MT Walsh Corporations Pty Ltd T/A Under Pressure Plumbing & Gas

Terms and Conditions of Trade

Any and all Works carried out by Under Pressure Plumbing & Gas either quoted or otherwise shall be subject to these Terms and Conditions in full. It is the sole responsibility of the Client to read the Terms and Conditions carefully and pursue legal advice if required before engaging Under Pressure Plumbing & Gas.

The Client accepts and is bound by the Terms and Conditions contained in this document by placing an order for or accepting delivery of Works.

1.0 Definitions

1.1 "Under Pressure Plumbing & Gas" shall mean MT Walsh Corporations Pty Ltd (ACN 664 327 431) trading as Under Pressure Plumbing & Gas, or any agents, contractors and employees hereof.

1.2 "Client" shall mean the person/s ordering the Works as specified in any invoice, document or order, and if there is more than one Client, a reference to each Client jointly and severally.

1.3 PPSA means Personal Property Securities Act 2009 (Cth).

1.4 "Works" means all work or materials supplied by Under Pressure Plumbing & Gas to the Client at the Client"s request from time to time (where the context so permits the terms Works or Materials shall be interchangeable for the other).

2.0 Payments

2.1 The Client agrees to make progress payments as requested. Failure to do so will cancel all further Works until such time progress payments are paid. The Client agrees to pay the full invoice amount on the completion of Works.

2.2 Credit card, EFT & cash payments are the only accepted payment methods. The Client gives permission to Under Pressure Plumbing & Gas to carry out transactions over the phone using credit card details provided by the Client for the value of the invoice amount or as per payment arrangement i.e. deposit or progress payments.

2.3 A credit card transaction fee of 2.2% applies to all credit card payments.

2.4 Any payments which fall overdue shall incur a non-negotiable late fee of 10% with interest calculated monthly at a rate of 15% per annum until paid in full.

2.5 All quoted Works are subject to variations as required and are at the discretion of Under Pressure Plumbing & Gas in order to carry out and complete Works to Australian Safety Standards. All variations will incur further fees and charges in addition to the original quoted amount.

2.6 Under Pressure Plumbing & Gas fees are subject to change without notification to the Client.

2.7 Additional fees & charges shall apply outside of normal business hours of 7:00am to 5:00pm Monday to Friday and 8:00am to 12:00pm on Saturday.

2.8 The Client accepts that all invoices shall be provided in categories of service & GST only. Itemised accounts will not be issued.

3.0 Goods and Risk

3.1 All goods and Materials supplied by Under Pressure Plumbing & Gas shall remain the property of Under Pressure Plumbing & Gas until such time payment is received in full.

3.2 If Under Pressure Plumbing & Gas retains ownership of the Materials or goods:

(a) where Under Pressure Plumbing & Gas is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either;

(i) the Client or the Client"s nominated carrier takes possession of the Materials at Under Pressure Plumbing & Gas" address; or

(ii) the Materials are delivered by Under Pressure Plumbing & Gas or their nominated carrier to the Client"s nominated delivery address (even if the Client is not present at the address).

(b) where Under Pressure Plumbing & Gas is to both supply and install Materials then risk for the Works shall immediately pass to the Client upon completion of the Works."

3.3 Notwithstanding the provisions of clause 3.2, where Under Pressure Plumbing & Gas requires that Materials, fittings and appliances, or plant and tools required for the Works be stored at the work site, the Client shall supply Under Pressure Plumbing & Gas a safe area for storage and shall take all reasonable efforts to protect all items from possible destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client"s responsibility.

3.4 Where the Client has supplied materials for Under Pressure Plumbing & Gas to complete the Works, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in the materials. Under Pressure Plumbing & Gas shall not be responsible for any defects in the materials, any loss or damage to the Materials (or any part thereof), howsoever arising from the use of materials supplied by the Client.

3.5 The Client acknowledges that Under Pressure Plumbing & Gas is only responsible for parts that are replaced by Under Pressure Plumbing & Gas, and in the event that other materials subsequently fail, the Client agrees to indemnify Under Pressure Plumbing & Gas against any loss or damage to the Materials or Works caused by the materials, or any part thereof howsoever arising.

3.6 Where the Client is to supply Under Pressure Plumbing & Gas with any design specifications, the Client shall be responsible for providing accurate data. Under Pressure Plumbing & Gas shall not be liable whatsoever for any errors in the Materials that are caused by incorrect or inaccurate data being supplied by the Client.

