Heritage Plumbing Group Pty Ltd
By instructing company to supply goods & services, the client acknowledges reading & agreeing to be bound by the terms of this agreement
1. INTERPRETATION / DEFINITIONS
- 1.1 “Company” means Heritage Plumbing Group Pty Ltd trading as Heritage Plumbing Group (ABN: 63 150 840 225)
- 1.2 “Heritage Plumbing Group Pty Ltd” shall mean Heritage Plumbing Group Pty Ltd, or any agents, contractors and employees hereof.
- 1.3 “Client” means the client as per the front of the invoice or their authorised representative.
- 1.4 “Customer” means the Customer of Services to be supplied by the Company as detailed in the Authorisation.
- 1.5 “Agreement” means an agreement between the Company and Customer for the provision of Services. An Agreement will come into existence on the date the Customer signs or approves the Authorisation in writing or verbally in accordance with these Terms and Conditions.
- 1.6 “Website” means the company website (www.heritageplumbinggroup.com.au).
- 1.7 “Price” means the Quotation Price as previously discussed with the client or the total tax invoice amount accrued by the labour and materials used. These can be adjusted by the Company in accordance with these Terms & conditions as necessary.
- 1.8 “Request for Services” means a request for services submitted by the Customer to the Company which details the scope of works needed.
- 1.9 “Goods & Services” means the goods and services to be supplied by the Company to the Customer in accordance with the Authorisation.
- 1.10 “Site” means the location of works to be undertaken.
- 1.11 “Subject to Change” means the Terms & Conditions are subject to change without notice.
- 1.12 “Acceptance of Terms” means accepting relevant Terms & Conditions stated herewith.
- 1.13 “Signing” Signing the Quotation or Invoice is a legal document and your acceptance of Heritage Plumbing Group Terms & Conditions.
- 2.1 The Customer must provide sufficient information when submitting a Request for Services to enable the Company to provide an accurate Authorisation and Quotation Price. Any deficiency in the Services caused by inadequate or inaccurate information provided in a Request for Goods & Services will be the Customer’s responsibility.
- 2.2 The Company will not be liable for any loss or damage caused as a result of the Customer’s inadequate or inaccurate information, subject to the Company’s negligence or breach of these Terms & Conditions.
3. THE CUSTOMER
- 3.1 The Customer will ensure that the Company has clear and adequate uninterrupted access to the site at which the Services will be performed, for the duration of the Services. The company will not be liable for any loss or damage suffered by the client or its property as a result of clear and adequate access not being provided.
- 3.2 The Customer acknowledges and agrees that any building or construction sites on which the Services are performed will comply with all applicable occupational health and safety laws relating to building and construction sites and any other relevant safety standards or legislation.
- 3.3 The Company is not responsible for the removal of rubbish or cleanup of the site at which the Services are performed unless agreed upon with the customer.
- 3.4 If the Customer is to provide goods or services for which the Services are required, then the Customer must have the site ready and goods available at least 24 hours before the time at which the Company is required to perform the relevant Services.
4. PAYMENTS & SUPPLY OF GOODS AND SERVICES
- 4.1 Heritage Plumbing Group fees & charges are subject to change without notification to the client.
- 4.2 Goods and services will be supplied to Client’s address on the quotation unless otherwise notified to company by client.
- 4.3 Price is payable in full without any deduction when the goods & services are supplied, unless otherwise agreed in writing with the company. All goods shall remain the property of Heritage Plumbing Group until payment is received in full.
- 4.4 Client agrees to pay the full invoice amount upon completion of works. Failure to make any payment upon completion of works on site shall be deemed a material breach of the contract.
- 4.5 In the event of non-payment Heritage Plumbing Group may at its sole discretion, terminate work under this agreement. In the event of such termination for non-payment, Heritage Plumbing Group shall be entitled to all of its expenses incurred, including labour, and materials, as well as its overheads, and all profits it would have obtained had this Agreement been fully performed. Heritage Plumbing Group shall also be entitled to any, and all other remedies allowed by law. Client agrees to pay company all expenses (including legal costs and mercantile agent fees and commissions) incurred in collecting any outstanding debts due by client to company.
- 4.6 No deductions shall be made from any invoice/payment which is received from Heritage Plumbing Group for any reason/s, including but not limited to liquidated damages, penalties, or back charges assessed by client or third parties.
