“Plumber” shall mean Charlie The Plumber Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Charlie The Plumber Pty Ltd
“Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorization or other form as provided by the Plumber to the Client.
“Guarantor” means that person (or persons) who agrees to be liable for the debts of the Client on a principal debtor basis.
Any instructions received by the Plumber from the Client for the supply of Materials and/or the Client’s acceptance of Materials supplied by the Plumber shall constitute acceptance of the terms and conditions contained herein.
Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of the Plumber.
Access & Damages
The Client shall ensure that the Plumber has clear and free access to the site at all times to enable them to undertake the Works. The Plumber shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the Plumber.
Whilst the Plumber will take all care to avoid damage to any underground Works the Client agrees to indemnify the Plumber in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to Works located underground, in walls, floors or any other concealed location
The Client acknowledges and agrees that the presence of plant/tree root growth and/or blockages generally indicates damaged pipes. Accordingly, the Client agrees that these pipes cannot be fixed by simply removing plant/tree root growth or cleaning the drain, therefore no warranty is provided against this situation arising again in the future.
The Plumber and the Client agree that ownership of the Materials shall not pass until:
(a) the Client has paid the Plumber all amounts owing for the particular Materials; and
(b) the Client has met all other obligations due by the Client to the Plumber in respect of all contracts between the Plumber and the Client.
It is further agreed that:
(a) until such time as ownership of the Materials shall pass from the Plumber to the Client the Plumber may give notice in writing to the Client to return the Materials or any of them to the Plumber. Upon such notice the rights of the Client to obtain ownership or any other interest in the Materials shall cease; and
(b) the Plumber shall have the right of stopping the Materials in transit whether or not delivery has been made; and
(c) if the Client fails to return the Materials to the Plumber then the Plumber or the Plumber’s agent
may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Materials are situated and take possession of the Materials; and
(d) the Client is only a bailee of the Materials and until such time as the Plumber has received payment in full for the Materials then the Client shall hold any proceeds from the sale or disposal of the Materials, up to and including the amount the Client owes to the Plumber for the Materials, on trust for the Plumber; and
(e) until such time that ownership in the Materials passes to the Client, if the Materials are converted into other products, the parties agree that the Plumber will be the owner of the end products.
Price & Payment
Charlie the Plumber provides plumbing related services on a “time and materials” basis. An hourly rate will apply at the prevailing rate, billed in increments of 15 minutes, (with a minimum standard charge which includes 30 minutes on site).
Standard business hours are 7:30am – 4:00pm Mon – Fri (excluding public holidays).
After Hours charges will apply to work carried out outside of standard business hours.
All sales of labour and materials are strictly on a C.O.D. basis, unless prior arrangements have been made.
GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
Charlie the Plumber accepts cash, cheque, Visa or Mastercard. A 1.5% surcharge applies to all credit card payments.
The Plumber reserves the right to change the Price in the event of a variation to the Plumber’s quotation. Any variation from the plan of scheduled Works or specifications (including, but not limited to, any variation as a result of additional works required due to unforeseen circumstances such as poor weather conditions, limitations to accessing the site, hard rock barriers below the surface or iron reinforcing rods in concrete, hidden pipes in walls, safety considerations, prerequisite work by any third party not being completed or as a result of any increase to the Plumber’s in the cost of materials and labour), then the Plumber’s reserves the right to halt all Works until such time as the Plumber’s and the Client agreed to changes to the plans and/or specifications as outlined in the quotation to incorporate such variances. The changes will then become a variation and will be detailed in writing and charged on the basis of the Plumber’s quotation and will be shown as a variation on the invoice. Payment for all variations must be made in full at their time of completion.
The Client shall inspect the Works on completion (or Materials on delivery) and shall within seven (7) days of delivery (time being of the essence) 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 Works (Materials) within a reasonable time following delivery if the Client believes the Works (Materials) are defective in any way. If the Client shall fail to comply with these provisions the Works (Materials) shall be presumed to be free from any defect or damage. For defective Works (Materials), which the Plumber has agreed in writing that the Client is entitled to reject, the Plumber’s liability is limited to either (at the Plumber’s discretion) replacing the Works (Materials) or repairing the Works (Materials) except where the Client has acquired Works (Materials) as a consumer.
Subject to the conditions of warranty set out below the Plumber warrants that if any defect in any workmanship of the Plumber becomes apparent and is reported to the Plumber within twelve (12) months of the date of delivery (time being of the essence) then the Plumber will either (at the Plumber’s sole discretion) replace or remedy the workmanship.
The conditions applicable to the warranty given above are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Client to properly maintain any Materials; or
(ii) failure on the part of the Client to follow any instructions or guidelines provided by the Plumber; or
(iii) any use of Materials otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Materials after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and the Plumber shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Plumber’s consent.
(c) in respect of all claims the Plumber shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
For Materials not manufactured by the Plumber, the warranty shall be the current warranty provided by the manufacturer of the Materials. The Plumber shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Materials.
In the event that water hammer noises occurs after the completion of the Works, that is not related to the new plumbing as part of the installation, then the Plumber shall not be held liable for any loss, damages, or costs, however resulting from rectification of such noises.
Default and Consequences of Default
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Plumber’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by the Plumber.
If the Client defaults in payment of any invoice when due, the Client shall indemnify the Plumber from and against all costs and disbursements incurred by the Plumber in pursuing the debt including legal costs on a solicitor and own client basis and the Plumber’s collection agency costs.
If any account remains overdue after thirty (30) days then an amount of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (whichever greater) (up to a maximum of four hundred dollars ($400.00)) shall be levied for administration fees, which sum shall become immediately due and payable.
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.
In the event of any breach of this contract by the Plumber the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Materials.
The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Plumber nor to withhold payment of any invoice because part of that invoice is in dispute.
The Plumber may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The failure by the Plumber to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Plumber’s right to subsequently enforce that provision.