TERMS AND CONDITIONS

Upon acceptance of our Quote you are entering into a contract with Kea Plumbing and agree to the following terms and conditions:

1. Any variation or termination may only be made in accordance with the terms of the contact.

2. Deposits are not refundable other than as provided in the quote/invoice. 

3. Where the Client is a corporation or partnership, its directors or partners agree to be bound by this quote/invoice jointly and severally. QUOTE/INVOICE PRICE AND PAYMENT.

4. The Client shall pay the quote amount and the price of any variation in accordance with these terms and conditions. 

5. The invoice shall be paid no later than 7 days from the Completion Date or the date of the invoice. 

6. If the Quote is to be divided into progress payments such payments shall be paid no later than 7 days from the date of the invoice relating to the progress payment. 

7. All prices are calculated on the basis of existing costs for labour, fixtures and materials at the date of pricing and for 30 days after. If the quote is not accepted by the Client within 30 days of receiving it the price may be varied or the offer otherwise lapses. 

8. Where Prime Cost Items and/ or provisional sums have been included in the Quote and a greater amount is spent than the allowance, the Client shall pay the difference to the Quote within 7 days of the date of dispatch of the invoice. Prime Cost Items are fittings, materials and products provided by the Quote at the specific direction of the Client and at the cost of the Client or provided by the Client at no cost to Kea Plumbing, but the installation or use of which may incur costs additional to those allowed for in the quote price. 

9. Warranties on Prime Cost items are provided by the Manufacturer. This quote makes no provision for costs associated with the removal or installation of Prime Cost Items that must be replaced under manufacturers’ warranty.

10. Kea Plumbing will take all reasonable care to ensure that Prime Cost Items are fit for purpose. 

11. This quote makes no provision for the excavation, removal and cartage of excess soil, hard ground, rock or reef materials that may be encountered during excavations. The Client must pay the costs of excavation/ removal of all excess soil, rock and/ or reef material. 

12. This quote makes no provision for the costs associated with the identification or removal and cartage of Asbestos Containing Material (ACM) that may be encountered during completion of Works. Costs associated with the identification and removal of ACM shall constitute a variation and such variation shall permit an additional charge for such work. 

13. Payment for excavation/removal of all rock and/or reef material and/or excess soil shall be made within 7 days of the date of the invoice. 

14. The Client acknowledges that pipes affected by root growth and or blockages are generally damaged as a result of such interference. The removal of root growth and/or blockages alone carries no warranty that similar problems will not recur unless permanent repairs are made to the affected pipework. 

15. Where additional work is agreed for special treatment and/or replacement of damaged drains due to the proximity of tree roots/ blockages, filled ground or like conditions, the additional costs of drain inspection and clearing equipment, use of cast iron or other special treatment or replacement work shall constitute a variation and such variation shall permit an additional charge for such work. 

16.  Where drain inspection or clearing equipment including but not limited to cables and hoses becomes jammed as a result of damaged drains or blockages, Kea Plumbing will be entitled to take reasonable action to retrieve such items. Costs associated with the retrieval of inspection and clearing equipment shall constitute a variation and such variation shall permit an additional charge for such work. 

17. The Quote for the Works is based upon the assumption that all existing installations comply with law, regulations and relevant Australian Standards. Any work required to bring existing installations into compliance with law, regulation and relevant Australian Standards shall constitute a variation. 

18. The Quote for the Works is based upon the assumption that Kea Plumbing will have access to the site during normal working hours at which the Works are carried out. If Kea Plumbing’s access to the site is impeded in any way, this shall constitute a variation.

19.  If the Client fails to make any payment, Kea Plumbing may charge interest on the outstanding amount/s at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) from the due date of payment until the date payment including interest is made in full. 

20. The Client is liable for all reasonable costs and expenses incurred by Kea Plumbing, incidental to and arising out of late payments of amounts due under this quote. 