- 4.7 Payment must be made by one of the company’s accepted payment methods at the time payment of the price is due. If payment is not by cash, then payment will not be deemed to have occurred until the full price has been cleared and is available for the company’s use.
- 4.8 Any payments which fall past the works completion date are overdue and shall incur a late fee of 10% monthly until paid in full or unless notified. An administrative fee equal to an amount of 5% of the amount invoiced by Heritage Plumbing Group to the client will be added every consecutive 2 months. If the invoice has not passed 2 months this will not be charged. NOTE: Monthly interest fees are compounded daily.
- 4.9 Labour costs will be rounded up in 15 minute intervals. E.g. 10:05 am will be rounded up to 10:15 am.
- 4.10 Company’s quotation is based on a visual inspection of site, but the actual extent or nature of the goods and services may not become apparent until work commences. Company reserves the right to vary the quotation once the supply of goods and services is commenced.
- 4.11 All quoted works are subject to variations as required and are at the discretion of Heritage Plumbing Group, in order to carry out & complete works to Australian & Safety Standards (including Victorian Building Authority regulations).
- 4.12 Unless previously withdrawn, a quotation issued by the company is open for acceptance for 14 days. Company reserves the right to refuse any request for services by the client within 7 days of the request being made.
- 4.13 Once a request for services has been accepted by the company, client cannot cancel it without the express consent of the company. Where company has already ordered materials from a third party, cancellation will only be possible if client accepts costs of materials incurred by company prior to works commencing.
- 4.14 Company may, at any time after acceptance of a request for services, cancel the supply of goods and services or any part of them and company will not be liable for any loss or damage suffered by client as the result of such cancellation.
- 4.15 If there is any change, variation in the goods and services, the subject of the request for service / scope of works or any extra work carried out by company, these will be charged by company at company’s standard rates and will be shown as variations in company’s tax invoice.
- 4.16 Additional fees & charges shall apply when goods and services are outside of normal business hours 7:00 am to 4:00 pm Monday to Friday.
- 4.17 The client accepts that all invoices shall NOT be itemized..
5. REFUND POLICY
- 5.1 Company does not have to provide a refund if client changes mind about a particular purchase. If the goods are faulty, the company will meet their obligations under the applicable laws.
- 6.1 Warranty shall be valid for 6 months on materials (unless otherwise stated) from invoice date.
- 6.2 Warranty shall only be valid on exact location & works as carried out by Heritage Plumbing Group. Client must provide original invoice for proof of works.
- 6.3 All valve & valve type parts as well as any specified items installed by Heritage Plumbing Group must be serviced every 6 months by Heritage Plumbing Group. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
- 6.4 The Client shall inspect the goods & works on completion & must report any defects to parts or installation works within 48 hours in writing to Heritage Plumbing Group of any alleged defects, shortage in quantity or damage. The client shall give Heritage Plumbing Group an opportunity to inspect the alleged damage/defect within 4 working days from date of written notification & give Heritage Plumbing Group the opportunity to make good to Australian & reasonable standards within 14 working days.
- 6.5 No warranty shall be provided on blocked sewer, drainage or stormwater.
- 6.6 Certificate of compliances will be granted at an additional cost of $150 + GST.
7. CLIENTS DISCLAIMER
- 7.1 The client hereby disclaims any right to withdraw, 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 Heritage Plumbing Group.
- 7.2 The Client acknowledges that he/she buys the goods or services of Heritage Plumbing Group relying solely upon his/her own skill & judgment & that Heritage Plumbing Group shall not be bound by, nor responsible for any other terms and conditions, 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.
- 8.1 The Client will indemnify & keep Heritage Plumbing Group and its directors, agents and employees indemnified against all actions, losses, liabilities, costs and expenses (including reasonable legal costs or expenses), claim or proceedings of any kind which may arise from services which are buried, unseen, disturbed and or damaged or be brought against or suffered or incurred by any of them, arising directly or indirectly out of or in relation to damage to the premises (real or personal), the work site or any property of company left at the client’s premises or in respect of injury to any person at client’s premises or as the result of a breach of this agreement by client. Heritage Plumbing Group will not be liable for any repair work. Any repair work required will be paid at the Clients expense.
