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Terms and Conditions

TERMS AND CONDITIONS

 FASTWAY PLUMBING PTY LTD | ACN: 618 352 739 | Licence No. 317117C

 The following Terms and Conditions are between you, the ‘Customer’, and FASTWAY PLUMBING PTY LTD the ‘Contractor’ to perform services as authorised. By accepting the quote provided, I recognise that I am legally obligated to adhere to the terms and conditions provided by FASTWAY PLUMBING PTY LTD including the terms of payment. The Contractor reserves the right to amend these Terms and Conditions without notice and at their discretion.  Any changes will be in effect immediately once the Customer is notified of the change.

1. Definitions 

ACL means Australian Consumer Law 

Agreement means these Terms and Conditions of Trade. 

Customer means the person/s engaging the services as specified in any Agreement, Invoice, Purchase Order or Quotation, and if there is more than one Customer is a reference to each Customer jointly and severally. This includes the executors, administrators, successors and permitted assignees of that person or company.

Goods means all Materials or Services supplied by the Contractor to the Customer at the Customer’s request from time to time in accordance with this Agreement (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

Contractor means FASTWAY PLUMBING PTY LTD, its successors and assignees or any person acting on behalf of and with the authority of FASTWAY PLUMBING PTY LTD.

Third Party means any company providing finance to the customer by way of a payment plan for the payment of the Invoice. 

 

2. Sole Terms

(i) These terms of sale apply to all transactions between any person or entity (“the customer”) proposing or enquiring to engage the services from FastWay Plumbing Pty Ltd (“the contractor”) or purchasing or ordering any goods from the contractor and including all quotations, offers, orders and sales.

(ii) These terms will only be waived or varied in writing signed by the contractor.  These terms contain all the warranties and conditions given by the contractor in connection with goods supplied by the contractor and to the extent that the contractor may exclude any warranties or conditions which might otherwise be implied by any competent legislation then the contractor excludes from application all such implied warranties and conditions.

 

3. Call Out Fee

(i) A standard call out fee is charged upon dispatch of a Contractor to the premises between the business hours of 7am to 4pm, Monday to Friday. The call out fee is only waived once the quote has been accepted. The Customer is obligated to pay the fee by the end-of-day, if the quote is not accepted. 

(ii) If the quote is accepted within 7 days of being tendered, the standard call out fee is credited. 

(iii) The call out fee is to be non-refundable when dispatching a Contractor after standard business hours, for emergencies within or outside of standard business hours, Saturdays, Sundays, Holiday Periods and Public Holidays. 

(iv) The call out fee will be payable up front by way of payment over the phone where the customer will not be at the premises. 

(v) The call out fee will vary and increase outside of business hours, Saturdays, Sundays, Holiday Periods, Public Holidays or in the case of emergency and this will be payable up front prior to a dispatch and will be disclosed prior to attending.  

 

4. Quotation 

(i) As all materials the Contractor orders are exclusive and specific for each job, the acceptance of the Contractor’s quotation is defined as an order and request by the Customer to commence services and supply of any materials.  

(ii) Once a quotation has been issued, it remains valid for 7 days unless withdrawn by the Contractor, after which a revised quotation may be necessary. Any variation to quantities or requested services may result in a variation to the quotation and the quoted price.

(iii) Any alteration from the accepted order involving extra material costs or labour will only be undertaken upon a signed variation and will become an additional charge to this agreement.  The Contractor reserves the right to re-quote if work is not commenced within 30 days as a result of the customers delay.

(iv) A quotation is issued on the basis that the customer has accepted a fixed price quotation, and there will be no further particularisation or itemisation of a quotation.

(v) Any search and investigation fee will not form part of the call out fee. An additional charge will be assessed and quoted by the contractor upon their arrival and the costs for any search and investigation will then be disclosed to the customer prior to any works being undertaken to investigate any issue.  

(vi) Due to unforeseen circumstances which may arise during any search and investigation, this may and will likely result in additional charges for the costs of any technical charges to determine any fault, issue and problem with respect to any particular job.

 

5. Delivery times and Installation 

(i) The Contractor will always endeavour to deliver and install the products ordered for specified dates but cannot and will not be held responsible for material shortages supplied by others and/or delays for deliveries of materials. Failure to meet installation deadlines cannot be constituted as a breach of the agreement and will not enable the cancellation of this order by the customer. 

(ii) The installation times made known to the customer are estimates only.  The Contractor is not to be held in any way liable for any loss, damage or delay or liquidated damages or any setoff occasioned to the customer arising from late or non-delivery or late installation of the goods.

 

6. Engagement

(i) The Contractor will require the use of power, water and shelter whilst onsite, these utilities must be available for the duration of the job.

(ii) The Contractor may employ and use of Sub-Contractors to provide any services relevant to the work being performed. 

(iii) Sub-contractors engaged are qualified and licensed, and are technically capable of being able to carry out the work in the correct manner.

a) Sub-contractors engaged do not in any way, by omission or action, do or not do anything, which done by the Contractor would breach these Terms and Conditions.

b) Sub-contractors engaged have current relevant insurance policies. 

c) Sub-contractors engaged will be bound by the same delivery times and installation as Contractors as referred to in Clause 5(i) and Clause 5(ii) above. 

