FLOWMASTER PLUMBING SOLUTIONS TERMS AND CONDITIONS DRAFT 2014

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1 TERMS AND CONDITIONS OF TRADE 2014 The customer agrees that prior to accepting work from the contractor, the customer has read and agreed to the terms and conditions as set hereunder. For the purposes of this agreement, THE CONTRACTOR is Kay Hawa ABN trading as FLOWMASTER PLUMBING SOLUTIONS [including, but not limited to any person acting on behalf of Flowmaster Plumbing Solutions]; THE CUSTOMER is the person or business named on the work authorisation [in the form of, but not limited to, certificates; quotations and invoices] provided by the contractor; GOODS means plumbing material as described on the contractors quotes, invoices and other paperwork; SITE refers to where the contractor s work will take place and Australian Consumer Law means the Australian Consumer Law set out in schedule two(2) of the Competition and Consumer Act 2010 (Cth) which may be amended from time to time. QUOTATION(S) Contractor Supply Quote: The contractor will give the customer a quote specifying the work required to be carried out, incorporating the customer s requirements and including an estimate of the contractor s charge for the performance of such work. 1.1 Acceptance of Contractor Supply Quote: Where the contractor has provided a supply quote, the contractor need not to commence the work until the quote has been accepted by the customer The customer accepts the quote by signing and returning an authentic copy of the quote. A scanned copy of the quote will be held as legally binding for the purposes of these trade terms and conditions Quote(s) are valid for fourteen (14) days only, unless specified otherwise by the contractor. 2. VARIATION(S) In acceptance of the quotation, the Customer warrants that it has not relied on any representation by the Contractor other than as supplied in writing in the quote. Variations to an accepted quotation, including but not limited to the inclusion of additional jobs, will incur additional costs to the customer. 3. CANCELLATION The customer shall reimburse the Contractor for any costs incurred by the contractor, should the customer wish to cancel an accepted quotation. Such cancellation shall be payable within seven (7) working days from the contractor s invoice. 4. PROLONGED WORK PERIOD Should the work site be held up for reasons beyond the contractor s control, then the customer shall indemnify the contractor for any losses or expenses incurred due to such prolongation. Shall this occur, these losses [and] or expenses will be detailed in writing and issued to the customer. Such prolongation shall be payable within fourteen (14) days from notice. 5. DIG: DIAL OUT BEFORE YOU DIG 5.1 The customer shall assist the Contractor by obtaining and providing plans of underground pipes and cables of the site at least one (1) working day prior to the Contractor s proposed date of job commencement. 5.2 Should the customer fail to provide the Contractor with plans for the site, the customer may indemnify the Contractor from any claim for costs, expenses or losses incurred. 6. PAYMENT 6.1 PAYMENT TIME TERMS The Customer must, within (7) seven days, unless otherwise specified in the Contractor s quotation, pay the Contractor the total amount set out in the invoice. Payments are to be made in cash, cheque or by credit card (2% credit card

2 surcharge fee applies) or by any other method as agreed to between the Contractor and the Customer. The final price indicated in the quotation is inclusive of all applicable GST. 6.2 DEPOSIT The Contractor may require a deposit from the Customer, and if the deposit is required, the customer acknowledges that the Contractor is under no obligation to undertake any work until the deposit is received by the Contractor in full. 6.3 PROGRESS PAYMENTS When periodical progress payment(s) are agreed [in writing] by the Customer and Contractor and the Customer does not honour such payment(s), the Contractor reserves the right to halt any further work until outstanding payments are received by the Contractor. 6.4 HOURLY RATE If hourly rate for a service applies, this rate may change should the Contractor encounter an obstacle which requires the hire of specialised equipment and if absolutely necessary an operator to complete the work The Customer shall be held responsible for covering all costs associated with the hire, including but not limited to the daily hire rate. 7. CONTRACTOR S INDEMNITY: The Customer Shall: 7.1. Ensure the Customer(s) or a representative remains on the job site during the performance of the Contractor s work [and]; 7.2. Sign off the work completed by the Contractor in accordance with the quote [and]; 7.3. Indemnify the Contractor from any claims or charges relating to damage and/or loss of property from the site if the Customer has not complied with clause WARRANTY: 8.1. Any warranty of the Goods installed by the Contractor shall be limited to the written warranty provided by the Manufacturer to the Customer on and/or before the installation of such Goods. 8.2 Should the Goods be modified, altered and [or] damaged by the Customer or third party, the Contractor reserves the right to make null and void the warranty. 8.3 The Contractor shall not provide warranty on Goods supplied by the Customer to be used in the work performed by the Contractor In respect of all claims, the Contractor shall not be liable to compensate the Customer for any delay in either replacing or repairing faulty goods. 9. LIABILITY 9.1 NON-EXCLUDABLE RIGHTS The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the goods and services which cannot be excluded, restricted or modified by the Agreement ( Non-excludable Rights ). 9.2 DISCLAIMER OF LIABILITY The Contractor disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Contractor for a breach of a Non-Excludable Right is limited, at the Contractor s option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods and/or services supplied again.

