Terms and Conditions
To our most valued client: Thank you for choosing All Line Plumbing for your plumbing needs. Please take the time to review the following prior to us commencing your job.
For your peace of mind, we are fully insured with a $20,000,000 public liability cover and all our personnel are covered by a Workers Compensation policy in the event of injury. Policy numbers may be obtained upon request.
Picking up parts and equipment
We endeavour to keep a comprehensive supply of parts & equipment on each vehicle, however sometimes we will need to pick up gear specifically for the job. If this is the case, the cost for our time in picking up the gear will be included in the bill.
If we are attending a blocked drain, we will be using an electric eel or high pressure water jet to clear it. Sometimes, the pipe will be in poor condition and misaligned joints or partially collapsed lines can cause our equipment to become caught. If this happens, we will need to excavate the offending section to directly access the problem and the cost for doing so will be included in the bill.
Rates and charges
We have a service call, and our labour rates are charged per half hour or part thereof plus GST. Higher rates apply for after hours, weekends & public holidays. There are also parts that may be required specifically for your job & various equipment charges eg. electric eel & water jet fees if the job requires this equipment. Please ask the service technician to explain these costs to you, along with our *Warranty & Payment Terms below prior to us commencing your job.
No warranty can be given on clearing a blocked drain. Simply clearing away the blockage with an eel, jet or plunger does not mean the original problem causing it to block has been rectified. Common causes including collapsed, cracked or misaligned pipes. Re-growth of tree or grass roots will also cause a drain to block again. A warranty can only be given for a section of drain that has been excavated and replaced in PVC piping. If you have a recurring problem, please ask the service technician for a quotation to replace the offending section of the drain. We offer a standard 90 day parts and labour warranty on new items only that have been supplied and installed by us. If a part on a larger assembly is replaced, that part only is under warranty. We will replace it free of charge with no cost to client if it is found to be defective or installed incorrectly, however no other section of that assembly is covered. Similarly, if an existing item or assembly belonging to the client is modified or adjusted instead of being replaced, there is no warranty given.
All Line Plumbing - Terms & Conditions of Trade
1.1 "A.L.P" shall mean All Line Plumbing Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of All Line Plumbing Pty Ltd.
1.2 "Client" shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by A.L.P to the Client.
1.3 "Guarantor" means that person (or persons) who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 "Works" shall mean all Works (including the supply of Materials) undertaken by A.L.P and described in this contract and includes any advice or recommendations.
1.5 "Materials" shall mean all Materials required to complete the Works.
1.6 "Price" shall mean the Price payable for the Works, as agreed between A.L.P and the Client in accordance with clause 4 of this contract.
2. The Competition and Consumer Act 2010 ("CCA") and Fair Trading Acts ("FTA")
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitude to those Acts of re-enactment there of), except to the extent permitted by those Acts where applicable.
2.2 Where the Client purchases the Works as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer's statutory rights
3.1 Any instructions received by A.L.P from the Client for the performance of Works and/or the Client's acceptance of Works performed by A.L.P shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of A.L.P.
3.4 The Client shall give A.L.P not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any 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). The Client shall be liable for any loss incurred by A.L.P as a result of the Client's failure to comply with this clause.
3.5 Works are supplied by A.L.P only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client's order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
4. Price and Payment
4.1 At A.L.P's sole discretion the Price shall be either:
(a) as indicated on invoices provided by A.L.P to the Client in respect of Works supplied; or
(b) A.L.P's quoted Price (subject to clause 4.2) which shall be binding upon A.L.P provided that the Client shall accept A.L.P's quotation in writing within thirty (30) days.
4.2 A.L.P reserves the right to change the Price in the event of a variation to A.L.P's quotation. Any variation from the plan of scheduled Works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties such as hard rock barriers below the surface or iron reinforcing rods in concrete) will be charged for on the basis of A.L.P's quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
4.3 At A.L.P's sole discretion a non deposit may be required.
4.4 At A.L.P's sole discretion payment shall be due on completion of the Works.
4.5 A.L.P may submit detailed progress payment claims in accordance with A.L.P's specified payment schedule. Such payment cliams may include the resonable value of authorised variations and the value of any materials delivered to the site but not yet installed.
4.6 Time for payment shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
4.7 Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Client and A.L.P.
4.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Delivery of the Works
5.1 At A.L.P's sole discreation delivery of the Works shall take place when the Client takes possession of the Works at the Client's nominated address.
5.2 The Client shall make all arrangements necessary to take delivery of the Works whenever they are tendered for delivery. In the event that the Client is unable to take delievery of the Works as arranged then A.L.P shall be entitled to charge a resonable fee for redelivery.
5.3 Delivery of the Works to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
5.4 The Client shall take delivery of the Works tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that:
(a) such discrepancy in quantity shall not exceed five percent (5%); and
(b) the Price shall be adjusted pro rata to the discrepancy.
5.5 The failure of A.L.P to deliver shall not entitle either party to treat this contract as repudiated.
5.6 A.L.P shall not be liable for any loss or damage whatsoever due to failure by A.L.P to deliver the Works (or any of them) promptly or at all, where due to the circumstances beyond the control of A.L.P.
