OUR TERMS OF SERVICE
Any and all works carried out by M Thacker
& Co Pty Ltd trading as MT Plumbing either quoted or otherwise shall be
subject to these Terms and Conditions in full. It is the sole
responsibility of the client to read the Terms and the Conditions carefully and
pursue legal advice if required prior to engaging MT Plumbing
Definitions
1. “Plumber” means
MT Plumbing, contractors or employees hereof.
2. “Client” shall mean
the client, any person acting on behalf of & with the authority of the
client, or any person purchasing products & services from MT Plumbing.
Where the Client is a corporation or partnership, its directors or
partners agree to be bound by this contract jointly and severally.
3.”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
4. 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.
5. 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.
6. 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.
7. 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 Client as the
result of such cancellation.
Contract Price and Payment
8. The Client shall pay the Plumber
the Contract Price and any variation in accordance with these terms and
conditions.
9. The Price is payable in full
without any deduction at the completion of the works unless otherwise agreed in
writing with the Plumber.
10. 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.
11. If any account remains unpaid
at the end of the second month after supply of the Goods or Services an
immediate amount of $20.00 or 10.00% whichever greater shall be levied for
administration fees which sum shall become immediately due and payable.
12. Client agrees to pay
Plumber any expenses (including legal costs) incurred in collecting any
outstanding debts due by Client to Plumber.
Site Issues
13. 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.
14. 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.
15. 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 pipework.
16. 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.
17. 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.
18. 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
19. All Goods and Services are
subject to Goods and Services Tax (GST).
Plumber’s Obligations
20. 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.
21. The Plumber shall perform work
in a professional manner as per Australian Standards.
22. The Plumber shall perform work
in accordance with OH&S requirements.
23. Whilst all due care will be taken, in
the event that surrounding fixtures/surfaces or fittings are damaged during the
course of installation or services being provided, the Client will be responsible
for costs relating to replacement and/or rectification.
24. The Plumber shall handle any
fixtures, fittings, materials and/or equipment provided by the Client with
reasonable care.
25. 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.
26. 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.
27. The plumber may subcontract all
or any of its obligations or rights without Client’s consent.
Client’s Obligations
28. 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.
Supply of Materials
29. 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.
30. 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
31. 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.
Insurance
32. 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
Dispute Resolution
33. 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 Five (5) days after service. The parties shall confer at
least once, to attempt to resolve the dispute.
34. 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 at the cost of the
client unless the arbitrator(s) make another determination in respect of the
costs.
Warranty and Limitation of Liability
35. 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.
36. 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:
(a). the replacement of the Goods
or the supply of equivalent goods or the supply of the Services again;
(b). the repair of the Goods;
(c). the payment of the cost of replacing the Goods or acquiring equivalent
goods; or
(d). the payment of the cost of having the Goods repaired or resupplying the
Services.
37. 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.
38. For Goods not manufactured by
the Plumber, the warranty shall be the current warranty provided by the
manufacturer of the Goods. The Plumber shall not be bound by nor responsible
for any term, condition, representation or warranty given by the manufacturer
of the Goods.
General provisions
39. The Plumber reserves that the
right to review and makes changes to the term and conditions from time to time.
40. If any provision of these terms
and conditions shall be invalid, void, illegal or unenforceable the validity,
existence, legality and enforceability of the remaining provisions shall not be
affected, prejudiced or impaired.
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CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
