Terms & Conditions

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Terms & Conditions

CAN Plumbing Services Pty Ltd Terms & Conditions:

1. Definitions

1.1 “Plumber” shall mean CAN Plumbing Services Pty Ltd and its successors and assigns.

1.2 “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client.

1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Client on a principal debtor basis.

1.4 “Goods” shall mean Goods supplied by the Plumber to the Client (and where the context so permits shall include any supply of Services as hereinafter defined).

1.5 “Services” shall mean all services supplied by the Plumber to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).

1.6 “Price” shall mean the cost of the Goods as agreed between the Plumber and the Client subject to clause 4 of this contract.

2. Acceptance

2.1 Any instructions received by the Plumber from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Plumber shall constitute acceptance of the terms and conditions contained herein.

2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Plumber. 2.4 None of the Plumber’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Plumber in writing nor is the Plumber bound by any such unauthorised statements.

2.5 The Client undertakes to give the Plumber not less than fourteen (14) days prior written notice of any proposed change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice).

 

 

3. Goods

 

3.1 The Goods are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Plumber to the Client.

4. Price And Payment

4.1 At the Plumber’s sole discretion the Price shall be either; (a) as indicated on invoices provided by the Plumber to the Client in respect of Goods supplied; or (b) the Plumber’s quoted Price (subject to clause 4.2) which shall be binding upon the Plumber provided that the Client shall accept in writing the Plumber’s quotation within thirty (30) days.

4.2 Any variation from the plan of scheduled works or specifications will be charged for on the basis of the Plumber’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

4.3 Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of the Goods.

4.4 At the Plumber’s sole discretion, payment for approved Clients shall be made by instalments in accordance with the Plumber’s delivery/payment schedule.

4.5 At the Plumber’s sole discretion, for certain approved Clients payment will be due seven (7) days following the date of the invoice.

4.6 Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Client and the Plumber.

4.7 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Plumber.

GOODS

5. The Plumber shall not be liable for any loss or damage of goods.(pc items)

6. Client’s Disclaimer

6.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Plumber and the Client acknowledges that he buys the Goods relying solely upon his own skill and judgement and that the Plumber 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 and shall not be transferable to any subsequent Clients.

 

7. Defects / Returns

7.1 The Client shall inspect the Goods on delivery and shall within three (3) months of delivery notify the Plumber of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Plumber an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.

8. Warranty For Goods not manufactured by the Plumber, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Plumber shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturers warranty.

9. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts

9.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

10. Default & Consequences Of Default

10.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement. 10.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify the Plumber from and against all the Plumber’s costs and disbursements including on a solicitor and own client basis and in addition all of the Plumber’s nominees costs of collection.

1203 Without prejudice to any other remedies the Plumber may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Plumber may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. The Plumber will not be liable to the Client for any loss or damage the Client suffers because the Plumber exercised its rights under this clause.

10.4 If any account remains unpaid at the end of the second month after supply of the Goods or Services an immediate amount of the greater of $20.00 or 10.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.

10.5 In the event that: a) any money payable to the Plumber becomes overdue, or in the Plumber’s opinion the Client will be unable to meet its payments as they fall due; or b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client, then without prejudice to the Plumber’s other remedies at law: d) the Plumber shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies; and e) all amounts owing to the Plumber shall, whether or not due for payment, immediately become payable in addition to the interest payable under clause 10.1 hereof.

11. Cancellation
The Plumber may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Plumber shall not be liable for any loss or damage whatever arising from such cancellation.  At the Plumbers sole discretion the Client may cancel delivery of Goods. In the event that the Client cancels delivery of Goods the Client shall be liable for any costs incurred by the Plumber up to the time of cancellation.

12. Privacy Act 1988

12.1 The Client and/or the Guarantor/s agree for the Plumber to obtain from a credit-reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Plumber.

12.2 The Client and/or the Guarantor/s agree that the Plumber may exchange information about Client and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes: (a) To assess an application by Client; (b) To notify other credit providers of a default by the Client; (c) To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and (d) To assess the credit worthiness of Client and/or Guarantor/s. 12.3 The Client consents to the Plumber being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

12.4 The Client agrees that Personal Data provided may be used and retained by the Plumber for the following purposes and for other purposes as shall be agreed between the Client and Plumber or required by law from time to time: (a) provision of Services & Goods; (b) marketing of Services and/or Goods by the Plumber, its agents or distributors in relation to the Services and Goods; (c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Services/Goods; (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and (e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services and Goods.

12.5 The Plumber may give, information about the Client to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about the Client; and/or (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

 

13. Unpaid Plumber’s Rights To Dispose Of Goods

13.1 In the event that: (a) the Plumber retains or regains possession or control of the Goods; and (b) payment of the Price is due to the Plumber; and (c) the Plumber has made demand in writing of the Client for payment of the Price in terms of this contract; and (d) the Plumber has not received the Price of the Goods, then, whether the property in the Goods has passed to the Client or has remained with the Plumber, the Plumber may dispose of the Goods and may claim from the Client the loss to the Plumber on such disposal.

14. Building and Construction Industry Security of Payments Act 1999

14.1 At the Plumbers sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.

14.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of Victoria, except to the extent permitted by the Act where applicable.

15. Rock and filled ground Unless specifically stated in writing, our quotes / estimates do not include rock excavation, dewatering or supportive work such as pier and beams for filled or made up ground.

16. Buried or unseen services

23.1 In the event that buried or unseen services are disturbed or damaged, the plumber will not be liable for any repair work and any repair work required be will be paid at the owner’s expense.