(iv) The Contractor is solely responsible for all fees payable to Sub-contractors.

(v) Where the Contractor requires access into a customer’s home, the customer must be present for the duration of the job. Where the customer is unable to be home for the duration of the job, the Contractor can work within the customer’s premises.

(vi) Theft or Vandalism – No responsibility is accepted for the cost associated with theft, vandalism or accidental damage done to our works by others whilst onsite. To the extent permitted by law, the Contractor is not liable for negligence or otherwise to any person, including the Customer, for any losses or damages including consequential losses incurred in relation to the services provided or products supplied.

(vii) Restoration - All care will be taken to minimise disturbance to surrounding surfaces, plants, turf, etc. The need to restore materials and carry out required works may, however, necessitate disturbances of surfaces. Our price does not cover any restoration work unless stated otherwise.

(viii) Excavation work - Unless specifically stated otherwise; 

a) Our price does not include relocating, repairing or removal of any services, rock or obstruction within the excavation that has not been identified by professional drawings.  

b) Any excavation over 1.5 metres in depth from the ground surface level will be charged as an extra including cost of trench supports and excavation machinery if required. 

 

8. Payment Terms

(i) Unless otherwise specified in writing, all work is strictly C.O.D.  All outstanding monies owed must be paid on the commencement of the completion of the installation.  If payment is not made then the contractor may remove all the installed materials until payment is made to it.  Unless otherwise stated all prices quoted by the contractor are net, exclusive of Goods and Services Tax (GST). 

(ii) The Customer will pay the full price of each order to the contractor as progress payments and progress payments are to apply as follows;

a) Upon executing the quote and order an amount of 50% of the price as the first progress payment; and

b) The balance of 50% of the price upon the commencement of the final installation and completion as the second progress payment.

c) The contractor may, at its absolute discretion, request further progress payments following the initial progress payment as it deems necessary.  

d) In the event that payment is not made the contractor may without demand retake possession of the goods and may without notice sell the goods on such terms and in such manner as it may determine and will be entitled to deduct all expenses incurred. For the purpose of recovering possession and without limiting the generality of the foregoing the Customer hereby irrevocably authorises and licenses the contractor and its servants and agents to enter upon any premises where any goods may be stored and to take possession of the goods.

(iii) Any progress payment amount paid is a form of acceptance of the Terms & Conditions of this contractual agreement.

(iv) Payment of the Contractors invoice is to be made by Credit/Debit cards (MasterCard/Visa), a surcharge of 2.5 per cent may be applied for such transactions, EFTPOS, electronic transfer to the bank account of the Contractor (in the case remittance advise must be presented in writing to the Contractor and given a copy or valid receipt number stated on the invoice) or cash.

(v) In the event that the customer enters into a payment plan with a third party, the customer acknowledges that there will be a minimum non-refundable deposit of the quoted works in the sum of 10%, made payable directly to the Contractor. 

(vi) The customer agrees and acknowledges that they will be bound by the terms and conditions of the third party if the customer owes the third party any money, the customer shall indemnify the Contractor from and against all costs and disbursements incurred by the third party in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client indemnity basis, the Seller’s Contract default fee, debt collection fees and bank dishonour fees).

 

9. Default & Consequences of Default

(i) If the Customer fails to make a payment when due, the Customer will pay to the Contractor interest on overdue invoices which shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of one and a half percent (1.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

(ii) If the Customer owes the Contractor any money the Customer shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client indemnity basis, the Seller’s Contract default fee, debt collection fees and bank dishonour fees).

(iii) Further to any other rights or remedies the Contractor may have under this contract, if a Customer has made payment to the Contractor by credit card, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 9 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this agreement.

 

10. Workmanship and Quality of Materials and Site

(i) The Contractor will at all times carry out the installation of your order in a tradesman like manner, however, we cannot be held responsible for any accidental damage caused by the installer.  The customer should ensure that all movable items are removed from and around the installation area/work area. All other items subject to damage should be either cleared or protected to enable our installer clear access for the work to be performed without hindrance.

(ii) The site is to be prepared and made ready by the customer and all rubbish and waste is to be removed by the client unless specified otherwise.

(iii) The contractor accepts materials only from suppliers who meet the highest industry standards. Thus, we cannot accept responsibility for minor imperfections eg. Slight colour variations of metal, when such occurrences are generally regarded as being within industry standards.

(iv) The Customer will inspect the goods immediately upon delivery to the Customer.

(v) The Contractor takes no responsibility on the workmanship and quality of the work of other trades not engaged by us. 

(vi) All claims against the contractor regarding the quality, nature, fitness, suitability, conformance with description or defects must be made in writing to the contractor within 7 days of the work to the Customer.

 

11. Limitation on Warranty  

(i) The Contractor warrants that all services performed by the Contractor or on behalf of the Contractor as authorised, including any products supplied by the Contractor as part of the service will be fit for its intended purpose and will perform in accordance with relevant specifications.

