These terms and conditions are between you and Club Home Response Pty Ltd (ABN 82 168 839 487), trading as RACV Trades (RACV Trades). All Services covered by this Agreement are performed or arranged by RACV Trades.
Throughout this Agreement a reference to “we”, “us” or “our” is a reference to RACV Trades.
Agreement means these terms and conditions together with the accepted Quote returned to RACV Trades and includes any document referenced or annexed to the Quote.
Cancellation Fee has the meaning given in section 7B.
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 6A.
Effective Date means the date on which you accept the Quote (and, if applicable, pay the Deposit) for your Job.
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 RACV 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 RACV Trades to you under this Agreement, including but not limited to any Specialist Parts.
Personal Information means your personal information collected by RACV Trades in connection with the Property, the Job and the Services carried out.
Property means the property at which the Job is to be completed.
RACV Trades means Club Home Response Pty Ltd (ABN 82 168 839 487), trading as RACV Trades.
RACV Trades Platform means the online platform used by you to order Services at https://www.racv.com.au/home/trades.html.
Services means the services provided by RACV Trades to you, including the arrangement, preparation and provision of Quotes, 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 8A.
Tradie means the tradesman (or trade company) allocated to your Job.
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.
A. RACV Trades provides contracted trade services to RACV members and customers.
B. Each RACV Trades Job is limited to:
(a)
i. the trade services required to rectify the identified issue as set out in your Quote; and
ii. a total contract value cap of $9,999 (inc GST) for each Job.
or
(b)
i. the trade services required to rectify the identified issue as set out in your Quote; and
ii. the provision of one of the following single trade types
iii. a total contract value cap of $64,999 (inc GST) for each Job.
A. You will need to provide the following information when you request a Quote from RACV 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 RACV 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 will 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 RACV 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 your 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), this will become the fixed price for completion of the Job, subject to any revision to the price in accordance with section 4J.
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 cost will be borne by RACV 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 your Property following completion of the Job will be at your cost.
O. Quotes are valid for 30 days from the date of issue.
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. RACV 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.
A. You agree to the Quote by accepting the Quote either on the RACV Trades Platform 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.
B. If you cancel or reschedule your Job on the Job Date a fee of $180 (inc 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 8 of these terms and conditions will also apply.
C. 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 8 of these terms and conditions will apply.
A. Once you accept the Quote, 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 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. RACV 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.
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 RACV Trades and any necessary parts (including Specialist Parts) will be included in your Quote unless otherwise stated.
C. In addition to any other remedies RACV Trades may have at law, if you fail to pay for the Job when such payment is due, and payment remains overdue for a period of more than 60 days, you expressly grant RACV Trades and its agents an irrevocable licence to enter the Property to remove any unpaid Parts and Materials, and agree to provide access to your Property such that RACV Trades and/or its agents can do so.
D. RACV Trades does not store any credit card data and utilises an accredited service provider for processing credit card payments. Both RACV Trades and its service provider are audited annually to ensure they meet the relevant industry standard for security of payment card details.
A. Where relevant, RACV Trades will supply:
i. 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:
a. in excess of $750 (inc GST);
b. involving the installation, relocation or replacement of any Type A gas-using appliances;
c. involving the conversion of a gas-using appliance for use with a different gaseous fuel;
d. involving the installation, modification or relocation of consumer gas piping;
e. involving the construction, installation or alteration of any below-ground sanitary drain or associated gullies; or
f. 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;
ii. a Certificate of Electrical Safety for any prescribed and non-prescribed electrical installation works in accordance with the Electrical Safety Act 1998 (Vic); or
iii. any other compliance certificate relevant to your Job, within any regulated timeframe.
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 RACV Trades and the Tradie with any information regarding risks to health and safety present at or on your 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 RACV 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). RACV 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 RACV 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 or any other Services will not constitute a breach of this Agreement.
D. RACV Trades reserves the right to reschedule any work at your Property without any liability to you, if in the reasonable opinion of RACV Trades, performance of such works would breach RACV Trades obligations to its employees and contractors under the OHS Legislation (for example, during wet weather or extreme heat).
E. RACV 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 RACV considers, acting reasonably, is inappropriate, improper, hostile, threatening, abusive or dangerous (whether at your Property or by phone).
A. By accepting the Quote on the RACV Trades Platform, you agree to and accept the terms of this Agreement and agree to make payment in accordance with the specific Quote terms.
B. You acknowledge and understand upon completion of your Job that you will be asked to make payment (at your election):
i. online by credit or debit card;
ii. over the phone; or
iii. by invoice, following receipt of which you can pay using the relevant details provided on the invoice.
C. Subject to sections 7B, 8B and 8C, if you have paid a Deposit, your final payment amount will be the Quote amount, minus your Deposit.
D. Regardless of the payment method you choose, RACV Trades will send you an invoice following completion of your Job.
E. 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.
A. RACV Trades warrants that:
i. your Job will be carried out in a proper and workmanlike manner with due care, attention and skill;
ii. your Job will be carried out in accordance with any plans and specifications set out in the Agreement;
iii. all Parts and Materials to be supplied by RACV 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;
iv. the Job will be carried out in accordance with, and will comply with, all applicable legislative requirements; and
v. 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.
