Special Note – Any and all works carried out by Triple Zero Plumbing 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 make their own enquiries and seek independent advice before engaging Triple Zero Plumbing.
1.0 DEFINITIONS
1.1 “Triple Zero Plumbing” shall mean Triple Zero Plumbing Pty Limited, or any of its agents, contractors and employees.
1.2 “Client” shall mean the client, any person acting on behalf of and with the authority of the client, or any person purchasing products and services from Triple Zero Plumbing
2.0 PAYMENTS
2.1 The client agrees to make progress payments as requested. Failure to do so will cancel all further works until such time, progress payments are paid. The client agrees to pay the full invoice amount on the completion of works.
2.2 Credit card and cash payments accepted only. The client grants Triple Zero Plumbing permission to carry out transactions over the phone using their credit card details for the value of the invoice amount, or in accordance with any payment arrangement i.e. deposit or progress payments.
2.3 A credit card transaction fee of 1% applies to all credit card payments.
2.4 Any payments which fall overdue shall incur a late fee of 10% per annum until paid in full.
2.5 All quoted works are subject to any necessary variations and deemed to be required at the discretion of Triple Zero Plumbing in order to carry out and complete works to Australian and Safety Standards. All variations will incur further fees and charges in addition to the original quoted amount.
2.6 Triple Zero Plumbing fees and charges are subject to change without notification to the client.
2.7 Additional fees and charges shall apply for work required to be completed by Triple Zero Plumbing outside of normal business hours 0600 to 1700 Monday to Friday.
2.8 the client acknowledges that all invoices provided by Triple Zero Plumbing shall be provided in categories of labor, materials and GST only. Itemized accounts will not be issued.
2.9 Where the client requests a variation to works and Triple Zero Plumbing agrees to supply variation to works, Triple Zero Plumbing will provide the client with a Varied Work Order.
2.10 Triple Zero Plumbing is not bound by the Varied Work Order supplied in accordance with above until such time that the client has signed the Varied Work Order and paid the deposit as set out in the Varied Work Order.
2.11 Where the client has signed the Varied Work Order and paid the deposit the Varied Work Order forms part of the binding agreement between the Client and Triple Zero Plumbing and the client must do all things and pay Triple Zero Plumbing the amounts set out in the Varied Work Order on the same terms as set out in these terms and conditions.
2.12 Where the client either fails, refuses or neglects to pay Triple Zero Plumbing for any amounts due and payable pursuant to these terms and conditions and as a result Triple Zero Plumbing incurs costs to enforce these terms and conditions to recover amounts the client owes to Triple Zero Plumbing; then those costs incurred (including legal costs) will also payable by the client to Triple Zero Plumbing.
3.0 GOODS
3.1 The Client agrees that title and the proprietary rights associated with the works and the goods provided, including material and equipment shall remain and be vested in Triple Zero Plumbing until such time as the Client signs all relevant documentation required and all monies due and to be paid shall be paid in full by the Client to Triple Zero Plumbing, which is specifically licensed and authorised by the client to attend any premises where the goods or the equipment may be located and to remove such goods or equipment at the cost and expense of the client until payment in full is made.
4.0 CANCELLATION
4.1 Triple Zero Plumbing may at its discretion terminate this work order and services and goods to be supplied under the work order, at any time giving at least 24 hours written notice. Triple Zero Plumbing shall not be liable for any loss or damage what-so-ever arising from such termination.
4.2 The client must provide Triple Zero Plumbing with at least 3 working days’ notice in writing of any cancellation of works.
4.3 Placing a deposit with Triple Zero Plumbing secures and confirms the client’s job. Where a deposit has been paid to Triple Zero Plumbing deposits are non-refundable.
4.4 Where a client cancels this Work Order, any Varied Work Order or order for goods and services to be provided by Triple Zero Plumbing, whether or not, 3 working days notice in writing has been given, Triple Zero Plumbing is entitled to retain from the deposit, amounts for any loss or damage suffered by Triple Zero Plumbing by reason of the cancellation, including but not limited to, costs incurred in goods and materials ordered and workmen booked
5.0 WARRANTY
5.1 Except as otherwise provided in these terms, Triple Zero Plumbing will provide a warranty for works completed under these terms and the Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on exact location and works as carried out by Triple Zero Plumbing. Client must provide original invoice for proof of works.
