Terms and Conditions

2.1. These terms and conditions constitute a legally binding contract between the Client and the Contractor and apply to the ordering, purchase, fulfilment and delivery of Goods and the provision of all plumbing and other related Services from the Contractor (The “Terms”).
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2.2. By placing an order for Goods and Services from the Contractor or instructing the Contractor to undertake Services, you the Client acknowledges that you have read and that you accept these Terms.
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2.3. These terms and conditions may only be amended with the Contractor consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the client and the Contractor.
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2.4. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with section 14 of the Electronic Transactions (New South Wales) Act 2000 No 8 or any other applicable provisions of that Act or any Regulations referred to in that Act.

https://legislation.nsw.gov.au/view/html/inforce/current/act-2000-008

3.1 Unless otherwise limited as per clause 3.2 the Client agrees that should the Client introduce Any third party to the Contractor as the clients duly authorised representative, that once introduced that person shall have the full authority of the client to order any materials or works on the client’s behalf and /or to request any variation to the works on the clients behalf (such authority to continue until all requested works have been completed or the client otherwise notifies the Contractor in writing that said person is no longer the Client’s duly authorised representative.

3.2. In the event that the clients’ duly authorised representative as per clause 3.1 is to have only limited authority to act on the Client’s behalf then the Client must specifically and clearly advise the Contractor in Writing of the parameters of the limited authority granted to their representative.

3.3. The client Specifically acknowledges and accepts that they will be solely liable to the Contractor for all Additional costs incurred by the Contractor (including the Contractor’s profit margin) in providing any works, materials, Works or variation/s requested by the client’s duly authorised representative (subject always to the limitations imposed under clause 3.2 (if any).

4.1. The Contractor shall give the Client a Quote specifying the work required to be done in order to fulfil the Client’s instructions and provide an estimate of the Contractors’s charge for the performance of work as set out in the Quote.

4.2. All the Contractor Quotes are subject to inspection of the Site.

4.3. The Client must accept the Quote and work authorisation form (if any) by signing & returning the Quote and work authorisation form prior to the commencement of work by the Contractor..

4.4. Any Quote may be altered or withdrawn by the Contractor at their discretion prior to delivery of Goods or provision of Services to the Client. Quotes are valid for Thirty (30) days. In acceptance of the Quote, the Client warrants that it has not relied on any representation by the Contractor other than as supplied in writing in the Quote

5.1 The Client acknowledges that all descriptive specifications, illustrations, drawings, data, dimensions and weights stated in the Contractor fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by the Contractor.

5.2 The Client shall be responsible for ensuring that the Materials ordered are suitable for their intended use, as in some instances the Materials are made to order and the Contractor offers no refund, either partial or fully, in the event of any cancellation by the Client.

5.3 The Client acknowledges and accepts that the supply of Materials for accepted orders may be subject to availability and if, for any reason, Materials are not or cease to be available, the Contractor reserves the right to substitute comparable Materials (or components of the Materials) and vary the Price as per clause 7.2. In all such cases the Contractor will notify the Client in advance of any such substitution, and also reserves the right to place the Client’s order on hold until such time as the Contractor and the Client agree to such changes.

6.1 The Client shall give the Contractor no less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax numbers, or business practice). The Client shall be liable for any loss incurred by the Contractor as a result of the Client’s failure to comply with this clause.

7.1. The Contractor may request a deposit from the Client in the sum of no more than 10% of the amount set out in the Quote.

7.2. If a deposit is requested by the Contractor the Client acknowledges the Contractor is under no obligation to undertake any work until the deposit is received in full by the Contractor.

7.3. The Client must provide the Contractor with at least 14 days written notice of cancellation of works. Failure to provide such notice may result in the deposit being forfeited.

8.1. The price for Goods and Services will be either as stated in writing in the Quote or, if no written Quote is provided, as agreed and at maximum hourly rate of $200 per hour. Unless otherwise stated in writing, prices are exclusive of packaging, delivery costs (including insurance), GST or other applicable tax or levy, all of which will be further to the Client ’s account.

8.2. Unless the Contractor’s Quote provides for otherwise, the Quote does not include:(a) the supply of Goods and Services which are not noted in the Quote;(b) the removal of rubbish, waste, building materials and rubble (see also clause 19.1 Cleaning Dust).(c) repair work by other trades; or the(d) provision of cranes, scaffolding or other support structures.

