1. Definitions
    “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client.
    The “Company” shall mean Frank Britton Plumbing Pty Ltd, its successors and assigns and any person acting on behalf of Frank Britton Plumbing Pty Ltd.
    “Site” means the place where the Company’s work is carried out for the Client.
    “Goods” means plumbing products and associated components and more particularly described on
    the Company’s quotes, tax invoices and other paperwork supplied to the Client.
    “Services” means plumbing and other services and more particularly described on the Company’s
    quotes, tax invoices and other paperwork supplied to the Client and accepted by the client.
  2. Terms of Supply
    2.1. These terms and conditions constitute a legally binding contract between the Client and the Company and apply to the ordering, purchase, fulfilment and delivery of Goods and the provision of all plumbing and other related Services from the Company (the “Terms”).
    2.2. By placing an order for Goods and Services from the Company or instructing the Company to undertake Services, you the Client acknowledges that you have read and that you accept these Terms.
  3. Quotes
    3.1. The Company 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 Company’s charge for the performance of work as set out in the Quote.
    3.2. All the Company Quotes are subject to inspection of the Site.
    3.3. The Client must accept the Quote and work authorisation form (if any) by signing and returning the Quote and work authorisation form prior to the commencement of any work by the Company.
    3.4. Any Quote may be altered or withdrawn by the Company at their discretion prior to delivery of Goods or provision of Services to the Client. Quotes are valid for SIXTY (60) days. In acceptance of the Quote, the Client warrants that it has not relied on any representation by the Company other than as supplied in writing in the Quote.
  4. Deposit
    4.1. The Company may request a deposit from the Client in the sum of no more than 50% of the amount set out in the Quote.
    4.2. If a deposit is requested by the Company the Client acknowledges the Company is under no obligation to undertake any work until the deposit is received in full by the Company.
    4.3. 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.
  5. Contract Price
    5.1. 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 $255 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.5.2. Unless the Company’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 16 (Cleaning Dust).

    (c) repair work by other trades; or the

    (d) provision of cranes, scaffolding or other support structures.

  6. Additional Costs
    Equipment
    6.1. The Company 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 Company.
    Gas Leaks
    6.2. The Company 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 Company 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
    6.3. When the Company 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 five clear working days before the Company’s proposed work on the Site.
    6.4. Should the Client fail to provide the Company with the appropriate measurements for the Site as required by clause 6.3 the Client will at the Company’s discretion pay the Company an additional fee at its standard rate for time spent on obtaining the relevant measurements.
  7. Payment
    7.1. The Company may at its discretion require immediate payment from the Client on completion of work. The Company has EFTPOS available.7.2. The Company will issue the Client with an Invoice for the work completed in accordance with the Quote and if the Company 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 Company to the Client.
    7.3. 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 Company the Company will apply a $50 charge for every 5 days of non-payment.
    7.4. The Client indemnifies the Company for all costs, expenses or losses incurred by the Company as a result of the Client’s failure to pay to the Company all sums outstanding as owed by the Client to the Company and including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment.
    7.5. 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 Company is less than the proportion of the agreed work that has been completed by the Company
    the Company 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.

  8. Retention of Title
    8.1. Notwithstanding the delivery or installation of the Goods, title in any particular Goods shall remain with the Company until the Customer has paid and discharged any and all monies owing pursuant to any invoice issued by the Company for the Goods, including all applicable GST and other taxes, levies and duties.
  9. Risk and Delivery
    9.1. 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.
    9.2. Delivery of the Goods shall be made to the Client’s nominated address. The Company shall not be liable for any loss or damage whatsoever due to the failure by the Company to deliver the Goods (or any part of them) promptly or at all.
  10. Access to Site
    10.1. The Client must provide the Company with suitable safe access to the site where the Company is to deliver Goods and/or perform the Services until such time as the work has been completed and the Company paid in full.
    10.2. The Client shall indemnify the Company from any costs incurred or penalties if the Company is unable to make delivery due to Site access or if the completion of the work is delayed due to interrupted Site access.
  11. Prolongation
    11.1. The Company 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 Company.
    11.2. Should work at the Site be held up for reasons beyond the Company’s control, then the Client shall indemnify the Company from any increased costs, losses or expenses due to such prolongation.
  12. Underground Plumbing Work
    12.1. When the Company 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 Company’s proposed work on the Site.
    12.2. Should the Client fail to provide the Company with the appropriate plans for the Site as required by clause 12.1, the Client will indemnify the Company from any claim for costs, expenses or losses from a third party for any damage to third party property, including the asset owner.
  13. Blocked Drain
    13.1. 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.
    13.2. There shall not be a warranty provided once a drain has been unblocked and deemed clear.
    13.3. Should any of the Company’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.
  14. Hot Water Systems
    14.1. 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.
  15. Permits
    15.1. 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.
  16. Cleaning
    16.1. While the Company 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 Company can arrange for additional professional cleaning of the Site at the request of the Client for an additional cost.
  17. Pets
    17.1. It is the responsibility of the Client to ensure any pets at the Site are appropriately enclosed and the Company will not be held responsible or liable for the escape of any pets at the Site.
  18. Water Hammer
    18.1. In some instances the installation of a new mixer can cause water hammer to the existing plumbing at a Site and cannot be predicted by the Company. In the event water hammer does occur after installation of a mixer by the Company and major work is required to remedy it the Company may charge the Client additional costs for this work.
  19. Warranties
    19.1. 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.
    19.2. Notwithstanding clause 20.2 our (the Company’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:
    19.2.1. to cancel your service contract with us; and
    19.2.2. to a refund for the unused portion, or to compensation for its reduced value.
    19.3. 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.
  20. Liability
    20.1. 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”).
    20.2. The Company 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 20.1. To the extent permitted by law, the liability of the Company for a breach of a Non- Excludable Right is limited, at the Company’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.
    20.3. Notwithstanding any other provision of these Terms, the Company 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 Company’s failure to complete or delay in delivering the Goods or completed the work.
    20.4. The Company will have no liability to the Client in relation to any loss, damage or expense caused by the Company’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 Company suppliers to supply necessary material or any other matter beyond the Company’s control.
  21. Cancellation
    Cancellation by the Client.
    21.1. The Client must provide the Company 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 Company 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 Company may also charge the Client for any costs incurred up to the point of cancellation.
    Cancellation by the Company
    21.2. the Company 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 Company are refused any licences, consents or permits in respect of the Goods or Services; or (c) the Client breaches any of these Terms.
  22. Dispute Resolution
    22.1. 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 meruit; 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.
    22.2. 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.
    22.3. 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 22.2 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.
    22.4. 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.
  23. Severability
    23.1. If any words or provisions in this contract are unenforceable, the remainder of this contract shall remain effective.
  24. Applicable Law
    24.1. The laws of Western Australia will govern this contract and any dispute arising under it.