1.1. 'Contractor' shall mean Hero Plumbing Heating Cooling Electrical Pty Ltd and its successors or assigns
1.2. 'Client' shall mean the Client, any person acting on behalf of and with the authority of the Client, or any person purchasing products and services from the Contractor.
1.3. 'Guarantor' means that person (or persons), or entity who agrees herein to be liable for the debts of the Client on a principal debtor basis.
1.4. 'Goods' mean the products, parts, components, materials and equipment supplied or to be supplied by the Contractor to the Client.
1.5. 'Services'mean the Services provided or to be provided by the Contractor to the Client.
1.6. 'Price' shall mean the cost of the Goods and Services as agreed between the Contractor and the Client.
2.1. Any instructions received by the Contractor from the Client for the supply of Goods and/or Services and/or the Client’s acceptance of Goods and/or Services supplied by the Contractor shall constitute acceptance of the terms and conditions contained in this document.
2.2. Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price and must adhere to these terms and conditions.
2.3. Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be rescinded with the written consent of the manager of the Contractor.
2.4. Upon acceptance of the invoice(s) and payment of any deposits, it is hereby understood and agreed that refunds will not be issued. The deposit serves as a commitment fee, securing the Contractors availability and resources for the specific scope of work.
3.1. The Contractor warrants and represents that the Contractor/s have all necessary skills, experience and licenses to be able to perform Services, and as such will perform services in a workmanlike manner.
3.2. In the situation that an event occurs beyond the control of the Contractor which as a result prevents the contractor from performing the work as planned, including the agreed date, the Contractor will endeavour to inform the Client of such changes and make alternate arrangements where possible.
3.3. The Contractor supplies all materials and equipment necessary to be able to correctly perform a service. Unless specified otherwise materials and products supplied will be of high quality and fit for their purpose.
3.4. The Contractor may employ and use sub-contractors to provide any services relevant to the work to be performed. The Contractor is solely responsible for all fees payable to sub-contractors.
3.5. No agents or representatives of the Contractor are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Contractor nor is the Contractor bound by any unauthorised statements made by any such agent.
3.6. The Client warrants to give the Contractor not less than fourteen (14) days prior written notice of any proposed change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice).
3.7. Where a Client cancels an engagement of the Services of the Contractor after the Services have commenced or have been authorised to be commenced, the Client will be held liable for costs incurred by the Contractor in relation to the provision of Services and/or Goods up to the point of cancellation.
4.1. The Price will be as indicated on invoices provided by the contractor to the Client with respect to Goods or Services supplied by the Contractor and will be inclusive of GST unless specified otherwise.
4.2. Time for payment of the Goods and/or Services will be of the essence and will be stated on the invoice, quotation or any other order form. If no time appears to be stated, or a time stated contradicts with any other time stated, the time will be upon completion. However, for invoices over $3,000.00 staged payments will be required. These staged payments will be communicated clearly to the Client.
4.3. All quotes provided by the Contractor will remain valid for 14 days after the quote has been tendered initially.
4.4. Upon the expiration of that period, if the Client wishes to proceed, a new quote will be required to be issued by the Contractor.
4.5. The Contractor accepts payment via Electronic Funds Transfer, Cash or Mastercard/VISA Credit Card. The Client irrevocably and unconditionally authorises the Contractor to charge its credit card or debit card for the invoiced Price under this agreement.
4.6. In the event the Client defaults in payment of an invoice, the Client shall indemnify the Contractor from any costs incurred by the Contractor in recovering the outstanding amount, such as through a debt recovery institution or through solicitors’ fees.
4.7. During the works any alterations or additional work carried out will be at an extra cost as agreed upon between the Contractor and Client and will be reflected in the Price on the invoice which relates to those works. This will include where it becomes apparent that the supply of a Good or Service is contingent upon other Goods and/or Services being delivered or supplied.
4.8. If the Client requires a variation in Service, the Contractor will provide a quotation to account for the variation which may affect the price of the initial quotation. If the Client does not accept the change in price, the Contractor is not obligated to carry out the variation in work unless the work is required in the case of an emergency.
4.9. The Contractor may increase its Price in its absolute and reasonable discretion (for such reasons including, but not limited to, increased operation costs, increasing cost of Goods faced by the Contractor and travel costs), by providing the Client with written notice of such increase to its Price.
5.1. The Client is responsible for ensuring the Contractor has clear, safe and uninterrupted access to the site until the Contractor has completed its work.
5.2. The Client will upon written notice from the Contractor, immediately reimburse the Contractor for any reasonable costs incurred from the Contractors access to the Site being prevented or interrupted for any reason including failure on the part of the Client to be present to allow access.
5.3. When working on a tiled roof, care will be taken not to cause damage to roof tiles, however in the case that damage occurs the Contractor cannot be held responsible for the cost in replacing roof tiles or any damage caused. Due to old or brittle roof tiles breakage can occur. If this should occur, it is at the discretion of the Contractor to identify any cracks or breaks, notify the Client and/or move those tiles to areas over eaves and silicone seal them or replace them if the Client has spares.
