Terms and Conditions

We look forward to assisting you. To ensure transparency and fairness for everyone, our Terms & Conditions are based on the Master Plumbers Association of Queensland’s standard terms for maintenance and emergency plumbing. These are designed to protect both you as the Client and us as your plumbing service provider.

Our aim is to be upfront about how we work, so there are no surprises. If you have any questions, please don’t hesitate to contact our office on (07) 3878 4444 or office@conradmartens.com.au

1. Definitions –

“CMPS” means CMPS Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of CMPS Pty Ltd.

“Client” means the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorization, email or other form as provided by CMPS to the Client.

“Goods” means all goods supplied by CMPS to the Client (where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorization or any other forms as provided by CMPS to the Client.

“Services” means all Services supplied by CMPS to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

“Price” means the Price payable for the Goods and Services as agreed between CMPS and the Client in accordance with clause 3 of this contract.

2. Acceptance –

Any instructions received by CMPS from the Client for the supply of Goods and Services and/or the Client’s acceptance of Goods and Services supplied by CMPS shall constitute acceptance of the terms and conditions contained herein.

Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

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 CMPS.

3. Price and Payment –

At CMPS’s sole discretion the Price shall be either:

1. as indicated on invoices provided by CMPS to the Client in respect of Goods and Services supplied; or
2. CMPS’s quoted Price (subject to clause 4) which the client shall accept within thirty (30) days. Whilst all care we be taken by CMPS to provide an accurate quote in accordance with this clause, the Client acknowledges that any quote provided by CMPS is an estimate only and may be subject to change in accordance with the terms of this document.

CMPS’s Call Out for each visit allows for up to 15 minutes of travel. If the travel time to the job is more than 15 minutes, it will be charged at CMPS standard rates.

CMPS standard rates apply to any tasks specific to your job, including ordering, picking up or returning materials or equipment, on-site deliveries, returning to our shed for dumping and disposal of rubbish and cleaning the truck, administration, paperwork, reports, etc.

CMPS kindly requests that parking be made available. If parking is not available in a convenient location on the premises at the time of our visit, standard labour rates will apply for the time spent looking for parking, and any parking costs will be passed onto the client.

Emergency rates apply outside of our standard hours, which are 7:30am to 4pm on Monday to Friday (excluding public holidays).

CMPS’s Goods Price shall be subject to a margin to cover relevant overheads including; providing a warranty service, procuring and maintaining stock and managing price fluctuations between suppliers. In accordance with section 3 (Price and Payment), CMPS’s Goods Price may exceed a products retail value.

There are additional charges if specialised services or equipment are required, including but not limited to the drain cleaning machine, jet rodding, CCTV, leak detection, pipe location, excavation, cutting equipment, access equipment, etc. or for administration or completion of compliance forms (e.g. form 4’s form 1’s, gas certificates, gas plates, water audits, etc.).

The use of the electronic drain cleaning equipment incurs a fee of $110 (inclusive of GST) to cover regular servicing, maintenance, and replacement of components such as cutting heads, springs, cables, and joiners.

At CMPS’s sole discretion:

1. Payment shall be due on delivery of the Goods; or
2. Payment for approved Clients shall be made by instalments in accordance with any payment schedule agreed to by CMPS.

The client must pay CMPS the total amount set out in the invoice within seven (7) days from the date of invoice. CMPS shall not undertake new works for a client until all outstanding accounts have been paid in full. Payment will be made by cheque, or by bank cheque or by credit card (incurs bank fees), or by direct credit, or by any other method as agreed to between the Client and CMPS.

Quotation Price excludes all prior works and refers only to the work stated in the Quotation contract. All previous visits, unless otherwise stated, are separate and payable regardless of the status of the quotation.

CMPS reserve the right to change the Price in the event of a variation to CMPS’s quotation.

Please note if we are required to change the account details on the invoice after issuing it, there will be an administration fee.

4. Variations and Alterations –

In the event that additional works or variations are required, CMPS reserves the right to charge up to an additional 20% on the “approximate” quoted price without obtaining the consent of the Client. In the event of a major variation or alteration (which require an increase above 20% of the quoted price), acceptance shall be obtained in the form of verbal or written instruction from the client. In the event that the client does not accept such major variations, CMPS may terminate this agreement with no further liability on behalf of either party, save for any liability (including for costs of any work already carried out) that arises before the termination.

