Terms and Conditions
The following terms and conditions are the Terms and Conditions upon which D & N Plumbing Pty Ltd (ABN 82 096 574 015) and any person acting on its behalf and with its authority (“D & N Plumbing”) will provide plumbing services to any person, business or corporation that engages D & N Plumbing Services to provide plumbing services (“Client”). The Parties now covenant and agree:
1 Interpretation and Definitions
1.1 in this document, unless the context requires otherwise:
the singular includes the plural, the plural includes the singular and any gender includes each other gender;
the word “person” includes a firm, a body corporate, an unincorporated association, or an authority;
the word “Goods” refers to the plumbing products and associated components stated on any quotes or other paperwork that D & N Plumbing Pty Ltd provides to the Client;
the word “Site” refers to the place where D & N Plumbing Pty Ltd work is carried out;
a reference to a person or a Party includes that person’s or Party’s executors, administrators, successors in title, and assigns;
an agreement, representation, or warranty in favor of two or more persons is for the benefit of them jointly and severally;
an agreement, representation, or warranty on the part of two or more persons binds them jointly and severally;
a reference to a thing includes a reference to the whole or any part of that thing;
if a word or phrase is defined, cognate words and phrases have a corresponding meaning; and
headings are for convenience only and do not affect the interpretation of this document.
2 Basis of these Terms and Conditions
2.1 The basis of these Terms and Conditions is for D & N Plumbing Pty Ltd to provide the Client with plumbing services and for the Client to pay D & N Plumbing for providing the same.
2.2 D & N Plumbing Pty Ltd agrees that it will provide plumbing services to the Client with due care and skill.
2.3 The Client agrees that before placing an order with D & N Plumbing Services Pty Ltd, it has read and agrees to the Terms and Conditions in this document.
2.4 These Terms and Conditions may only be amended with D & N Plumbing Services Pty Ltd consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Parties.
3 Changes to these Terms
3.1 From time to time, D & N Plumbing Services Pty Ltd may need to change these Terms and Conditions to reflect its changing business. It may also need to change these Terms and Conditions if it is required to by law.
3.2 D & N Plumbing Services Pty Ltd may change the Terms and Conditions at any time.
4 D & N Plumbing Services Pty Ltd Fees
4.1 D & N Plumbing Services Pty Ltd fees will be quoted upon request and are subject to change if the information differs from what was in the original quote and further works had to be completed.
4.2 If the Client requests that D & N Plumbing Services Pty Ltd provides a hot water system replacement, then D & N Plumbing Services Pty Ltd will require the Client to pay a deposit of 20% of the quoted price. D & N Plumbing Services Pty Ltd will not refund the deposit under any circumstance.
5 Payment of Invoices
5.1 The Client must pay the entirety of the D & N Plumbing Services Pty Ltd invoice on the day of issue.
5.2 D & N Plumbing Services Pty Ltd accepts payment by cash, credit card (Visa or Mastercard), or electronic bank transfer.
5.3 If any invoice is not paid in full on the day of issue, then D & N Plumbing Services Pty Ltd may cease providing its services immediately;
will charge interest on the outstanding amount calculated from the due date of payment until payment is made in full. Interest will be charged at the rate of 8% per annum on the principal; and
if the Client does not pay the entire amount due on the invoice within 30 days, then D & N Plumbing Services Pty Ltd may, at its discretion, engage a lawyer to assist with collecting the outstanding account. The Client will be responsible to pay for all costs that D & N Plumbing Services Pty Ltd incurs regarding the collection of the outstanding monies.
6 Change of Details
6.1 The Client shall give D & N Plumbing Services Pty Ltd not less than fourteen (14) days prior written notice of any proposed change in ownership of the Client and/or any other change in the Client’s details (including, but not limited to, changes to the Client’s name, address, telephone number, fax number, or email address). The Client shall be liable for any loss incurred by D & N Plumbing Services Pty Ltd as a result of the Client’s failure to comply with this Clause.
7.1 D & N Plumbing Services Pty Ltd may cancel its obligation to complete work to which these Terms and Conditions apply before it commences the works by giving either verbal or written notice to the Client. D & N Plumbing Services Pty Ltd shall not be liable for any loss or damage whatsoever arising from the cancellation.
8.1 Unless otherwise stated, the price for the services is GST-exclusive.
9.1 Should D & N Plumbing Services Pty Ltd work be delayed for reasons beyond D & N Plumbing Services Pty Ltd's control, then the Client shall indemnify D & N Plumbing Services Pty Ltd from any increased costs, losses, or expenses due to the prolongation.
