CONTRACT TERMS AND CONDITIONS YOUR LOCAL PLUMBING GROUP PTY LTD
A. All work is done on a FLAT RATE PRICE basis. The price includes, labour, materials and GST. NO BREAKDOWN WILL BE PROVIDED after 30 days of initial consultation
B. No deductions shall be made from any payment due to Sam’s Local Plumbing Canberra for any reason, including but not limited to liquidated damages, penalties, or back charges assessed by BUYER or third parties. The failure to make any payment within five (5) days of its due date shall be deemed a material breach of the contract. In the event of non-payment Sam’s Local Plumbing Canberra may at its sole discretion, terminate work under this agreement. In the event of such termination for non-payment, Sam’s Local Plumbing Canberra shall be entitled to all of its expenses incurred, including labour, and materials, as well as its overheard incurred, and all profits it would have obtained had this Agreement been fully performed. Sam’s Local Plumbing Canberra shall also be entitled to any and all other remedies allowed by
C. Any payment on account hereunder shall constitute an acceptance of Sam’s Local Plumbing Canberra work for the work for which such payment was made.
D. Any payment due must be made upon job completion (C.O.D), unless prior- authorised in writing.
E. All past due amounts will accrue 20% per day and an additional $25.00 per month administration fee.
F. All credit cards incur a 1.5% fee. Applicable to all credit cards. G. Progress payment for any work that is carried out by us minimum process payments is required for any works above $500 at following stages of the works as per the Building and Construction Industry Security of Payment Act 2002 VIC
Stage 1: 30% deposit to book in job
Stage 2: 20% commencement of job
Stage 3: 40% half way through the job
Stage 4: 10% at completion of the job
2. NOTICE OF DEFECTIVE WORK
Upon completion of the work, BUYER agrees to exercise due diligence in inspecting the work for defective workmanship and materials. BUYER agrees to notify Sam’s Local Plumbing Canberra, within forty eight (48) hours of completion of the work described hereunder of all defective work, if any. BUYER agrees that upon discovery of any allegedly defective work, BUYER shall immediately call Sam’s Local Plumbing Canberra who shall have the first opportunity to repair the alleged defective work. The failure to call Sam’s Local Plumbing Canberra at the first opportunity to repair the alleged defective work shall void all warranties, express or implied hereunder and relieves Sam’s Local Plumbing Canberra for any liability to BUYER. BUYER agrees and recognises that they shall not withhold any payments for allegedly defective works. Sam’s Local Plumbing Canberra is not responsible for reimbursement for work performed by any company or individual.
3. SERVICES NOT COVERED
Sam’s Local Plumbing Canberra will not perform any other work or trade than that which is specified herein, including but not limited to carpentry, plastering, electrical work, tiling, landscaping, masonry, flooring, concreting, paving, painting, etc, even if that works is incidental or necessary to the contracted work, or necessary to restore the premises after the repair is made.
4. SCOPE OF AGREEMENT
A. The agreement represents the entire and integrated agreement between BUYER and Sam’s Local Plumbing Canberra, and superseded all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written offered by Sam’s Local Plumbing Canberra and accepted by BUYER. This agreement binds jointly and severally all signing as BUY their heirs, presentations, successors and assigns.
B. Sam’s Local Plumbing Canberra further states and BUYER recognises that there may be other service providers will to perform at a lower price. BUYER understands that he/she has the option of seeking other bids before authorising this work.
5. RECOMMENDATION NOT PERFORMED
If Sam’s Local Plumbing Canberra has made any recommendation for repair or replacement of any item, or suggested options which in contractor’s opinion would improve the performance or extend the life of item, and those options are not chosen by BUYER, BUYER shall defend and hold Sam’s Local Plumbing Canberra harmless for any loss, claims or damages incurred or alleged to have been incurred by the failure of the BUYER to accept any such option or recommendation.
Sam’s Local Plumbing Canberra has the right to cease work if, in the opinion of Sam’s Local Plumbing Canberra, a severe rodent or pest problem exists. Extermination of rodents or pests of any sort shall be the sole responsibility of BUYER.
Sam’s Local Plumbing Canberra reserves the right to hire subcontractors for any part of the herein projected or described work, any extra work, or additional work agreed to.
8. EXISTING PLUMBING
No warranty, express or implied, is provided for any existing plumbing fixtures, pipes, or systems. Furthermore, BUYER understands that connections to existing plumbing are sometimes impossible due to the rotted conditions of the existing pipes of their location, and BUYER agrees to pay any extras necessary to remedy the situation. BUYER hereby acknowledges that aged and deteriorated plumbing fixtures, piping, and appurtenances may no longer be serviceable. BUYER hereby agrees to hold Sam’s Local Plumbing Canberra harmless from and defend Sam’s Local Plumbing Canberra against any and all claims of liability for damages to those items or otherwise resulting from conventional repair efforts.
The removal of any and all trash/debris shall be the sole responsibility of the BUYER however, Sam’s Local Plumbing Canberra shall leave site in a neat, broom clean condition. All old parts will be removed from premises and discarded unless otherwise specified herein.
