Terms & Conditions
1. Definitions
1.1 "The Supplier" means JDC PLUMBING & ROOFING and any successor or assignee.
1.2 "The Client" means the person buying the goods and services and any entity acting on behalf of or with the Client's authority.
1.3 "Guarantor" means the person(s) who agrees to be liable for a client's debts as specified in any credit application, quotation or correspondence between the parties.
1.4 "LPR" refers to the Local Plumbing Regulator. 2.
2. Payments and Security
2.1 The payment terms are as said in the Supplier's invoice, i.e., payment is due 'X' days from the invoice date. If no payment terms are displayed, the price is expected once upon completion of the works.
2.2 Where the works period is one month or greater, the Supplier may invoice the Client at the end of each calendar month for work undertaken during that month, and such invoice will be payable on the terms agreed by the parties or if no words are agreed, within seven days of such invoice date.
2.3 The Client now agrees and acknowledges that, at the absolute discretion of the Supplier, an account-keeping fee of 2% per month will be levied on any or all amounts in default of the agreed trading terms.
2.4 The Client indemnifies the Supplier against all bank or recovery fees incurred and if the Client's account is in default under these Terms and Conditions and indemnifies the Supplier against any collection fees, fully legal and other costs, claims or liabilities related to any Client breach under these Terms and Conditions. The Client must pay the Supplier all such fees, penalties, charges, and other expenses referred to in this clause, whether the Supplier has paid or satisfied them.
2.5 The Supplier may halt ongoing works without prior notice to the Client should an account be in arrears.
2.6 The Client and the Guarantor (if any) at this moment charge all their right, title or interest (if any) to any or all property(is) owned, partly owned, acquired in the future, solely or jointly by the said Client or Guarantor or both in favour of the Supplier, to secure all monies owed to the Supplier together with the due and punctual observance and performance of all of the obligations of the Client. The Client and the Guarantor acknowledge that the Supplier may, at its discretion, register a final warning on such property regarding the interest conferred on it under this clause.
2.7 Until all invoices are paid in full and all monies received, ownership of any materials used and goods supplied will remain with the Supplier. Without prejudice to any other of its rights, the Supplier is entitled to reclaim possession of such materials or goods in satisfaction of all debts owing to the Supplier. The Client gives the Supplier irrevocable authorization to enter any premises at any time, with or without the Client's consent, as necessary.
2.8 The Supplier may register on the Personal Property Securities Register an all-present and after-bought security interest over the Client, the Guarantors, or both to secure all monies due to it. The Client and Guarantors waive any right to receive notification of such registration.
2.9 Payments can be made in cash, bank transfer or credit card and are received when the Supplier's bank clears the funds.
2.10 Credit card payments will incur a surcharge of up to 1.9% plus 20c per transaction.
2.11 GST. The Supplier is legally required to pay Goods and Services Tax (GST) on any work undertaken for the Client. Therefore, GST will be payable by the Client in addition to the estimate/quote or invoice amount supplied if it is not shown otherwise.
2.12. The Supplier may end any agreement to supply credit to a client without justifying it to the Client.
2.13. The Guarantor guarantees the prompt payment of all amounts owed by the Client and the due and punctual performance of all the Client's obligations.
2.14. If the Client cancels a booking within 24 hours of the scheduled booking, the Client will pay a cancellation fee of $99, and any deposit paid will be given up regardless of the reason for the cancellation.
3. Warranties
3.1 All materials and product warranties are as provided by the manufacturer. The Supplier takes no responsibility for damage caused from or related in any way to materials or product failure, and all Client claims must be made directly to the manufacturer. The Supplier will supply manufacturer contact details upon request by the Client.
3.2 The Supplier will have no liability, and no warranty work will be completed by the Supplier unless and until the Client has paid the Supplier's account in full.
3.3 Mandatory artistry installation warranty periods will apply per LPR statutory requirements. The only other warranties binding on the Supplier are those imposed and required to be binding by statute, such as those set by the Australian Consumer Law. Any other warranties are excluded.
3.4 The Client may ask that the Supplier remedy any potential artistry or installation defect and must allow not less than five business days for the Supplier to rectify the suspected defect. Suppose the Client engages another tradesperson to correct the flaw or endeavours to remedy it themselves without following this clause. In that case, the Supplier will have no liability for such a suspected defect.
3.5 Should a re-attendance be needed to inspect a Client's suspected warranty item claim not considered by the Supplier to be a warranty issue, the Client will be charged at the Supplier's standard rate schedule for the call out. This document is available upon request.
3.6 If the Supplier claims on its insurance about the claim, any finding or decision of the provider of the Supplier's public liability insurance is considered final.
3.7 The Supplier will use best endeavours to supply the works within the expected time; however, the Supplier will not be liable for any delay in the completion of the works or any costs associated with such uncertainty.
3.8 At all times, the liability of the Supplier is limited to the value of the relevant works.
3.9 Except to the extent provided in this clause by law, at no time will the Supplier be liable for any loss, damage, cost, claim, or liability suffered by the Client or any other person about any goods or services provided by the Supplier whether direct, indirect or consequential.