5.4. Should the Contractor need to carry tools, equipment or appliances (including hot water systems & air-conditioning units) through a property care will be taken in doing so to not cause damage to the property but no liability will be accepted in the event this occurs. This includes due to the use of a trolley on floor coverings.
5.5. The Contractor will not be held liable for any delays for work not being completed due to weather conditions, shortage of labour hire or machinery and materials being unavailable or out of stock for use by the Contractor.
5.6. Prior to the Contractor commencing work for the Client, the Client must notify the Contractor of the precise location of all covered mains and services underground, in floors, walls, and cavities on the Site. If the Client does not do this, the Contractor is precluded from any or all liability in the event of an incident.
6.1. All Goods supplied by the Contractor to the Client shall, until the Contractor receives full payment for the same:
6.1.1. remain the property of the Contractor;
6.1.2. give rise to a PMSI in the Goods; and
6.1.3. not be a fixture to land.
6.2. In the event of a breach of these terms and conditions by the Client and in addition to any other right or entitlement the Contractor may have under the Contract or at law, the Contractor may without notice, repossess the Goods. The Client irrevocably authorises the Contractor to enter the premises upon which the Goods are located to repossess the same.
7.1. Claims the Client makes to the Contractor to replace or refund any Goods or resupply any Services that the Client allege to be defective shall only be valid and considered if:
7.1.1. the Client notifies the Contractor of any alleged defect in writing;
7.1.2. within seven (7) days from the date of receipt of the Goods and Services; and
7.1.3. provides an opportunity to the Contractor to inspect the Goods shortly following the supply or delivery of the Good.
7.2. If the Client fails to comply with provision 7.1, the Goods shall be presumed conclusively to be in accordance with the terms and conditions and free from any defect or damage whatsoever.
7.3. If following the inspection, the Contractor considers the Goods or Services provided to be defective, then it may, in its absolute discretion, elect to:
7.3.1. in the case of the supply of Goods, replace, repair or resupply the Goods;
7.3.2. in the case of the supply of Services, supply the Services again;
7.3.3. refund the cost of supplying the Goods and Services; or
7.3.4. a combination of the above.
7.4. The warranty given in clause 7.3 shall not cover any defect or damage which may be caused or partially caused by or arising through:
7.4.1. failure on the part of the Client to properly maintain any Goods;
7.4.2. failure on the part of the Client to follow any instruction given by the Contractor with respect to the Goods or Services;
7.4.3. any use of any Goods otherwise than for any application specified by the Contractor or specified on any quote or order form;
7.4.4. the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonable operator or user of the Good; or
7.4.5. fair wear and tear, any accident or act of God.
7.5. The warranty shall cease and the Contractor will thereafter in no way be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Contractor’s consent.
7.6. In respect of any and all claims, the Contractor shall not be liable to compensate the Client for any delay in either replacing or repairing the Goods or in assessing the Client’s claim.
8.1. The presence of root growth or blockages from other external sources generally indicates damaged pipes. This damage cannot necessarily be rectified by removing the blockage. Hence, there is no warranty relating to the event where blockages reoccur.
8.2. In the event that a pipe previously unblocked and cleared becomes blocked again at a time following the initial clearing of the pipe in question was carried out, further work undertaken to once again unblock and clear the pipe will be treated as being a separate contract for the Contractor’s purposes.
8.3. Additional costs will be incurred by the Client where in the case of a fault occurring after the installation or upgrade of a switchboard from ceramic fuses or even in the installation of a Residual Current Device (RCD)/Safety Switch, fault may appear for e.g. earth leakage, where additional costs apply due to it not being in conjunction with the initial fault find.
8.4. When the Contractor is called out to fault find in an old property with old pipework, other faults may be present which need to be necessarily corrected to access another fault, resulting in additional costs which in turn will affect the Price charged on the invoice.
8.5. In the event that any of the Contractor’s equipment becomes lodged in the Client’s faulty drain the Client will be liable for all costs incurred by the Contractor in retrieving and/or repairing the equipment
9.1. It is agreed by the Client and the Contractor that these terms will be construed in accordance with the law of New South Wales and each party covenants that it submits to the jurisdiction of the courts of New South Wales for the resolutions of any dispute under the agreement.
10.1. Despite anything to the contrary contained herein or any other rights which the Contractor may have howsoever:
10.1.1. where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or change all of their joint and/or several interest in the land, realty or any other asset to the Contractor (or the Contractor’s nominee) in order to secure all amounts payable to the Contractor. The Contractor shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
10.1.2. should the Contractor elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or the Guarantor shall indemnify the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and own client basis.
10.1.3. the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Contractor (or the Contractor’s nominee) as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1.
10.2. To the maximum extent permitted by the law the Client and/or Guarantor will be responsible for all liabilities, claims, damages, actions, costs and expenses which may be incurred by the Contractor as a result or arising out of any breach by the Client of the terms, warranties covenants or conditions of this Agreement.