(ii) Products supplied by the Contractor are subject to manufacturer’s warranty and the contractor shall not be liable for any defect or fault. 

(iii) All statutory warranties, which can be lawfully excluded, are expressly excluded. 

(iv) Drain Blockages – No warranty applies. 

a) The presence of root growth or blockages from other external sources generally indicates damaged pipes. Simply removing the obstruction cannot necessarily rectify this damage. Hence there is no warranty relating to the event that blockages occur. 

b) In the event that a pipe previously cleared becomes blocked again at the time of the initial clearing of the pipe in question is carried out, further work undertaken to unblock the drain on a subsequent occasion will be treated as a contract.

c) In some circumstances drain clearing cables, hoses or fittings can become caught, lodge or break in drain pipes and costs associated with the removal and/or excavation of surfaces are the responsibility of the Customer BUT the Customer will not have to pay to repair any of our equipment. 

 

12. Limitation of Liability   

(i) The Customer indemnifies and keeps indemnified the Contractor, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against the Contractor or, for which the Contractor is liable, in connection with any Loss arising from or incidental to the provision of Goods or Services, any Order or the subject matter of these terms of trade.

(ii) This includes, but is not limited to, any legal costs incurred by the Contractor in relation to meeting any claim or demand or any party/party legal costs for which the Contractor is liable in connection with any such claim or demand.

(iii) This provision remains in force after the termination of these Terms and Conditions of Trade.

 

13. Retention of Title and Irrevocable Authority to enter and repossess goods upon non-payment event

(i) Notwithstanding delivery of the goods and materials, Title in the goods only passes to the customer upon receipt in full by the contractor of the purchase price for the goods.

(ii) Notwithstanding that title remains with the contractor until payment in full is received, the risk in the goods passes to the customer only upon delivery.

(iii) Until title in the goods passes to the customer:

a) The customer will hold the goods solely as bailee for the contractor and the customer will store the goods separately from its own goods and those of other persons and in such a manner as will clearly identify the product as the property of the contractor;

b) In the event that the customer fails to pay for the goods within the normal terms of trade of the contractor then the contractor may repossess the goods and the customer hereby irrevocably authorises and licenses the contractor to enter its premises or any other premises where the goods are stored at any time without notice and without liability for trespass or any resulting damage in order to inspect and/or remove and repossess the goods;

c) The customer hereby agrees not to cut, alter, affix or install the goods until title has passed to the customer; and

d) The contractor retains its rights as unpaid contractor in respect of the goods.

 

14. Security & Charge

(i) In consideration of the Contractor agreeing to supply the services, the Customer agrees to charge all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money). 

(ii) The contractor shall have the right to lodge a caveat over any real property to secure the charge referred to in 14.1 above and the customer consents to grant a caveatable interest by way of an equitable charge to protect and secure the payment of all monies owing to the Contractors. 

 

15. Occupational Health & Safety/Workplace Health & Safety 

(i) The Customer is to ensure that in the case that a service is to be performed on the Customer’s property, that the Customer is authorised to occupy these premises and obtain the services of the Contractor.

(ii) The Customer will ensure the property at all times is safe and that all facilities provided by the Customer in order for the Contractor to be able to perform the service are also safe.

(iii) The Customer will ensure that the Contractor will have unobstructed access to area/s of the property requiring service.

(iv) The Contractor will ensure that at all stages throughout performing the service/s that they use safe and correct procedures that all employees are properly supervised and training in relevant safety practises. Where protective materials, equipment and clothing are required, these will be supplied by the Contractor and will ensure that these are used correctly and at relevant times.

(v) The Contractors will at all times have current Workers Compensation Insurance and will, on request with prior notice, supply evidence to the Customer of the Insurance Policy Currency.

 

16. Cancellation

(i) No order may be cancelled except with the consent in writing and on terms which will indemnify the contractor against all losses.  If the contractor accepts the client’s cancellation, the client will be liable for a cancellation fee of 50% of the quoted fix price and any cost of the materials already ordered will become non-refundable. 

 

17. Severability and Proper law

(i) If any part of these terms is invalid or unenforceable, these terms do not include it. The remainder of these terms continue in full force.  These terms will be 

governed by and construed pursuant to the laws of New South Wales.

 

18. Amendments 

(i) The Supplier may amend the terms of this Agreement by: 

a) Giving the Customer notice in writing, including a copy of the amended terms; or 

b) Notifying the Customer that amended terms are available for review on the Suppliers Website.

(ii) In either case, the amended terms will apply to this agreement mutatis mutandum on and from the expiration of 30 days after the notice is given.

 

19. Acceptance  

(i) By signing this order for the purchase and installation of the products as quoted it is acknowledged of you the customer that you have read, understood and agreed to all the terms and conditions of this Agreement.

 

20. Jurisdiction/Force Majeure 

(i) It is agreed by the parties that these Terms and Conditions will be construed in accordance with the law of NEW SOUTH WALES and each party covenants that it submits to the jurisdiction of the Courts of NEW SOUTH WALES for the resolution of any dispute under the Agreement. 

(ii) Neither the Contractor nor the Customer shall be liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of the parties.

 

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