1. Interpretation
1.1 In these terms and conditions:
a) “Company” means the entity stated in the Application for Credit and any related body corporate as defined in the Corporations Act 2001 (Cth) and its successors and assigns.
b) “Customer” means the entity stated in the Application, its successors and assigns.
c) “Goods” means goods (as that term is defined under the PPSA) supplied to the Customer (and where the context so permits includes Services).
d) “Governing State” means the State or Territory where the Company has its principal place of business.
e) “PPSA” means the Personal Property Securities Act 2009 (Cth).
f) “ROT security interest” means a retention of title security interest under a “conditional contract” as defined under the PPSA.
g) “Services” means all services supplied to the Customer and includes any advice or recommendations, intellectual or intangible property under the PPSA (and where the context so permits includes any supply of Goods).
2. Delivery and Risk
2.1 Should the Company elect to post any Goods or organise delivery of Goods, the Customer’s risk of loss or damage to such Goods passes to the Customer on the date and at the time that the Goods were ordered, and it is the Customer’s responsibility to ensure these Goods are insured and covered for their time in transit.
2.2 The Company will not be responsible for non-delivery or delay in delivery of any Goods and where such non-delivery or delay occurs, the Company may deliver the Goods not delivered or delayed at any subsequent time, and the Customer must accept and pay for them.
2.3 The Customer is not entitled to any compensation from the Company of any nature for any loss, damage, or delay.
2.4 Except to the extent required by law, the Customer will not be entitled to return any Goods, and the Company will not be obliged to accept the return of any Goods whatsoever.
3. Title
3.1 Until all monies and obligations owing by the Customer to the Company have been paid and discharged in full, the Company shall retain all legal and beneficial title in all Goods.
3.2 If Goods to which legal title has not passed to the Customer are in the possession of the Customer, the Customer is under an obligation to:
a) Retain them in a good and merchantable condition until they are either paid for or collected by the Company; and
b) Allow the Company, its servants, or agents onto the premises where they are stored for the purpose of inspecting and collecting the Goods.
3.3 In relation to Goods for which payment in full has not been received:
a) The relationship between the Customer and the Company shall be fiduciary;
b) The Customer will hold those Goods as bailee for the Company;
c) Where the Customer sells those Goods, the Customer does so as fiduciary agent of the Company;
d) Where the Goods are disposed of, the monies resulting from the disposal and all other proceeds received in respect of the Goods, including insurance proceeds, will be kept separately in trust for the Company;
e) Where the Goods are disposed of, the Customer may only dispose of the Goods in the ordinary course of its business on commercially reasonable terms;
f) The Customer undertakes that until it delivers the Goods to a third party, it will store the Goods on its premises separately from its own Goods, or those of any other person, and in a manner which makes the Goods readily identifiable as the Company’s Goods.
4. Access
4.1 The Customer irrevocably permits the Company or any person authorised by the Company in writing, upon giving reasonable notice, to enter the Customer’s premises or premises where the Goods are reasonably believed by the Company to be held on the Customer’s behalf for the purpose of examining or recovering the Goods.
4.2 The Customer agrees to indemnify and hold the Company harmless for reasonable costs of removal, enforcement, and legal action in respect of the removal of any Goods subject to this Agreement.
5. Errors and Omissions
5.1 Errors: The Customer acknowledges that the Company may from time to time make errors or omissions in pricing, descriptions, or other details within the documents provided (including Quotes and invoices). The Company reserves the right to correct these errors or omissions at any time without liability, and the corrected version shall supersede any earlier incorrect versions.
5.2 Notification: In the event that an error or omission affects the Customer’s Goods or Services, the Company will notify the Customer of the updated terms. The Customer is required to agree to these corrected terms for the transaction to proceed.
6. Amendments to Scope of Work
6.1 Scope Adjustments: Any amendments or additions to the initial scope of work requested by the Customer must be formally approved by the Company. If agreed, the Company will issue a new or amended Quote reflecting any additional costs or changes in timeline.
6.2 Unforeseen Conditions: Should unforeseen conditions be discovered during the provision of Services (such as hidden obstacles or safety risks), the Company may adjust the scope and associated costs, with any increases to be agreed upon in writing by the Customer.
6.3 Blockages in Main Water Corporation Lines: If the Company’s work is completed and it is determined that the underlying issue, such as a blockage, exists within the main water corporation’s line or public infrastructure, the Customer agrees to pay for all services rendered by the Company. The Company’s service is considered complete, and any subsequent action or claim related to the main water line is the Customer’s responsibility to handle with the water corporation. The Company is not liable for issues beyond the property line or within the public infrastructure.
7. Customer-Supplied Goods
7.1 Responsibility for Customer-Supplied Goods: Where the Customer provides any materials or goods to be used in the Services, the Company takes no responsibility for the suitability, quality, or condition of such goods. Any defects, unsuitability, or failure related to these materials will be the Customer’s responsibility.
7.2 Additional Fees for Corrective Work: If the Customer-supplied goods require corrective work or additional labour to rectify defects or compatibility issues, the Customer will be liable for these additional charges.