Equipment
‍9.1. The Contractor may in some instances need to use additional specialised equipment to expedite completion of its work. The Client agrees to pay the additional cost described in should use of this equipment be required by the Contractor.

Gas Leaks
‍9.2. The Contractor is required by law for work involving gas installation or repair to test for gas leaks and repair any leaks it finds prior to commencement of work. Should the Contractor detect and be required to repair a gas leak at the Site before the commencement of work it may at its discretion charge an additional fee at its standard rate for time spent locating and repairing the leak. This fee is in addition to any amount charged under a Quote.

‍Failure to Provide Measurements
‍9.3. When the Contractor is engaged to undertake work where it requires the measurements of fixtures and units on the Site and it has notified the Client of this, the Client shall obtain and provide measurements of the fixtures and units on the Site at least 5 clear working days before the Contractor’s proposed work on the Site.

9.4. Should the Client fail to provide the Contractor with the appropriate measurements for the Site (as required by clause 7.2) the Client will at the Contractor’s discretion pay the Contractor an additional fee at its standard rate for time spent on obtaining the relevant measurements.

Other Variations may include:
‍(a) if a variation to the Materials which are to be supplied is requested; or
(b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, obscured site defects which require remedial work (including pest infestation, etc.), health hazards and safety considerations (such as the discovery of asbestos),prerequisite work by any third party not being completed, hard rock barriers below the surface, iron reinforcing rods in concrete, or hidden pipes and wiring in walls and ceilings, etc.) which are only discovered on commencement of the Works; or
(d) in the event of increases to the Contractor in the cost of labour or materials which are beyond the Contractor control.
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9.5 At the contractor sole discretion a deposit may be required.
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9.6 Time for payment for the Works being of the essence, the Price will be payable by the client on the date/s determined by the Contractor, which may be:
(a) on completion of the Works; or
(b) by way of progress payments in accordance with the Contractor specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is Seven 7days following the date of any invoice given to the Client by the Contractor.
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9.7 Payment may be made by electronic/on-line banking, credit card (plus a surcharge of up to two and half percent (2.5%) or by any other method as agreed to between the Client and the Contractor.
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9.8 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Contractor an amount equal to any GST the Contractor must pay for any supply by the contractor under this or any other agreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

10.1. The Contractor may at its discretion require immediate payment from the Client on completion of work. The Contractor has EFTPOS/Credit Card/Direct Deposit/cheque available.

10.2. The Contractor will issue the Client with an Invoice for the work completed in accordance with the Quote and if the Contractor has not sought immediate payment on completion of work in accordance with clause 7.1, the Invoice must be paid within seven (7) days of it being issued by the Contractor to the Client.

10.3. If full payment for the Goods or Services is not made on the due date, then without prejudice to any other remedies available to the Contractor. The Contractor will apply a $50 charge for every 5 days of non-payment.

10.4. The Client indemnifies the Contractor for all costs, expenses or losses incurred by the Contractor as a result of the Client’s failure to pay to the Contractor all sums outstanding as owed by the Client to the Contractor and including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment.

10.5. In the event that:
(a) the Quoted and agreed work is part of a renovation requiring plumbing at more than one stage;
(b) more than 2 months pass after the first stage of plumbing work; and
(c) the proportion of the Contract Price paid by the Client to the Contract is less than the proportion of the agreed work that has been completed by the Contractor. The Contractor can issue the Client an invoice of up to 80% of the Contract Price to reflect the percentage of the work that has been completed.

11.1 Subject to clause 9.4 it is the Contractor’s responsibility to ensure that the Works start as soon as it is reasonably possible.

11.2 The Works commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that the Contractor claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond the Contractor’s control, including but not limited to any failure by the Client to:(a) make a selection; or(b) have the site ready for the Works; or(c) notify the Contractor that the site is ready.

11.3 The Client must take delivery by receipt or collection of the Materials whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Materials as arranged then the Contractor shall be entitled to charge a reasonable fee for redelivery and/or storage.

11.4 The Contractor may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

11.5 Any time or date given by the Contractor to the Client is an estimate only. The Contractor shall not be liable for any loss or damage whatsoever due to failure by the Contractor to deliver the Works (or any part of them) promptly or at all, where due to circumstances beyond the reasonable control of the Contractor.

