1. Definitions
Contract means the terms on this website and the terms in any Quote or Invoice. The terms in a Quote or Invoice prevail over the terms on this website to the extent of any inconsistency.
PPSA means the Personal Property Securities Act 2009 (Cth) and words and phrases that have defined meanings in the PPSA have the same meaning as in the PPSA unless the context indicates otherwise.
Quote means a document scoping the goods and services to be supplied to You.
Invoice means a document scoping the goods and services supplied to You.
Work means the provision of services, the supply of goods and the installation of goods.
Normal Hours means between the hours of 7.30am and 4.30pm on Monday to Friday, except when those days occur on a Public Holiday.
After Hours means outside the Normal Hours, including on Saturdays and Sundays and on Public Holidays.
We, Us and Our means Kalamunda Plumbing & More.
You means a person requesting and engaging Us to do Work.
2. The Contract
2.1 The Contract is between Us and You. The Contract will apply to future Work unless You and We agree otherwise.
2.2 If We are engaged by an agent of Yours, or if You engage Us as an agent of another person, both You and any agent:
(a) warrant that the agent has authority to accept this Contract;
(b) are jointly and severally liable; and
(c) will indemnify Us against the non-payment of invoices and any other amounts by the principal.
2.3 You accept this Contract by:
(a) signing an Invoice;
(b) signing a Quote;
(c) making any prepayment or paying a deposit;
(d) communicating acceptance of an Invoice;
(e) communicating acceptance of a quote;
(f) You instruct Us to do the Work; or
(g) anything consistent with permitting Us to do the Work.
3. Work, pricing and payment
3.1 Call out and scoping
- Unless You and We agree otherwise, We may charge You a call out fee to come to site to determine the scope of the Work.
- Unless You and We agree otherwise, We may charge You a diagnosis fee or fault finding fee to determine the scope of the Work.
- You invited Us to Quote for the scope of the Work, including Work which may be beyond Your original expectations, and You invited Us to agree to proceed while on site and You invited us to agree to proceed at a future time.
3.2 Quotes
(a) We will usually provide You with a Quote setting out the Work and either an estimate of the price or a fixed price.
(b) A price or estimate in any Quote is valid for 30 days. An estimate in a Quote is not a representation of the final price.
3.3 Doing the Work
(a) We may use employees, contractors and sub-contractors to do the Work as We see fit.
(b) You agree not to directly engage Our employees, contractors or sub-contractors to do the Work for You, or any other Work they may identify, without first consulting with Us.
(c) We agree to carry out the Work in accordance with Australian Standards, Installation Codes, Utility Bylaws, Manufacturer’s Requirements and OH&S Requirements.
3.4 Pricing
Unless You and We agree otherwise, We price and estimate the Work as follows:
(a) Goods and Services Tax will apply;
(b) goods, parts and supplies at their recommended retail price, plus GST. Where goods, parts and supplies do not have a recommended retail price, the final price will be at our discretion;
(c) contractors and subcontractors services, including goods, parts and supplies will be priced at a rate of net plus 15%;
(d) Work and travel at our current hourly rate, charged in 15 minute blocks (or parts thereof);
(e) After Hours rates, where We are required to attend outside the Normal Hours of 7.30am and 4.30pm on Monday to Friday;
(f) late notice cancellation fee of $150, plus GST, where You cancel the Work less than 24 hours before the time We agreed to be on site; and
(g) we include all Statutory, Manufacturer’s and Company Warranties, including warranties imposed under the conditions of our Trade Licenses.
3.5 Pre-payment and deposits
(a) We may require a prepayment or deposit from You. Any prepayment or deposit will be applied against a future invoice or be forfeited in accordance with this Contract. If We do receive a pre-payment or deposit by the time required or at all, We will consider that You have not instructed Us to proceed.
(b) We may have to purchase special items for the Work. Notwithstanding anything else in this Contract, if You terminate this Contract or cancel the Work after We have agreed to pay for the special items, You will pay Us the cost of those special items.
(c) If You cancel the Contract or the Work without giving reasonable notice, We may terminate the Contract, refuse to provide the Work and keep any deposit or prepayment. If We cancel the Contract, We will refund any prepayment or deposit less any money owing.
3.6 Progress Payments
We may make a reasonable request for a progress payment on account of Work already done, and You agree to pay that progress payment following receipt of an invoice.
3.7 Invoices and payments
(a) All amounts are due and payable, at the latest, on the completion of the Work.
(b) You are not obliged to pay until We provide You an invoice. An invoice is due and payable on the day We send or give them to You, unless agreed otherwise in writing.
(c) Any amount on an invoice or Quote is inclusive of GST unless stated otherwise.
(d) We may charge interest on any late payments at 12% per annum, compounding daily. You indemnify Us against any costs of seeking to recover late payments, including legal costs on an indemnity basis.
(e) Payments will be applied against, in order, any outstanding costs of recovery, then interest on late payments, then fees, then supply of services, then any goods installed or delivered by Us, and then any other amounts. Payments will otherwise be applied against older amounts outstanding before newer amounts outstanding.
4. Site
4.1 We will endeavour to be at the site where We will Work at the time You and We agree. We will not be liable to You for being late.
4.2 You must ensure We have clear, safe and uninterrupted access to the site where We will Work.
4.3 You must accurately answer any questions about the site where We will Work. You must inform Us of the precise location of all services in the area where We will Work, whether above ground, underground, in floors, in walls or in ceilings, and whether electrical services, gas services, sewer services and connections, sewer sludge mains, water mains, fire sprinklers and services, pumping services, irrigation, power cables, data cables and telephone cables.
