TERMS & CONDITIONS OF SERVICE
These terms and conditions govern the contract between you, the Client and us, Blocked Plumbing Services Pty Ltd ABN 22 607 804 446 (the “Plumber”). It is on this basis that the Client agrees to engage the Plumber.
The Client should familiarise themselves with this Contract. This will enable them, wherever necessary, to seek variation, explanation or clarification in any area/s required before the performance of the Services.
“Plumber” means Blocked Plumbing Services Pty Ltd, or any agents, plumbers or employees hereof.
“Client” shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from Blocked Plumbing Services Pty Ltd. Where the Client is a corporation or partnership, its directors or partners agree to be bound by this contract jointly and severally.
“Contracted Price” shall mean the quoted price and any variation or in the absence of a quote the time and material rates as specified on the invoice.
QUOTATIONS AND ORDERS
Unless previously withdrawn, a quotation issued by the Plumber is open for acceptance for 30 days. The Plumber reserves the right to refuse any Order placed by the Client within 7 days of the Order being placed.
Any quotation is based on the Plumber’s professional estimation of where existing drainage, pipes, water or gas lines, and electrical cables have been laid. If this is not the case or if they are inaccessible or unusable in their present state, the Plumber reserves the right to vary the quotation.
The Plumber reserves the right to vary a quotation once the supply of goods or services has commenced. The Client will be notified at their earliest convenience and approval sought to carry out the additional works.
Once an Order has been accepted by the Plumber, the Client cannot cancel it without the express consent of Plumber. Where the Plumber has already ordered goods from a third party, cancellation will only be possible if the Plumber can return the goods to the third party at no loss to Plumber.
The Plumber may, at any time after acceptance of an Order, cancel the supply of Goods or Service and the Plumber will not be liable for any loss or damage suffered by the Client as the result of such cancellation.
CONTRACT PRICE AND PAYMENT
The Client shall pay the Plumber the Contract Price and any variation in accordance with these terms and conditions.
The Price is payable in full without any deduction at the completion of the works unless otherwise agreed in writing with the Plumber.
A credit card transaction fee applies to all credit card payments.
If the supply of goods and service is by credit, the Client must have submitted a credit application which is approved in writing by the Plumber. In that case, payment must be in accordance with the terms of the credit application.
If the Client fails to make any payment, the Plumber may charge interest on the outstanding amount/s at the rate of 2.5% compounding per calendar month.
The Client is liable for all reasonable costs and expenses incurred by the Plumber or by any third party engaged by the Plumber incidental to and arising out of late payments of amounts due under this contract.
The Client agrees:
- that, pursuant to the Personal Property Securities Act 2009 (“PPSA”), this agreement creates a security interest in all Goods (and proceeds of Goods) in favour of the Plumber to secure the purchase price for the Goods;
- that the following sections of the PPSA do not apply: 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142, 143 and, to the extent section 115(7) applies, each section of Part 4.3 of the PPSA is excluded unless the Plumber elects in writing to retain Part 4.3 (which the Plumber may elect to do either in whole or in part);
- to waive its right to receive notice of a verification statement in relation to registration of a security interest; and
- the Plumber may recover from the Client the cost of doing anything under this clause 16, including registration fees.
Unless otherwise agreed the supply of service does not include the excavation, relocation, removal or repair of soil, rock or other surfaces that may be encountered in the supply of goods and services.
No provision for the costs associated with the identification or removal and cartage of Asbestos Containing Material (ACM) that may be encountered during completion of Works. Costs associated with the identification and removal of ACM shall constitute a variation and such variation shall permit an additional charge for such work.
The Client acknowledges that pipes affected by root growth and or blockages are generally damaged as a result of such interference. The removal of root growth and/or blockages alone carries no warranty that similar problems will not recur unless permanent repairs are made to the affected pipe work.
Where drain inspection or plumbing equipment becomes jammed as a result of damaged drains or blockages, the Plumber will be entitled to take reasonable action to retrieve such items. The Client agrees to pay the costs of the removal of the equipment including any excavation and restoration work.
The Plumber will take care when supplying the Goods or Services to minimise any disturbance or damage to surrounding areas including walls, ceilings, floors, garden beds and paint. Any repair or restoration required after the supply of the Goods or Services is not included in Plumber’s quotation unless otherwise stated and must be carried out at Client’s cost.
Pricing on Works are based upon the assumption that all existing installations comply with law, regulations and relevant Australian Standards. Any work required to bring existing installations into compliance with law, regulation and relevant Australian Standards shall constitute a variation.
Pricing of Works is based upon the assumption that the Plumber will have access to the site during normal working hours. If the Plumber’s access to the site is impeded in any way, this shall constitute a variation.
GOODS AND SERVICES TAX
All Goods and Services are subject to Goods and Services Tax (GST).
