Terms & Conditions
Special Note -
Any and all works carried out by Around The Clock Plumbing Pty Ltd either quoted or otherwise shall be subject to these Terms and Conditions in full. It is the sole responsibility of the client / customer to read the Terms and Conditions carefully and pursue legal advice if required before engaging Around The Clock Plumbing Pty Ltd.
Date of contract
1. This contract is effective from the date it is signed by both parties or on the part or whole performance of the Works by Around The Clock Plumbing.
Effect of Contract
2. Any variation or termination may only be made in accordance with the terms of the contract.
3. Any deposits made will not be refundable other than as provided in the contract.
4. Where the Client is a corporation or partnership, it’s directors or partners agree to be bound by this contract jointly and severally.
5. The Client shall pay Around The Clock Plumbing the Contract Price and the price of any variation in accordance with this contract.
6. The Contract Price shall be paid no later than 7 days from the completion date or the date of the invoice.
7. If the Contract price is to be divided into progress payments such payments shall be paid no later than 7 days from the date of the invoice relating to the progress payment.
8. All prices are calculated based on existing costs for labour, fixtures and materials at the date of pricing and for 30 days after. If the contract is not signed by the client within 30 days of receiving it the price may be varied, If the client does not wish to proceed for the new price the contact will lapse.
9. Where Prime Cost items and/or provisional sums have been included in the Contract Price and a greater amount is spent than the allowance, the client shall pay the difference to Around The Clock Plumbing within 7 days of the date of dispatch of the invoice. Prime cost items are fillings, materials and products provided by Around The Clock Plumbing at the specific direction of the client and at the cost of the client or provided by the client at no cost to Around The Clock Plumbing, but the installation or use of which may incur costs additional to those allowed for in the contract price.
10. Warranties on Prime cost items will be the warranties of the manufacturer. This contract makes no provision for costs associated with the removal or installation of prime cost items that must be replaced under manufacturers’ warranty.
11. Around The Clock Plumbing will take all reasonable care to ensure that prime cost items are fit for purpose.
12. This contract makes no provision for the excavation, removal and cartage of excess soil, rock or reef materials that may be encountered during excavations. The client must pay Around The Clock Plumbing the costs of excavation/removal of all excess soil, rock and/or reef material.
13. This contact makes no provision for the cost associated with the identification or removal and cartage of Asbestos Containing Material (ACM) that may be encountered during completion of works, Costs associated with the removal are the responsibility of the client, the client hereby releases Around The Clock Plumbing from any claim, liability or damages that may arise as a result of ACM.
14. The client acknowledges that pipes affected by root growth and or blockages are generally deemed as a result of such interference. The removal of the root growth and/or blockages alone carries no warranty that similar problems will not recur unless permanent repairs are made to the affected pipework.
15. Where additional work is agreed for special treatment and/or replacement of damaged drains due to the proximity of tree roots/blockages, filled ground or like conditions, the additional costs of drain inspection and clearing equipment concreting, use of cast iron or other special treatment or replacement work shall constitute a variation and such variation shall permit an additional charge for such work.
16. Where drain inspection or clearing equipment including but not limited to cables and hoses becomes jammed as a result of damaged drains or blockages, Around The Clock Plumbing will be entitled to take reasonable action to retrieved such items, Costs associated with the retrieval of inspection and clearing equipment shall constitute a variation and such variation shall permit an addition charge for such work.
17. The contract price for the works is based upon the assumption that all existing installations comply with law, regulations, and relevant Australian Standards. Any work required to bring existing installations into compliance with law, regulation and relevant Australian Standards shall constitute a variation.
18. The contract price for the works is based upon the assumption that the contract will have access to the site during normal working hours at which the works are carried out. If Around The Clock Plumbing’s access to the site is impede in any way, this shall constitute a variation.
19. If the client fails to make any payments, Around The Clock Plumbing may charge interest on the outstanding amount/s at the rate prescribed by the penalty interest rates act 1983 (Vic) from the due date of payment until the date of full payment.
20. The Client is liable for all reasonable costs and expense incurred by Around The Clock Plumbing or by any third party engaged by Around The Clock Plumbing incidental to and arising out of late payments of amounts due under this contract.
21. The property in the goods sold and delivered pursuant to this contract (“goods” shall remain with Around The Clock Plumbing until full payment is made by the client to Around The Clock Plumbing together with all charge for extra materials and/or works made in accordance with this contract.
22. The client agrees:
(a) that, pursuant to the personal property securities act 2009 (“PPSA”), this contract creates a security interest in all goods (and proceeds of goods) in favour of Around The Clock Plumbing to secure the purchase price for the goods;
(b) that the following sections of the PPSA do not apply: 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142, 143 and, to the extent section 115(7) applies, each section of part 4.3 of the PPSA is excluded unless Around The Clock Plumbing elects in writing to retain Part 4.3 (which Around The Clock Plumbing may elect to de either in whole or in part);
(c) to waive its right to received notice of a verification statement in relation to registration of a security interest; and
(d) Around The Clock Plumbing may recover from the client the cost of doing anything under this clause 20, including registration fees.
