In this agreement, the term "Plumber" refers to Titan P.G.E., and the term "Client" refers to the individual or entity identified on the front of the invoice or their authorized representative. The term "Goods" refers to the products supplied by Plumber to Client pursuant to this agreement.
The term "Intellectual Property Rights" means any and all intellectual and commercial property rights, including but not limited to copyrights, trademarks (whether registered or unregistered), designs, patents, confidential information, knowledge, and trade secrets, regardless of whether they exist now or in the future, and whether they are registered or registrable. This definition also includes any applications for and rights to apply for registration of such rights, as well as any renewals and extensions of those rights.
An "Order" is an instruction placed by the Client with Plumber for the supply of Goods and/or Services, whether or not Plumber has provided an estimate or quotation for the supply of such Goods and/or Services. A "Quotation" is a documented breakdown or estimate of the cost required to complete an Order placed by the Client with Plumber for the supply of Goods and/or Services. Quotations and estimates are converted into an invoice based on verbal, written, or digital acceptance.
The term "PSA" refers to the Personal Properties Securities Act 2011 (Cth).
The "Price" of Goods and Services is the amount set out in the Plumbers tax invoice, and includes Goods and Services Tax (GST), postage, handling, freight, and any other charges that affect the cost of Goods or Services.
The term "Services" refers to the work conducted by Plumber on behalf of the Client under this agreement, including any time allocated to perform such work, as well as any goods supplied in connection with such work.
1. Unless previously withdrawn, any quotation issued by Plumber will remain valid for acceptance by the Client for a period of 7 days from the date it is generated. Plumber reserves the right to refuse any Order placed by the Client at any time through verbal, written, or digital notification, up until the end of business on the date that the Order is scheduled to be fulfilled.
2. Any quotation provided by Plumber is based on the professional estimation of existing drainage, sewer pipes, water, or gas lines, and electrical cables. If it is discovered that the actual conditions differ from those estimated or if they are inaccessible or unusable in their present state, Plumber reserves the right to vary the quotation accordingly.
3. Once an Order has been accepted by Plumber, the Client cannot cancel it without the express consent of Plumber. In cases where Plumber has already ordered goods from a third party, cancellation will only be possible if Plumber can return the goods to the third party at no loss to Plumber. If goods are unable to be returned and Plumber is unable to complete the Order due to the Client's actions and cancellation, the Client will be held liable for all costs of goods and services already ordered and/or supplied for the Order.
4. Plumber reserves the right to cancel the supply of Goods or Services, or any part thereof, at any time after accepting an Order, and shall not be liable for any loss or damage suffered by the Client as a result of such cancellation.
5. Any change or variation to the Goods or Services provided under the Order or any additional work conducted by Plumber will be charged at Plumber's standard rates and shown as variations in the Plumbers tax invoice.
1. The final Price displayed on the Invoice issued by the Plumber is accurate and reflects the goods and services provided to the Client, subject to the conditions stated in 2.5, 3.3, and 3.4. Unless otherwise agreed in writing by the Plumber, the full Price is payable without deduction upon completion of the Goods or Services. Payment is due on the date of Invoice or on the date of completion of the work, unless otherwise agreed in writing by the Plumber. Deposits or part payments/instalments requested by the Plumber are to be made on the dates specified in the Quotations and Invoices, subject to the conditions stated in 2.5, 3.3, and 3.4.
2. If the supply of Goods or Services is on account, the Client must have submitted a credit application approved in writing by the Plumber. Payment must be made in accordance with the terms of the approved account application.
3. The Plumber reserves the right to charge interest on any overdue amounts at the rate of 3% per annum above the then current cash rate target of the Reserve Bank of Australia, calculated daily from the day the payment became due until the day of full and final payment.
4. The Client agrees to pay the Plumber any expenses, including legal costs, incurred in collecting any outstanding debts due by the Client to the Plumber.
5. Payments must be made using one of the Plumber’s accepted payment methods at the time when the Price is due. If payment is not made by cash, then payment will not be deemed to have occurred until the full Price has been cleared and is available for the Plumber's use.
1. The Plumber will supply Goods and Services to the Client’s address as specified on the quotation, unless the Client notifies the Plumber of a different address.
2. The Client is responsible for ensuring that there is clear, safe, and adequate access to the area where the Goods are to be delivered and/or Services rendered. The Plumber will not be held liable for any loss or damage suffered by the Client or their property due to inadequate access. The Client will be responsible for any loss or damage suffered by the Plumber due to delays, whether known or unforeseen, and will be charged at the Plumber’s standard rates, which will be shown as variations in the Plumber’s tax invoice.
