Aquatek Plumbing & Gas Terms and
Applicability & Interpretation
In these conditions of contract:
Contract means the contract for supply of goods and/or services between the parties described on the quotation or invoice sheet and comprises in its entirety the quotation or invoice sheet, these conditions, and the documents in that order of priority.
Consequential Loss means any loss other than direct loss and to avoid doubt, includes loss of profit, loss of revenue, loss of interest, financing charges, payment or loss of rent, loss of opportunity, consultant costs, and loss of contract.
Delivery Address means the address set out in the quotation or invoice sheet.
Documents means the documents incorporated into the contract as listed in the quotation or invoice sheet or appended to these conditions of contract;
Goods means the goods, materials and equipment (including any instalment or part of them) to be delivered to the customer or supplied by Aquatek Plumbing & Gas for incorporation into the works, as applicable, and as described in the quotation or invoice sheet and the documents.
Insolvent – where a party ceases to carry on business or is, or states that it is, unable to pay its debts as they fall due, enters a scheme of arrangement, or is under external administration, bankrupt or in liquidation.
Laws include all acts, regulations, by-laws, and licenses relevant to the supply of the goods or services.
Loss means liability, loss, damages, fines, costs and expenses (and legal expenses on an indemnity basis) awarded against, suffered or incurred.
Price means the amount set out in the quotation or invoice sheet as adjusted in accordance with the contract.
Site the location or locations where the works are to be performed.
Works means all of the work to be performed and goods to be supplied by the contractor including variations and temporary works
Free Quote means a free proposal for goods or services requested by the customer. Free quotes can be carried out verbal over the phone, via email or through site inspection. Verbal quotes or quotes via email are subject to change in the event that the situation on-site is different as described by the customer.
No call out fee means there is no charge involved to drive to the customer’s address. Aquatek Plumbing & Gas obtains the right to charge a call-out fee outside business hours or on weekends and public holidays.
2. Conditions applying to the Works
2.1. These conditions of contract apply to the works to the exclusion of any other terms and conditions. Any acceptance of Aquatek Plumbing & Gas quotation, request by the customer for Aquatek Plumbing & Gas to commence performance of the works or grant of access to the site to perform the works constitutes acceptance by the customer of these conditions of contract.
2.2. No variation to these terms and conditions is binding unless agreed in writing by both parties.
3 Performance of Works
3.1. Aquatek Plumbing & Gas must:
(a) at all times during the performance of the works be properly licensed and resourced, and comply with all laws;
(b) supply goods that are:
- of satisfactory quality;
- free from defects; and
(c) carry out and complete the works:
- in a good and workmanlike manner;
- within a reasonable time; and
- safely and without causing any injury to any person.
3.2. Aquatek Plumbing & Gas may, at any time and at its absolute discretion, substitute any goods with goods that are of equivalent or better standard.
3.3. The customer must:
(a) provide safe, all weather access to the site and uninterrupted possession of the areas of the site required for the performance of the works;
(b) provide all utilities and facilities required for the performance of the works;
(c) obtain the rights to any access to adjoining properties that are required for the performance of the works;
(d) not delay or interfere with the performance of the works in any way; and
(e) if the customer is supplying any materials or equipment for the works, ensure that they are provided in a timely manner, free from defects and suitable for the works. Aquatek Plumbing & Gas may, acting reasonably, determine that those materials, plant or equipment are not suitable and may provide an alternative. If that alternative is not acceptable to the customer, that part of the works will be omitted from the scope of the works. Aquatek Plumbing & Gas is not responsible for any warranty issues from goods supplied and purchased by the customer.
3.4. The customer acknowledges and agrees that:
(a) the reasonable time for completion is extended by the length of time that Aquatek Plumbing & Gas is delayed in the delivery of goods or performance of the works by circumstances outside the reasonable control of Aquatek Plumbing & Gas;
(b) Aquatek Plumbing & Gas is not responsible for damage to drains at the customer’s property where the damage is an unavoidable or likely result of the pre-existing condition of those drains or the performance of drain inspection, clearance or cutting work within those drains. Blocked drains usually indicate pipelines are not operating efficiently or as intended and may contain breakages, cracks, negative fall, sanitary hygiene products, foreign objects or tree root entry. The drain line cannot be repaired or rectified by just clearing on its own. Once cleared, Aquatek Plumbing & Gas gives no warranty that the same problem will not happen again, and
(c) Aquatek Plumbing & Gas may recover any loss and damage that it suffers as a consequence of the condition of drains at the customer’s property such as lodged equipment in the Customer’s faulty drain.
