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Terms & Conditions

Applicability & Interpretation

These terms and conditions apply to any and all agreements for the provisions of Goods and Services by the Seller and supersede any contrary terms and conditions of the Customer.

The Seller may amend these Terms and Conditions, its policies or any notices from time to time at its discretion. The Customer will be bound by any amended, revised and or updated Terms and Conditions notified to the Customer from time to time.

In these Terms and Conditions and any Contract to which these Terms and Conditions apply, unless the context otherwise requires:

  • words importing the singular include the plural and vice versa;
  • a reference to:
    • a person includes a corporation, a government entity and bodies politic;
    • a statute, ordinance, code or other law includes regulations under it and any consolidations, amendments, re-enactments or replacements;
  • where more than one Customer has entered into this Contract, each Customer shall be jointly and severally liable for all payments of the Price.

Definitions

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth) and any other consumer protection legislation in force in Australia;

“Contract” means this contract for the sale of Goods or Services by the Seller to the Customer and includes any plans and drawings prepared for the proposed Services.

“Customer” shall mean the person who places an Order for the Goods or Services from the Seller and includes any person acting on behalf of and with the authority of the Customer.

“Goods” shall mean goods and products supplied by the Seller to the Customer and where the context so permits shall include the supply of any Services from the Seller to the Customer.

“GST” has the meaning given to it in the “GST Act” being a New Tax System (Goods and Services Tax) Act 1999 (Cth);

“Liability” means all liability whatsoever and howsoever arising including but not limited to any liability for damages and loss, liquidated damages, loss of profit, loss of revenue, loss of use, economic or indirect and consequential loss.

“Order” means any order for the purchase of Goods or the supply of Services placed by the Customer with the Seller.

“PPSA” means the Personal Properties Security Act 2009 (Cth).

“Price” shall mean the cost of the Goods as agreed between the Seller and the Customer subject to any adjustment or variation in accordance with the terms of this Contract.

“Quote” means the estimated Price given by the Seller to the Customer to supply the Goods or perform the Services.

“Seller” shall mean Good Neighbour Plumbing Pty Ltd trading as ‘Good Neighbour Plumbing’ and its successors and assigns.

“Services” shall mean all services supplied by the Seller to the Customer and includes any advice or recommendations and where the context so permits shall include any supply of Goods.

Acceptance

The acceptance of the Quote and placement of an Order by the Customer constitutes unqualified and irrevocable acceptance by the Purchaser to be bound by these Terms and Conditions which may only be varied and or rescinded strictly in accordance with these Terms and Conditions.

No contractual obligation shall arise until the Seller has accepted an Order from the Customer.

Goods and Services in Excess of $20,000.00

If the Price for the Goods and Services exceeds the sum of $20,000.00 the Customer may rescind the Contract within five (5) business days of the date of placement of the Order (the Cooling Off Period). If the Customer within the Cooling Off Period exercises its right to rescind the Contract, the Customer acknowledges and agrees that the Seller shall be entitled to be paid from the deposit the following:

  • the cost of any Goods and Services already completed by the Seller including any materials and items purchased by the Seller forming part of the Goods and Services to be provided; and
  • the cost of any administration time, disbursements, permits and planning expenses incurred by the Seller prior to the date of rescission.

If the amount due and owing by the Customer to the Seller in accordance with this clause 3:

  • exceeds the amount of the deposit the Customer must pay the balance due to the Seller within seven (7) days of receiving written notice of the amount due to the Seller;
  • is less than the deposit the Seller must refund to the Customer the surplus balance within seven (7) days of the Seller calculating the amount due and owing to it.

Goods and Services

The Goods and Services are described in the Quote and Order as provided by the Seller to the Customer.

The Goods and Services supplied by the Seller shall, to the extent that it is the Seller’s obligation to do so, comply with:

  • the Building Code of Australia, to the extent required under the Environmental Planning and Assessment Act 1979;
  • all other relevant codes, standards and specifications that the work is required to comply with under any law;
  • the conditions of any relevant development consent or complying development certificate.

The Seller will not be liable to the Customer for any liability, loss or damage for a failure to comply with the terms of clause 4.2 where:

  • the design or specification is prepared by or on behalf of the Customer including its consultants and expert advisors (but not the Seller); or
  • the design or specification is requested by the Customer and the Seller has advised the Customer in writing that the design or specification does not comply with the requirements set out in clause 4.2 and or do not comply with the Statutory Warranties set out in section 18B of the Home Building Act 1989.

