Terms and Conditions

1. DEFINITIONS
In these Terms and Conditions (Conditions):
1.1. Jungle Busters means Jungle Busters Pty Ltd ABN 50 664 624 079 and Jungle Busters Tree Services ABN25 645 395 393 and includes any subcontractors, Servants and/or Agents of the said Jungle Busters.
1.2. The Customer means and includes the person shown on the face hereof as being the Customer” and includes such Person, Contractors, Servants, Agents and/or persons claiming through under or in trust, or such person or corporation for whom Jungle Busters is providing the Services.
1.3. Services means and includes all goods and services of whatsoever kind provided by Jungle Busters.

2. CONTRACT
2.1. The Job Docket, the information shown on the face hereof and all documents attached hereto or incorporated herein by reference and these Conditions shall constitute the entire terms of the contract between Jungle Busters and the Customer. Notwithstanding anything contained in any order or other document from the Customer, these Conditions, shall be the only terms, conditions or warranties applicable with the exception of any amendments agreed to by Jungle Busters in writing.
2.2. In the absence of a written acceptance by the Customer, the commencement of any work by Jungle Busters in pursuance of the Job Docket or otherwise shall be deemed acceptance hereof and a contract shall be formed upon these Conditions and the document on the face hereof.
2.3. Unless otherwise agreed to in writing by Jungle Busters and notwithstanding any terms appearing in documentation provided by or on behalf of the Customer the terms appearing herein shall be incorporated by implication into all agreements by Jungle Busters to supply the Customer with Services.

3. PAYMENT, QUOTES AND PRICES

3.1. Quotes and Prices
a. Quotes are valid for 30 days from the date of the issue of the quotation
b. All quotes are for work to be performed, without restriction, during normal business hours of Monday to Friday from 6 AM to 6 PM unless otherwise specified on the job Docket.
c. Travel time applies from Jungle Busters depot to the place where the services are to be carried out.
d. Jungle Busters will charge the prices for its services as set out in its current price schedule or as set out on the Job Docket but reserves the right to alter the prices charged for its services from time to time without notice.
e. Supply of materials, including, but not limited to chemicals, plants, sand, soil or gravel will be at Jungle Busters current price at the time of the order and subject to availability.

3.2. Payment
a. Unless the Customer has established a credit facility with Jungle Busters, orders will only be accepted on a “Cash with Order” basis. Jungle Busters reserves the right to grant or refuse a credit account to any customer.
b. Where the Customer has established a credit facility with Jungle Busters, unless otherwise specified, payment terms shall be twenty one (21) days from the date of invoice issued to the Customer for the supply of goods and services.
c. Where payment is not received within usual payment terms Jungle Busters may at its option suspend delivery and cease work without notice and without liability.
d. If, at the Customer’s request, the delivery of goods or services is postponed for more than 14 days, payment will become due seven days after notice to the Customer that the goods or services are ready for shipment and/or installation or performance.
e. Payments via MasterCard, Visa and Bankcard are accepted and incur a processing surcharge.
f. Jungle Busters may at its discretion make progress claims in respect to construction work or supplying related goods and services provided under the contract to non-resident owners in which case such progress claims or any claims for payment made to the Customer shall be deemed to be made under the Building and Construction Industry Payments Act 2004 Qld and all invoices to the Customer shall be deemed to be marked accordingly.

4. DISPUTES
The Customer shall, within seven (7) days from the completion of the Work, notify Jungle Busters in writing of any alleged dispute. If the Customer fails to comply with this provision, the Work shall be conclusively presumed to have been completed satisfactorily and free from any disputes.

5. ADVICES
Subject to these Conditions, any advice, recommendation, information, assistance or Services provided by Jungle Busters is given in good faith and is believed by Jungle Busters to be appropriate and reliable. However, any such advice, recommendation, information, assistance or Services provided by Jungle Busters is provided without liability or responsibility on the part of Jungle Busters.

6. RISK
The risk in the Services provided by Jungle Busters, including any goods purchased by the Customer shall pass to the Customer upon delivery to the Customer of the services and/or goods.

7. VARIATIONS
There shall be no variations to the services to be provided by Jungle Busters under the contract without agreement first being obtained from Jungle Busters after such variations have been reduced to writing and provided to Jungle Busters. The Customer agrees to pay any additional amount reasonably charged by Jungle Busters for the variation(s).

8. ASSIGNMENT
The Customer shall not, without the consent in writing of Jungle Busters, assign, transfer or sublet the contract, or any part thereof.

9. INDEMNITY
The Customer shall indemnify and hold Jungle Busters harmless against all and any loss or damage cost or expense related to (a) personal injury or death; (b) loss or damage to property; (c) infringement of letters patent, trademark, registered design or copyright caused by or arising out of or in any way connected with the contract, but the Customer’s liability to indemnify Jungle Busters shall be reduced proportionally to the extent that the act or omission of Jungle Busters contributed to the injury or death, loss or damage, or client.