9. EXISTING PLUMBING
- 9.1 No warranty is provided for any existing plumbing fixtures, pipes, or systems. Furthermore, client understands that connections to existing plumbing are sometimes impossible due to the rotted conditions of the existing pipes of their location, and client agrees to pay any extras necessary to remedy the situation. Client hereby acknowledges that aged and deteriorated plumbing fixtures, piping, and appurtenances may no longer be serviceable. Client hereby agrees to hold Heritage Plumbing Group harmless from and defend Heritage Plumbing Group against any and all claims of liability for damages to those items or otherwise resulting from conventional repair efforts.
10. ROCK & FILLED GROUND EXCLUSIONS
- 10.1 Unless specifically included in written quotes &/or estimates, rock excavation, shale excavation, trench shoring, tree or root removal, dewatering or supportive work such as pier & beams for filled or made up ground will be charged out as a variation of the original price. The quotation is based on the excavation of clean soils only, unless otherwise specifically stated in writing.
- 10.2 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 in writing. All concrete, paving and landscape works including shrub/plant & lawn replacement will be treated as a variation as set out in this document.
11. DRAINS & SEWER
- 11.1 The Client understands that the presence of plant/tree root growth &/or blockages generally indicates damaged pipes. Additionally, the Client agrees that blocked drains, sewer pipes & storm water lines cannot be permanently fixed by simply removing “plant/tree root growth” or cleaning the drain. Therefore, no warranty is provided in relation to future blockages regardless of timeframe reoccurring whether in the same location or other drainage/sewer lines within the same property.
- 11.2 The Client acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at Heritage Plumbing Group 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. Should any of Heritage Plumbing Group equipment become lodged or damaged in the customers drain it will be removed & / or repaired at the Clients expense (includes materials, parts & labour) or monetary compensation to the total replacement of same or higher quality value will become payable to Heritage Plumbing Group
- 12.1 Company will take care when supplying the goods and 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 and services is not included in the company’s quotation / price and must be carried out at client’s cost.
13. ELECTRONIC LOCATING
- 13.1 Electronic locating is not always accurate. There are factors involved with this procedure that could very well generate false readings; therefore, client shall hold Heritage Plumbing Group harmless from any claim, loss, or damage resulting from this procedure. Client additionally agrees that any line located by Heritage Plumbing Group will be exposed by manual excavation means only and verified of its exact location before any layout or work of any type is performed.
14. WATER/GAS AND ROOF LEAKS
- 14.1 Leaks are a process of elimination. Heritage Plumbing Group will use logical thinking and knowledge to the best of our abilities in identifying any leak/s. Heritage Plumbing Group will not be held liable to any leaks.
- 14.2 14.2 The Client understands that roof leaks are not always found and fixed on the first visit. Multiple testing may be required to find the source of the problem.Roof leaks have a large amount of contributing factors that we cannot always simulate. Eg. Extreme weather conditions.
- 15.1 The Company may sub-contract any or all of its goods and services under these Terms and Conditions without the Customer’s consent.
16. DISPUTE RESOLUTION / COMPLAINTS
- 16.1 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 effectively identifying & providing details of the dispute. If client believes the company has breached a term of this Policy or the Act client may submit a written complaint. The written complaint can be emailed or posted to company using the contact details set out on this invoice. Client must include contact details for company to contact client regarding the complaint. Company’s Privacy Officer will consider client’s complaint and respond as soon as reasonably possible, but not more than 30 days from receiving the complaint. Within (30) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.
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.
17. COMPLIANCE WITH LAWS
- 17.1 The Client & Heritage Plumbing Group shall comply with the provisions of all statutes, regulations & by laws of government, local & other public authorities that may be applicable to the works.
- 17.2 The Client shall obtain (at the expense of the Client) all licenses & approvals that may be required for the works (councils or other governing agents) unless specified by Heritage Plumbing Group.
- 17.3 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 legislation.
18. The company 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.
- 19.1 The client agrees to Heritage Plumbing Group using their personal information for marketing purposes & gives Heritage Plumbing Group permission to send out future advertising material.
- 19.2 Neither party shall be liable for 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.
- 19.3 Heritage Plumbing Group does not accept any responsibility for damage to property during works being carrying out.
- 19.4 Heritage Plumbing Group 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 Heritage Plumbing Group.
- 19.5 In the event of any breach of this contract by Heritage Plumbing Group the remedies of the Client shall be limited to damages.
- 19.6 Under no circumstances shall the liability of Heritage Plumbing Group exceed the Price of the Goods and Services.
- 19.7 If any clause or part of this agreement is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement but the rest of the agreement is not affected.