3.7 Any advice, recommendation, information, assistance or service provided by Under Pressure Plumbing & Gas in relation to Materials or Works supplied is given in good faith, is based on Under Pressure Plumbing & Gas" own knowledge and experience and shall be accepted without liability on the part of Under Pressure Plumbing & Gas and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the materials or Works.

3.8 The Client agrees to indemnify Under Pressure Plumbing & Gas from any damage caused by any other tradesman during and after the completion of the Works. If the Client instructs of Under Pressure Plumbing & Gas to rectify any damage caused by any other tradesman, this will become a variation to the original quotation and will be charged at in accordance with clause 2.5.

4.0 Cancellation Policy

4.1 Under Pressure Plumbing & Gas may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours written advice. Under Pressure Plumbing & Gas shall not be liable for any loss or damage arising from such cancellation.

4.2 The Client must provide Under Pressure Plumbing & Gas with at least 24 hours of any cancellation of Works. Failure to do so will incur a minimum charge of $110 including GST.

4.3 Placing a deposit with Under Pressure Plumbing & Gas secures and confirms the Works. Where a deposit has been paid to Under Pressure Plumbing & Gas, such deposit(s) are non-refundable.

 

 

5.0 Warranty

5.1 Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on workmanship in the exact location & scope as carried out by Under Pressure Plumbing & Gas. Client must provide original invoice for proof of Works.

5.1 Any additional site visits required for warranty calls will be charged out at $129 including GST if no fault or issue is found that relates to the Works.

5.2 All valve and valve type parts as well as any specified items installed by Under Pressure Plumbing & Gas must be serviced annually by Under Pressure Plumbing & Gas. Failure to do so shall void all warranty. It is the sole responsibility of the Client to arrange an appointment.

5.3 The Client shall inspect the Works upon completion and must report any damage or defects in the Works within 48 hours in writing to Under Pressure Plumbing & Gas. The Client shall afford Under Pressure Plumbing & Gas an opportunity to inspect the alleged damage or defect within 7 working days from date of written notification and give Under Pressure Plumbing & Gas the opportunity to make good to Australian or otherwise reasonable standards within 14 working days.

5.4 No warranty shall be provided on blocked sewer, drainage or storm water as set out at clause 10.1.

6.0 Intellectual Property

6.1 Where Under Pressure Plumbing & Gas has provided designs or drawings to the Client, then the intellectual property in those designs and drawings shall remain vested in Under Pressure Plumbing & Gas and shall only be used by the Client at Under Pressure Plumbing & Gas" discretion and with written consent to do so.

7.0 Clients Disclaimer

7.1 In entering into these Terms and Conditions, the Customer has not relied on any warranty, representation or statement, whether oral or written, made by the Supplier or any of its employees or agents relating to or in connection with the Works.

7.2 Under Pressure Plumbing & Gas gives no warranty in relation to the Works provided or supplied. Under no circumstances is Under Pressure Plumbing & Gas or any of its suppliers liable or responsible in any way to the Client or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Works including in their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:

(a) Any of the Works supplied to the Customer;

(b) Any delay in supply of the Works; or

(c) Any failure to supply the Works.

8.0 Underground Services

8.1 The Client will indemnify Under Pressure Plumbing & Gas and keep Under Pressure Plumbing & Gas indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from Works which are buried or unseen being disturbed or damaged. Under Pressure Plumbing & Gas will not be liable for any repair work and any repair work required will be the responsibility of the Client. Such liability, loss, claims or proceedings includes but is not limited to:

""""""""""""""" (a) Damage to the property, real or personal;

""""""""""""""" (b) Death or personal injury; or

""""""""""""""" (c) Consequential or economic loss of any kind.

9.0 Rock & Filled Ground 

9.1 Unless specifically included in written quotes and/or estimates, rock excavation, hard digging, dewatering or supportive work including but not limited to pier & beams for filled or made-up ground will be charged out as a variation to the original price. Quotation is based on excavation of clean soils only, unless otherwise specifically stated in writing.

9.2 Existing soils shall be returned to excavated areas where possible and the ground shall be left filled. Landscaping and concrete Works are not included in quotation unless specified be in writing. All concrete, paving and landscape Works including shrub, plant or lawn replacement will be treated as a variation as set out in clause 2.5 of this document.

10.0 Drains & Sewer 

10.1 The Client understands that the presence of plant or tree root growth and/or blockages generally indicates damaged pipes. Additionally, the Client agrees that blocked drains, sewer pipes and storm water lines cannot be permanently fixed by removing plant or tree root growth or cleaning the drain. Therefore, no warranty is provided in relation to future blockages for any period whether in the same location or other drainage or sewer lines within the same property.