6.1 If A.L.P retains ownership of the Materials nonetheless, all risk for the Materials passes to the Client on delivery.
6.2 If any of the Works are damaged or destroyed following delivery but prior to ownership passing to the Client, A.L.P is entitled to receive all insurance proceeds payable for the Works. The production of these terms and conditions by A.L.P is sufficient evidence of A.L.P's rights to receive the insurance proceeds without the need for any person dealing with A.L.P to make further enquiries.
6.3 Where the Client expressly requests A.L.P to leave Materials outside A.L.P's premises for collection or to deliever the Materials to an unattended location then such Materials shall be left at the Client's sole risk and it shall be the Client's responsibility to ensure the Materials are insured adequately or at all.
6.4 Where A.L.P is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and A.L.P shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
6.5 The Client acknowledges and agrees that the presence of plant/tree root growth and/or blockages generally indicates damaged pipes. Accordingly the Client agrees that these pipes cannot be fixed by simply removing plant/tree root growth or cleaning the drain therefore no warranty is provided against this situation arising again in the future and in respect of any work carried out in relation thereto.
7.1 The Client shall ensure that A.L.P has clear and free access to the site at all times to enable them to undertake the Works. A.L.P shall not be liable for any loss or damage to the site unless due to the negligence of A.L.P.
8. Underground Locations
8.1 Prior to A.L.P commencing the Works, then the Client must advise A.L.P of the precise location of all underground services on the site and clearly mark the same. The underground mains and services 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, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
8.2 Whilst A.L.P will take all care to avoid damage to any underground services the Client agrees to indemnify A.L.P in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 8.1.
9.1 A.L.P and the Client agree that ownership of the Materials shall not pass until:
(a) the Client has paid A.L.P all amounts owing for the particular Materials; and
(b) the Client has met all other obligations due by the Client to A.L.P in respect of all contracts between A.L.P and the Client.
9.2 Receipt by A.L.P of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then A.L.P's ownership or rights in respect of the Materials shall continue.
9.3 It is further agreed that:
(a) where practicable the Materials shall be kept separate and identifiable until A.L.P shall have received payment and all other obligations of the Client are met; and
(b) until such time as ownership of the Materials shall pass from A.L.P to the Client A.L.P may give notice in writing to the Client to return the Materials or any of them to A.L.P.
Upon such notice the rights of the Client to obtain ownership or any other interest in the Materials shall cease; and
(c) A.L.P shall have the right of stopping the Materials in transit whether or not delivery has been made; and
(d) if the Client fails to return the Materials to A.L.P then A.L.P or A.L.P's agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Materials are situated and take possession of the Materials; and
(e) the Client is only a bailee of the Materials and until such time as A.L.P has received payment in full for the Materials then the Client shall hold any proceeds from the sale or disposal of the Materials, up to and including the amount the Client owes to A.L.P for the Materials, on trust for A.L.P; and
(f) the Client shall not deal with the money of A.L.P in any way which may be adverse to A.L.P; and
(g) the Client shall not charge the Materials in any way nor grant nor otherwise give any interest in the Materials while they remain the property of A.L.P; and
(h) A.L.P can issue proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials may not have passed to the Client; and
(i) until such time that ownership in the Materials passes to the Client, if the Materials are converted into other products, the parties agree that A.L.P will be the owner of the end products.
10. Personal Property Securities Act 2009 ("PPSA")
10.1 In the clause:
(a) financing statement has the meaning given to it by PPSA;
(b) financing change statement has the meaning given to it by the PPSA;
(c) security agreement means the security agreement under the PSSA created between the Client and A.L.P by these terms and conditions; and
(d) security interest has the meaning given to it by the PPSA.
10.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions:
(a) constitude a security agreement for the purposes of the PPSA; and
(b) create a security interest in:
(i) all Materials previously supplied by A.L.P to the Client (if any);
(ii) all Materials that will be supplied in the future by A.L.P to the Client.
10.3 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 A.L.P may resonably 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 clause 10.3(a)(i) or 10.3(a)(ii);
(b) indemnify, and upon demand reimburse, A.L.P 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 secuirty interest without the prior written consent of A.L.P;
(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 A.L.P; and
(e) immediately advise A.L.P 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.
10.4 A.L.P 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
10.5 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.
10.6 The Client waives its rights as a grantor and/or a debtor under section 142 and 143 of the PPSA.
10.7 Unless otherwise agreed to in writing by A.L.P, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
10.8 The Client shall unconditionally ratify any actions taken by A.L.P under clauses 10.3 to 10.5.
11. Security and Charge
11.1 Despite anything to the contrary contained herein or any other rights which A.L.P may have howsoever:
(a) 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 charge all of their joint and/or several interest in the said land, realty or any other asset to A.L.P or A.L.P's nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that A.L.P (or A.L.P's nominee) 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.
(b) should A.L.P elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify A.L.P from and against all A.L.P's costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint A.L.P or A.L.P'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 14.1.