8. Underground Services and Site Hazards
8.1 Identification of Hazards: The Customer is responsible for identifying and clearly marking the location of all underground or hidden services and hazards (e.g., gas lines, water pipes, electrical cables) at the worksite before Services commence.
8.2 Liability for Damage to Unmarked Hazards: The Company is not liable for damages to any unmarked hazards. If damage occurs due to unmarked hazards, the Customer will be solely responsible for repair costs and any associated liability.
9. Access and Site Preparation
9.1 Site Readiness: The Customer must ensure that the worksite is safe, free from hazards, and has clear and safe access for the Company’s personnel and subcontractors.
9.2 Delays Due to Lack of Access or Unsafe Conditions: If access to the site is obstructed or if unsafe conditions are found, the Company reserves the right to charge for lost time or costs incurred. The Company may delay the provision of Services until these issues are resolved to its satisfaction.
10. Compliance with Laws and Standards
10.1 Regulatory Compliance: The Customer is responsible for ensuring that any existing plumbing, electrical, gas fitting, or other systems at the site comply with applicable standards and regulations.
10.2 Right to Halt Services for Non-Compliance: If the site or systems are found to be non-compliant, the Company reserves the right to halt work until these issues are rectified. Additional costs for adjustments necessary to bring the site into compliance will be borne by the Customer.
11. Inspection and Acceptance of Goods and Services
11.1 Inspection Period: The Customer has 7 days from delivery of Goods or completion of Services to inspect and report any defects or issues in writing to the Company.
11.2 Acceptance: If no issues are reported within the inspection period, the Goods and Services will be deemed accepted by the Customer, and any future claims regarding defects or faults may be void.
12. Warranties and Limitations on Repairs
12.1 Labour Warranty: The Company offers a warranty on labour for Services as specified in the Quote or Warranty Agreement, excluding any issues caused by improper maintenance, usage, or alterations made by the Customer or third parties.
12.2 Manufacturer Warranty on Goods: Goods supplied by third-party manufacturers may be covered under the manufacturer’s warranty. The Customer is responsible for contacting the manufacturer directly for any warranty claims, as the Company does not assume liability for such warranties.
12.3 Warranty Exclusions: Warranty claims will not be honoured if defects or damages are due to the Customer’s negligence, failure to maintain Goods properly, or unauthorised modifications.
13. Cancellations
13.1 Application: All bookings made by the Customer for Goods or Services are subject to the Company’s Bookings Terms and Conditions. By placing a booking, the Customer agrees to be bound by these terms.
13.2 Cancellations and Amendments: Bookings are subject to specific cancellation and amendment policies, which may include fees or charges for changes or cancellations made outside the specified notice period.
13.3 Cancellation with Less Than 24 Hours’ Notice: A $270 + GST cancellation fee will apply if you cancel with less than 24 hours’ notice. By confirming your booking, you agree to this fee, which covers costs related to preparation and travel. This fee is enforceable and may be pursued legally if necessary.
13.4 Restocking Fee for Quoted Works: For accepted quotes valued over $3,000, the Company may apply a restocking fee of 10% if the job is cancelled or significantly altered. This fee covers costs associated with materials specifically ordered for the job, which may not be returnable or reusable due to quantity, expiry, or customisation. The restocking fee is legally enforceable if unpaid and must be settled before any additional work can be scheduled.
13.5 Access to Full Terms: The Bookings Terms and Conditions are available on the website at https://www.plumbedright.com.au/booking-terms-and-conditions. It is the Customer’s responsibility to review these terms prior to confirming a booking.
13.6 Incorporation by Reference: The Bookings Terms and Conditions are hereby incorporated into this Agreement by reference, and any breach of the Bookings Terms and Conditions shall be considered a breach of this Agreement.
14. Transactions Contemplated by This Agreement
14.1 The Company’s tender of delivery of Goods and Services under this Agreement is a condition of the Customer’s duty to accept the Goods or Services provided and, unless otherwise agreed, the Customer’s duty to pay for them.
15. Disputes
15.1 Disputing Goods or Services: If the Customer disputes any Goods sold or Services supplied by the Company as faulty or defective or disputes the invoices the Company has issued, the Customer must notify their reasons in writing to the Company within 14 days of the invoice date. Failure to notify will result in the Customer losing any right to dispute the quality of the Goods, Services, or value.
16. Whole Agreement
16.1 These terms and conditions, together with the Application, embody the whole agreement between the parties, and all previous dealings, representations, and arrangements are hereby excluded and cancelled.
17. Payment
17.1 Payment Terms: The Customer agrees to pay all amounts due in clear funds from the date of invoice for the Goods and/or Services provided by the Company. Payment can only be made via credit card through the Company’s online payment portal , and the Customer agrees to pay any applicable credit card or processing fees on top of the invoiced amount. These fees are as follows: 1.49% for standard cards, or 3.7% + $0.30 for American Express and international cards.