4.4 You, or someone appointed by You must be on site at all times while We are, in order to provide answers questions, authorise and confirm completion of Work, including by signing documents prepared by Us for any of those purposes.
4.5 You warrant that You have all permissions, approvals and licences for Us to do the Work.
5. Retention of title and security
5.1 Title to Goods
(a) The risk of loss of, or damage to, any items pass to You on delivery or installation.
(b) Title to any items delivered to You or installed for You will not pass to You until You have paid all amounts that You owe to Us in full.
(c) We consent to You selling or otherwise disposing of the items installed in the ordinary course, once You have paid all amounts that You owe to Us in full.
5.2 Dealing with Goods
Until You have paid Us in full, You must:
(a) store any items delivered by Us but not installed separately stored and marked as Our property;
(b) not create or allow any interest in, or dispose or part with possession of, items delivered or installed by Us; or
(c) not allow any items delivered or installed by Us to become an accession to or commingled with any other property.
If any of these occur, You must notify Us immediately.
5.3 Proceeds
If You sell or dispose of any items We have delivered or installed before You have paid for them in full, You must hold the proceeds of the sale or disposal on trust for Us to secure payment of the amount You owe Us. You must pay all monetary proceeds, up to the amount owed, into a separate account until they are paid over to Us, and must not mix them with any other amount or use them to pay a debt.
5.4 Recovery of goods
If You do not pay Us the full amount when due, We may:
(a) re-take possession of the items We have delivered or installed. We may enter any land or premises for the purpose of re-taking possession. If We retake possession of any Goods, We will deal with them as We think fit; and
(b) place a charge over the land on which We have installed any items for any amounts outstanding.
5.5 Accessions and commingling
If any items delivered or installed by Us become an accession to or other property or become part of a product or mass, then Our security interest continues in the other property, product or mass.
5.6 Consent to registration
You consent to Us perfecting any security interest that We consider this Contract provides for by registration under the PPSA. You agree to do anything We reasonably ask to ensure that the security interest is enforceable, perfected and otherwise effective and has priority over all other security interests.
(b) You consent to Us lodging a subject to claim caveat over the land on which We have installed any items.
5.7 Waiver of notices and information requests
To the extent the law permits, You waive Your right to receive any notice required by the PPSA. You agree not to make any request of Us under section 275 of the PPSA.
5.8 Enforcement of security interest
(a) To the extent the law permits, We need not comply with, and You may not exercise rights under, any provisions of Chapter 4 of the PPSA that may be contracted out of.
(b) If We exercise a right, power or remedy in connection with this Contract or a security interest, that exercise is taken not to be an exercise of a right, power or remedy under the PPSA unless We say otherwise at the time of exercise.
5.9 Disclosure
Neither You nor We will disclose any information of the kind mentioned in section 275(1) of the PPSA under section 275(4) of the PPSA unless section 275(7) of the PPSA applies.
6. Termination
6.1 You or We may terminate this Contract and/or cancel any Work where We are unable to Work due to circumstances outside the reasonable control of You or Us.
6.2 You may terminate this Contract and/or cancel any Work:
(a) by notice (including by email) at least 24 hours before We are to commence Work, with any prepayments or deposits refunded; and
(b) where We notify You that We are unable to Work due to circumstances beyond Our reasonable control.
6.3 We may terminate this Contract and/or cancel any Work where:
(a) where You have breached a term of the Contract;
(b) where You have not paid an amount by the time it is due; or
(c) where We consider the site We are to Work is not safe.
6.4 If this Contract is terminated or the Work cancelled, You are liable for any amounts agreed and, where not agreed, a reasonable amount for the Work done prior to the cancellation. If, after that, We have any deposit or prepayment in respect of the Work, We will return that to You.
7. Limitation of liability and indemnity
7.1 To the extent permitted by law:
(a) any terms implied by law or legislation are excluded;
(b) Our liability to You for Work which is defective is limited to replacing, resupplying or refunding (at Our election) the defective part of the Work;
(c) Our liability to You, whether arising in contract, tort, negligence, breach of statutory duty or otherwise is limited to the amount paid for the Work; and
(d) We are not liable to You for any indirect or consequential loss, including economic loss, loss or revenue, profits, business or goodwill whether arising in contract, tort, negligence, breach of statutory duty or otherwise.
7.2 You warrant that You have insurance to cover damage to property caused by water ingress, sewage ingress, accidental damage to services and property, and such other insurance as a prudent person would have. We are not liable to You to the extent any loss or damage is covered (or capable of being covered) by Your insurance. You indemnify Us to the extent such loss or damage is not covered by Your insurance.
7.3 You will indemnify Us against all loss and damage suffered by Us arising out of a breach of this Contract.
8. Privacy
8.1 You authorise Us to make any and all enquiries necessary to determine Your creditworthiness, including by using, disclosing and collecting Your personal information for the purpose of credit reference checks.
9. General
9.1 The Contract is governed by the laws in the State of Western Australia. You and We submit to the non-exclusive jurisdiction of the courts of Western Australia.
9.2 We own all intellectual property rights in any plans or designs provided or developed by Us. We licence the right to use that intellectual property to You for purposes consistent with this Contract. We may revoke that licence at any time.
9.3 Any term of this Contract which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this Contract is not affected.
9.4 This Contract may only be varied in writing by clear terms agreed by You and Us.
9.5 You may not assign this Contract without Our written consent.
9.6 No waiver of a right or remedy under this Contract is effective unless it is in writing and signed by the party granting it. A single or partial exercise of a right or remedy under this Contract does not prevent a further exercise of that or of any other right or remedy. Failure to exercise or delay in exercising a right or remedy under this Contract does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
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