12.1 If the Contractor retains ownership of the Materials (under clause 10 Title) then:(a) where the Contractor is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on, or before, delivery. If any of the Materials are damaged or destroyed following delivery, but prior to ownership passing to the Client, the Contractor is entitled to receive all insurance proceeds payable for the Materials. The production of these terms and conditions by the Contractor is sufficient evidence of the Contractors rights to receive the insurance proceeds without the need for any person dealing with the Contractor to make further enquiries. If the Client requests the Contractor to deliver the Materials to an unattended location then such Materials shall be left at the Client’s sole risk. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by the Contractor, or the Contractor nominated carrier, to the Site (even if the Client is not present). At the Contractor’s sole discretion, any delivery costs shall be included in the Price; or (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain Workers’ Compensation and Public Liability Insurance for the duration of the Works. It is the Client’s responsibility to ensure that they are similarly insured.

12.2 Not withstanding the provisions of clause 12.1, where the Contractor requires that Materials, fittings and appliances, or plant and tools required for the Works be stored at the Site, the Client shall supply the Contractor a safe area for storage and shall take all reasonable efforts to protect all items from possible destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.

12.3 Where the Contractor is required to install the Materials the Client warrants that the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation (including but not limited to insufficient or defective foundations, walls or other structures not erected by the Contractor).

12.4 The installation of some appliances can cause water hammer or damage to existing pipe work. The Client agrees to indemnify the contractor against any such loss, damage or claim that may arise if the existing pipe work is unable to accommodate the installation of the Materials.

12.5 The Client agrees that in the event that the Contractor drain/pipe unblocking equipment becomes lodged or stuck whilst cleaning any blockages in the line and/or is damaged on the Client’s premises, the Client is responsible for the cost of repair,replacement and/or retrieval of said equipment.

12.6 The Contractor is not responsible for the removal of rubbish (including but not limited to contaminated soil stockpiling of excess spoil) from or clean-up of the building/constructions site/s. This is the responsibility of the Client or the Client’s agent. Under no circumstances will the Contractor handle removal of asbestos product.

12.7 The Client acknowledges that:
(a) The Contractor is only responsible for Materials that are replaced by the Contractor and does not at any stage accept any liability in respect of previous works and/or materials supplied by any other third party that subsequently fail and found to be the source of the failure;
(b) where the Client has supplied goods for the Contractor to complete the Works, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those goods; and
(c) The Contractor shall not be liable for any loss or damage to the Works (or any part thereof) howsoever arising where subclauses (a) and (b) applies.

12.8 The Client acknowledges that the presence of plant or tree root growth and/or other blockages may indicate damaged pipe work and therefore where the Contractor is requested to merely clear such blockages, the Contractor can offer no guarantee against reoccurrence or further damage. In the event of collapse during the pipe clearing process, the Contractor will immediately advise the Client of the same and shall provide the Client with an estimate for the full repair of the damaged pipe work.

12.9 The risk in the Goods shall pass to the Client upon delivery/installation of the Goods to the Client or to a third party nominated by the Client.

12.10 Delivery of the Goods shall be made to the Client’s nominated address. The Contractor shall not be liable for any loss or damage whatsoever due to the failure by the Contractor to deliver the Goods (or any part of them) promptly or at all.

13.1 The Contractor and the Client agree that ownership of the Materials shall not pass until:
(a) the Client has paid the Contractor all amounts owing to the Contractor; and
(b) the Client has met all of its other obligations to the Contractor.

13.2 Receipt by the Contractor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

13.3 It is further agreed that:
(a) until ownership of the Materials passes to the Client in accordance with clause 13.1 that the Client is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to the Contractor on request.
(b) the Client holds the benefit of the Client’s insurance of the Materials on trust for the Contractor and must pay to the Contractor the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed.
(c) the production of these terms and conditions by the Contractor shall be sufficient evidence of the Contractors rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with the Contractor to make further enquiries.
(d) the Client must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Materials then the Client must hold the proceeds of any such act on trust for the Contractor and must pay or deliver the proceeds to the Contractor on demand.
(e) the Client should not convert or process the Materials or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Contractor and must sell, dispose of or return the resulting product to the contractor as it so directs.
(f) unless the Materials have become fixtures the Client irrevocably authorises the Contractor to enter any premises where the Contractor believes the Materials are kept and recover possession of the Materials.
(g) the Contractor may recover possession of any Materials in transit whether or not delivery has occurred.
(h) the Client shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials while they remain the property of the contract.
(i) the contractor may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials has not passed to the Client.

