Terms and Conditions
In these terms and conditions (Terms):
1. Definitions
Client means any party engaging, or proposing to engage, the services of the Company either verbally or in writing, and has the same meaning as buyer, customer, consumer or purchaser.
Contract Sum or Price means the price or progress payment (including GST) including all matters that could be reasonably expected to be necessary for the completion of the work or stage.
Company means Flowline Plumbing & Gas, ABN 68 639 376 471
Goods mean tangible goods, tangible items, tangible parts, tangible products or tangible benefits.
Ordinary Working Hours means between 7am and 3pm Monday to Friday, excluding Public Holidays
Site of the Works means a single location or multiple locations relating to the performance of work by the Company for the Client or for the delivery of products, materials or goods by the Company for the Client, other than the Company premises.
Work means the scope of work agreed between the Client and the Company. It may also include intangible goods, intangible products or intangible benefits.
2. Agreement
In engaging the Company for the performance of any work, or for the supply of any products, materials or goods, the Client acknowledges acceptance of the associated costs and charges and agrees to make payment for such under the terms for payment set out herein. The Client acknowledges that it has represented the ability to pay for the work to be completed. Where a written quotation has been provided by the Company this document shall form part of that quotation.
3. Materials
All materials supplied shall be reasonably fit for the purpose for which they are supplied. Materials shall be covered by the Manufacturer’s warranty.
4. Time for completion
4.1 Where a date for completion has been specified and agreed the Company shall proceed with the work with due diligence and complete the work on or before that date.
4.2 In the event that the execution of the work is delayed by a cause beyond the Company’s control, including the need to execute additional work pursuant to Clause 5 hereof, then the Company shall be entitled to a reasonable extension of time in which to complete the work and if a date for completion has been specified and agreed the date for completion shall be adjusted accordingly.
4.3 The work shall be deemed completed when it has reached the state of being reasonably fit for use by the Client and the Company has so notified the Client.
5. Variations
5.1 All changes to the work required by the Client shall be agreed in writing between the Client and the Company before the commencement of the work except where the need to execute the additional work arises out of an emergency or need to comply with safe work requirements.
5.2 The cost of the additional work including a reasonable allowance for the Company’s overhead and profit as agreed shall be added to the Contract Sum.
5.3 Where a direction of the Client under sub-clause (a) hereof results in a reduction of the work required of the Company, the Contract Sum shall be adjusted accordingly however the Company shall be entitled to retain a reasonable sum for overhead and profit as agreed by the Client.
5.4 No allowance has been made for de-watering, buried concrete, shoring or rock unless otherwise agreed in writing.
5.5 Any delay in approving variations could result in additional cost.
6. Prime cost allowances
Where the sum payable under this agreement is stated as a lump sum that includes a prime cost allowance; The Company shall purchase the item described or execute the work so identified keeping a record of such cost. In the event of the cost of the item exceeding the allowance stated hereof, the excess together with a reasonable allowance for overhead and profit shall be added to the Contract Sum. If the expenditure is less than the allowance, the unexpended portion of the allowance less a reasonable allowance for overhead and profit (calculated by reference to that excess) shall be deducted from the Contract Sum.
7. Defects liability period
The Company shall, within a reasonable period of time, remedy defects in the work notified by the Client in writing to the Company, within one calendar month of the work reaching completion as defined by Clause 4.3 hereof.
8. Working hours
The Price is calculated on the basis that the work would be executed during Ordinary Working Hours. Where it becomes necessary to execute work outside Ordinary Working Hours because of the operation of Clause 5 the additional cost to the Company shall be deemed a variation subject to Clause 5 and the Contract Sum adjusted accordingly.
9. Compliance
The Client warrants that all equipment and fittings supplied by the Client, and to which the Company is required to connect to its works, will conform with relevant Australian standards and to the requirements of all statutory bodies.
10. Acceptance
10.1 Any instructions received by the Company from the Client for the supply of work and/or the Client’s acceptance of work supplied by the Company shall constitute acceptance of the terms and conditions contained herein.
10.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
10.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the Company.
10.4 None of the Company’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Company in writing nor is the Company bound by any such unauthorised statements.
10.5 The Client undertakes to give the Company not less than fourteen (14) days prior written notice of any proposed change in the Client’s name.
11. Access for contractors
The Client must provide access for the Company and employee(s) or subcontractor(s) of the Company to carry out the work during hours allowed by the relevant statutory authority. The Client must remove any personal property likely to be damaged or to impede the work to avoid damage during work.