5.2 For the duration of the warranty period, all valve and valve type parts, as well as, any specified items installed by Triple Zero Plumbing must be serviced annually by Triple Zero Plumbing. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
5.3 The Client shall inspect the goods and works on completion and must report any defects to parts or installation works within 48 hours in writing to Triple Zero Plumbing of any alleged defects, shortage in quantity or damage. The client shall afford Triple Zero Plumbing an opportunity to inspect the alleged damage / defect within 7 working days from date of written notice and give Triple Zero Plumbing the opportunity to make good to Australian standards within 14 working days.
5.4 No warranty shall be provided on blocked sewer, drainage or storm water as set out at clause 10.1
6.0 INTELLECTUAL PROPERTY
6.1 Any drawings or designs created by Triple Zero Plumbing for the Client, remain the property of Triple Zero Plumbing and shall only be used by the Client at Triple Zero Plumbing discretion and with written consent to do so.
7.0 CLIENTS DISCLAIMER
7.1 The client acknowledges that they have made their own independent enquiries hereby disclaims any right to rescind, 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 Triple Zero Plumbing and the Client acknowledges that he/she buys the services of Triple Zero Plumbing Plumbing relying solely upon his/her own skill and judgment and that Triple Zero Plumbing shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client and shall not be transferable to any subsequent Client.
8.0 UNDERGROUND SERVICES
8.1 The Client will indemnify Triple Zero Plumbing and keep Triple Zero Plumbing indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services provided by Triple Zero Plumbing which require excavation, underground work, removal of landscaping which are buried or unseen being disturbed or damaged. Triple Zero Plumbing will not be liable for any repair work and any repair work required will be paid at the Clients expense. Such liability, loss, claims or proceedings includes but is not limited to a) Damage to the property, real or personal; b) Death or personal injury; and c) Consequential or economic loss of any kind.
9.0 ROCK and FILLED GROUND
9.1 Unless specifically included in written quotes and/or estimates, rock excavation, dewatering or supportive work such as pier and beams for filled or made up ground will be charged out as a variation to the original price. Quotation is based on excavation of clean soils only, unless otherwise specifically stated in writing.
9.2 Existing soils shall be returned to excavated areas where possible and ground shall left filled. Landscaping and concrete works are not included in quotation unless specified be in writing. All concrete, paving and landscape works including shrub / plant and lawn replacement will be treated as a variation as set out in 2.5 of this document.
10.0 DRAINS AND SEWER
10.1 The Client understands that the presence of plant/tree root growth and/or blockages generally indicates damaged pipes. Additionally, the Client agrees that blocked drains, sewer pipes and 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.
10.2 The Client acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at Triple Zero Plumbing’s 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 imposed. The Client will be informed of cost prior to use and consent obtained.
10.3 Should any Plumber’s equipment become lodged or damaged in the customers drain it will be removed and / or repaired at the Clients expense (includes materials, parts and labor) or monetary compensation to the total replacement of same or higher quality value will become payable to Triple Zero Plumbing immediately.
11.0 DISPUTE RESOLUTION
11.1 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 adequately identifying and providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.
11.2 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.
11.3 Any arbitration shall be: Referred to VCAT
12.0 COMPLIANCE WITH LAWS
12.1 The Client and Triple Zero Plumbing shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
12.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the works (councils or other governing agents).
12.3 The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation for the State of Victoria.
13.0 GENERAL
13.1 The client agrees to Triple Zero Plumbing using their personal information for marketing purposes and gives Triple Zero Plumbing permission to send out future advertising material
13.2 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.
13.3 Triple Zero Plumbing does not accept any responsibility for damage to property during works being carrying out.
13.4 The Client acknowledges that works to be carried out by Triple Zero Plumbing may require Triple Zero Plumbing to dig or excavate and may affect the current landscaping to the client’s property. The Client agrees that it will not hold Triple Zero Plumbing Liable for any loss or damage incurred arising from services provided by Triple Zero Plumbing which require excavation, underground work, removal of landscaping.
13.4 Triple Zero Plumbing shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labor hire, machinery or materials outside the direct control of Triple Zero Plumbing.
13.5 In the event of any breach of this contract by Triple Zero Plumbing the remedies of the Client shall be limited to damages. In so far as is applicable by law, Triple Zero Plumbing’s liability shall not exceed the Price of the Goods.
13.6 Triple Zero Plumbing reserves the right to review and make changes to these terms and conditions at any time.
13.7 These terms are governed by the laws of the State of Victoria.
13.8 If Parts or all of any provisions of these terms that are illegal or unenforceable may be severed from these terms and the remaining provisions of these terms continue in force.