3 9.3 INDIRECT LOSSES Notwithstanding any other provision of these Terms and Conditions, the Contractor is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for: a) any increased costs or expenses; b) any loss of profit, revenue, business, contracts or anticipated savings; c) any loss or expense resulting from a claim by a third party; or d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Contractor s failure to complete or delay in delivering the Goods or completed the work. 10. PRIVACY The Customer hereby authorises the Contractor to collect, retain, record, use and disclose consumer and/or commercial information about the Customer, in accordance with the Privacy Act 1988 and subsequent amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Contractor, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings. 11. GOVERNING LAW AND JURISDICTION These Terms and Conditions are governed by the law in force in the State or Territory in which the Contractor s premises are located and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions

4 Web Site Terms and Conditions of Use TERMS Please read these Terms of Use carefully before using this site. With respect to local applicable laws and regulations, by using this site [flowmasterplumbingsolutions.com.au]; the user is agreeing to be bound by the conditions of use. If the user does not approve of the below mentioned terms, they are prohibited from navigating the site and are advised to exit. Flowmaster Plumbing Solutions reserves the right, in its sole discretion, to modify, alter or update these Terms of Use at any time. All materials on this site, including, but not limited to texts, images, photographs, and audio-visual material is protected by copyrights and other intellectual property rights governed by Flowmaster Plumbing solutions and by other parties that may have a license to modify content. USE LICENCE Clearance is temporarily granted to download one copy of the materials on this website, for personal, non-commercial use only. This is a permit not a transfer of title. Under this license, the user must not: I. Modify or copy the material; II. Distribute or use it for commercial purposes. III. Transfer the materials to another person or "mirror" the materials on any other server. The license will automatically terminate if the user violates any of the abovementioned restrictions and may be made invalid by Flowmaster Plumbing Solutions at any time. Upon termination, the user must remove any downloaded materials from their possession- whether in printed or electronic format. DISCLAIMER The materials on Flowmaster Plumbing Solution s web site are provided as is. Flowmaster Plumbing Solutions makes no warranties, implied or expressed, and hereby disclaims and negates other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or noninfringement of intellectual property or other violation of rights. Additionally, Flowmaster Plumbing Solutions does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. LIMITATIONS In no event shall Flowmaster Plumbing Solution, or any authorized representation of the company, be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Flowmaster Plumbing Solution s website, even if Flowmaster Plumbing Solutions or an authorized representative has been notified orally or in writing of the possibility of such damage. REVISIONS AND ERRATA The materials appearing on Flowmaster Plumbing Solution s website could include technical, typographical, or photographic errors. Flowmaster Plumbing Solution s does not warrant that any of the materials on its web site are accurate, complete, or current. Flowmaster Plumbing Solution s may make changes to the materials contained on its website at any time without notice. The company however does not make any commitment to update such materials.

5 THIRD PARTY SITES Flowmaster Plumbing Solution s has not reviewed the site(s) that may be linked to its website and thus is not responsible for the condition or the content of any such linked site(s). Any link(s) are solely provided for the user s convenience and Flowmaster Plumbing Solution s does not endorse the product or services provided there. The user should access these site(s) at their own risk. GOVERNING LAW The users use of this website and any dispute arising out of such use is subject to the laws of New South Wales, Australia. Any complaint made in regards to Flowmaster Plumbing Solution must be first referred to Flowmaster Plumbing Solutions. Such complaint should be specific and in writing. Upon receipt of such complain in writing, Flowmaster Plumbing Solutions endeavors to respond and resolve any relevant matter within seven (7) working days.

6 TERMS AND CONDITIONS: QUOTATION INVOICE By signing this document, the customer agrees that they have read and agreed to the terms and conditions hereunder. For the purpose of this agreement, The Contractor is Kay Hawa, ABN , Trading as FLOWMASTER PLUMBING SOLUTIONS. 1. The Customer accepts this quote [which outlines the work that is required to be completed in addition to an estimate of the cost associated with the performance of such work], by signing and returning a true copy of the quote. 2. In acceptance of the quote, the Customer warrants that it has not relied on any representation by the Contractor other than as supplied in writing in the quote. 3. Variations to an accepted quote including, but not limited to additional labor and material, will incur additional costs to the Customer. 4. PAYMENT. The Customer must, within (7) seven days, unless otherwise specified in the Contractor s quotation, pay the Contractor the total amount set out in the invoice. Payments are to be made in cash, cheque or by credit card (2% credit card surcharge fee applies) or by any other method as agreed to between the Contractor and the Customer. The final price indicated in the quotation is inclusive of all applicable GST. 5. These specified terms and conditions are governed by the laws in place in New South Wales.