Goods and Services Tax
23. The contract price includes Goods and Services Tas (GST) which shall be applied according to law.
24. The works shall be commenced on the commencement date. Around The Clock Plumbing will use reasonable endeavors to complete the works by the completion date but is not liable in any manner if the works are not completed by the completion date. The client herby release Around The Clock Plumbing from any claim, liability or damages that may arise if the works are not completed by the completion date.
25. Around The Clock Plumbing shall perform all work in a professional manner as required in Australian Standards and the MPMSAA Code of Ethics.
26. Around The Clock Plumbing shall perform all work in accordance with Occupational Health and Safety requirements.
27. Around The Clock Plumbing shall handle any fixtures, fittings, materials and/or equipment provided by the client with reasonable care.
28. Contractor shall not be liable for any damage caused by defects in, or the unsuitability of client-supplied fixtures, fittings, materials and/or equipment for the purposes for which they were intended by the client.
29. Around The Clock Plumbing shall not be liable for any loss or damage resulting from any Act of Parliament, Government order, strike, war, delay in delivery of manufacturing materials or from any other circumstances beyond Around The Clock Plumbing’s control.
30. The client shall provide scaffolding and/or access equipment for the works unless otherwise specified in the contract.
Supply of Materials
31. Where any fixtures, fittings, materials and/or equipment are supplied by the client, they will be stored, handled and installed at the risk of the client, subject to clause 25. Around The Clock Plumbing is not liable for any failure of materials supplied by the client.
32. All materials removed from the client’s site/premises shall be deemed to be the property of Around The Clock Plumbing unless Around The Clock Plumbing is otherwise notified by the client.
33. Around The Clock Plumbing shall procure any insurances that Around The Clock Plumbing is required by any Act of Parliament (“statutory insurance”) that imposes an obligation on Around The Clock Plumbing to take insurance cover.
34. The client shall effect all other insurances that normally relate to risks generated in the work associated with the building work and the plumbing/mechanical services work (but not covered by such statutory insurance) and shall indemnify Around The Clock Plumbing for any liability that falls within the ambit of such risks, unless it is agreed between parties that certain insurances shall be the responsibility of Around The Clock Plumbing in which case they will be listed as variations with the client being responsible for the applicable premiums.
35. The contract can only be varied by agreement in writing.
Suspension/Termination of Contract
36. Where the client fails to comply with any of these contract conditions, Around The Clock Plumbing may issue a notice of suspension and may suspend the works until the client remedies the default.
37. If the client does not remedy a default within 7 days beyond the date of suspension, Around The Clock Plumbing may terminate the contract by sending a notice of termination to the client.
38. Around The Clock Plumbing’s right to suspend or terminate this contract exists in addition to Around The Clock Plumbing’s other rights available at law to seek recompense for work done and material supplied to the date of suspension/termination.
39. If the client is dissatisfied with any aspect of the works, the client must provide a notice of complaint to Around The Clock Plumbing setting out the details of and the grounds for the complaint.
40. If Around The Clock Plumbing receives a notice of complaint, Around The Clock Plumbing must send a notice of reply to the client setting out a method for dealing with the complaint within 7 days of receipt of the notice of complaint.
41. If the client agrees with Around The Clock Plumbing's proposed method to deal with the complaint, the client must inform Around The Clock Plumbing of such agreement within 7 days of receipt of the notice of reply and must permit Around The Clock Plumbing to deal with the complaint accordingly.
42. If the client does not agree with Around The Clock Plumbing’s proposed method to deal with the complaint, the client and Around The Clock Plumbing shall allow a period of up to 21 days (commencing on the day after time has expired for the client to agree to the notice of reply) for negotiations to take place and the contract shall be suspended but shall not be terminated for that period.
43. If no resolution is reached by the end of 21 days either party may refer the complaint to Consumer Affairs Victoria for complaint resolutions assistance. Such a request must be made in writing setting out details of and the grounds for the complaint.
44. Any dispute or difference unresolved at this stage shall be referred to an appropriate tribunal or statutory body for mediation or arbitration.
45. Each party shall bear its own costs of presenting its position to the arbitrator(s) unless the arbitrator(s) make another determination in respect of the costs.
46. If any words or provisions in this contract are unenforceable, the remainder of this contract shall remain effective.
47. Any notice, request or demand to be given pursuant to this contact shall be given in writing, signed by that party and shall be sent by post to the address of the other party as stated in this contract and shall be deemed to have been given on the day following that on which it was posted.