades warrants that:

a.     your Job will be carried out in a proper and workmanlike manner with due care, attention and skill;

b.     your Job will be carried out in accordance with any plans and specifications set out in the Agreement;

c.     all Parts and Materials to be supplied by HTHA Trades for use in the work will be of good quality and suitable for the purpose for which they are used and that, unless otherwise stated in the Agreement, those Parts and Materials will be new;

d.     the Job will be carried out in accordance with, and will comply with, all applicable legislative requirements; and

e.     the Job will be carried out with reasonable care and skill and will be completed by the date (or within the period) specified by the Agreement.

15.  Express warranty of parts and materials and labour

a.     Unless the Parts and Materials comes with a manufacturer’s warranty longer than the warranty period (Manufacturer’s Warranty Period), HTHA Trades warrants that the Parts and Materials supplied pursuant to this Agreement will be free of material errors or defects for a period of 12 months from the date the Job was completed (Parts and MaterialsWarranty Period).

b.     If you experience any operational faults, errors or defects in the Parts and Materials during the Manufacturer’s Warranty Period or the Parts and Materials Warranty Period, you must contact HTHA Trades as soon as possible to permit HTHA Trades to carry out work to rectify the faults, errors or defects (Warranty Work). Any Parts and Materials or part thereof that is proved to be defective will be repaired or replaced by HTHA Trades at its option, at no cost to you.

c.     In addition to any general or statutory warranties you may be entitled to, HTHA Trades warrants all workmanship and labour for a period of 12 months from the date the Job was completed. Errors or defects in the Job that are notified to HTHA within 12 months will be rectified, resupplied or the purchase price of the works refunded to you, at our discretion (Workmanship Warranty).

d.     Determination of the existence of, and the liability for, the rectification of errors or defects, is at the discretion of HTHA Trades, acting reasonably. The liability of HTHA Trades to remedy errors or defects shall not apply to the extent that the error or defect arises from the circumstances described in section 15e of these terms and conditions.

e.     You acknowledge and agree that the warranties provided under this Section 15 do not cover:

                                      i.     any defect, fault, damage or malfunction caused by your failure to regularly maintain and test any Parts and Materials in accordance with the applicable Australian Standards and the manufacturer's recommendations;

                                    ii.     fair wear and tear;

                                  iii.     any error, defect, fault, damage or malfunction caused by your negligence, fault, neglect, abuse or incorrect installation by you;

                                   iv.     connection or use of the Parts and Materials or any error, defect, fault damage or malfunction caused as a result of vandalism, fire, water damage, power surge, lightning, electrical storm or any other circumstance outside of HTHA Trades control or that of the manufacturer;

                                    v.     any error, defect, fault, damage or malfunction caused by your failure to replace consumables required for the use and operation of the Parts and Materials (such as, without limitation, batteries or light bulbs); or

                                   vi.     any actual or attempted unauthorised repair, modification, removal or reinstallation of, interference with or work on, the Parts and Materials by any person other than HTHA Trades.

f.      You must notify HTHA Trades of any warranty claim in accordance with this section 15 by:

                                      i.     contacting HTHA Trades on 1300 051 754; or

                                    ii.     writing to HTHA Trades, 200 Browns Road, Noble Park North VIC 3174.upon the defect first coming to your attention.

g.     HTHA Trades reserves the right to inspect and verify all warranty claims and to the extent reasonable and permitted by law, all decisions regarding the Workmanship Warranty are final.

h.     HTHA Trades will not accept third party invoices for rectification work completed without HTHA Trades express pre-approval in writing.

i.      Warranty Work will be performed when reasonably requested by you during business hours, unless otherwise agreed. HTHA Trades will not be liable to you for any claims made for injury, loss or damage to any person, resulting from HTHA Trades failure to provide the Warranty Work if you fail to give HTHA Trades access to your Property.

j.      If, after the expiry of the relevant warranty period, you request (either, in writing or via telephone) HTHA Trades to diagnose and rectify an error, defect, fault or malfunction in the Parts and Materials, HTHA Trades may charge you a fee for such diagnosis, rectification or advice at its standard rates.

k.     HTHA Trades goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and in some cases, compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure is considered to be a minor failure. The benefits under our warranties are in addition to other rights and remedies under a law in relation to the goods/services.

l.      HTHA Trades' services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

                                      i.     to cancel your service contract with us; and

                                    ii.     to a refund for the unused portion, or to compensation for its reduced value

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

16.  Limitation of liability

a.     Nothing in this Agreement excludes any liability implied or imposed by any laws (including the Australian Consumer Law) that cannot be lawfully excluded or limited. Where HTHA Trades can limit its liability under the Australian Consumer Law, HTHA Trades limits such liability to the following (at HTHA Trades option) for:  

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                                      i.     goods, the replacement of the goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or

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                                    ii.     services, the supplying of the services again, or the payment of the cost of having the services supplied again.

