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Terms and conditions

  1. Preamble

1.1 Optimised Plumbing Services Pty Limited ACN 618 112 066 reserves all rights of the contract and reserves the right to modify these Terms and Conditions.

1.2 Any terms of the Customer that are additional to these Terms and Conditions are not legally binding, unless specifically accepted in writing by Optimised Plumbing Services Pty Limited ACN 618 112 066.

1.3 The content of these Terms and Conditions may be read together with additional written conditions that are agreed and accepted by the Contractor and Customer. These Terms and Conditions together with any additional written terms and conditions will form the entire contract between the Contractor and the Customer.

  1. Definitions

2.1 Contractor: means Optimised Plumbing Services Pty Limited ACN 618 112 066.

2.2 Customer: means the individual or company who has requested the Contractors services and signs or authorises these Terms and Conditions to be signed by a representative.

2.3 Services: mean all goods, services, materials and products supplied by the Contractor to the Customer.

2.4 Terms and Conditions: mean the terms and conditions referred to hereunder.

2.5 GST: means Goods and Services Tax.

2.6 Work: means plumbing work that the Contractor performs under this contract as requested by the Customer.

2.7 Defective Work: means product or installation that shows no sign of malicious, intentional or suspicious damage and is genuinely not fit for purpose.

  1. Jurisdiction

These Terms and Conditions together with any invoices, quotations or contracts shall be governed by the law of the state of New South Wales and the parties agree to submit to the courts of New South Wales in respect of any dispute arising.

  1. Quotations

4.1 Quotes are to be provided by the Contractor to the Customer as to the services and products the Customer has requested.

4.2 Once the Customer accepts the Contractors quotation, they are bound by the price and Terms and Conditions of the quote.

4.3 Quotes will remain valid for 30 days from the date of issue and the Contractor reserves the right to revise the quotation at this time.

4.4 The Contractor reserves the right to amend the quotation to add or remove additional goods or services as requested by the Customer.

  1. Offer and Acceptance

5.1 The quotation is an offer from the Contractor to the Customer to enter into a contract for services.

5.2 Acceptance of the offer may be made by any one of the following means:

5.2(i) The Customer signing the quote; and / or

5.2(ii) The Customer providing written or verbal instructions to the Contractor to commence work.

5.3 The Customer undertakes to give the Contractor not less than 14 day’s notice of any change to the Customers contact details.

  1. Invoices

6.1 A cooling off period of 5 business days applies to contracts exceeding $20,000.00 and the Customer is entitled to cancel the services subject to 6.2.

6.2 If the Customer cancels the contract during the cooling off period and the Contractor has already commenced work, the Customer must pay for all services, products, materials and labour charges incurred.

6.3 The Contractor reserves the right to retrieve all products and materials upon cancellation or termination pursuant to clause 10.

6.4 The Contractor reserves the right to schedule progress payments if the contract exceeds $1,000.00.

6.5 Invoices are issued under the protection of the Building and Construction Industry Security of Payments Act 1999. Nothing in this contract is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999.

6.6 The Contractor may request a 10% deposit from a Customer where work exceeds $1,000.00.

6.7 The Customer agrees to pay an additional 10% of the contract price for GST.

6.8 The Customer agrees to make all payments within 14 days from the due date specified in the quotation.

6.9 In the event the Customer fails to comply with clause 6.2, 6.3 and 6.8, the Contractor reserve the right to commence legal action.

6.10. The Contractor reserves the right to include additional goods and services that were requested by the Customer in the final invoice and payment of those additional goods and services are subject to these Terms and Conditions.

  1. Quality of work

7.1 All work carried out by the Contractor will comply with the Building Code of Australia and standards / specification of any relevant law in New South Wales.

7.2 The Contractor will carry out works as agreed upon between the Contractor and Customer.

7.3 The Contractor shall not be liable for any damage or loss incurred as a result of a defective product, part or material.

  1. Warranty

8.1 The Contractor provides 1 year warranty in relation to Defective Work.

8.2 The warranty period commences from the date of the invoice and applies only if the invoice has been paid.

  1. Disputes

In the event of a dispute, the Contractor and Customer agree to negotiate in good faith in an effort to resolve the dispute prior to any complaints to Department of Fair Trading or commencement of legal action.

  1. Termination

10.1 The Contractor may terminate this contract at any time, particularly if the Customer fails to comply with clauses 4 and 6. The Contractor reserves its right to commence legal action to recover any unpaid work, products or materials pursuant to clause 6.2, 6.3, 6.8 and 6.9.

10.2 In the event a Customer elects to terminate the contract, the Customer is required to pay for all work, products and materials the Contractor has provided thus far.

10.3 The Contractor and Customer warrant to provide the other party with a notice of intention to terminate the contract 10 business days prior to the act of termination.

10.4 The Customer agrees to provide the Contractor with 30 days to remedy any Defective Work or rectify a situation prior to terminating the contract.

  1. Indemnity

11.1 The Customer indemnifies the Contractor against any third-party claim for indirect or consequential loss or damage, however caused, including through negligent act or omission of the Contractor. This can include; loss of data, loss of revenue, loss of profit or any other indirect cost;

11.2 The Customer indemnifies the Contractor against any person for loss or damage whether direct or indirect, caused or contributed to by the Customer.

  1. Limitations of liability

12.1 The Contractor’s total liability is limited under this contract for breach of conditions or warranties, to resupply of the work or paying for the resupply.

12.2 The Contractor’s liability is limited under the contract, in tort and including negligence, for breach of statutory duty or on any other basis not covered in clause 11.

12.3 The Contractor is not liable for any delay of works commencing.

  1. Licensing and Insurance

13.1 The Contractor must hold a valid plumbing license, unless the Contractor’s employees are apprentices, labourers, trades assistants or work experience students.

13.2 The Contractor must have insurance cover for public liability to cover for third party injuries or death or damage to property not less than $20,000,000.00.

  1. Title

14.1 It is the intention of the Contractor and agreed by the Customer that property in the Services will not pass until all amounts owing on behalf of the customer are paid.

14.2 Until such time as ownership of the Services shall pass from the Contractor to the Customer, the Contractor may give notice in writing to the Customer to return the Services, including goods or any of them to the Contractor, upon such notice the rights of the Customer to obtain ownership or any other interest in the Services shall cease.

  1. General

15.1 A blocked drain may indicate that the pipelines are cracked or damaged. A drain line usually cannot be rectified just by cleaning the waste. The Contractor provides no warranty that the same issue will not reoccur. The Customer warrants to pay the Contractor in the event the Contractors equipment gets lodged in the drain.

15.2 The Contractor shall not be responsible for any loss suffered by the Customer for any breach by the Contractor of these conditions.

15.3 The Contractor may license or subcontract all or any part of its rights and obligations without the Customers consent. \