3.10 The Client indemnifies the Supplier against all losses, liabilities, and costs incurred by the Supplier arising directly or indirectly as a result of or in connection with the supply of goods and services by the Supplier to the Client unless caused by wilful misconduct by the Supplier or any of its employees or agents acting within the scope of their employment. The Client must pay the Supplier all liabilities, costs and other expenses referred to in this clause, whether the Supplier has paid or satisfied them.
3.11 Materials and products supplied by the Supplier to the Client are at the Client's risk at once on installation or delivery to the Client (whichever is the sooner), and the Client must insure the goods at its cost from that time.
4. Refunds/Discounts
4.1 If a client requests a refund/Discount, this must be requested in writing within thirty (30) days of job completion. No refund or discount requests will be accepted after such time.
4.2 Once a request is reviewed, the Supplier will give a response within seven days of receipt of the request.
4.3 Refunds/Discounts for Supplier labour relating to fault finding, naming issues, and items will not be provided.
4.4 If approved, refunds/discounts will be provided pro-rata basis regarding the actual extent of any defect.
4.5 Nothing in these Terms and Conditions is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 except to the extent allowed by that Act.
5. Acceptance
5.1 Any instructions the Supplier receives from the Client via email, phone, fax or direct mail to carry out works is deemed to constitute acceptance of these Terms and Conditions.
5.2 Any employee, family member or clear representative of the Client is considered to have the authority to bind the Client unless the Client specifies otherwise in writing.
5.3 The Client must inspect the work at once upon completion and, within seven days after the inspection date, give written notice to the Supplier, with particulars of any claim that the results are not by the contract. If the Client does not provide that notice, then to the extent allowed by law, the works must be treated as having been accepted by the Client, and the Client must pay the results by these Terms and Conditions.
6. Quotations
6.1 Quotations are based solely on the scope of work in the quotation document.
6.2 Unless said in the scope of works layout by the Supplier, the estimate does not include the following:
(a) Items and issues that cannot be seen during inspection for a quotation include but are not limited to below-ground or in-ceiling spaces and wall cavities.
(b) Supply of tapware and fixtures.
(c) Removal of rubbish from the site.
(d) Removal or reinstatement of surfaces. (e) Fees for authorities such as the Water Corporation and LPR.
(f) Hard diggings such as clay and rock. It is assumed that all surface digging is in the sand only.
6.3 The quotation price is an estimate only and will not be binding upon the Supplier unless specifically said critical binding; quotations are valid for 30 days from the date of issue and are otherwise subject to alteration without notice at the
Supplier's sole discretion. Any variations must be agreed upon in writing.
7. Works
7.1 Before commencing works, the Client must advise the Supplier of the precise location of all
underground services on-site by clearly marking them.
7.2 Whilst the Supplier will take utmost care to avoid damage to any underground services, the Client indemnifies the Supplier in respect of all and any liability claims, loss, damage, costs or fines in any way related to damage to services not precisely located and notified as per above.
7.3 Variations. Cost variations will occur should any of the scenarios in clause 6.2 be presented or add works asked/needed to that of the original scope. The Client will be liable to pay for all variations at the Supplier's standard rates unless otherwise said in writing by the Supplier.
7.4 Drain Blockages – The Client agrees that plant/tree roots generally indicate damaged pipes. However, the Client agrees this cannot be 100% fixed purely by cleaning the drain; therefore, no warranty is provided against this situation arising again.
7.5 Wall drilling (holes)/Wall chasing/Coring/Cutting – The Client agrees that utmost care is taken to avoid wall damage. Painting, patching or other necessary reinstatement works may be required for which the Supplier holds no liability over costs incurred.
8. Intellectual Property, Confidentiality and Privacy
8.1 Intellectual property, including the Supplier's methods, trade secrets, commercial client lists, and details, will remain the sole property of the Supplier and cannot be used by the Client without the prior written authority of the Supplier.
8.2 The Client agrees that the Supplier may use documents, designs, photographs or drawings that may reference or include the Client's property for advertising and marketing purposes.
8.3 The Supplier may have to collect personal information from time to time. This may include names, phone numbers, email addresses, and lead source information.
This information will not be shared or become public knowledge in any way.
8.4 The Client and Guarantor(s) agree to the Supplier obtaining from a credit-reporting agency a credit report having personal credit information about their ability to be allowed credit for repayment.
8.5 The Client agrees to the Supplier obtaining credit information from listed trade referees upon request.
8.6 The Supplier on file will store no credit information.
9. General
9.1 The Client acknowledges that the Laws of Australia shall govern this contract, and the Client now agrees to give to the nonexclusive authority of the Courts of Australia.
These Terms and Conditions apply to all transactions with the Client. They are the entire agreement and understanding between the Supplier and the Client about everything connected with the subject matter of these Terms and ConSupposetions. If any future contract between the Supplier and the Client is inconsistent with these Terms and C. In that case, these Terms and Conditions will apply unless the later agreement specifically refers to and specifically alters these Terms and Conditions in writing.