17.2 Failure to Pay: If the Customer fails to pay in accordance with this clause, the Company may:
a) Charge a late payment fee of $50.00 on all amounts paid after the due date;
b) Charge interest on debts at 15% per annum;
c) Charge a dishonour handling fee in the amount of $25.00;
d) Withhold supply;
e) Sue for the money owing on the Goods or Services provided;
f) Take steps to secure monies owing and enforce such security;
g) Recover all collection and legal costs and expenses incurred in collecting overdue accounts and/or enforcing security interests on an indemnity basis.
17.3 Breach of Contract: Failure to comply with clause 17.1 will constitute a breach of contract, and the Company may treat the whole Agreement as repudiated and act accordingly.
17.4 Joint and Several Liability: If this agreement is entered into by more than one party, each party shall be jointly and severally liable for any amount due.
18. Default
18.1 The Customer will be in default if the Customer:
a) Fails to pay for any Goods or Services on the due date; or
b) Breaches this agreement and fails to rectify such breach within seven days’ notice; or
c) Cancels delivery of Goods or Services; or
d) Commits an act of bankruptcy or allows a trustee in bankruptcy or receiver and manager to be appointed to the Customer or any of its property; or
e) Allows a judgment or order to be enforced or become enforceable against the Customer’s property.
18.2 Upon default, the Company may:
a) Enter the Customer’s premises (doing all that is necessary to gain access) to repossess any or all of the Goods supplied under this contract;
b) Resell the Goods concerned;
c) Terminate the Agreement; and
d) Sue for any monies owing.
18.3 Credit Reporting: The Customer acknowledges and agrees that the Company is authorised to contact a credit reporting agency throughout the term of the Agreement to obtain a report about the creditworthiness of the Customer.
18.4 Delinquent Accounts: The Company reserves the right to report a Customer’s delinquent account to a credit reporting agency should payment remain outstanding for more than 30 days.
18.5 Debt Collection: Should an account be referred for debt collection, the Customer agrees to pay debt collection charges, calculated at not less than 20% plus GST, incurred on the day the Company refers the matter to its nominated debt collection agency.
19. Security Interest
19.1 The Customer consents to the registration of security interests arising in favour of the Company as a result of these conditions and the lodgement of a financing statement with the Personal Property Securities Register.
19.2 The Customer must do everything the Company considers necessary to:
a) Ensure that the security interests are registered, enforceable, and effective in accordance with the PPSA;
b) Enable the Company to apply for any registration or give any notification in connection with the security interests; and
c) Enable the Company to exercise rights in connection with the security interests in accordance with the PPSA.
20. Existing Agreements and Security Interests
20.1 Where the Customer has previously entered into an agreement with the Company for the supply of Goods on credit:
a) These terms shall apply to any subsequent supply of Goods unless expressly excluded in writing by the Company;
b) Any security interest granted by the Customer under an existing agreement shall immediately vest in the Company;
c) Any order made by the Customer will constitute further performance of these terms unless otherwise agreed in writing.
21. Creation of Charge
21.1 As further and alternative security for obligations owing to the Company, the Customer hereby grants a charge over all present and after-acquired property, including real property.
21.2 The Customer consents to the lodgement of a caveat or other registrable interest in respect of such a charge.
22. Contracting Out
22.1 The parties agree to contract out of certain provisions of the PPSA, including but not limited to sections 95, 96, 117, 118, 121(4), 130, 132(3)(d), 132(4), 142, and 143.
22.2 The Customer consents to the Company being an authorised representative for the purposes of section 275(9) of the PPSA.
23. Right to Vary Terms and Conditions
23.1 The Company may unilaterally alter these terms by giving 14 days’ written notice to the Customer. Clerical errors are subject to correction without notification.
24. Set-Off
24.1 The Customer agrees that:
a) The Company may set off any credit owed to the Customer against any debt due by the Customer to the Company;
b) The Customer is not entitled to withhold payment in respect of any alleged set-off or claim.
25. Limitation of Liability
25.1 Except to the extent required by law, the Company will not be responsible for any damage or defect in the Goods supplied, indirect losses, or special damages, including loss of profits.
25.2 The Customer acknowledges that they rely on their own skill and judgment in determining the suitability of the Goods for any purpose.
26. Severance and Waiver
26.1 If any provision of these terms is deemed invalid or unenforceable, the remaining provisions will not be affected.
27. Jurisdiction and Notices
27.1 This Agreement shall be interpreted in accordance with the laws of the Governing State, and the parties submit to the non-exclusive jurisdiction of its courts.
28. Dispute Resolution
28.1 Dispute Notification: Parties must notify disputes in writing and attempt to resolve through negotiation.
28.2 Mediation: If unresolved within 14 days, parties will mediate with a mutually agreed mediator.
28.3 Arbitration or Legal Action: If mediation fails, either party may pursue arbitration or litigation.
29. Privacy
29.1 The Company may use personal information in accordance with the Privacy Act 1988 (Cth) for credit reporting, enforcement, and related purposes.
29.2 Both parties agree to maintain confidentiality of disclosed information unless required by law.