13.4. Notwithstanding the delivery or installation of the Goods, title in any particular Goods shall remain with the Contractors until the Customer has paid and discharged any and all monies owing pursuant to any invoice issued by the Contractor for the Goods, including all applicable GST and other taxes, levies and duties.

14.1. The Client shall ensure that the Contractor has clear and free access to the work site at all times to enable them to undertake the Works. The Contractor shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the Contractor.

14.2. The Client shall indemnify the Contractor from any costs incurred or penalties if the Contractor is unable to make delivery due to Site access or if the completion of the work is delayed due to interrupted Site access.

15.1. The Contractor shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour hire, machinery or materials outside the direct control of the Contractor.

15.2. Should work at the Site be held up for reasons beyond the Contractor’s control, then the Client shall indemnify the Contractor from any increased costs, losses or expenses due to such prolongation.

16.1. When the Contractor is engaged to undertake underground plumbing work, the Client shall obtain plans of underground pipes and cables on the Site at least two clear working days before the Contractor’s proposed work on the Site.

16.2. Should the Client fail to provide the Contractor with the appropriate plans for the Site as required by clause 16.1, the Client will indemnify the Contractor from any claim for costs, expenses or losses from a third party for any damage to third party property, including the asset owner.

16.3. Prior to the Contractor commencing any work the Client must advise the Contractor of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.

16.4 Whilst the Contractor will take all care to avoid damage to any underground services the Client agrees to indemnify the Contractor in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 16.1.

17.1. The presence of plant/tree root growth and/or blockages generally indicates damaged pipes. No warranty is provided in relation to future blockages reoccurring in such instances.

17.2. There shall not be a warranty provided once a drain has been unblocked and deemed clear.

17.3. Should any of the Contractor’s equipment become lodged in the Client’s faulty drain it will be removed at the Client’s expense or monetary compensation to the total replacement value will become payable to the Company within SEVEN (7) days.

18.1. It is the Client’s responsibility to check that the hot water unit will suit the purpose of the electrical supply and usage at the premises for performance. After the quote is accepted and a unit is installed there will not be a refund for the unit if a different unit is chosen in place.

19.1. It is the responsibility of the Client to ensure that all necessary permits, permissions or authorisations are obtained for the work carried out on Site.

20.1. While the Contractor will make reasonable efforts to clean and minimise dust left at the Site at the completion of its work, the Client acknowledges there may be some dust remaining at the Site. The Contractor can arrange for additional professional cleaning of the Site at the request of the Client for an additional cost.

21.1. It is the responsibility of the Client to ensure any pets at the Site are appropriately enclosed and the Contractor will not be held responsible or liable for the escape of any pets at the Site.

22.1. In some instances the installation of a new mixer and/or any valve can cause water hammer to the existing plumbing at a Site and cannot be predicted by the Contractor. In the event water hammer does occur after installation of a mixer and/or any valve by the Contractor and major work is required to remedy if the Contractor may charge the Client additional costs for this work.

23.1. Any warranty as to the Goods shall be limited to the written warranty provided by the manufacturer to the Client on or before installation of the Goods.

23.2.i) Notwithstanding clause 23.2 our (the Contractor’s) goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you (the Client) are entitled:
23.2.ii) to cancel your service contract with us; and
23.2.iii) to a refund for the unused portion, or to compensation for its reduced value.

23.3. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

24.1. The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in these Terms and there are rights and remedies conferred on the Client in relation to the provision of the goods and services which cannot be excluded, restricted or modified by the Agreement (“Non-excludable Rights”).

24.2. The Contractor disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Client, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights and as set out in clause 23.1. To the extent permitted by law, the liability of the Contractor for a breach of a Non- Excludable Right is limited, at the Contractor’s option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods and/or services supplied again.

24.3. Notwithstanding any other provision of these Terms, the Contractor is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Client for: (a) any increased costs or expenses; (b) any loss of profit, revenue, business, contracts or anticipated savings; (c) any loss or expense resulting from a claim by a third party; or (d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Contractor’s failure to complete or delay in delivering the Goods or completed the work.

24.4. The Contractor will have no liability to the Client in relation to any loss, damage or expense caused by the Contractor’s failure to deliver the Goods or complete the work as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Contractor suppliers to supply necessary material or any other matter beyond the Contractor’s control.