10. COMPLIANCE
The Customer shall comply with the requirements of all Acts of Parliament and all regulations, bylaws or orders made thereunder and to the requirements of public, municipal or other authorities in any way affecting or relevant to the Services or area where the Services are to be carried out, including without limitation those requirements relating to occupational health and safety and the environment. The Customer indemnifies Jungle Busters against any breach of this condition.

11. DAMAGES AND DEFAULT
11.1. Recoverable Costs
The Customer must pay to Jungle Busters any costs, expenses or losses incurred by Jungle Busters as a result of the Customer’s failure to pay to Jungle Busters all sums outstanding as owed by the Customer to Jungle Busters including without limiting the generality of the forgoing any legally recoverable debt collection and legal costs incurred in enforcing payment on an indemnity basis.
11.2. Interest
Jungle Busters may charge interest at twelve per centum (12%) per annum on amounts not paid within the time specified in Jungle Busters invoice.
11.3. Default
If:
(i) the Customer makes default in any payment,
(ii) the Customer commits any act of bankruptcy or being a company, any of the grounds upon which a company may be wound up under the Corporations Act 2001 or its successors, occur,
(iii) The Customer breaches any term, covenant or condition in this or any other contract, agreement or understanding between the Customer and Jungle Busters,
(iv) If there is any contract agreement or understanding between Jungle Busters and any related company (as that term is defined under the Corporations Law) or guarantor of the Customer, and the related company or the guarantor of the Customer breaches any terms covenant or condition of such contract agreement or understanding,
(v) Where the related company or any guarantor of the Customer does or commits any act matter or thing which if it, he or she were the Customer would be a breach of these Conditions, or
(vi) A Receiver, Receiver and Manager, Controller or Administrator of the Customer or of a Deed of Company arrangement in respect to the Customer is appointed:
Then all moneys owing and outstanding to Jungle Busters on any account whatsoever and irrespective of whether the due date as per the Statement of Account has occurred shall become immediately due and payable. In addition, Jungle Busters may without prejudice to its other rights suspend further deliveries, require payment in advance for all such deliveries or terminate any other contract or agreement made forthwith by written notice to the Customer.
11.4. Terminate Credit
Notwithstanding anything herein Jungle Busters may at all times at its sole and unfettered discretion and without being under any duty or obligation to assign reasons therefore, review, alter or terminate the Customer’s credit, limit or terms without notice. Without limiting the
generality of this sub-clause, the decision of Jungle Busters shall be final, and Jungle Busters accepts no liability or responsibility of loss, howsoever arising, incurred by the Customer due to the operation of this condition.

12. PRIVACY
12.1. The Customer hereby authorises Jungle Busters to collect, retain, record, use and disclose commercial and/or consumer information about the Customer, in accordance with the Privacy Act 1988, to persons and/or legal entities who are a Solicitor or any other professional consultant engaged by Jungle Busters, a Debt Collector, Credit Reference Organisation and/or any other individual or organisation which maintains credit references and/or default listings.
12.2. The Customer also authorises Jungle Busters to make enquiries with respect to the Customer’s commercial and/or consumer credit worthiness; to exchange information with other Credit Providers in respect to previous commercial and/or consumer defaults of the Customer and to notify other Credit Providers of a commercial and/or consumer default by the Customer, in accordance with the Privacy Act 1988,.

13. LIABILITY
13.1. Non-Excludable Rights
The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or services which cannot be excluded, restricted or modified by the Agreement (“Non-excludable Rights”)
13.2. Disclaimer of Liability
Jungle Busters disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of Jungle Busters for a breach of a Non-Excludable Right is limited, at Jungle Busters option, to the supplying of goods and/or any services again or payment of the cost of having the goods and/or services supplied again or repaired.
13.3. Indirect Losses
Notwithstanding any other provision of these Conditions, Jungle Busters is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for:
a. Any increased costs or expenses;
b. Any loss of profit, revenue, business, contracts or anticipated savings;
c. Any loss or expense resulting from a claim by a third party; or
d. Any special, indirect or consequential loss or damage of any nature whatsoever caused by the Jungle Busters’ failure to complete or delay in completing the Services.
13.4. Force Majeure
Jungle Busters will have no liability to the Customer in relation to any loss, damage or expense caused by Jungle Busters’ failure to complete the Services as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Jungle Busters’ normal suppliers to supply necessary material or any other matter beyond the Jungle Busters control.

14. SECURITY AND CHARGE
The Customer herby charges all property, both equitable and legal, present or future of the Customer with payment of any monies that may be owing by the Customer to Jungle Busters under these Conditions or otherwise

15. GENERAL MATTERS
15.1. Severability
Any provision in these Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
15.2. Governing Law and Jurisdiction
These Conditions are to be construed in accordance with the law of the state of Queensland and the parties agree to submit to the non-exclusive jurisdiction of the courts of that State.
15.3. Waiver
None of these Conditions shall be waived, discharged or released at law or in equity except by written notice of Jungle Busters in each instance.