TERMS AND CONDITIONS OF TRADE
1. DEFINITIONS
In these Terms and Conditions:
“Company” means The Plumbing & Electrical Co. and its successors and assigns.
“Client” means the person, firm, company, or entity requesting or receiving Goods and/or Services.
“Goods” means all products, materials, equipment, and items supplied by the Company.
“Services” means all plumbing, electrical, maintenance, installation, repair, and related works performed by the Company.
“Contract” means any agreement between the Company and the Client incorporating these Terms.
2. APPLICATION OF TERMS
2.1 These Terms and Conditions apply to all Goods and Services supplied by the Company.
2.2 By engaging the Company, the Client is deemed to have accepted these Terms in full.
2.3 These Terms prevail over any inconsistent terms proposed by the Client unless expressly agreed in writing.
3. QUOTATIONS AND PRICING
3.1 All quotations are valid for a period of thirty (30) days unless otherwise stated.
3.2 The Company reserves the right to vary quoted pricing where site conditions differ from those reasonably anticipated, where additional work is required, where access is restricted or delayed, or where unforeseen circumstances arise.
3.3 All prices are inclusive of GST unless otherwise stated.
4. PAYMENT TERMS
4.1 Payment is due strictly in accordance with the terms specified on the Company’s invoice, unless otherwise agreed in writing.
4.2 The Company reserves the right, at its sole discretion, to require the Client to make a deposit, progress payments, or full payment prior to the completion of the Services.
4.3 The Client acknowledges and agrees that any fees associated with credit card payments or third-party payment processing are imposed by the relevant payment provider and are not included in the Company’s invoiced amount, and accordingly, such fees shall be payable by the Client in addition to the invoiced amount.
5. RETENTION OF TITLE
5.1 Legal and equitable ownership of all Goods supplied by the Company shall remain vested in the Company until such time as payment has been received in full and cleared funds have been obtained.
5.2 Until payment in full has been made, the Client acknowledges and agrees that it holds the Goods as bailee for the Company, and that the Company shall be entitled, without prejudice to any other rights, to enter upon any premises where the Goods are located for the purpose of recovering possession of such Goods without liability for any loss or damage arising from such entry. The Client further agrees that it shall not sell, dispose of, charge, encumber, or otherwise deal with the Goods in any manner inconsistent with the Company’s ownership interest.
6. DEFAULT AND DEBT RECOVERY
6.1 In the event that the Client fails to make payment by the due date, the entire outstanding balance shall become immediately due and payable, and the Company reserves the right to suspend or cease the provision of any Goods or Services without further notice.
6.2 The Client agrees that all costs incurred by the Company in recovering any outstanding amounts shall be recoverable from the Client on a full indemnity basis, including but not limited to legal costs on a solicitor-client basis, debt collection agency fees, administrative charges, and all associated disbursements. The Company further reserves the right to charge interest on any overdue amounts at a rate determined by the Company, not exceeding the maximum rate permitted by law.
6.3 The Company reserves the right to refer any unpaid account to a debt collection agency or other recovery process without further notice to the Client.
7. SERVICES AND WORKS
7.1 The Company shall perform all Services with due care, skill, and diligence, in accordance with generally accepted industry standards and applicable laws and regulations.
7.2 The Client acknowledges and agrees that plumbing and electrical works may involve latent conditions or defects that are not reasonably identifiable at the time of quotation, and that additional work, materials, or modifications may be required to ensure compliance with all applicable standards, codes, and regulatory requirements.
7.3 The Company reserves the right, at its sole discretion, to refuse to commence or to suspend or cease any Services where site conditions are unsafe, non-compliant, or otherwise unsuitable for the proper and lawful completion of the works.
8. WARRANTIES AND LIABILITY
8.1 The Company provides all warranties required under applicable legislation, including but not limited to the Australian Consumer Law (ACL), and nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies to which the Client may be entitled under such legislation.
8.2 To the maximum extent permitted by law, the Company shall not be liable for any indirect, consequential, incidental, or economic loss or damage whatsoever, and the Company’s liability, whether in contract, tort, or otherwise, shall be strictly limited to the cost of re-supplying the Goods or Services or, at the Company’s option, the cost of repairing or replacing the Goods.
8.3 Without limiting the foregoing, the Company shall not be liable for any loss, damage, or defect arising from pre-existing conditions, the acts or omissions of third parties, the use of materials or equipment supplied by the Client, or any misuse, neglect, or unauthorised alteration of the Goods or Services following completion.
8.4 FRAGILE, AGED & NON-STANDARD BUILDING MATERIALS
8.4.1 The Company will exercise reasonable care and skill when carrying out plumbing, gasfitting, drainage, electrical, leak detection, excavation, maintenance, installation, repair, and associated works.