Cancellation by the Client.
25.1. The Client must provide the Contractor with at least FIVE (5) working days’ notice in writing of any cancellation of works. Failure to do so will result in any deposit being forfeited or, if no deposit has been paid, the Client must pay to the Contractor TWENTY PERCENT (20%) of the original quoted/invoice amount, payable by the Client within SEVEN (7) days of receipt of an invoice for that amount. the Contractor may also charge the Client for any costs incurred up to the point of cancellation.

Cancellation by the Contractor
‍25.2. the Contractor shall be entitled without liability to the Client to cancel an order or delivery of an order if:
(a) the Client becomes insolvent, enter into a scheme of arrangement with creditors (other than with our consent) or the Client ceases or threatens to cease to carry on all or a material part of the Client’s business, or have a receiver appointed in respect of any or all of the Client ’s assets or other steps are taken for the Client’s dissolution;
(b) the Client or the Contractor are refused any licences, consents or permits in respect of the Goods or Services; or
(c) the Client breaches any of these Terms.

25.3 Cancellation of orders for products made to the Client’s specifications, or for no stock-list items, will definitely not be accepted once production has commenced, or an order has been placed.

26.1. If a difference or dispute (together called a ‘dispute’) between the parties arises in connection with the subject matter of this contract, including a dispute concerning a claim:
(a) in tort;
(b) under statute;
(c) for restitution based on unjust enrichment or other quantum merit; or
(d) for rectification or frustration,or like claim available under the law governing this contract, then either party shall, by hand or by registered post, give the other a written notice of dispute adequately identifying and providing details of the dispute, including particular details of:
(a) the breach, act, omissions, direction, approval, facts or circumstances on which the dispute is based;
(b) the provision of the contract or other basis for the dispute; and
(c) if the dispute concerns a disputed amount, the quantum or likely quantum.

26.2. Within 14 days after receiving a notice of dispute (or such longer time as may be agreed by the parties), the parties shall promptly confer to try to resolve the dispute. All aspects of every such conference except the fact of occurrence shall be privileged.

26.3. If within 21 days after receiving a notice of dispute (or such longer time as may be agreed by the parties) the dispute is unable to be resolved in accordance with clause 26.2 then the parties shall refer the dispute to Resolution Institute, (ACN 008 651 232; Level 2, 13-15 Bridge Street, Sydney NSW 2000; email: infoaus@resolution.institute; telephone: (61-2) 9251 3366), for facilitation of a mediation in accordance with Resolution Institute’s Mediation Rules. All costs of the mediator and any facilitation of the mediation will be paid equally by the parties.

26.4. If the parties do not resolve the dispute within 28 days of the mediation, (or such longer time as may be agreed by the parties), either party may commence litigation proceedings.

27.1. If any words or provisions in this contract are unenforceable, the remainder of this contract shall remain effective.

28.1. The laws of New South Wales will govern this contract and any dispute arising under it.

29.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

29.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials and/or collateral(account) – being a monetary obligation of the Client to the Contractor for Works – that have previously been supplied and that will be supplied in the future by the Contractor to the Client.

29.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause
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29.3(a)(i) or 29.2(a)(ii);
(b) indemnify, and upon demand reimburse, the Contractor for all expenses incurred in registering a financing statement or financing change statement on the Personal PropertySecurities Register established by the PPSA or releasing any Materials charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Contractor;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of the Contractor;
(e) immediately advise the Contractor of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such sales.

29.4 The Contractor and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

29.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

27.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

29.7 Unless otherwise agreed to in writing by the Contractor the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.

29.8 The Client shall unconditionally ratify any actions taken by the Contractor under clauses 29.2 to 29.5.

29.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

30.1 In consideration of the Contractor agreeing to supply the Materials, the Client charges 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 Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

30.2 The Client indemnifies the Contractor from and against all the Contractor costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Contractor rights under this clause.

30.3 The Client irrevocably appoints the Contractor and each director of the Contractor as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 30 including, but not limited to, signing any document on the Client’s behalf.

31.1 The Client must inspect all Materials on delivery (or the Works on completion) and must within seven (7) days of delivery notify the Company in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the company to inspect the Materials or to review the Works provided.

31.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (NonExcluded Guarantees).

31.3 The Client acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

31.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Contractor makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Materials/Works. The Contractor liability in respect of these warranties is limited to the fullest extent permitted by law.

31.5 If the Contractor is a consumer within the meaning of the CCA, the Contractor liability is limited to the extent permitted by section 64A of Schedule 2.

31.6 If the Contractor is required to replace any Materials under this clause or the CCA, but is unable to do so, the Contractor may refund any money the Client has paid for the Materials.