21. The property in the goods sold and delivered pursuant to this quote/invoice (“Goods”) shall remain with Kea Plumbing until full payment is made by the Client to the Kea Plumbing together with all charges for extra materials and /or works made in accordance with this quote.

22. The Client agrees: (a) that, pursuant to the Personal Property Securities Act 2009 (“PPSA”), this quote creates a security interest in all Goods (and proceeds of Goods) in favour of the Quote to secure the purchase price for the Goods; (b) that the following sections of the PPSA do not apply: 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142, 143 and, to the extent section 115(7) applies, each section of Part 4.3 of the PPSA is excluded unless Kea Plumbing expresses in writing to retain Part 4.3 (which Kea Plumbing may elect to do either in whole or in part); (c) to waive its right to receive notice of a verification statement in relation to registration of a security interest; and (d) Kea Plumbing may recover from the Client the cost of taking any action under this clause 20, including registration, fees and costs on a Solicitor and Client basis. GOODS AND SERVICES TAX 24. The invoice price includes Goods and Services Tax (GST) which shall be applied according to law. 

KEA PLUMBINGS’S OBLIGATIONS 

23.  Kea Plumbing will use reasonable endeavours to complete the Works by the Completion Date but is not liable in any manner if the Works are not completed by the Completion Date. The Client hereby releases Kea Plumbing from any claim, liability or damages that may arise if the Works are not completed by the Completion Date. 

24. Kea Plumbing shall perform all work in a professional manner as required in Australian Standards and the MPMSAA Code of Ethics. 

25. Kea Plumbing shall perform all work in accordance with Occupational Health and Safety requirements. 

26.  Kea Plumbing shall handle any fixtures, fittings, materials and/or equipment provided by the Client with reasonable care. 

27. Kea Plumbing shall not be liable for any damage caused by defects in, or the unsuitability of client supplied fixtures, fittings, materials and/or equipment for the purposes for which they were intended by the Client. 

28. Kea Plumbing shall not be liable for any loss or damage resulting from any Act of Parliament, Government order, strike, war, delay in delivery of manufacturing materials or from any other circumstances beyond Kea Plumbing’s control. 

CLIENT’S OBLIGATIONS 

29. Where any fixtures, fittings, materials and/or equipment are supplied by the Client, they will be stored, handled and installed at the risk of the Client, subject to clause 

30. Kea Plumbing is not liable for any failure of materials supplied by the Client. 

31. All materials removed from the Client’s site/premises shall be deemed to be the property of Kea Plumbing unless notified by the Client. 

INSURANCE 

32. Kea Plumbing shall procure any insurances that is required by any Act of Parliament (“statutory insurance”) that imposes an obligation on Kea Plumbing to take insurance cover. 

33. The Client shall effect all other insurances that normally relate to risks generated in the work associated with the building work and the plumbing/mechanical services work (but not covered by such statutory insurance) and shall indemnify Kea Plumbing for any liability that falls within the ambit of such risks, unless it is agreed between parties that certain insurances shall be the responsibility of the Kea Plumbing in which case they will be listed as variations with the client being responsible for the applicable premiums. 

VARIATIONS 

34. This quote/invoice can only be varied by agreement in writing. 

SUSPENSION/TERMINATION OF QUOTE

35. Where the Client fails to comply with any of the conditions, Kea Plumbing may issue a notice of suspension and may suspend the Works until the Client remedies the default.

36.  If the Client does not remedy a default within 7 days after the date of suspension, Kea Plumbing may terminate works by sending a notice of termination to the Client.

37. Kea Plumbing’s right to suspend or terminate this quote exists in addition to the  other rights available at law to seek recompense for work done and material supplied to the date of suspension/termination. 

DISPUTE RESOLUTION 

38. If the Client is dissatisfied with any aspect of the Works, the Client must provide a notice of complaint to Kea Plumbing setting out the details of and the grounds for the complaint.

39. If Kea Plumbing receives a notice of complaint, Kea Plumbing must send a notice of reply to the Client setting out a method for dealing with the complaint