Unless otherwise specified herein, the routing of pipes will be left up to Sam’s Local Plumbing Canberra sole discretion as to their placement.
11. SITE CONDITIONS
A. If Sam’s Local Plumbing Canberra must obtain to other person’s properties in the course of work, BUYER shall secure permission for such and hold harmless, defend and indemnify, including solicitors fees incurred, Sam’s Local Plumbing Canberra and its employees and agents against all actions and consequences arising or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding contractor’s sole negligence, and for securing said property and its contents during and after work.
B. BUYER shall be responsible to secure, remove and protect all property and contents, including but not limited to adults, children, animals, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work and shall hold harmless, defend and indemnify, including solicitors fees incurred, Sam’s Local Plumbing Canberra, its employees and agents against all claims arising out of BUYER’S failure to do so.
C. BUYER is responsible to supply water, gas, sewer and electrical utilities unless otherwise agreed to in writing. BUYER agrees to provide Sam’s Local Plumbing Canberra unlimited electricity and water within 30 metres of project prior to commencement of work.
12. LIMITED WARRANTY
A. Only if BUYER accepts Sam’s Local Plumbing Canberra recommendations, Sam’s Local Plumbing Canberra warrants its workmanship to be free from defects after performance unless otherwise specified in writing fora period of one (1) year for repairs, and ten (10) year for replacement installations. Should any defects in material or workmanship occur during the period of warranty, Sam’s Local Plumbing Canberra will repair or replace (at their discretion), at no charge. This warranty does not cover faults caused by misuse, negligence, or damage caused by BUYER, or natural disasters including, but not limited to fire, flood and earthquake. The warranties for materials supplied by Sam’s Local Plumbing Canberra shall be those warranties provided by the manufacturer or supplier of that item, rather than based on contractor’s warranty herein. Sam’s Local Plumbing Canberra shall leave such manufacturer’s warranties at their respective locations. Sam’s Local Plumbing Canberra shall not be responsible for the costs of reinstalling fixtures or materials warranted by manufacturers. All warranties are void if payment is not made when due. Warranties extend only to the BUYER and are not transferable.
B. BUYER shall telephone Sam’s Local Plumbing Canberra within twenty-four hours (24) of discovery of any warranty claim. Sam’s Local Plumbing Canberra will respond with reasonable promptness between the hours of 8.00am to 4.00pm Monday through Friday, excluding Sam’s Local Plumbing Canberra holidays. FAILURE OF BUYER TO NOTIFY Sam’s Local Plumbing Canberra WITHIN 24 HOURS OF DISCOVERY OF ANY PROBLEMS WITH THE WORK COVERED BY THE AGREEMENT SHALL VOID THIS WARRANTY.
C. Sam’s Local Plumbing Canberra shall not be liable for water or other damage relating from any defect or delay in responding to said warranty. BUYER must take reasonable steps to mitigate damages, including, if necessary, calling their local fire department to turn off the water and/or pump out standing waters.
D. Sam’s Local Plumbing Canberra shall not be liable for profits, incidental, special, exemplary, indirect or consequential damages resulting from any work performed, or any damage or problem, whether or not covered by this limited warranty. BUYER’S right to repair or replacement are BUYER’s exclusive remedies.
E. The warranties provided for herein shall commence upon the substantial completion of the work, or if the work is done in phases, upon completion of any specific portion of the work, and not upon acceptance or inspection by any person or party. Nothing contained in this provision shall be constructed extend the term of any warranty provided herein.
F. Sam’s Local Plumbing Canberra does not warrant BUYER supplied materials.
G. There is no warranty on drain cleaning unless Sam’s Local Plumbing Canberra expressly states so in the scope of work stated herein. This warranty is the only warranty by Sam’s Local Plumbing Canberra, and is in lieu of all other warranties, whether express or implied.
13. DRAIN CLEANING INSPECTION
A. BUYER shall hold Sam’s Local Plumbing Canberra harmless, and shall be solely responsible for any damage or expense incurred to remove, restore, repair or replace its premises and/or any portion thereof, as well as the damaged equipment of Sam’s Local Plumbing Canberra, if any tool, drain cleaning cable, water jetting hose, or other equipment of Sam’s Local Plumbing Canberra becomes stuck in a drainage line in the prosecution of Sam’s Local Plumbing Canberra work under this agreement.
B. If there is a sewerage spill, including one deemed hazardous, the cost of clean-up is the sole responsibility of the BUYER.
C. Removal of tree root growth or blockage alone will not ensure that similar problems will not recur and as such carries no guarantee unless otherwise stated herein.
14. ELECTRONIC LOCATING
Electronic locating is not always accurate. These are factors involved with procedure that could very well generate false readings; therefore, BUYER shall hold Sam’s Local Plumbing Canberra harmless from any claim, loss, or damage resulting from this procedure. BUYER additionally agrees that any line located by Sam’s Local Plumbing Canberra will be exposed by manual excavation means only and verified of its exact location before any layout or work of any type is performed.