31.7 If the Contractor is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then the Contractor may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.

31.8 If the Client is not a consumer within the meaning of the CCA, the Contractor liability for any defect or damage in the Materials is:
(a) limited to the value of any express warranty or warranty card provided to the Client by the Contractor at the Contractor sole discretion;
(b) limited to any warranty to which the Contractor is entitled, if the Contractor did not manufacture the Materials;
(c) otherwise negated absolutely.

31.9 Subject to this clause 31.9, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 31.1; and
(b) the Contractor has agreed that the Materials are defective; and
(c) the Materials are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Materials are returned in as close a condition to that in which they were delivered as is possible.

31.10 Notwithstanding clauses 31.1 to 31.9 but subject to the CCA, the Contractor shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Materials;
(b) the Client using the Materials for any purpose other than that for which they were designed;
(c) the Client continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) interference with the Works by the Client or any third party without the Contractor prior approval;
(e) the Client failing to follow any instructions or guidelines provided by the Contractor;
(f) fair wear and tear, any accident, or act of God.

31.11 The Contractor may in its absolute discretion accept non-defective Materials for return in which case the Contractor may require the Client to pay handling fees of up to fifteen percent (15%) of the value of the returned Materials plus any freight costs.

31.12 Notwithstanding anything contained in this clause if the Contractor is required by a law to accept a return then the Contractor will only accept a return on the conditions imposed by that law.

32.1. Where the Contractor has designed, drawn, written plans or a schedule of Works, or created any products for the Client, then the copyright in all such designs, drawings, documents, plans, schedules and products shall remain vested in The Contractor, and shall only be used by the Client at the Contractor discretion.

32.2 The Client warrants that all designs, specifications or instructions given to the Contractor will not cause the Contractor to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Contractor against any action taken by a third party against the Contractor in respect of any such infringement.

33.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of twenty percent (20%) per month (and at the Contractor sole discretion such interest shall compound monthly at such a rate)after as well as before any judgment.

33.2 If the Client owes the Contractor any money the Client 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 basis, the Contractor contract default fee, and bank dishonour fees).

33.3 Further to any other rights or remedies the Contractor may have under this contract, if a Client has made payment to the Contractor by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 33, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.

33.4 Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Works to the Client. The Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this clause.

33.5 Without prejudice to the Contractor other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Contractor becomes overdue, or in the Contractor opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

34.1 The Client agrees for the Contractor to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by the Contractor

34.2 The Client agrees that the Contractor may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.

34.3 The Client consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit.

34.4 The Client agrees that personal credit information provided may be used and retained by the Contractor for the following purposes (and for other agreed purposes or required by):
(a) the provision of Works; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Works; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Works.

34.5 The Contractor may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.

34.6 The information given to the CRB may include:
(a) personal information as outlined in 34.1 above;
(b) name of the credit provider and that the Contractor is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice forrequest of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and the Contractor has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of the Contractor, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

34.7 The Client shall have the right to request (by e-mail) from the Contractor:
(a) a copy of the information about the Client retained by the Contractor and the right to request that the Contractor correct any incorrect information; and
(b) that the Contractor does not disclose any personal information about the Client for the purpose of direct marketing.

34.8 The Contractor will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

34.9 The Client can make a privacy complaint by contacting the Contractor via e-mail. The Contractor will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days ofreceipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

35.1 At the Contractor ’s sole discretion, if there are any disputes or claims for unpaid Materials and/or Works then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.

35.2 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New SouthWales, except to the extent permitted by the Act where applicable.

Home Building Act 1989 No 147 - NSW Legislation
Form of contracts (small jobs)
36.1 This section applies to a contract only if the contract is not one to which section 7 applies and the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The prescribed amount is the amount prescribed by the regulations for the purposes of this section and is inclusive of GST.

36.2 A contract must be in writing and be dated and signed by or on behalf of each of the parties to it.

36.3 A contract must contain—
(a) the names of the parties, including the name of the holder of the contractor licence shown on the contractor licence, and
(b) the number of the contractor licence, and
(c) a description of the work to which the contract relates, and
(d) any plans and specifications for the work, and(e) the contract price if known.

36.4 The contract must comply with any requirements prescribed by the regulations for the purposes of a contract to which this section applies.

36.5 This section does not apply to—
(a) a contract that is made between parties who each hold a contractor licence and is for work that each party’s contractor licence authorises the party to contract to do, or
(b) a contract to do specialist work that is not also residential building work.