5. Delivery of goods –

Delivery of Goods is taken to occur at the time that CMPS (or CMPS’s nominated carrier) delivers the goods to the client’s nominated address, even if the client is not present at the address.

At CMPS’s sole discretion the cost of delivery of the Goods is included in the price or is in addition to the price.

CMPS shall not be liable for any loss or damage whatsoever due to failure to deliver Goods promptly or at all, where due to circumstance beyond the control of CMPS.

6. Risk –

Any risk of damage or loss of the Goods shall pass to the Client upon delivery of the goods to the Client or to any third party nominated by the Client.

7. Access –

The Client shall ensure that CMPS has clear and free access to the work site at all times to enable them to undertake the works. CMPS shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) from routine work. CMPS will not be liable for any work that is unable to be carried out due to the Client’s failure to grant access in accordance with this clause.

8. Underground and Concealed Locations –

Prior to CMPS commencing any work the Client must advise the precise location of all underground and concealed services on the site and clearly mark the same. The services the client must identify include, but are not limited to, electrical services, gas services, sewer services and connections, water mains, irrigation pipes, telephone cables, fiber optic cables, oil pumping mains, and any other services that may be on site. In the event that unidentified underground or concealed services are damaged, the cost of repair or replacement shall be the sole responsibility of the client.

CMPS will take care to avoid damage to any underground or concealed services that have been precisely located and notified by the Client. However, the Client agrees to indemnify CMPS against all liability, claims, losses, damages, costs, and fines arising from damage to any underground or concealed services not precisely located and notified.

9. Title –

CMPS and the client agree that ownership of the Goods shall not pass until:

1. The Client has paid CMPS all amounts owing for the particular Goods; and
2. The Client has met all other obligations due by the Client to CMPS in respect of all contracts between CMPS and the client.

Receipt by CMPS of any form of payment shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then CMPS’s ownership or rights in respect of the Goods shall continue

It is further agreed that

1. Until such time as the ownership of the Goods shall pass from CMPS to the client CMPS may give notice in writing to the Client to return the Goods to CMPS.
2. If the client fails to return the Goods to CMPS then CMPS or CMPS’s agent may enter upon and unto land and premises owned, occupied or used by the client, or any premises where the Goods are situated and take possession of the Goods; and
3. The Client is only a baliee of the Goods and until such time as CMPS has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the goods, on trust for CMPS; and,
4. CMPS can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client.

10. Warranty –

10.1 Subject to the conditions of warranty set out in clause 10.2 CMPS warrants that if a defect in any workmanship of CMPS becomes apparent and is reported to CMPS within twelve (12) months of the date of delivery then CMPS will either (at CMPS’s sole discretion) replace or remedy the workmanship.  The Client must, as soon as practicable, notify CMPS of any defects that they consider may arise from or relate to the Works undertaken by CMPS.  CMPS will not be responsible for any damage that arises from the Client’s failure to notify CMPS.

10.2 The conditions applicable to the warranty set out in clause 10.1 are:

The warranty shall not cover any defect or damage which may be caused or partially caused by or arise through:

1. Failure on the part of the Client to properly maintain any Goods; or
2. Failure on the part of the Client to follow any instructions or guidelines provided by CMPS; or
3. Any use of any Goods otherwise than for any application specified; or
4. The continued use of any goods after any defect becomes apparent to a reasonably prudent operator or user; or
5. Defects inherent in the goods or which are not otherwise caused or contributed to by CMPS’ own actions or omissions;
6. Fair wear and tear or any accident or act of God.
7. Excessive ground movement.

CMPS shall not provide warranty on the goods supplied by the Client to be used in work by CMPS.

CMPS shall not guarantee against existing installations fixtures, fittings, valves or pipework. Any leaks, defects or damage of existing services, which result from routine workmanship, shall be at an additional cost to the client. CMPS does not provide warranty against any issues or damage which arise from existing pipework, including that which is used to make a connection inside a new fitting.

The warranty shall cease and CMPS shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without CMPS’s consent.

For Goods not manufactured by CMPS the warranty shall be the current warranty provided by the manufacturer of the Goods. CMPS shall not be bound be nor be responsible for any term, condition, representation or warranty other than which is given by the manufacturer of the Goods. Unless disclosed otherwise, the Labour cost for administering and replacing any warranted goods is the sole responsibility of the client.

Tap washers are not covered under the manufacturer’s warranty terms, as their failure can result from misuse (e.g., over-tightening), wear and tear to working parts, and the condition of the tap seats.