10.2 The Client acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at Under Pressure Plumbing & Gas sole discretion in an attempt to identify the source of the blocked drain. Should CCTV equipment be used, the Client acknowledges that additional charges will imposed.

10.3 Should any Under Pressure Plumbing & Gas' equipment become lodged or damaged in the Client"s drain, it will be removed and, if required, repaired at the Client"s expense (includes materials, parts and labour) or monetary compensation to the total replacement of same or higher quality value will become payable to Under Pressure Plumbing & Gas at completion of the Works.

11.0 Dispute Resolution

11.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying & providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.

11.2 At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration.

11.3 Any arbitration shall be referred to The Consumer Trader & Tenancy Tribunal (CTTT).

12.0 Non-Payment

""""""""""""""" 12.1 In this clause, financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

12.2 Upon accepting these terms and conditions the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials that have previously been supplied and that will be supplied in the future by Under Pressure Plumbing & Gas to the Client.

12.3 The Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Under Pressure Plumbing & Gas may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in section 12.3(a)(i) or 15.3(a)(ii);

(b) indemnify, and upon demand reimburse, Under Pressure Plumbing & Gas for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of Under Pressure Plumbing & Gas; 

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials in favour of a third party without the prior written consent of Under Pressure Plumbing & Gas; and

(e) immediately advise Under Pressure Plumbing & Gas of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such sales.

12.4 Under Pressure Plumbing & Gas and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

12.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

12.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

12.7 Unless otherwise agreed to in writing by Under Pressure Plumbing & Gas, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.

12.8 The Client shall unconditionally ratify any actions taken by Under Pressure Plumbing & Gas under clauses 12.3 to 12.5.

12.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

12.10 In consideration of Under Pressure Plumbing & Gas agreeing to supply the Works, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged (including but not limited to lodging a caveat over real property), owned by the Client either now or in the future, to secure the performance by the  Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

12.11 The Client indemnifies Under Pressure Plumbing & Gas from and against all costs and disbursements incurred by Under Pressure Plumbing & Gas, including legal costs on indemnity basis incurred in exercising Under Pressure Plumbing & Gas"s rights under any clause of this document or otherwise.

13.0 Compliance with Laws

13.1 The Client and Under Pressure Plumbing & Gas shall comply with the provisions of all statutes, regulations and bylaws of government, local & other public authorities that may be applicable to the Works.

13.2 The Client shall obtain (at the expense of the Client) all licenses & approvals that may be required for the Works (councils or other governing agents).

13.3 The Client agrees that the site will comply with any occupational health & safety laws relating to building and/or construction sites and any other relevant safety standards or legislation.

14.0 General

14.1 The Client agrees to Under Pressure Plumbing & Gas using their personal information for marketing purposes & gives Under Pressure Plumbing & Gas permission to send out future advertising material.

14.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

14.3 Under Pressure Plumbing & Gas does not accept any responsibility for damage to property during Works being carrying out or by any subsequent plumbing failure arising from the scope of Works conducted by Under Pressure Plumbing & Gas.

14.4 Under Pressure Plumbing & Gas shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour, machinery or materials outside the direct control of Under Pressure Plumbing & Gas.

14.5 In the event of any breach of this contract by Under Pressure Plumbing & Gas the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Under Pressure Plumbing & Gas exceed the price of the Goods.

14.6 The Client shall give Under Pressure Plumbing & Gas not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Clients details (including but not limited to, changes in the Clients name, address, contact phone or fax number(s) or business practice). The Client shall be liable for any loss incurred by Under Pressure Plumbing & Gas as a result of the Client"s failure to comply with this clause.

14.7 The Client warrants that any structures to which the materials are to be affixed are able to withstand the installation of the materials and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe wiring or dangerous access to roofing) that Under Pressure Plumbing & Gas, its employees or Under Pressure Plumbing & Gas reasonably form the opinion that the Client"s premises is not safe for the installation of materials to proceed then Under Pressure Plumbing & Gas shall be entitled to delay installation of the materials or the carrying out of the Works until Under Pressure Plumbing & Gas is satisfied that it is safe for the Works to proceed. Under Pressure Plumbing & Gas may at its sole discretion agree to bring the premises up to a standard suitable for installation to proceed but all such works undertaken and any additional materials supplied shall be treated as a variation and be charged for in addition to the price for the Works.

14.8 Under Pressure Plumbing & Gas reserves the right to review & make changes to these terms & conditions at any time.