RealFix

Terms & Conditions

Introducer	Realfix Pty Ltd (ACN-150 196 606):
ABN-37 150 196 606

Tradesperson:

The person, firm, or corporation registered with the Introducer to provide trade services for the building industry

Recipient:

The person, firm, corporation, governmental or semi-governmental authority registered with the Introducer seeking the introduction of the Tradesperson from the Introducer

Contract:

These terms and conditions:
a.	Constitute a contract between the Introducer, Recipient, and the Tradesperson, which prevail over any other terms, and conditions that may be inconsistent or contrary to those contained in this document.
b.	Apply to any Documents attached, or forming part of the supply of the Services by the Introducer to the Tradesperson.
c.	Constitute a contract at the Time of receipt of Electronic Communications by the Introducer if transmitted by Electronic Means, or by written acknowledgement from the Introducer if the Tradesperson seeks the Services verbally or by means of a Document.
d.	Apply to the exclusion of all other agreements and prior representations, unless subsequently evidenced in writing by the Introducer and the Tradesperson, and is the whole agreement between the Introducer and the Tradesperson.

Coverage General Terms:

Unless otherwise stated in writing by the Introducer, these terms and conditions apply to the provision or supply of the Services by the Introducer, its employees, servants, agents and sub-contractors to the Tradesperson where the:
a.	Tradesperson places an order or request for the Services, which either contain no terms and conditions of supply, or contains terms and conditions identical to those contained in this document, and
b.	Introducer accepts such an order or request

Services:

The Introducer provides or supplies to, or on behalf of the Tradesperson lead generating services normally provided for remuneration, at a distance, by electronic means and at the individual request of the Recipient, which includes, without limitation; a remote service consisting of the provision of an online application that introduces Recipients to Tradespersons for quotations and the provision of those services by the Tradespersons to the Recipients.

Business Day:

A day, other than Saturday or Sunday, during which banks are open for general banking business in Victoria Australia whose laws apply in the construction of this Contract.

Relationship of Parties:

The Introducer is not acting as partner, joint venture party, employee, servant, agent, contractor, or sub-contractor of either the Recipient or the Tradesperson.

"at a distance":

The Services are provided without the parties being simultaneously present

"by electronic means":

The Services are sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means

"at the individual request of a Recipient of Services":

The Services are provided through the transmission of data on individual request

Electronic Communication:

A communication of information in the form of:
a)	Data, text or images by means of guided and/or unguided electromagnetic energy; or 
b)	Speech by means of guided and/or unguided electromagnetic energy, where the speech is processed at its destination by an automated voice recognition system

Document:

In addition to any document in writing, any drawing, map, plan, diagram, design, picture, or other image, tape, disk or other device or record embodying information in any form. A reference to writing or written includes faxes but not e-mail, or any communication transmitted by Electronic Means.

Time of dispatch of Electronic Communications:

If an electronic communication enters a single information system outside the control of the originator, then, unless otherwise agreed between the originator and the addressee of the electronic communication, the dispatch of the electronic communication occurs when it enters that information system.

Time of receipt of Electronic Communications:

a)	If the addressee of an electronic communication has designated an information system for receiving electronic communications, then, unless otherwise agreed between the originator and the addressee of the electronic communication, the time of receipt of the electronic communication is the time when the electronic communication enters that information system. 
b)	If the addressee of an electronic communication has not designated an information system for receiving electronic communication, then, unless otherwise agreed between the originator and the addressee of the electronic communication, the time of receipt of the electronic communication is the time when the electronic communication comes to the attention of the addressee.

Assignment:

The Tradesperson cannot assign the benefit of the rights under this Contract.

Defined Words:

For convenience, the first letters of words and expressions defined in this Contract are in capital letters. The absence of a capital letter does not alone imply that the word or phrase has a different meaning from that given by its definition.

Governing Law:

The laws of Victoria govern these terms, conditions and Contract, and the Courts of Victoria Australia will hear, determine, and enforce proceedings to protect those rights, liabilities, or obligations.

Headings:

Headings are for reference only, and do not affect the interpretation of these terms, conditions, and Contract.

Plural & Gender:

Unless inconsistent with the subject matter or context, words importing one gender include the other gender and words importing the singular number include the plural number and vice versa. A person includes an individual, body corporate, partnership, and government.

Successors & Assignees:

The expression "Introducer" and "Tradesperson" includes the respective parties and the respective trustees, executors, administrators or successors in title. This clause does not mean the Tradesperson can assign any right under this Contract.

Price:

a.	Unless otherwise agreed by the Introducer and the Tradesperson in writing the price of the Services is that specified by the Introducer on price lists, or other documents.
b.	Except as otherwise stated in writing by the Introducer the prices are GST exclusive.
c.	Where the price specifically includes GST, it is calculated upon the rate ruling at the date of the quotation and any variation at the time of completing the services to the Recipient is at the expense of the Tradesperson.

Price Variation:

Subject to these terms and conditions, the Price is as quoted in writing by the Introducer, or varied due to a change in the Tradesperson�s Specifications. If a Price is not quoted then it is in accordance with the Introducer�s current price list. Verbal quotations are, subject to written confirmation.
The Introducer reserves the right without notice to alter the Price of the Services whether or not the Introducer for the Services has received a deposit or part payment. The Introducer can invoice the Tradesperson for any extra amount where the costs to the Introducer have altered due to circumstances beyond its control.