4. Delivery of Goods
Where the contract is for the supply of goods only, those goods must be delivered to the delivery address. Goods must be properly packed and delivered in an undamaged condition. Goods remaining Aquatek Plumbing & Gas property until paid in full by the customer.
5. Non-compliant Goods or Works
5.1. Aquatek Plumbing & Gas will use all reasonable endeavours to ensure that the customer is entitled to the benefit of any manufacturers’ warranties that are provided by in relation to any goods.
5.2. If the customer believes that any goods supplied or any aspect of the works performed by Aquatek Plumbing & Gas do not comply with the contract, the customer must:
(a)notify Aquatek Plumbing & Gas:
- (within 24 hours of the goods being delivered in the case of non-compliant goods) that the goods or the works do not comply with the contract; and
- as soon as reasonably practicable in the case of any non-compliant aspect of the works;
- providing details of the non-compliance; and
(b) give Aquatek Plumbing & Gas a reasonable opportunity to inspect and if Aquatek Plumbing elects to do so, replace, repair, or rectify the goods or the works.
5.3. Aquatek Plumbing & Gas may:
(a) notify the customer that Aquatek Plumbing & Gas does not agree that the goods are defective; or
(b) elect to repair the goods or to supply replacement goods of an equivalent or higher standard within a reasonable time.
5.4. Unless otherwise agreed, a defects liability period of [3 months] applies from the date the Works are handed over to the customer. During the defects liability period Aquatek Plumbing & Gas is obliged and entitled to rectify defects arising in connection with the works but not damage that arises due to misuse, lack of maintenance or general wear and tear.
5.4 . After the defects liability period has expired, provided that the customer may have recourse to the manufacturer directly under the manufacturer’s warranty.
6. Limitation of liability
6.1. Despite any other provision of the contract, the parties acknowledge and agree that to the extent permitted by law:
(a) in no event will Aquatek Plumbing & Gas liability to the customer exceed, and is limited to:
- replacing or repairing any defective goods;
- reperforming any defective works; or
- if Aquatek Plumbing & Gas is not able to supply replacement compliant goods or reperform the works so that they comply with the contract, refunding any monies paid by the customer for goods or works that are non-compliant and making good any part of the site that has been damaged during the performance of the works; and
(b) Aquatek Plumbing & Gas will have no liability for any other losses including due to the breach of contract or negligence of Aquatek Plumbing & Gas, its employees or agents or the acts or omissions of the customer or any third party not within the control of Aquatek Plumbing & Gas.
6.2. Further, the parties acknowledge and agree that neither will be liable for any consequential loss suffered or incurred by the other.
7.1. The customer may, at any time before the works are complete, request the contractor to vary the works by asking for extra work or a change to the works. The parties acknowledge and agree that the customer is responsible for instructions that require Aquatek Plumbing & Gas to perform a variation given by any employee, consultant, other contractor or agent of the customer;
7.2. The customer may request Aquatek Plumbing & Gas to give a detailed quotation for the proposed variation and must pay Aquatek Plumbing & Gas the reasonable cost of preparing the variation quotation.
7.3. A variation will be valued using the following order of precedence:
(a) Aquatek Plumbing & Gas variation quotation; or;
(b) if there is no variation quotation, using rates or prices provided by Aquatek Plumbing & Gas; or
(c) if Aquatek Plumbing & Gas has not provided any rates or prices that are applicable, using reasonable construction industry rates or prices.