10 Site Access and Information
10.1 The Client will ensure that D & N Plumbing Services Pty Ltd has clear and uninterrupted access to the Site until D & N Plumbing Services Pty Ltd has completed its work. The Client shall indemnify D & N Plumbing Services Pty Ltd from additional costs or penalties if D & N Plumbing Services Pty Ltd cannot complete its work due to interrupted Site access.
10.2 Before D & N Plumbing Services Pty Ltd commencing work for the Client, the Client must advise D & N Plumbing Services Pty Ltd of the precise location of all underground mains and services on the Site and mark the same. The underground mains and services that the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, and telephone cables.
11.1 D & N Plumbing Services Pty Ltd has copyright in The Design. The Design means design concepts, drawings, and documents made under these Terms and Conditions.
11.2 D & N Plumbing Services Pty Ltd grants the Client an express but revocable license to use The Design for the project on the Site for which it was intended, subject to D & N Plumbing Services Pty Ltd being able to revoke the license in writing at its discretion. D & N Plumbing Services Pty Ltd will exercise its discretion reasonably.
12 Personal Property Securities Act 2009 (Cth)
12.1 The Client acknowledges until the Client pays in full for Goods supplied by D & N Plumbing Services Pty Ltd, D & N Plumbing Services Pty Ltd has to title to the Goods. When D & N Plumbing Services Pty Ltd supplies the Goods to the Client, this gives rise to a Security Interest in the Goods in favor of D & N Plumbing Services Pty Ltd, being a Purchase Money Security Interest. P D & N Plumbing Services Pty Ltd may register any Security Interest derived from the Goods on the Personal Property Security Register (“PPSR”) in any manner that it chooses. The Client must provide D & N Plumbing Services Pty Ltd with any information that it requires to effect registration with the PPSR. Regarding section 157(3) of the Personal Property Security Act 2009 (Cth), the Client unconditionally waives its right to receive any notice from D & N Plumbing Services Pty Ltd in connection with the registration of a Security Interest by D & N Plumbing Services Pty Ltd. The Client agrees that until title to the Goods passes to it that the Goods are not a fixture to land.
13.1 The Client shall:
Ensure the Client or its representative remains on the Site during the performance of D & N Plumbing Services Pty Ltd work;
Sign off that the work was completed by D & N Plumbing Services Pty Ltd according to a quote or work authorisation form; and
Indemnify D & N Plumbing Services Pty Ltd from any claims or charges relating to damage and/or loss of property from the Site.
14 Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
14.1 The Customer must inspect all materials on delivery (or the works on completion) and must within seven (7) days of delivery notify D & N Plumbing Services Pty Ltd in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must provide D & N Plumbing Services Pty Ltd with a reasonable opportunity to modify any defect/damage.
15.1 D & N Plumbing Services Pty Ltd may terminate this Agreement immediately after giving the Client notice in writing. Upon terminating the Agreement the Client must pay all of the outstanding balances of all invoices provided to the Client before the notice; and
15.2 If the Client does not pay D & N Plumbing Services Pty Ltd the outstanding balance, then D & N Plumbing Services Pty Ltd has the right to make a claim against the Client for breach of contract or in equity or both. Clause 5 of these Terms and Conditions would apply.
16.1 The Client authorises D & N Plumbing Services Pty Ltd to collect, retain, record, use and disclose consumer and/or commercial information about the Client, following the Privacy Act 1988 (Cth) and its amendments, to people or legal entities who are a solicitor or any other professional consultant engaged by the D & N Plumbing Services Pty Ltd, including a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.
17.1 Any provision of these terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable unless this would materially change the intended effect of these terms.
18 Governing Law
18.1 This Agreement shall be governed by the law of the State of New South Wales D & N Plumbing Services Pty Ltd and the Client consent to the non-exclusive jurisdiction of the Courts of the State of New South Wales.
19.1 No variation of or any waiver of any of these Terms and Conditions will be of any force or effect unless they are in writing and signed by D & N Plumbing Services Pty Ltd.
D & N Plumbing Services PTY LTD offers quality plumbing products and Service to all Sydney locals who know and trust, guaranteed to arrive on time with a courtesy call when our plumbers are on the way. our expert plumbers for plumbing, gas, drainage, hot water emergencies, and after-hours service.