1.1 Your Local Plumbing & Drainage Pty Ltd shall mean Your Local Plumbing & Drainage Pty or any employees hereof.
1.2 “Client” shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from Your Local Plumbing & Drainage Pty.
2.1 The client agrees to make progress payments as requested. Failure to do so will cancel all further works until such time progress payments are paid, the client agrees to pay the full invoice amount of the completion of works.
2.2 Credit card & cash payments accepted only. I give permission to Your Local Plumbing & Drainage Pty to carry out transactions over the phone using my credit card details for the value of the invoice amount or as per payment arrangement i.e. deposit or progress payments.
2.3 Any payment, which falls overdue, shall incur a late fee of 5% daily until paid in full.
2.4 All quoted works are subject to variations as required & are at the discretion of Your Local Plumbing & Drainage Pty in order to carry out & complete works to Australian & safety standards. All variations will incur further fees & charges in addition to the original quoted amount.
2.5 Your Local Plumbing & Drainage Pty fees & charges are subject to change without notification to the client.
2.6 Addition fees & charges shall apply outside of normal business hours of 0600 to 1700 Monday to Friday.
2.7 I agree that all invoices shall be provided in categories of labour, material & GST only. Itemised accounts will not be issued
3.1 All goods shall remain the property of Notorious Plumbing Services until such time payment is received in full.
4.1 Your Local Plumbing & Drainage Pty may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours written advice. Your Local Plumbing & Drainage Pty shall not be liable for any loss of damage what so ever arising from such cancellation.
4.2 The client must provide Your Local Plumbing & Drainage Pty with at least 3 working days’ notice in writing of any cancelation of works. Failure to do so will incur 30% payment of the original quoted / Invoice amount payable by the client.
4.3 Placing a deposit with Your Local Plumbing & Drainage Pty secured & confirms your job. Where a deposit has been paid to Your Local Plumbing & Drainage Pty deposits are non-refundable.
5.1 Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on exact location & works as carried out by Your Local Plumbing & Drainage Pty. Client must provide original invoice for proof of works.All goods shall remain the property of Notorious Plumbing Services until such time payment is received in full.
5.2 All valve & valve type parts as well as any specified Your Local Plumbing & Drainage Pty must service items installed by Your Local Plumbing & Drainage Pty annually. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
5.3 The client shall inspect the good & works on completion & must report any defects to parts or installation works within 48 hours in writing to Your Local Plumbing & Drainage Pty of any alleged defects, shortage in quantity or damage. The client shall afford Your Local Plumbing & Drainage Pty an opportunity to inspect the alleged damage / defect within 7 working days from date of written notification & give Your Local Plumbing & Drainage Pty the opportunity to make good to Australian & reasonable standards within 14 working days.
5.4 No warranty shall be provided on blocked sewer, drainage or storm water as set out a clause 10.1
6.0 Itellectural Property
6.1 Where Your Local Plumbing & Drainage Pty have designed or drawn goods for the client, then the copyright in those designs & drawings shall remain vested in Your Local Plumbing & Drainage Pty & shall only be used by the client at Your Local Plumbing & Drainage Pty discretion & with written consent to do so.
7.0 Clients Disclaimer
7.1 The client hereby disclaims any right to resend, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of Your Local Plumbing & Drainage Pty & the client acknowledges that he/her buys the services of Your Local Plumbing & Drainage Pty relying solely upon his/her own skill & judgment & that Your Local Plumbing & Drainage Pty shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the manufacturer which warranty shall be personal to the client & shall not be transferable to any subsequent client.
8.0 Underground Services
8.1 The client will indemnify Your Local Plumbing & Drainage Pty & keep Your Local Plumbing & Drainage Pty indemnified, loss, claim or proceedings of any kind (whether arising under statue or common law) arising from services which are buried or unseen being disturbed or damaged. Your Local Plumbing & Drainage Pty will not be liable for any repair work & any repair work required will be paid at the client’s expense. Such liability, loss, claims or proceedings includes but is not limited to a) Damage to the property, real or personal; b) Death or personal injury; & c) Consequential or economic loss of any kind.
9.0 Rock & Filled Ground
9.1 I unless specifically included in written quotes &/or estimates, rock excavation, dewatering or supportive work such as pier & beams for filled or made up ground will be charged out as a variation to the original price. Quotation is based on excavation of clean soils only, unless otherwise specifically stated in writing.
9.2 Existing soils shall be returned to excavated areas where possible & ground shall be left filled. Landscaping and concrete works are not included in quotation unless specified be in writing. All concrete, paving and landscape works included shrub / plant & lawn replacement will be treated as a variation as set out in 2.5 of this document.
10.0 Drains and Sewers
10.1 The client understands that the presents of plant/tree root growth and/ or blockages generally indicates damaged pipes. Additionally, the client agrees that blocked drains, sewer pipes and storm water lines cannot be permanently fixed by simply removing “plant/tree root growth” or cleaning the drains. Therefore, no warranty is provided to future blockages. Regardless of time frame reoccurring whether in the same location or other drainage/ sewer lines within the same property.
10.2 The client acknowledges that close circuit television (CCTV) is a specialist piece of equipment that may or may not be used at Your Local Plumbing & Drainage Pty sole discretion in an attempt to identify the source of the blocked drain. Should CCTV equipment be used the client acknowledges that additional charges will be imposed.
11.0 Dispute Resolution
11.1 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.
11.2 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.
11.3 Any arbitration shall be:
(a) Referred to The Consumer Trader & Tenancy Tribunal (CTTT)
12.0 Compliance With Laws?
12.1 The client and the contractor shall comply with the provisions of all statutes, regulations & bylaws of the government, local & other public authorities that may by applicable to the works.
12.2 The client shall obtain (at the expense of the client) all licenses & approvals that may be required for the work (council or other governing agents).
12.3 The client agrees that the site will comply with any occupational health & safety laws relating to building/construction sites & any other relevant safety standards or legislations.
13.1 The client agrees to Your Local Plumbing & Drainage Pty Ltd using their personal information for marketing purposes & gives Your Local Plumbing & Drainage Pty Ltd permission to send out future advertising material.
13.2 Neither party shall be liable to any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
13.3 Your Local Plumbing & Drainage Pty Ltd does not accept any responsibility for damage to property during works being carried out.
13.4 Your Local Plumbing & Drainage Pty Ltd shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour hire, machinery or materials outside the direct control of Your Local Plumbing & Drainage Pty.
13.5 In the event of any breach of this contract by Your Local Plumbing & Drainage Pty the remedies of the client shall be limited to damages. Under no circumstances shall the liability of Your Local Plumbing & Drainage Pty. Ltd exceed the price of the Gods.
13.6 Your Local Plumbing & Drainage Pty Ltd reserves the right to review & make changes to these terms & conditions at any time.
14.0 Call Outs
14.1 $0 call out fee only applies to bookings made during business hours between 7am – 4pm Monday – Friday Excluding public holidays.
YOUR LOCAL PLUMBING & DRAINAGE PTY LTD contact pricing remains valid for thirty (30) days and then may be subject to variation by the contractor. Any variation to the above quantaties or the requested services may result in a variation to the price.
I accept this contact and certify that the above information is true and correct. I have read and understood the TEARMS AND CONDITIONS OF TRADE (Overleaf attached) of Your Local Plumbing & Drainage Pty which for part of and are intended to be read in conjunction with this small job contract and agreed to be bound by these conditions.