8.4.2 The Client acknowledges that many properties contain aged, brittle, deteriorated, non-compliant, non-standard, defective, or otherwise fragile building materials and finishes, including but not limited to plaster, render, tiles, masonry, Besser blocks, cinder blocks, Fastwall panels, fibre cement sheeting, concrete, paving, brickwork, cabinetry, benchtops, roofing materials, waterproofing membranes, paint finishes, decorative coatings, and similar materials.
8.4.3 The Client acknowledges that where access to services, pipework, wiring, drains, fixtures, fittings, or concealed building elements is required, damage to surrounding materials may be unavoidable despite the exercise of reasonable care and skill.
8.4.4 To the maximum extent permitted by law, the Company shall not be liable for:
(a) cracking, chipping, crumbling, delamination, deterioration, collapse, or failure of existing building materials;
(b) damage resulting from the age, condition, quality, installation method, composition, or inherent characteristics of existing materials;
(c) damage caused by concealed defects, prior repairs, corrosion, water damage, structural movement, settlement, subsidence, deterioration, or latent conditions;
(d) the failure of brittle, fragile, degraded, non-compliant, defective, or substandard building materials during the course of necessary access works;
(e) variations in colour, texture, finish, appearance, or matching of repaired surfaces; and
(f) any requirement to replace, upgrade, reconstruct, or restore building materials that fail due to their age, condition, or inherent characteristics.
8.4.5 Unless expressly included within a written quotation, scope of works, or variation approved in writing, the Company's services do not include decorative reinstatement, plastering, rendering, painting, tiling, texture coating, waterproofing, cabinetry repairs, floor covering repairs, wall finishing, or any other specialist finishing trade works.
8.4.6 Where walls, floors, ceilings, paving, concrete, brickwork, render, masonry, or other surfaces are opened, penetrated, removed, disturbed, or damaged in order to facilitate plumbing, electrical, gas, drainage, leak detection, or associated works, the Company's responsibility is limited to leaving the affected area in a safe and reasonably tidy condition unless otherwise agreed in writing.
8.4.7 Any final cosmetic, decorative, aesthetic, or specialist reinstatement works remain the responsibility of the Client unless expressly included within the Company's written quotation.
8.4.8 Nothing in this clause excludes, restricts, or modifies any right, guarantee, warranty, or remedy which cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law or any other applicable legislation.
9. CLIENT OBLIGATIONS
9.1 The Client shall ensure that the Company is provided with safe, timely, and unobstructed access to the site at all relevant times, and shall obtain all necessary approvals, consents, and permissions required for the performance of the Services. The Client further warrants that all information provided to the Company in relation to the works is accurate, complete, and not misleading, and undertakes to disclose any matter that may reasonably affect the execution of the Services.
9.2 The Client shall be liable for, and indemnifies the Company against, any delay, loss, or additional cost incurred as a result of restricted access, inadequate site conditions, or the provision of incomplete or inaccurate information.
10. INSURANCE AND RISK
10.1 Risk in all Goods supplied shall pass to the Client upon delivery to the site or upon installation, whichever occurs first.
10.2 The Client shall be solely responsible for maintaining adequate and appropriate insurance cover in respect of the property, contents, and any consequential loss or damage arising in connection with the Goods or Services, including but not limited to loss resulting from water damage, electrical fault, or system failure.
11. VARIATIONS
11.1 Any variation to the agreed scope of works must be approved by the Client.
11.2 Variations will be charged at applicable rates and may affect completion timeframes.
12. TERMINATION
12.1 The Company reserves the right to terminate the Contract immediately, without prejudice to any other rights or remedies, in the event that the Client breaches any provision of these Terms, fails to make payment when due, or where the Company reasonably determines that continuation of the Services is impractical, unsafe, or otherwise not commercially viable.
13. WEBSITE TERMS AND INTELLECTUAL PROPERTY
13.1 All content published on the Company’s website, including but not limited to text, images, logos, graphics, and other materials, is the exclusive property of the Company and is protected by applicable intellectual property laws.
13.2 The Client must not, without the prior written consent of the Company, copy, reproduce, modify, distribute, transmit, display, or otherwise use any such content for any purpose other than its intended use.
13.3 The Company makes no representation or warranty as to the accuracy, completeness, or reliability of any information contained on its website and shall not be liable for any loss or damage arising from reliance on such information.
14. PRIVACY
14.1 The Company collects, stores, and manages personal information in accordance with its Privacy Policy and applicable privacy legislation.
14.2 The Client consents to the collection, use, and disclosure of personal information by the Company for the purposes of providing Services, administering accounts, and undertaking any necessary debt recovery processes.
15. DISPUTE RESOLUTION
15.1 The parties agree to attempt to resolve disputes in good faith prior to commencing legal proceedings.
15.2 If unresolved, either party may pursue remedies available at law.
16. GOVERNING LAW
16.1 This Contract is governed by the laws of Western Australia.
16.2 The parties submit to the exclusive jurisdiction of the courts of Western Australia.
17. GENERAL
17.1 If any provision of these Terms is deemed invalid, the remaining provisions shall remain in full force.
17.2 These Terms constitute the entire agreement between the parties.