Aquatek Plumbing & Gas Terms &
Conditions
1. 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 including loss of profit, revenue, interest, rent, opportunity, consultant costs, and loss of contract.
Delivery Address means the address set out in the quotation or invoice sheet.
Documents means documents incorporated into the contract as listed or appended.
Goods means all materials, equipment and components supplied.
Laws include all relevant acts, regulations, by-laws, and licences.
Loss means all liabilities, damages, costs, and expenses (including legal costs on an indemnity basis).
Price means the amount set out in the quotation or invoice sheet as adjusted.
Site means the location where works are performed.
Works means all labour, services, and goods supplied including variations.
Free Quote refers to a proposal provided based on information available at the time, including discussions over the phone and/or images supplied. This quote is indicative only and may be subject to change upon a site inspection.
We reserve the right to apply an inspection fee for more complex assessments and to decline or withdraw any quote at our discretion.
Acceptance of quotes and communication may occur electronically and is legally binding.
2. Conditions Applying to the Works
2.1 These conditions apply to the exclusion of all others unless agreed in writing.
2.2 Acceptance of a quote, instruction to proceed, or site access constitutes acceptance of these terms.
2.3 This Contract constitutes the entire agreement and supersedes all prior discussions or representations.
2.4 If any provision is invalid or unenforceable, the remaining provisions remain in full force.
2.5 This agreement is governed by the laws of South Australia.
3 Performance of Works
3.1 Aquatek Plumbing & Gas must:
- be properly licensed and comply with all laws;
- supply goods of acceptable quality and free from defects;
- perform works in a proper and workmanlike manner.
3.2 We may substitute goods with equivalent or better alternatives.
3.3 The customer must:
- provide safe and unobstructed access;
- supply required utilities;
- not interfere with works.
3.4 Aquatek Plumbing & Gas reserves the right to refuse or cease works where the site is unsafe, non-compliant, or poses a health and safety risk.
3.5 The customer acknowledges:
- delays outside our control may extend completion time;
- underground or concealed services may not be accurately located and we are not liable for damage to unknown services;
- if asbestos or hazardous materials are identified, works will cease and additional costs will apply.
3.6 Drainage Disclaimer:
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) Drains and Sewer: 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.
(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. Once cleared, Aquatek Plumbing & Gas provides no warranty that the same issue will not occur again. Furthermore we are not liable for tree root regrowth in broken drains or any blockages or faults caused by user error, including but not limited to flushing wet wipes, excessive use of toilet paper, build-up from hair, soap scum, sanitary products, or any other obstructions.
(d) Excavation and Concrete works: Aquatek Plumbing & Gas obtains the right to charge an additional fee or cost on top of a quoted job, to cover the cost in respect of the additional work and time required to undertake further excavation and concrete works where the duration was unforeseen do to thickness of the concrete, hard and rocky soil or other unforeseen conditions.
4. Materials & Security Interest
4.1 Any materials, parts, or equipment supplied by Aquatek Plumbing & Gas in the course of the Works remain the property of Aquatek Plumbing & Gas until full payment has been received.
4.2 The customer acknowledges that these Terms create a security interest in favour of Aquatek Plumbing & Gas under the Personal Property Securities Act 2009 (Cth).
4.3 The customer agrees to do all things reasonably required to enable Aquatek Plumbing & Gas to:
- register its security interest on the Personal Property Securities Register (PPSR); and
- enforce that security interest if required.
4.4 The rights of Aquatek Plumbing & Gas under this clause apply whether or not a security interest has been registered.
4.5 If any invoice remains unpaid after the due date:
- Aquatek Plumbing & Gas may suspend further works or services without notice; and
- all outstanding amounts become immediately due and payable.
4.6 To the extent permitted by law, and where Goods have not been installed or are capable of being removed, Aquatek Plumbing & Gas reserves the right to recover such materials.
4.7 The customer must provide reasonable access to the Site for the purpose of recovering unpaid materials, where legally permitted.
4.8 The customer is liable for all costs associated with:
- recovery of unpaid materials; and
- collection of outstanding debts, including legal fees, agency fees, and administrative costs.
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 Liability is limited to:
- repair or replacement;
- re-performance; or
- refund where applicable.
6.2 To the extent permitted by law, Aquatek Plumbing & Gas is not liable for indirect or consequential loss.
6.3 Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth). Statutory guarantees apply where applicable.
7. Variations
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. Price
8.1. The price of the goods and works is as stated at the first point of contact over the phone, in the quotation or invoice sheet. By booking an appointment, accepting a quote or sign off on an invoice you accept the charges/price. 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 Aquatek Plumbing & Gas may require a deposit prior to commencing the Works. Where applicable, a 10% deposit must be paid upon acceptance of the quotation or within 7 days of the quotation date, unless otherwise agreed in writing.
9.2 Aquatek Plumbing & Gas may issue invoices for:
- completed works;
- progress claims; or
- supply of goods,
as outlined in the quotation or as otherwise agreed.
9.3 Unless otherwise stated, all invoices are payable in full within 7 days from the date of issue. Payment must be made without deduction, set-off, or withholding.
9.4 Payment methods accepted include cash, direct transfer, and credit card. A surcharge of up to 2% may apply to credit card payments.
9.5 For smaller service works or maintenance jobs, payment may be required immediately upon completion.
9.6 If any amount remains unpaid after the due date:
- interest may be charged at a rate of $35.00 for standard jobs, calculated monthly;
- interest may be charged at a rate of 10% on Payment plans, calculated monthly;
- Aquatek Plumbing & Gas reserves the right to suspend further works or services without notice.
9.7 The customer is liable for all costs incurred in recovering overdue amounts, including but not limited to:
- debt collection agency fees;
- legal costs on an indemnity basis;
- administrative and recovery charges.
9.8 Ownership of all goods supplied remains with Aquatek Plumbing & Gas until full payment has been received.
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. Discount may be capped at a certain amount.
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 remain 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. Termination
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.
14. Cancellation Policy
14.1 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 12 hours prior scheduled appointment to cancel or reschedule the appointment. Cancellations made 1 hour or less before an appointment will be subject to a charge of $80. This includes appointments where Aquatek Plumbing & Gas is unable to access the property, is turned away, gets canceled on the way to the property or the customer is unavailable.
14.2 Accepted quoted works or larger projects where Aquatek Plumbing & Gas has scheduled multiple days, organised machinery, materials, or allocated resources specifically for the project, must be cancelled with a minimum of 96 hours’ notice.
Failure to provide sufficient notice may result in the loss of the deposit paid. In cases where no deposit has been paid, a cancellation fee of 10% of the quoted amount may be charged to cover loss of work, restocking fees, administration, and other project-related expenses.
15. Force Majeure
Neither party will be liable for any failure or delay in performing obligations where such failure or delay is due to events beyond reasonable control, including but not limited to weather events, supply chain disruptions, industrial disputes, or emergencies.
16. Indemnity
The customer indemnifies Aquatek Plumbing & Gas against any loss, damage, cost, or liability arising from:
- inaccurate or incomplete information provided by the customer;
- unsafe or non-compliant site conditions;
- acts or omissions of third parties not under our control.