Introduction Requirements:

In the absence of specific instruction from the Recipient, the Introducer can select the Tradesperson and provide contact details to the Recipient. 
The Introducer will endeavour to refer the Recipient to the Tradesperson within a reasonable time, but subject to these terms and conditions is not liable for any loss or damage directly or indirectly sustained from any failure to provide an introduction within such period. 
The Introducer is not liable for any loss or damage resulting from any failure to give an introduction.
The Introducer can introduce the Recipient to more than one Tradesperson for a particular service or a group of services.
Where in order for the Tradesperson is to carry out or perform its services enter upon the Recipient�s premises, the Recipient shall provide full and safe access to the Tradesperson. The Recipient is liable for and will indemnify the Introducer and the Tradesperson against the cost of all loss, damage to property and injury to persons; occurring directly or indirectly due to the failure by the Recipient to ensure full and safe access.
The Introducer is not liable or responsible for any loss or damage, cost or expense suffered by the Recipient or the Tradesperson resulting directly or indirectly from any failure by the Introducer to fulfil any of these terms and conditions.

Cancellation:

To the extent permitted by law, the Tradesperson cannot without the Introducer�s written consent, cancel orders for Services. The cancellation of any order can only occur on terms, which indemnify the Introducer against all loss.

Tradesperson�s Specifications:

Changes to any specifications at the Tradespersons request, either at the time of placing the order, or afterwards will only be accepted at the Introducer�s discretion. Such changes will only take effect when agreed in writing by the Introducer and which can result in a Price Variation.

Force Majeure:

The Tradesperson releases the Introducer from all and any liability in relation to, or occurring out of any failure or transaction in performance of its obligation due in part or in whole to any cause whatsoever beyond the Introducer�s control..

Responsibility:

The Recipient and the Tradesperson limits the Introducer�s liability, and accepts that the Introducer is not:
a)	A registered building practitioner;
b)	Obliged to quote for the services of any particular Tradesperson;
c)	Liable for any loss, damage, or any delay;
d)	Liable for any loss or damage to goods;
e)	Liable to the Recipient and to the Tradesperson, its servants or agents for any direct, indirect, incidental or consequential loss, injury or damages of any nature (whether in tort, contract, or otherwise). This includes loss of profits, production, sales opportunity, business reputation, direct or indirect labour costs and overhead expenses, damage to equipment, property, or any other claim arising directly, indirectly, or in any way attributable to the performance of, or failure to perform this Contract whether resulting from the negligence of the Introducer, its sub-contractors, servants, agents or otherwise.

Waiver:

Failure by the Introducer to insist on strict performance by the Tradesperson of any terms and conditions is not a waiver. 
In any event, it is not a waiver of the same terms and conditions on any subsequent occasion, and does not discharge the Tradesperson from any obligations under these terms and conditions.

Notice of Claim:

The Tradesperson will give the Introducer written Notice of any claim by a Recipient within two Business Days of the alleged loss or damage occurring.

Insurance:

The Tradesperson shall obtain and carry its own insurance that deals with public liability, workcover and other appropriate cover, or the Introducer can, on the written request of the Tradesperson arrange insurance coverage.

Subrogation of Rights:

In the event the Introducer discharges any liability or makes any payment for loss of, damage to, or delay, the Tradesperson assigns all rights it has under any policy of insurance to recover that amount, and irrevocably appoints the Introducer as attorney with full power to use its name to claim and recover that amount. The Tradesperson will provide all assistance and will execute all documents and provide all information to enable Introducer to obtain the full benefit of this clause.

Notices:

All notices will be in writing, and may be hand delivered, mailed, postage pre-paid, addressed to the postal address of the Introducer, Recipient or the Tradesperson. Any such notice, demand, or account is deemed to have been received two Business Days after dispatch if sent by mail and on the next Business Day if delivered by hand or facsimile transmission.

Voidability:

The Recipient and the Tradesperson accepts these terms and conditions are subject to any rights or obligations arising under any legislation. This Contract cannot operate to override any rights and obligations created by the Australian Competition and Consumer Act. All implied conditions and warranties (statutory or otherwise) are excluded from this Contract insofar as they are capable of being excluded by agreement. Any terms or conditions that are void, voidable or repugnant to any Act, then this Contract is read as if that term or condition were deleted and the balance of this Contract remains enforceable.

For Detailed Terms & Conditions please click here.

I hereby agree to the Terms & conditions and also authorise the contractors to enter the property in order to carry out the repair or view the repair

Full Name	Office Name	No & Street Address
Suburb	State	Post Code
Contact Number Mobile	Contact Number Work	Contact Number Home
Email

Full Name	No & Street Address	Suburb
State	Post Code	Contact Number Mobile
Contact Number Work	Contact Number Home	Your Preferred Email

Job Request Form

Step 1: What is the reason for contacting RealFix?

Step 2: Who is filling out this form?

Step 3: Property Manager / Agent / Landlord Details

Step 4: Tenant Details

Step 5: Maintenance Details

Step 6: Access Details

Terms & Conditions