Price & Payment

The Price payable by the Customer for the Goods and Services shall be the Price set out in the Order if the Seller’s Quote is accepted within thirty (30) days of the date of the Quote. If the Seller’s Quote is not accepted within the thirty (30) day period or the Seller is delayed in commencing the date for provision of the Goods or Services due to delays not caused by the Seller the Price shall be the Seller’s then current price for the Goods and Services, at the date of delivery of Goods or performance of the Services, according to the Seller’s current Price list.

Payment of the Price shall be made by the Customer:

  • by cash, cheque, bank cheque, credit card, direct credit, or by any other method agreed prior by the Seller;
  • at the time of placement of the Order or if no time is stated on the Order then on the earlier of delivery of the Goods or commencement of the Services; or
  • where progress payments or instalments are agreed in the Order at the time each progress payment or instalment is due.

The Customer acknowledges that the Seller may cease works, stop the works or refuse to release the Goods where the Customer has not paid the Price, instalment or progress payment on the due date.

Payment by the Customer will only be recognised by the Seller when the payment is received in clear funds into the Seller’s bank account or when cheques provided for payment have cleared.

Delivery of Goods & Services

Delivery of Goods and Services shall be made to the Customer’s nominated address stipulated in the Order.

It is the Customer’s responsibility to:

  • obtain all consents (including Body Corporate if the property is part of a Strata Plan) and to make all arrangements to provide the Seller with access to the site where the Goods and Services are to be delivered and performed;
  • provide the Seller with full details of any statutory restrictions or consents which may affect the Seller in delivering the Goods or performing the Services;
  • provide the Seller, its contractors and employees with safe and reasonable access to the site where the Services are to be performed or to where the Goods will be delivered including the removal of any furniture or personal items that may impede access.

The Seller is not liable for the consequences of any delay as a result of any cause outside the reasonable control of the Seller.

Transfer of Title

Title in the Goods remains with the Seller until the Goods as well as any other amounts owing by the Customer to the Seller have been paid for in full.

Risk

The Goods or Services are supplied to the Customer at the Customer’s own risk from the time that the Seller notifies the Customer that the Goods or Services are available for collection or delivered.

Return of Defective Goods & Seller’s Warranty

In addition to any other rights the Customer may have under the Australian Consumer Law and subject to any rights the Seller may have under the Australian Consumer Law or otherwise, the Seller will accept a return of defective Goods from the Purchaser if the Customer complies with the notification and return requirements outlined in these Terms and Conditions.

If the Goods are defective and returned to the Seller strictly in accordance with these Terms and Conditions the Seller shall, at its discretion:

  • replace the Goods; or
  • refund the Customer’s purchase Price or part of the Price where only part of the Goods delivered are defective.

Privacy

The Seller collects your personal information here to allow us to supply the Customer with Goods and Services. We will not use your personal information for any other purpose. The Seller’s Privacy Policy is available on our website.

General Plumbing & Blocked Drains

Blocked drains usually indicate pipelines are not operating efficiently or as intended and may contain breakages, cracks, negative fall, sanitary hygiene products, foreign objects or tree root entry. The drain line cannot be repaired or rectified by just clearing on its own. Once cleared, the Seller gives no warranty that the same problem will not happen again. If the Seller’s equipment becomes lodged in the Customer’s faulty drain it will be removed at the Customer’s expense.

The Seller’s business working hours are 7am to 4pm Monday to Friday and 7am to midday Saturday.

Finance

Where finance is offered by a third-party company and is intended to be used by the Customer to purchase goods or services from the Seller, the finance must be applied for and approved prior to any work being carried out by the Seller.

Charge and Security

As security for the payment of all money and the performance of all obligations owed by the Customer to the Seller under this Agreement, the Customer charges in favour of the Seller all of the Customer’s right, title and interest in any real property and all of the Customer’s personal property.

Special Offers, Deals and Discounts

Percentage discount or money off special offers from the Seller can only be used to discount the price of Goods or Services purchased from the Seller and are not valid for use against the callout fee charge, which must be paid in full. Only one discount offer can be used when purchasing Goods or Services from the Seller and multiple discounts on a single invoice are not permitted.