12. Payment of the Contract Sum or progress payment
12.1 The Client shall pay the contract Price or progress payment in the manner shown in the quote or contract including any cost variation/s. The work or progress stage will be complete when it is finished in accordance with the quote or contract, free of apparent defects and with all rubbish and surplus material removed from site. The Client must pay the amount due on satisfactory completion of the work, or at each stage of the work as applicable. The Client must pay the amount on completion of the job. The Company may request a deposit of up to 10% of the estimated job cost prior to commencement.
12.2 Payment terms are 7 days after invoice.
12.3 The Company may submit progress claims on a day nominated by the Company in respect of both those identifiable parts of work completed for the Client by the Company.
12.4 The Company reserves the right to charge all costs incurred in recovering or attempting to recover any goods or amounts owed by the Client, including any debt collectors’ commission and any solicitors’ costs and charges incurred in recovering or attempting to recover any amount owed by the Client. Any part payment shall firstly be credited against interest then debt recovery charges.
13. Default
13.1 If either party becomes bankrupt, or being a corporation goes into liquidation, then the other party may by written notice terminate this agreement and recover damages.
13.2 If the Client fails to make a progress payment, including the final payment, within thirty days of The Company delivering a claim for such payment, then the Company may, after giving written notice of an intention to do so, suspend work forthwith. If the default continues for a further period of seven calendar days after the giving of the notice, the Company may by written notice determine his/her engagement under the contract.
13.3 If the Client interferes with or prevents the Company from carrying out the work, the Company may, after giving written notice of an intention to do so, suspend work forthwith. If the interference continues for a further period of seven calendar days or more after the giving of the notice first referred to, the Company may by written notice determine his/her employment under the contract.
14. Latent condition
The contract Price has been calculated on the basis of an inspection of the site where the work is to be carried out. If the Company encounters conditions that an inspection could not reasonably have disclosed, then the additional cost of executing the work shall be treated as a variation under Clause 5 hereof.
15. Indemnity and liability
The Client indemnifies the Company against any liability or claim arising out of damage to the premises, the site or moveable property left at the site where the work is to be executed or in respect of injury to any person on the site or premises with the permission of the Client provided that the Company is not guilty of negligence that causes the damage or injury.
16. Risk & Liability
16.1 The liability of the Company in contract or in tort for any act, omission or default arising from the design or provision of any service or arising from the supply of any materials, products or goods shall not extend to any consequential, economic or indirect losses.
16.2 The Client retains liability for all risks associated with any work, in part or in full, performed by the Company on the Site of the Works, and for all risks associated with any products, materials or goods supplied or installed, in part or in full, on the Site of the Works at all times. The onus for insurance against such risks rests with the Client.
16.3 The Client shall ensure that the employees and agents of the Company in carrying out work for the Client shall not be exposed to any risk to health or safety. The Client shall indemnify the Company in the event that an employee or agent of the Company sustains injury or deterioration of health in consequence of a breach of this provision.
16.4 The liability of the Company to the Client arising as a result of any incident for breach of contract, any failure to follow instructions given to it by the Client, any negligence whether gross or not, breach of any warranty whether such warranty is express, implied or implied by legislation or however arising, shall be limited to any of the following as determined by the Company.
17. Insurance
The Company shall insure against:
17.1 Liability under the Worker’s Compensation Act and at common law in respect of persons employed by the Company.
17.2 Liability to third persons in respect of personal injury and property damage.
18. Warranties
The Company warrants all work performed by its employees and its authorised agents against defective workmanship and against defective materials for a period of 30 days. Any otherwise applicable warranty shall be voided by:
18.1 Modification to any work performed by the Company, or modification to any products, materials or goods supplied by the Company by any party other than the employees or authorised agents of the Company; or
13.4 Failure to sufficiently maintain any associated work performed by the Company, or failure to sufficiently maintain any associated products, materials or goods supplied by the Company.
13.5 It is acknowledged between the Client and the Company that where the work involves the rectification of a blockage, the removal of the source of the blockage does not guarantee that there will be no recurrence of the problem and that no warranty is given in this regard.
19. Dispute Resolution
If any dispute or difference concerning this agreement arises between the Company and the Client, then either party may give the other written notice of the dispute. Within seven calendar days after the giving of such notice, the parties shall meet at least once to attempt to resolve the dispute and the person attending must have the authority to agree to a resolution. The parties may agree to have the dispute referred to conciliation, arbitration or a court of law.
20. Entire Agreement
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
21. Governing Law
These Terms and Conditions are governed by and must be construed in accordance with the laws of the State of New South Wales. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms and Conditions.
22. Force Majeure
Neither party shall be liable in any manner whatsoever for any failure or delay in performing its obligations due to force majeure which expression for the purposes of this contract or quotation means any cause beyond the reasonable control of that party. In such event, the party concerned shall be entitled to a reasonable extension of time for the performance of such obligations.