3. The Plumber may deliver Goods or Services in instalments. If separate invoices are raised for each instalment, the Client must pay each invoice in accordance with the terms of this agreement and is not entitled to wait until all instalments have been supplied.
4. While the Plumber will use their best efforts to supply Goods or Services in accordance with the quotation, the Plumber will not be held liable for any delay in the supply of the Goods or Services, regardless of the reason, including negligence by the Plumber.
5. If the Client postpones the supply of Goods or Services, or if the delay is due to the Client's inaction, an additional fee may be charged by the Plumber. This fee will form part of the Price and will be charged at the Plumber’s standard rates, which will be shown as variations in the Plumber’s tax invoice.
6. In the event that the Client has not fulfilled their Payment obligations, the Plumber reserves the right to recover Goods supplied by accessing the area where the Goods or Services were rendered, provided there is clear, safe, and adequate access. This action will be charged at the Plumber’s standard rates for recovery of Goods and will be shown as variations in the Plumber’s tax invoice. The Plumber will take care to minimize any disturbance or damage to surrounding areas, including walls, ceilings, floors, garden beds, and paint. Any repair or restoration required after the recovery of the Goods will not be covered by the Plumber and must be conducted at the Client's cost.
7. If the Plumber is unable to recover the Goods supplied and installed at the Client’s address in a reasonable manner, the Plumber reserves the right to seek 3rd party action, legal counsel, or take other means to restrict or deny services to the Client until the outstanding Price has been settled.
1. The Plumber shall not be liable for any loss or damage to the Goods after they have been delivered to the Client's address as specified in the quotation or any other address as notified to the Plumber by the Client. The Client shall bear the risk of loss or damage to the Goods from the time of delivery.
2. The Plumber shall retain ownership of the Goods until payment is received in full from the Client. In the event that payment is not received or is declined for any reason, the Plumber reserves the right to reclaim the Goods from the Client's possession, custody or control, even if they have already been delivered to the Client or removed from the delivery address. The Plumber reserves the right to sell or dispose of the Goods at its discretion.
1. Upon delivery of Goods, the Client must inspect them within 48 hours to ensure they are not damaged or defective.
2. If any Goods are found to be damaged or defective, the Client must immediately notify the Plumber in writing, providing details of the issue. The Client must also comply with all reasonable directions given by the Plumber in relation to the handling of the Goods.
3. It is important to note that nothing in this clause 6 is intended to limit or affect any guarantees which are implied into the agreement by law.
4. The Plumber will not be held liable for any damage that occurs after the Goods have been delivered to the Client, or for any damage caused by the Client's improper handling, storage, or other negligent act relating to the Goods.
1. The Client acknowledges that some Goods may be subject to a manufacturers’ warranty and agrees to comply with the terms of such warranty in the event that there is a defect in the Goods.
2. To the extent permitted by law, this agreement excludes all terms, guarantees, warranties, representations or conditions that are not expressly stated in this agreement. If the Plumber is liable for a breach of an implied term, guarantee, warranty, representation or condition of warranty, the Plumber’s liability is limited, at the Plumbers’ discretion, to:
1. the replacement of the Goods or the supply of equivalent goods;
2. the repair of the Goods;
3. the payment of the cost of replacing the Goods or acquiring equivalent goods; or
4. the payment of the cost of having the Goods repaired or having the Services supplied again.
3. To the extent permitted by law, the Plumber will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or loss of data arising out of or in connection with the Goods or Services, including as a result of the late or non-supply of the Goods, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.
4. To the extent permitted by law, the Plumber will not be liable for any costs incurred by the Client in removing the Client's own or supplied faulty Goods. The removal and reinstallation of Client-supplied Goods may incur an additional fee, which will be added to the Price and charged by the Plumber at the Plumbers’ standard rates. Such fees will be shown as variations in the Plumbers’ tax invoice.
1. The Plumber shall not be liable for any failure or delay in performing its obligations under this agreement where such failure or delay is due to circumstances beyond its control, including but not limited to acts of God, war, civil unrest, fire, flood, drought, governmental regulations, power failure, labour disputes or strikes, telecommunications or internet failure, or supplier or transportation difficulties.
2. The Client acknowledges that the Plumber is not responsible for any delays or additional costs incurred due to unforeseen circumstances such as the discovery of hidden or pre-existing damage, the need for additional work or materials, or changes to the scope of work requested by the Client.
3. This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements between the parties relating to such subject matter, whether written or oral.
4. Any variation of this agreement must be in writing and signed by both parties.
5. This agreement shall be governed by and construed in accordance with the laws of the state or territory in which the work is carried out, and the parties submit to the exclusive jurisdiction of the courts of that state or territory.
6. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.
1. All drawings, specifications, diagrams, or any other materials created by the Plumber for the purpose of supplying the Goods or Services are owned or exclusively licensed by the Plumber and are protected by intellectual property laws.
2. The Client warrants that any drawings, specifications, diagrams, or any other materials supplied to the Plumber do not infringe on the Intellectual Property Rights of any third party.
1. Blocked Drains: The Client acknowledges that the presence of plant root growth and blockages is often indicative of damaged pipes that may require repair or replacement. If the Client does not authorize the Plumber to conduct such repair or replacement work, the Plumber cannot guarantee that the same or similar problems will not recur. In the event that any of the Plumbers' equipment becomes lodged or is damaged while in the Client's pipes or drains, the Client agrees to pay the costs of removal of the equipment, including any necessary excavation and restoration work.
2. Rock and Filled Ground: Unless otherwise agreed, the supply of Goods and Services does not include the excavation, relocation, repair, or removal of any rocks, surfaces, or other obstructions that may be necessary for the Plumber to supply the Goods or Services. The Plumber reserves the right to apply an additional fee, which will form part of the Price, and will be charged by the Plumber at their nominated rates, as shown on the Plumbers tax invoice.
3. Restoration: The Plumber will take care when supplying the Goods or Services to minimize any disturbance or damage to surrounding areas, including walls, ceilings, floors, garden beds, and paint. Any repair or restorations required after the supply of the Goods or Services is not included in the Plumbers' quotation and must be conducted at the Client's cost.
4. Leak Detection: Leak detection services are provided using audio and gas to pinpoint leaks. The services are most effective in quiet environments without any background noise from rain, wind, garden equipment, or traffic. If there is too much background noise or scheduled weather conditions, the Plumber may postpone the services. The gas used to pinpoint the leak works in copper and polyurethane pipes. Push-on fittings used in pipes may not be rated for gas and may affect the results.
1. The quotation provided by the Plumber is based on a visual inspection of the Client's premises. However, the actual nature or extent of the Goods or Services to be supplied may not become apparent until work commences. The Plumber reserves the right to vary the quotation once the supply of Goods or Services has commenced.
2. In the event that the Plumber deems it necessary to vary the quotation, the Plumber will promptly notify the Client of the additional Goods or Services to be supplied and the estimated new Price. The Client is required to notify the Plumber before work commences or within 7 days, whichever occurs sooner, if it chooses not to proceed with the revised quotation. However, the Client shall remain liable to pay the Plumber for all Goods and Services supplied up to that date.
1. Either party has the right to terminate this agreement immediately by providing written notice to the other party in the following circumstances:
1. If the other party breaches a material term of this agreement that is capable of being remedied and fails to remedy the breach within 7 business days after being given written notice of the breach;
2. If the other party breaches a material term of this agreement which cannot be remedied;
3. If the other party is unable to pay its debts as they become due, commences negotiations for a general rescheduling of its indebtedness, enters into a scheme of arrangement or composition with its creditors, or takes any corporate steps for its winding up or the appointment of a receiver, administrator or official manager over any of its revenue and assets.
2. If the Client terminates this agreement for any reason whatsoever, the Client must immediately pay the Plumber for all the Goods or Services already ordered from, or supplied by the Plumber. Additionally, the Client is responsible for ensuring that its premises are secured and safe until completion of the work by a third party.
1. The Plumber shall procure and maintain all necessary insurance policies related to the provision of Goods and Services, as well as any other insurances that may be required by law
1. Any notice given under this agreement must be in writing and sent to the recipient at the address specified in the beginning of this agreement or at any other address as notified from time to time.
2. If the performance of this agreement or any obligation under it is prevented, restricted, or interfered with by any reason beyond the control of either party, including but not limited to acts of God, fire, lightning, flood, other natural disasters, subsidence, power or gas shortage, inability or delay in obtaining any necessary local government approvals, consents or permits, or any industrial dispute of any kind, the affected party must promptly notify the other party and will be excused from such performance to the extent of such prevention, restriction, or interference.
3. This agreement constitutes the entire agreement between the parties and can only be amended, supplemented, or waived in writing signed by both parties. The failure of either party to enforce or the delayed by either party in enforcing any of its rights shall not be deemed a continuing waiver or modification of this agreement.
4. This agreement is governed by the laws of South Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of South Australia.
5. If any clause or part of the clause is illegal, unenforceable, or invalid, that clause or part shall be treated as removed from this agreement, and the rest of the agreement shall not be affected.
6. The Plumber may license or subcontract all or any of its obligations or rights without the Client's consent.
Published 19th May 2022