11. Default and Consequences of Default –

If the Client does not pay any amount due to CMPS on time, CMPS shall be entitled to be paid interest on the overdue amounts at the rate provided in section 67P of the QBCC Act; Overdue invoices shall accrue daily interest from the date when payment becomes due, until the date of payment, at a rate of two and half percent (2.5%) per calendar month (and at CMPS’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

In the event that the Client’s payment is dishonoured for any reason the client shall be liable for any dishonour fees incurred by CMPS.

If the Client defaults in payment of any invoice when due, the Client shall indemnify CMPS from and against all costs and disbursements incurred by CMPS in pursuing the debt including legal costs on a solicitor and own client basis and CMPS’s collection agency costs.

Without prejudice to any other remedies CMPS may have, if at any time the Client is in breach of any obligation (including those relating to payment) CMPS may suspend or terminate the supply of Goods to the client and any of its other obligations under the terms and conditions. CMPS will not be liable to the Client for any loss or damage suffered including consequential losses because CMPS has exercised its rights under this clause.

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.

Without prejudice to CMPS’s other remedies at law CMPS shall be entitled to cancel all or any part of any order of the client which remains unfulfilled and all amounts owing to CMPS shall, whether or not due for payment, become immediately payable in the event that:

1. Any money payable to CMPS becomes overdue, or in CMPS’s opinion the client will be unable to meet payments as they fall due; or
2. The client becomes insolvent, convenes a meeting with its creditors, or makes an assignment for the benefit of its creditors; or
3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in retrospect of the client or any asset of the client.

12. Security and Charge –

Despite anything to the contrary contained herein or any other rights which CMPS may have howsoever:

1. Where the client and/or 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 monetary obligations payable under these terms and conditions. The client and/or guarantor acknowledge and agree that CMPS (or CMPS’ 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.
2. Should CMPS elect to proceed in any matter in accordance with this clause and/or its sub-clauses, the client and/or Guarantor shall indemnify CMPS from and against all CMPS’s cost and disbursements including legal costs on a solicitor and own client basis.
3. The client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint CMPS or CMPS’s nominee as the client and/or guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

13. Privacy Act 1988 –

The client and/or the Guarantor/s (herein referred to as the client) agree for CMPS to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by CMPS.

The client agrees that CMPS 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:

1. To assess an application by the Client; and/or
2. To notify other credit providers of a default by the Client; and/or
3. 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
4. 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

14. Defects:

The Client shall inspect the Works upon completion and shall within fourteen (14) days of completion notify CMPS in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description or Quote. The Client shall afford CMPS an opportunity to inspect the Works within a reasonable time following completion. If the Client fails to comply with these provisions the Works shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.

For defective Works which CMPS has agreed in writing that the Client is entitled to reject. CMPS’ liability is limited to either (at CMPS’s discretion) replacing the Works, or repairing the Works, within twenty eight (28) days of notification provided that the Client has complied with the above provisions.

15. Liability of indirect losses –

Notwithstanding any other provision of this agreement, CMPS is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty otherwise to compensate the Client for:

1. any increased cost or expenses;
2. any loss of profit, revenue, business, contracts or anticipated savings;
3. and loss or expense resulting for a claim by a third party; or
4. any special, indirect or consequential loss or damage of any nature whatsoever caused by CMPS’ failure to complete or delay in delivering the goods or completing the Work.

16. Site Issues –

Asbestos: CMPS does not conduct any inspection of the property or premises prior to undertaking work. It is the Client’s responsibility to ensure that the work area is free from hazardous materials, including asbestos. CMPS is not responsible for locating or identifying any asbestos present at the property. In the event that asbestos is exposed during the course of our work, CMPS shall not be held liable for any consequences arising from such exposure, and if CMPS becomes aware of such exposure, CMPS will be entitled to cease work without any further liability to the Client. The Client assumes all responsibility for the management, removal and remediation of asbestos, if required.

The Client acknowledges that CMPS is not (nor does it hold itself out to be) a properly qualified expert in the identification of asbestos. CMPS will not have any liability to the Client as a result of any inadvertent exposure or misidentification of asbestos material that may be caused by CMPS.

Blocked drains: The Client acknowledges and agrees that the presence of tree roots, plant growth, or blockages is generally an indication of damaged or deteriorated pipes. Clearing the drain or removing roots does not repair the underlying damage. Accordingly, no warranty is provided against future blockages or issues arising from this condition, including any work carried out in relation to it.

