Things you need to know first
- A bag will be provided free of charge, however if the laundry and dry cleaning service is not utilised within 4 weeks of sign-up or you require a replacement bag, your credit card will be debited the amount of $10 to cover the cost.
- You must sign-up as a member prior to your laundry being processed. Garments requiring special cleaning attention, mending and extra/ specialised cleaning may have their order delayed – contact made to confirm any variation in delivery timing once garment(s) are received.
- Some shirts require hand finishing which can be due to size (don’t fit our shirt steam machines) &/or detailing (e.g. pleats & frills) – contact made to authorise prior to cleaning or you can request hand finishing if preferred ^10 item or pair maximum
- All pricing relates to plain garments and next day turnaround
- Additional charges may apply for silks, whites, sequins, beading, bulky coats and pleats
(a) All quotations made by Fresh Locker Pty Ltd ACN 146 925 920 (Fresh Locker) and all orders for personal laundry and dry cleaning service (“Services”) made by you (the Customer) are accepted subject to these general terms and conditions of trade together with any special terms and conditions which may be agreed to by Fresh Locker in writing.
(b) Any further terms and conditions not included in the general terms and conditions of trade will not be deemed to form part of the agreement between Fresh Locker and the Customer unless those further terms and conditions are agreed to by Fresh Locker in writing.
2. PAYMENT FOR SERVICES
(a) Payment for Services by the Customer must be made in accordance with the agreement with Fresh Locker and in the manner agreed between the Customer and Fresh Locker.
(b) If the Customer does not pay Fresh Locker in accordance with Clause 2(a), Fresh Locker reserves the right to charge interest on any outstanding amounts payable.
(a) Quotes provided by Fresh Locker to the Customer for Fresh Locker Services will be valid for seven (7) days. Any quotes provided by Fresh Locker for Services supplied to Fresh Locker by a third party will be subject to change without notice.
(b) Fresh Locker reserves the right to vary the price of the Services. The Customer is advised to check the Fresh Locker website regularly for current service prices.
(c) The price charged by Fresh Locker for Services will be the current price as at the date of delivery to the Customer unless Fresh Locker agrees in writing at the Customer’s request to charge another price.
(d) Laundry bags will be provided to the Customer by Fresh Locker at no further charge, however the Customer acknowledges that if the Customer does not utilise the Services within 4 weeks of signing an agreement with Fresh Locker, the Customer will be required to pay for laundry bags at a rate of $10 per bag.
(e) If the goods and Services tax (GST) has application to any supply made under this contract, the Customer will pay to Fresh Locker the price of the Services supplied together with the amount payable for GST. Fresh Locker will show the GST on its invoices in accordance with the requirements of the relevant taxation legislation.
(a) Where the Customer is in default in the performance of any of its obligations under the terms and conditions of trade, Fresh Locker may at its election and without prejudice to any of its other rights, refuse to supply or deliver further Services to the Customer.
(b) All costs and expenses incurred by Fresh Locker in recovering monies due to it from the Customer (including legal, administrative or other collection costs) will be payable by the Customer within seven (7) days of written demand being made to it by or on behalf of Fresh Locker.
(a) Fresh Locker will not be liable for any loss or damage arising due to delay in completion of Services and delivery of garments to the Customer.
(b) Dates and times quoted for delivery of garments are estimates only and any delay in delivery will not entitle the Customer to seek damages or any other remedy.
(c) No alleged defect in the Services or claim in respect of the Services delivered will entitle the Customer to refuse to accept delivery of any other part of the Services from Fresh Locker.
6. FORCE MAJEURE
(a) Fresh Locker shall be entitled to give notice to the Customer to either extend the time for delivery of the Services for a reasonable period or to terminate this contract if Fresh Locker is prevented from performing any of its obligations including (without limitation) making a delivery of Services by reason of force majeure. Without limitation, the following events shall constitute force majeure:(i) Breakdown of plant or machinery, war, terrorist attack, strike, industrial dispute, government interference, transport delay, act of God, flood, accident, non delivery or shortage of supplies or any other cause not under Fresh Locker’s control.
7. DAMAGE OR DEFECTS
(a) Immediately upon receipt of delivery of the garments, the Customer shall check the garments and notify Fresh Locker of any damage, defects or other Statement or Tax Invoice inaccuracies within seven (7) days of the date of delivery, such notice to be in writing. Fresh Locker will endeavour to replace any damaged garments or remedy any defective Services as soon as reasonably practicable but will not be liable for any loss or damage which arises or results from any inaccuracy, damage or short supply save for it’s liability as set out in Clause 8 herein.
(b) Failure to notify Fresh Locker in accordance with Clause 7(a) above will preclude the Customer from taking any issue with respect to the items shown on the Tax Invoice/Statement or object to the price for the Services as listed on the Tax Invoice/Statement.
8. GUARANTEES, WARRANTIES AND LIABILITIES
In performing the Services, Five At Heart guarantees that it will:
(a) Collect and return garments according to advertised schedule.
(b) Exercise the utmost care in cleaning and processing garments entrusted to Fresh Locker.
(c) Use Processes that, in Fresh Locker’s opinion, are best suited to the nature and conditions of each individual garment.
(d) Treat Garments according to their attached care label, being the manufacturer’s instructions as required by law.
(e) Fresh Locker will contact the Customer if Fresh Locker believes a stain can be removed using a process that is contradictory to the care label.
(f) Re-clean or re-press garments free of charge if the Customer is not completely satisfied.
(g) Should any garments be damaged or misplaced and Fresh Locker is at fault, the Customer will be reimbursed according to the Dry Cleaning Institute of Australia (DIA) Claims Adjustment Value.
8.2 Warranties and Liabilities
(a) Subject to the terms of any written warranty which may be provided by Fresh Locker and the provisions of any legislation dealing with the rights of Fresh Locker to limit its liability (for example, the Competition and Consumer (Cth)), where the Services provided by Fresh Locker to the Customer are demonstrated to Fresh Locker’s reasonable satisfaction to be defective, the liability of Fresh Locker for breach of any express or implied condition, warranty as to quality or condition is limited to the following as determined by Fresh Locker:-
(i) The costs of re-cleaning or re-pressing garments;
(ii) The payment of the repair costs for any defect in the garments caused by Fresh Locker (to the maximum value of $500); or
(iii) The payment of the replacement garment or equivalent garment to the maximum value of $500.
(b) Subject to Clause 8.2(a) above and to any applicable legislation affecting the right of Fresh Locker to limit its liability, Fresh Locker shall not be liable in any way whatsoever to the Customer or to any other person or entity for any loss or damage howsoever caused which the Customer or any other person may suffer whether or not such loss or damage arises as a result of the Services or any defect in those Services or from the failure or omission on the part of Fresh Locker (or any of its representatives, agents or employees) to comply with any obligation at law save that Fresh Locker’s liability will be limited to the re-cleaning, re-pressing, replacement or repair as detailed in Clause 8.2(a).
(c) Fresh Locker does not assume responsibility for inherent weakness or defects in materials which may result in tears or development of small hole in fabric that are not readily apparent to processing.
(d) Fresh Locker does not assume responsibility for incorrectly labelled garments.
(e) Fresh Locker only assumes responsibility for garments when in the care of Fresh Locker. Any damage caused to garments or loss of garments while the garments are in the collection bin or on collection hangers is the responsibility of the Customer.
(f) Claims will only be considered if submitted within 7 working days of the item being returned to the customers building.