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b.     Subject to section 16a of these terms and conditions as far as possible, where the Parts and Materials and/or Services are not ordinarily acquired by you as a consumer (as defined in section 3 of the Australian Consumer Law) for personal, domestic or household use pursuant to section 64A of the Competition and Consumer Act 2010 (Cth) - Schedule 2 (Australian Consumer Law) and/or similar provisions in State legislation, HTHA Trades liability shall be limited for:

                                      i.     Parts and Materials to any one or more of the following as the HTHA Trades in its sole discretion may determine:

‍ ‍1) the replacement of the Parts and Materials;

‍ 2) the repair of the Parts and Materials;

‍ ‍3) the payment of the cost of replacing the Parts and Materials or of acquiring equivalent Parts and Materials; or

‍ ‍4) the cost of having the Parts and Materials repaired.

‍  ‍                                    ii.     Services to either of the following as the HTHA Trades in its sole discretion may determine:

‍  ‍1)    the resupply of the services again; or

‍  ‍2)     the payment of the cost of having the services supplied again.

c.     Subject to sections 16a and 16b, if HTHA Trades is found to be liable to you in connection with this Agreement, the liability of any of HTHA Trades, its servants or agents is limited to a sum not exceeding $10,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months.

d.     To the extent permitted by law, HTHA Trades will not be liable to any person for any Consequential Loss in connection with this Agreement, howsoever arising.  

e.     HTHA Trades shall not be liable for any default or failure to perform its obligations under this Agreement where the failure or default arises from acts of God, wars, acts  of terrorism, accidents, fires, explosions, earthquakes, lightning strikes, floods, pandemics, strikes, industry disputes, shortage of parts, any action by you including any interference with misuse, damage or abuse to the Parts and Materials by you and/ or other person, any failure by you to perform your obligations under this Agreement or any other circumstance beyond the control of HTHA Trades.

17.  Privacy

a.     In order for HTHA to provide You with Services under this Agreement You agree to provide Personal Information about yourself and information about the Nominated Properties. HTHA and its third-party technology and cloud storage providers may:

‍  ‍                                      i.     collect, monitor and store information to provide the Services in connection to You;

‍  ‍                                    ii.     disclose information (including Personal Information) to You and to third parties through whom HTHA provides services in connection with your use of the Services for the purpose of providing you with the Services;

                            iii.     disclose Personal Information to suppliers who need access to the Personal Information to provide HTHA with services, to allow supply of Equipment and Services to You;

                                      iv.     retain and use information as described in this Agreement or as otherwise permitted by law.

b.     By providing Personal Information to HTHA Trades you acknowledge and consent that we may disclose it on a confidential basis to our related entities, including Royal Automobile Club of Victoria (RACV) Limited, Insurance Australia Limited (IAL), our Tradies, law enforcement agencies, lawyers, recovery agents, advisers, and the agent of any of these, to assess your requirements for and to provide you the Services, and to calculate or offer any discounts issued to you by us or our related entities (including IAL and RACV).

c.     HTHA may also use and collect non-personal aggregate, statistical, and other anonymous information (including location information):

                                      i.      to provide services to multiple third-party providers;

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                                    ii.     for research purposes and to help HTHA enhance and improve its services and to develop current and future services and functionality; and

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                                  iii.      for other purposes of HTHA’s business.

d.     HTHA may share non- personal aggregate, or summary, information with partners or other third parties (this is a customary online practice). For example, we might provide a count of customers from a particular area or utilise data in an anonymous manner to develop and improve other products. HTHA will always ensure that any Personal Information has been removed before aggregate information is provided to third parties or partners.

e.     HTHA’s use of any Personal Information will at all times be governed by the HTHA Privacy Policy, a copy of which can be found at www.htha.com.au/privacy-policy

18.  Intellectual property

All intellectual property rights in information, trademarks, logos, business processes, data and materials including without limitation all software, tools, know-how, Parts and Materials or processes shall remain HTHA Trades and its related entities exclusive intellectual property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.

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19.  Subcontractors and suppliers

a.     HTHA Trades may subcontract the performance of all or any of its obligations under this Agreement to any person or firm without giving notice to you.

‍b.     HTHA Trades may use one or more subcontractors, suppliers, vendors or licensors (collectively, “Tradies”) to provide the Services. To the extent permitted by law, the limitations of liability in section 16 of this Agreement shall apply to the work, products or services that our Tradies provide, and shall apply to them and protect such Tradies in the same manner as it applies to and protects HTHA Trades.

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20.  Changes to this agreement

‍a.     Where HTHA Trades alters these terms and conditions, HTHA Trades will use reasonable endeavours to advise you of any such change by posting notification of changes on the following website https://www.htha.com.au/htha-trades-terms-and-conditions.  

‍‍b.     The version of the terms and conditions applicable on the Effective Date will form part of the Agreement, regardless of updates that occur after the Effective Date.

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21.  General

a.     You may not assign, transfer or otherwise deal with the rights under this Agreement without the prior written consent of HTHA Trades.

‍b.     HTHA Trades may assign, novate or otherwise deal with its rights and obligations under this Agreement in favour of a related entity of HTHA Trades or HTHA.

‍c.     This Agreement will be governed by and construed in accordance with the laws in force in the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that State.

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