15. UNFORSEEN CONDITIONS
A. If condition and/or circumstances are encountered at this job site which are (1) concerned physical conditions, or (2) unknown physical condition of an unusual nature, which differ materially from that which is visually ascertained, BUYER agrees to accept responsibility for such conditions and those circumstances outside the control of Sam’s Local Plumbing Canberra and further agrees to pay for any labour or materials, including repair to damaged equipment of Sam’s Local Plumbing Canberra and other plumbing caused by such conditions and/or circumstances.
B. It is in the intent of this provision to make BUYER responsible for all (1) unforeseen and concealed conditions (2) for that which Sam’s Local Plumbing Canberra cannot control. Accordingly; BUYER further agrees to hold Sam’s Local Plumbing Canberra harmless and shall indemnify and defend Sam’s Local Plumbing Canberra and all its agents and employees from and against all claims, damages, losses and expenses including but not limited to solicitor fees, consequential damages, arising out of as a result from the performance of Sam’s Local Plumbing Canberra work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by Sam’s Local Plumbing Canberra, except for Sam’s Local Plumbing Canberra sole negligence.
C. Asbestos or other Hazardous Materials Remediation Work – Sam’s Local Plumbing Canberra has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the BUYER’s property and has not conducted any investigation in connection herewith, Sam’s Local Plumbing Canberra does not perform asbestos or other hazardous material or substance removal and Sam’s Local Plumbing Canberra Canberra shall have no responsibility whatsoever for any such removal. BUYER expressly releases and shall hold Sam’s Local Plumbing Canberra harmless from any liability whatsoever and for all claims arising out if its presence, release, remediation or removal and for any costs, losses or damages BUYER may suffer or sustain if it is found to exist on the BUYER’S property.
16. DISPUTE RESOLUTION
BUYER acknowledges, understands and agrees to pay for any and all detriment proximately caused by BUYER’S breach of contract, including but not limited to damages for the delay or acceleration of this contract, office administration fees, court, arbitration and lien filing fees, collection costs, interest, detriment caused by a loss of operating capital, and all losses associated in pursuit of relief from BUYER’S breach of this contract. If BUYER or contractor considers a dispute has arisen in relations to any matter covered by this contract, that party must give the other party written notice of the dispute. If the dispute cannot be resolved with the help of the mutually agreed third party either party may refer the matter to the Fair-Trading Tribunal.
17. RESPONSIBILITIES OF BUYER
BUYER represents that, except as described in the request for service, all plumbing drainage, gas fitting, and roofing systems are in good order and condition and agrees to hold Sam’s Local Plumbing Canberra harmless for the discovery of defective conditions.
18. RESPONSIBILITIES OF CONTRACTOR
Sam’s Local Plumbing Canberra shall do all work in a competent, workmanlike manner in compliance with all relevant Australian Standards and to the requirements of all statutory authorities relating to the work. All materials and components shall be of good quality, suitable for the purpose intended and unless otherwise specified, new.
19. TERMINATION OF CONTRACT
BUYER may terminate the contract before completion of the work. If the BUYER instructs Sam’s Local Plumbing Canberra to cease work before work is completed, the BUYER shall immediately pay for all necessary inspections by an relevant authority and all work carried out and materials and equipment used up to the time Sam’s Local Plumbing Canberra ceases work, including any work carried out after the BUYER’S instructions are given in order to make the site of the work secure as to health and safety as required by relevant legislation. In the event the BUYER cancels the contract, any deposit paid shall be forfeited as liquidation damages.
20. MISCELLANEOUS EXCLUSIONS
Unless otherwise provided for herein, the following are not included in, and not part of this contract, including but not limited to rock or shale excavation, backhoe hire, tree removal, shoring, dewatering, authorities fees and charges, or any other work not mentioned in this contract.
21. PROMOTIONAL EMAILS
As a condition of agreement between BUYER and Sam’s Local Plumbing Canberra, you consent to receiving Promotional Emails. This may include information surrounding the services we provide, new offers and information about Sam’s Local Plumbing Canberra Canberra. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button on our email. Please pay on invoice as NO further statement will be issued – Spam Act 2003
22. INSURANCE CLAIMS & REPORT WRITING & LIAISON
A. FULL Payments and deposits MUST be made up front and in accordance with Business unit’s Terms and conditions ONLY. Business unit does not make exceptions for installations, repairs & replacements that will be covered and reimbursed by BUYER’s insurance.
B. BUYER acknowledges that a fee of $180.00 will be charged separately from the QUOTE for further administration requests made by BUYER’s Insurance/ Body Corporation/ Government bodies.
C. BUYER acknowledges that BUYER will be the primary contact with BUYER’s Insurance/ Body Corporation/ Government bodies for purposes such as purchase claims &/or reimbursements.
THIS IS A PAYMENT CLAIM UNDER THE BUILDING & CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 ACT.