12.1 The Client shall inspect the Works on delivery and shall, within five (5) days of delivery (time being of the essence) notify A.L.P of any alleged defect, shortage in quantity, damage of failure to comply with the description or quote. The Client shall afford A.L.P an opportunity to inspect the Works within a reasonable time following delivery if the Client believes the Works are defective in any way. If the Client shall fail to comply with these provisions the Works shall be presumed to be free from any defect or damage. For defective Works, which A.L.P has agreed in writing that the Client is entitled to reject, A.L.P's liability is limited to either (at A.L.P's direction) rectifying or repairing the Works except where the Client has acquired Works as a consumer within the meaning of the Competition and Consumer Act 2010 (CWith) or the Fair Trading Act of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer's discretion either a refund of the purchase price of the Works, or repair or rectification of the Works.
12.2 Materials will not be accepted for return other than in accordance with 12.1 above.
13.1 Subject to the conditions of warranty set out in clause 13.2 A.L.P warrants that if any defect in any workman ship A.L.P becomes apparant and is reported to A.L.P within twelve (12) months of the date of delivery (time being of the essence) then A.L.P will either (at A.L.P sole discretion) replace or remedy the workmanship.
13.2 The conditions applicable to the warranty given by clause 13.1 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Client to properly maintain any Work; or
(ii) failure on the part of the Client to follow any instructions or guidelines provided by A.L.P; or
(iii) any use of any Works otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Works after any defect becomes apparent or would have become apparent to a resonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and A.L.P shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is required, altered or overhauled without A.L.P's consent.
(c) in respect of all claims A.L.P shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client's claim.
13.3 For Materials not manufactured by A.L.P, the warranty shall be the current warranty provided by the manufacturer of Materials. A.L.P shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Materials.
14. Default and Consequences of Default
14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at A.L.P's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
14.2 In the event that the Client's payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by A.L.P.
14.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify A.L.P from and against all costs and disbursements incurred by A.L.P in pursuing the debt including legal costs on a solicitor and own client basis and A.L.P's collection agency costs.
14.4 Without prejudice to any other remedies A.L.P may have, if at any time the Client is in breach of any obligation (including those relating to payment) A.L.P may suspend or terminate the Works and any of its other obligations under the terms and conditions. A.L.P will not be liable to the Client for any loss or damage the Client suffers because A.L.P has exercised its rights under this clause.
14.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
14.6 Without prejudice to A.L.P's other remedies at law A.L.P shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to A.L.P shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to A.L.P becomes overdue, or in A.L.P's opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
15.1 A.L.P may cancel any contract to which these terms and conditions apply or cancel delivery of the Works at any time before the Works are delivered by giving written notice to the Client. On giving such notice A.L.P shall repay to the Client any sums paid in respect of the Price. A.L.P shall not be liable for any loss or damage whatsoever arising from such cancellation.
15.2 In the event that the Client cancels delivery of Works, then the Client shall be liable for any loss incurred by A.L.P (including, but not limited to, any loss of profits) as a result of the cancellation.
15.3 Cancellation of orders for Works made to the Client's specifications or non-stocklist items will definately not be accepted, once prodcution has commenced.
16. Privacy Act 1988
16.1 The Client and/or the Guarantor/s (herein referred to as the Client) agree for A.L.P to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by A.L.P.
16.2 The Client agrees that A.L.P may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client. The Client understands that the information exchanged can include anything about the Client's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
16.3 The Client consents to A.L.P being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4 The Client agrees that personal credit information provided may be used and retained by A.L.P for the following purposes (and for other purposes as shall be agreed between the Client and A.L.P or required by law from time to time):
(a) the provision of Works; and/or
(b) the marketing of Works by A.L.P, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client's credit, payment and/or status in relation to the provision of Works; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client's account and/or the collection of amounts outstanding in the Client's account in relation to the Works.
16.5 A.L.P may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
16.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client's name, sex, address, previous addresses, date of birth, name of employer and driver's licence number;
(b) details concerning the Client's application for credit or commercial credit and the amount requested;
(c) advice that A.L.P is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of A.L.P, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Clients credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by A.L.P has been paid or otherwise discharged.
17. Building and Construction Industry Security of Payments Act 1999
17.1 At A.L.P's sole discretion, if there are any disputes or claims for unpaid Works and/ or Materials then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.
17.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.
18.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.
18.3 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
18.4 A.L.P shall be under no liablity whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by A.L.P of these terms and conditions.
18.5 In the event of any breach of this contract by A.L.P the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Works.
18.6 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by A.L.P nor to withhold payment of any invoice because part of that invoice is in dispute.
18.7 A.L.P may license or sub-contract all or any part of its rights and obligations without the Client's consent.
18.8 The Client agrees that A.L.P may review these terms and condtions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which A.L.P notifies the Client of such change. The Client shall be under no obligation to accept such changes except where A.L.P supplies futher Works to the Client and the Client accepts such Works.
18.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
18.10 The failure by A.L.P to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect A.L.P's right to subsequently enforce that provision.