A. Unless the Parts and Materials comes with a manufacturer’s warranty longer than the warranty period (Manufacturer’s Warranty Period), RACV 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 Materials Warranty 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 RACV Trades as soon as possible to permit RACV 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 RACV Trades at its option, at no cost to you.
C. In addition to any general or statutory warranties you may be entitled to, RACV 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 RACV 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 RACV Trades, acting reasonably. The liability of RACV Trades to remedy errors or defects shall not apply to the extent that the error or defect arises from the circumstances described in section 14E.
E. You acknowledge and agree that the warranties provided under this Section 14 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 RACV 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 RACV Trades.
F. You must notify RACV Trades of any warranty claim in accordance with this section 14 by:
i. contacting RACV Trades on 13 46 63; or
ii. writing to RACV Trades at level 2, 550 Princes Hwy Noble Park, 3174 upon the defect first coming to your attention.
G. RACV 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. RACV Trades will not accept third party invoices for rectification work completed without RACV Trades express pre-approval in writing.
I. Warranty Work will be performed when reasonably requested by you during business hours, unless otherwise agreed. RACV Trades will not be liable to you for any claims made for injury, loss or damage to any person, resulting from RACV Trades failure to provide the Warranty Work if you fail to give RACV Trades access to your Property.
J. If, after the expiry of the relevant warranty period, you request (either, in writing or via telephone) RACV Trades to diagnose and rectify an error, defect, fault or malfunction in the Parts and Materials, RACV Trades may charge you a fee for such diagnosis, rectification or advice at its standard rates.
K. RACV 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. RACV Trades' services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
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.
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 RACV Trades can limit its liability under the Australian Consumer Law, RACV Trades limits such liability to the following (at RACV Trades option) for:
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
ii. services, the supplying of the services again, or the payment of the cost of having the services supplied again.
B. Subject to section 15A 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, RACV Trades liability shall be limited for:
i. Parts and Materials to any one or more of the following as the RACV Trades in its sole discretion may determine:
ii. Services to either of the following as the RACV Trades in its sole discretion may determine:
C. Subject to sections 15A and 15B, if RACV Trades is found to be liable to you in connection with this Agreement, the liability of any of RACV 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, RACV Trades will not be liable to any person for any Consequential Loss in connection with this Agreement, howsoever arising.
E. RACV 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 RACV Trades.
A. In order for RACV Trades to provide you with the Services under this Agreement you agree to provide Personal Information. You acknowledge and agree that RACV Trades 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 third parties for the purpose of providing you with the Services, such as for the supply of Parts and Materials and those who provide RACV Trades with Services, including Tradies;
iii. use Personal Information collected through the Services to promote products and services to you; and
iv. retain and use information collected through the Services as described in this Agreement or as otherwise permitted by law.
B. By providing Personal Information to RACV Trades you acknowledge and consent that we may disclose it on a confidential basis to our related entities, including Home Trades Hub Australia Pty Ltd, Royal Automobile Club of Victoria (RACV)Limited (RACV), 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. RACV Trades may also use and collect non-personal aggregate information, such as statistical and other anonymous information (including location information):
i. to provide services to multiple third-party providers;
ii. for research purposes to help RACV Trades enhance and improve its services and to develop current and future services and functionality; and
iii. for other purposes related to the RACV Trades business.
D. You acknowledge and agree that RACV Trades may share non-personal aggregate information with third parties (this is a customary online practice). For example, RACV Trades may provide a count of users from a particular area or utilise data in an anonymous manner to develop and improve other products. RACV Trades will always ensure that any Personal Information has been removed before non-personal aggregate information is provided to third parties.
E. RACV Trades use of any Personal Information will comply with all applicable legislative requirements and at all times be governed by the RACV Privacy Charter, a copy of which can be found at https://www.htha.com.au/privacy-policy.
A. By providing RACV Trades with your Personal Information you consent to RACV Trades collecting and using your Personal Information for marketing purposes.
B. You must notify RACV Trades if you want to change your consent for marketing purposes by contacting us using the details set out in section 14F.
C. Further, you agree to your Personal Information being disclosed to RACV and agree that RACV and its related bodies corporate may contact you with marketing and information about their products and services (including, to avoid doubt, products and service outside of services offered by the RACV Trades), discounts, special offers, competitions and invitations to special events until you opt out of receiving these communications. You agree that any contact details provided by you can be used for these communications including to contact you by post, phone, email and SMS. If at any time you wish to opt out from receiving these communications:
i. please let RACV know by using the "Opt Out" instructions in the RACV Privacy Charter (available at www.racv.com.au/privacy) or any opt out means provided in the communications.
A. 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, used in relation to the RACV Trades Platform shall remain RACV 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.
A. RACV 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. RACV 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 15 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 RACV Trades.
A. Where RACV Trades alters these terms and conditions, RACV Trades will use reasonable endeavours to advise you of any such change by posting notification of changes on the following website https://www.racv.com.au/home/trades/terms-conditions.html
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.
A. You may not assign, transfer or otherwise deal with the rights under this Agreement without the prior written consent of RACV Trades.
B. RACV Trades may assign, novate or otherwise deal with its rights and obligations under this Agreement in favour of a related entity of RACV Trades or RACV.
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.