8.1. The price of the goods and works is as stated in the quotation or invoice sheet. The price may change due to factors outside Aquatek Plumbings control and unless the quotation or invoice sheet expressly provides to the contrary, does not include any allowance for:
(a) variations to the works arising either at the request of the customer or due to circumstances changing during the performance of the works;
(b) costs associated with delays out of the reasonable control of Aquatek Plumbing & Gas;
(c) costs associated with unforeseen site conditions including subsurface conditions, drains, contamination, groundwater, condition of existing structures (including asbestos) and existing services and services infrastructure, water ingress and damage;
(d) costs associated with any materials or equipment being supplied by the customer;
(e) increases or decreases resulting from exchange rate fluctuations.
8.2. To avoid doubt, Aquatek Plumbing & Gas may recover any loss associated with any of the items set out in clause 8.1 from the customer.
9. Terms of Payment
9.1. If required by Aquatek Plumbing & Gas, the customer must pay a deposit before Aquatek Plumbing commences the performance of the works. The deposit must be paid immediately after accepting the quote or within 7 days of the date of the quote and will be accounted for to the customer in the last payment claim.
9.2. Aquatek Plumbing & Gas may submit invoices for the price for goods and the works as adjusted in accordance with the contract. Progress claims on account of the price for work performed may be submitted in accordance with the quotation sheet.
9.3. The customer must pay the amount of each invoice without deduction or set-off within 7 days of the date of the invoice.
9.4. In the event of non-payment Aquatek Plumbing & Gas is entitled to charge interest on any amounts that are not paid by the due date for payment at a rate of 10%.
9.5. Payment will be made by cash, cheque, direct credit or by credit card on completion of work (credit card surcharge of 2% may apply).
10. Risk and Property
10.1. Risk of damage to or loss of the Goods passes to the customer upon delivery to the delivery address.
10.2. Property in the Goods passes to the customer when payment for the Goods is received by Aquatek Plumbing & Gas. The parties acknowledge that this clause 10.2 creates a security interest for the benefit of Aquatek Plumbing & Gas.
11. Promotional Offers and Discounts
11.1.Percentage discount or money off special offers from Aquatek Plumbing & Gas can only be used to discount the price of goods or services purchased from Aquatek Plumbing & Gas and are not valid outside business hours, on weekends or public holidays. Aquatek Plumbing & Gas obtains the right to request a minimum spending for goods or services for some promotional offers which would be stated in the applicable promotional offer.
11.2. Only one discount offer can be used when purchasing goods or services from Aquatek Plumbing & Gas and multiple discounts on a single invoice are not permitted.
12. Intellectual Property
12.1. Any documents produced by Aquatek Plumbing & Gas for the works, remain the property of Aquatek Plumbing & Gas and all intellectual property rights in the documents, vest in and/or remains with Aquatek Plumbing & Gas. The customer must not disclose or use any documents produced by the Aquatek Plumbing & Gas for any other purpose than in connection with the works.
12.2. The customer warrants that it is the owner of any intellectual property rights in any documentation provided by the customer and is able to and does license Aquatek Plumbing & Gas to use that documentation for the purposes of the works.
13.1. Aquatek Plumbing & Gas may suspend the works immediately if any invoice of Aquatek Plumbing & Gas remains unpaid after the due date for payment. If the invoice is not paid within 7 days of the due date for payment, Aquatek Plumbing & Gas may terminate the contract and recover from the customer all sums due at the date of termination along with any other costs, expenses, losses or liabilities incurred or suffered by Aquatek Plumbing & Gas up to the date of termination.
13.2. Either party may terminate the contract for a substantial breach of contract by the other party, provided that the party who intends to terminate the contract has first written to the other party:
(a) notifying that other party that it intends to terminate the contract;
(b) specifying the substantial breach complained of; and
(c)giving the other party a reasonable opportunity to rectify the substantial breach (and in any event no less than 28 days).
13.3. To the extent permitted by law, either party may terminate the contract when the other party is insolvent by giving notice to that that party.
14. Cancellation Policy
14. Please note that once the customer has booked an appointment with Aquatek Plumbing & Gas, the time has been allocated for the customer in Aquatek Plumbing & Gas schedule. The customer has to notify Aquatek Plumbing & Gas 2 hours prior scheduled appointment to cancel or reschedule the appointment. Cancellations made 2 hours or less before an appointment will be subject to a charge of $50. This includes appointments where Aquatek Plumbing & Gas is unable to access the property, is turned away, or the customer is unavailable.