TERMS AND CONDITIONS APPLYING TO TUNING SERVICES
The following terms and conditions apply to the provision of Tuning Services by Australian Piano Movers Pty Ltd ACN 165 552 241 (“APM”) to the Customer.
In these terms and conditions Tuning Services means the provision and deployment of skilled and qualified technicians by APM for the purpose of piano tuning and assessment in accordance with the terms and conditions set out in this document.
Where the Customer authorises and permits APM to provide Tuning Services it is deemed to accept the terms and conditions set out in this document.
By requesting the provision of Tuning Services by APM the Customer acknowledges that it shall be necessary for employees or agents of APM to access and enter the Customer’s premises or other premises at the direction or request of the Customer. By its request for APM to provide Tuning Services the Customer warrants that all reasonable and necessary care has been taken to remove, minimise or alert APM to any existing or foreseeable latent and patent risks to the health and safety of the employees and agents of APM at the premises (whether it be one or more) at which the Relocation Services are to be conducted.
The Customer indemnifies and agrees to keep indemnified APM against claims of trespass and unlawful entry in connection with the provision of Tuning Services and any costs, expenses, damages or losses arising thereby.
The Customer warrants that it is either the owner of the instrument on which the Tuning Services are to be performed or is duly authorised to engage and direct APM to carry out the Tuning Services on the relevant instrument and shall indemnify and keep indemnified APM against any losses, expenses, damages and costs arising by reason of third party claims in the nature of unlawful interference with or damage to property.
Where APM attends premises at the request or direction of the Customer but is for any reason unable to carry out Tuning Services through no fault of its own, APN shall be entitled to charge the Customer for such attendance.
The Customer agrees to pay the costs, fees, expenses and charges for the Tuning Services at the rates and calculated in the manner advised by APM prior to the provision of the Tuning Services. All such fees, costs, expenses and charges are to be paid in Australian dollars together with any applicable GST.
Payment of any invoices must be made as and when stipulated upon any such invoices or where advised by APM in advance in order for the provision of the Tuning Services to proceed.
If any amount payable by the Customer to APM is not paid when due APM shall be entitled to charge the Customer interest on the unpaid amount calculated daily at a rate being 1% greater than the Commonwealth Bank of Australia business lending rate then applying and APM shall be entitled to recover from the Customer as a debt due any and all reasonable expenses (including legal costs on a solicitor/own client basis and contingent expenses such as debt collection commission) incurred by APM in the enforcement of the Customer’s obligations under this Agreement and the recovery of monies due from the Customer to APM. If APM so requires, it may insist upon advance payment for the Tuning Services (including any amounts that would become payable to APM on or after the provision of the Services.
APM’s liability for any claim in connection with the provision of Tuning Services will not extend to any indirect or consequential loss (including but not limited to aggravated, special, punitive or exemplary damages, non-economic loss, loss of opportunity or loss of earnings).