Part 1. Plans and specifications
(1) All plans and specifications for work to be done under this contract, including any variations to those plans and specifications, are taken to form part of this contract.
(2) Any agreement to vary this contract, or to vary the plans and specifications for work to be done under this contract, must be in writing signed by or on behalf of each party to this contract.
(3) This clause only applies to a contract to which section 7AA (Consumer information) of the Home Building Act 1989 applies.

Part 2. Quality of construction
(1) All work done under this contract will comply with—
(a) the Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979, including any regulation or other instrument made under that Act), and
(b) all other relevant codes, standards and specifications that the work is required to comply with under any law, and(c) the conditions of any relevant development consent or complying development certificate.

(2) Despite sub clause (1), this contract may limit the liability of the contractor for a failure to comply with sub clause (1) if the failure relates solely to—
(a) a design or specification prepared by or on behalf of the owner (but not by or on behalf of the contractor), or
(b) a design or specification required by the owner, if the contractor has advised the owner in writing that the design or specification contravenes sub clause (1).The attached Consumer Building Guide must be provided to the owner.

Section 7 of the HBA says -
Home Building Act 1989 No 147 - NSW Legislation
Form of contracts (other than small jobs) Note -
Section 7AAA applies to contracts for small jobs.(1A) This section applies to a contract only if the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The prescribed amount is the amount prescribed by the regulations for the purposes of this section and is inclusive of GST.
(1) A contract must be in writing & be dated and signed by or on behalf of each of the parties to it.\
‍
(2) A contract must contain—
(a) the names of the parties, including the name of the holder of the contractor licence shown on the contractor licence, and
(b) the number of the contractor licence, and
(c) a sufficient description of the work to which the contract relates, and
(d) any plans and specifications for the work, and
(e) the contract price if known, and
(f) any statutory warranties applicable to the work, and(f1) the cost of cover under Part 6 or 6B (if insurance is required under Part 6), and
(g) in the case of a contract to do residential building work—a conspicuous statement setting out the cooling-off period that applies to the contract because of section 7BA, and
(h) in the case of a contract to do residential building work (other than a construction contract to which the Building and Construction Industry Security of Payment Act 1999 applies)—details of any progress payments payable under the contract, and
(i) in the case of a contract to do residential building work—a statement that the contract may be terminated in the circumstances provided by the general law and that this does not prevent the parties agreeing to additional circumstances in which the contract may be terminated, and
(j) any other matter prescribed by the regulations for inclusion in the contract.

(3) The contract must comply with any requirements of the regulations.

(4) If the contract price is known, it must be stated in a prominent position on the first page of the contract.

(5) If the contract price is not known or may be varied under the contract, the contract must contain a warning to that effect and an explanation of the effect of the provision allowing variation of the price. The warning and explanation must be placed next to the price if the price is known.

(6) A contract must not include in the contract the name of any person other than the holder of a contractor licence as, or so it may reasonably be mistaken to be, the holder’s name.

(7) This section does not prevent the holder of a contractor licence with a business name registered under the Business Names Registration Act 2011 of the Commonwealth from also referring in such a contract to the business name.

(8) This section does not apply to—
(a) a contract that is made between parties who each hold a contractor licence and is for work that each party’s contractor licence authorises the party to contract to do, or
(b) a contract to do specialist work that is not also residential building work.

Note -The exception in paragraph (a) applies to a subcontracting arrangement between licensees, and to a contract between licensees for work to be done on premises that one of the licensees owns. Full residential contracts must include the same clauses referred to above from Clause 35.6 Part 1 & Part 2 of the HBA: “Plans and specifications” and “Quality of construction”. They must also include the attached checklist (see section 8 of the Home Building Regulation 2014: Home Building Regulation 2014 - NSW Legislation.

37.1 The failure by the Contractor to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Contractor right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

37.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which the Contractor has its principal place of business, and are subject to the jurisdiction of the Sydney Courts in that state.

37.3 Subject to clause 30 the Contractor shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions (alternatively the Contractor liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).

37.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute.

37.5 The Contractor may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

37.6 The Client agrees that the Contractor may amend these terms and conditions at any time. If the Contractor makes a change to these terms and conditions, then that change will take effect from the date on which the Contractor notifies the Client of such change.The Client will be taken to have accepted such changes if the Client makes a further request for the Contractor to provide any Works to the Client.

37.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

37.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.