The Plumber will use it best efforts to supply Goods and Services in accordance with the quotation but will not be liable to the Client for any delays, no matter what the reason including negligence of the Plumber.
The Plumber shall perform work in a professional manner as per Australian Standards.
The Plumber shall perform work in accordance with OH&S requirements.
The Plumber shall handle any fixtures, fittings, materials and/or equipment provided by the Client with reasonable care.
The Plumber shall not be liable for any damage caused by defects in, or the unsuitability of client-supplied fixtures, fittings, materials and/or equipment for the purposes for which they were intended by the Client.
The Plumber shall not be liable for any loss or damage resulting from any act of God, fire, natural disaster, Act of Parliament, Government order, strike, war, delay in delivery of manufacturing materials or from any other circumstances beyond the Plumber’s control.
The Plumber may subcontract all or any of its obligations or rights without Client’s consent.
The client agrees that the site the Plumber is working on will comply with any occupational health and safety laws relating to building /construction sites.
The Client shall provide scaffolding and access equipment for the Works unless otherwise specified in the contract.
SUPPLY OF MATERIALS
Where any fixtures, fittings, materials and/or equipment are supplied by the Client, they will be stored, handled and installed at the risk of the Client. The Plumber is not liable for any failure of materials supplied by the Client.
Notwithstanding delivery of the Goods to the Client, title in the Goods shall remain with the Plumber until full payment is made by the Client to the Plumber. The Plumber reserves the right to reclaim the Goods from Client’s possession, custody or control even if they have been delivered to Client or moved from the delivery address. Plumber reserves the right to keep or sell the Goods
All materials removed from the Client’s site/premises shall be deemed to be the property of the Plumber unless the Plumber is otherwise notified by the Client.
Plumber will take out and maintain all insurance it considers appropriate in respect of the supply of Goods and Services and all other insurances required by law
TERMINATION OF CONTRACT
Either party may terminate this agreement immediately by notice to the other party:
- if the other party breaches a material term of this agreement capable of being remedied and fails to remedy the breach within 10 business days after being given notice of breach;
- if that other party breaches a material term of this agreement which is not capable of remedy; or
- the other party is unable to pay its debts as they fall due; makes or commences negotiations with a view to making a general rescheduling of its indebtedness, scheme of arrangement or composition with its creditors; or takes any corporate steps for its winding up or the appointment of a receiver, administrator or official manager over any of its revenue and assets.
If Client terminates this agreement for any reason whatsoever Client must immediately pay Plumber for all Goods or Services already ordered from or supplied by Plumber.
If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying & providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.
At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration.
Each party shall bear its own costs of presenting its position to the arbitrator(s) unless the arbitrator(s) make another determination in respect of the costs.
WARRANTY AND LIMITATION OF LIABILITY
In relation to any Goods which are the subject of a manufacturer’s warranty, Client agrees to comply with the terms of the manufacturer’s warranty in the event there is a defect in the Goods.
To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in this agreement are excluded. If the Plumber is liable for a breach of an imposed term, guarantee, warranty, representation or condition or warranty, the Plumber’s liability is, at Plumber’s option, limited to:
- the replacement of the Goods or the supply of equivalent goods or the supply of the Services again;
- the repair of the Goods;
- the payment of the cost of replacing the Goods or acquiring equivalent goods; or
- the payment of the cost of having the Goods repaired or resupplying the Services.
To the extent permitted by law the Plumber will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity and loss of data arising out of or in connection with the Goods or Services, including as a result of the late or non supply of Goods, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Where the Plumber has designed or drawn Goods for the Client, the copyright in those designs & drawings shall remain vested with the Plumber and shall only be used by the Client at the written discretion & with written consent to do so.
Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Plumber agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Plumber has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Contract and will survive indefinitely upon termination of this Contract.
All written and oral information and material disclosed or provided by the Client to the Plumber under this Contract is Confidential Information regardless of whether it was provided before or after the date of this Contract or how it was provided to the Plumber.
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
MODIFICATION OF CONTRACT
Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
TIME OF THE ESSENCE
Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
The Plumber will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Contract without the prior written consent of the Client.
It is agreed that there is no representation, warranty, collateral Contract or condition affecting this Contract except as expressly provided in this Contract.
This Contract will endure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
It is the intention of the Parties to this Contract that this Contract and the performance under this Contract, and all suits and special proceedings under this Contract, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New South Wales, without regard to the jurisdiction in which any action or special proceeding may be instituted.
If any words or provisions in this contract are unenforceable, the remainder of this contract shall remain effective.
The Plumber reserves that the right to review and makes changes to the term and conditions from time to time.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
ACCEPTANCE OF THIS AGREEMENT
The Client accepts the terms and conditions of this Contract on payment of the Invoice or performance of the Services, whichever occurs first.