If equipment becomes lodged or is damaged while in the Client’s pipes or drains as a result of pre-existing damage or the condition of the line, the Client is responsible for all associated costs of replacement and removal, including any required excavation and restoration.

Use of the electronic drain cleaning machine incurs a fee of $110 (inclusive of GST) to cover servicing, maintenance, and replacement of components such as cutting heads, springs, cables, and joiners.

If we commence with electronic drain cleaning and it is unsuccessful, the Client remains responsible for the cost of the initial attempts and exploratory work. If further works are required — for example, Jet Rodding or CCTV camera inspections — these are specialised services and are charged at rates separate from our standard pricing.

Blockages near property boundaries:  It is usually difficult to determine whether a blockage lies within the client’s drain or Queensland Urban Utilities’ (QUU) line. Regardless of the location, the client is responsible for all investigation and drain-cleaning work carried out by Conrad Martens Plumbing & Hot Water, even if equipment enters the QUU line.

Once we have cleared a sewer line to a point where it is too close for us to call if any further issues are in the Private or QUU section of the line, we may engage QUU to determine responsibility. We will also request that if they find that there is still some blockage remaining in the client’s section of the line, they clear it while on-site.

In this instance, the client will receive one invoice from Conrad Martens Plumbing & Hot Water for the works so far and may receive a separate bill directly from QUU.

Roof leaks: Client acknowledges that identifying, fixing and preventing a roof leak from occurring is not a straightforward process and often requires a process of elimination. If the cause of the roof leak is concealed and/ or an underlying issue such as age and condition of roof and/or design shortfall are at play, CMPS does not provide warranty against in respect of any work carried out in relation thereto. Any subsequent visits or ongoing investigation are the responsibility of the client and will be charged in accordance with section 3 (Price and Payment).

Concealed Leaks: Concealed leaks are difficult to locate accurately, as visible signs of water don’t always match the true source. Finding the cause often involves a process of elimination and may require multiple visits. Although we take reasonable care in our process, even when using specialised leak detection equipment, results can sometimes be inaccurate and require ongoing monitoring. Due to the nature of these issues, we’re unable to accept liability for any loss or damage arising from concealed leak investigations. All investigation, return visits, and follow-up work are charged based on the time, equipment, and materials required.

Rock and filled ground: Unless otherwise agreed the supply of Services does not include the excavation, relocation, repair or removal of any rocks, surfaces or other obstructions which are necessary in order for Supplier to supply the Goods or Services.

Gas Works: When conducting work on an existing gas line or service, it is assumed that the existing gas service is compliant and has no leaks. During commissioning of the gas line, if a portion of the gas service is found to be defective or leaking, it will need to be repaired at an additional cost to the Client by a suitably qualified tradesman before CMPS is able to commence or recommence work in accordance with these terms and conditions.

In-wall toilet cisterns: In-wall toilet cisterns are problematic and can take multiple visits to repair successfully. Unfortunately, this results from restricted access, limited availability of parts, and the possibility of distortion of the cistern over time. As a worst-case scenario, a complete replacement may be necessary to provide a full guarantee.

Tempering Valves: Unless explicitly informed by the Client, it shall be assumed that all tempering valves are clearly visible and located in close proximity to the hot water system. If additional tempering valve(s) require replacement or removal, the cost associated with investigating, locating and replacement shall be the sole responsibility of the client.

Dirt and Grime in the water service: The undertaking of plumbing work often results in dirt or grime becoming present in the water service following completion of the Works due to natural disturbance. CMPS shall not be responsible for dirt or grime in the water service because this is outside of CMPS’ control. In the event that removal of dirt and grime and any associated work is required following completion of works by CMPS, the associated costs shall be the sole responsibility of the client.

Restoration: CMPS will take care when supplying the Goods or Services to minimise any disturbance or damage to surrounding areas including walls, ceilings, floors, garden beds and paint. Any repair or restoration required after the supply of the Goods or Services is not included in Supplier’s quotation and must be carried out at Client’s cost.

Existing Installations and Materials: CMPS may need to operate, work on, disconnect or remove existing installations, fixtures, fittings, valves or pipework to complete the required plumbing work. While all reasonable care is taken, existing materials can be aged, fragile or compromised. The operation or disturbance of these materials, including where they connect to new fittings, may cause leaks, failures, or other issues during or after the work, even when workmanship is proper. CMPS is not responsible for such failures or any resulting damage. Any repair, restoration or replacement of affected items will be at the client’s expense.