T&C’s

Terms and Conditions:

ABN: 32 119 365 570

PH: 3878 4444

FAX: 3878 3755


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 4.2) which shall be binding upon CMPS provided that the client shall accept CMPS’s quotation within thirty (30) days.

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

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’s minimum service charge allows for up to 15 minutes of travel and up to the first 15 minutes on site for each visit. Additional travel allowance (over 15 minutes), on site deliveries, the procuring nonstandard materials and tools, and the submission of paperwork or reports shall incur additional charges in accordance CMPS’s labor rates.

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.

The use of specialized or hired equipment (I.e. leak detection equipment, drain clearing equipment, drilling equipment, concrete cutting equipment, earth moving equipment and safety equipment) will incur additional charges, which shall be reflected in the Goods Price.

At CMPS sole discretion the client must pay a deposit up to 50% of the quoted price prior to commencing works. All deposits are non-refundable for cancellations made by the Client.

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 installments in accordance with CMPS’s payment schedule.

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 cash, or 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.

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 cash, or 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.

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. In the event of a major variations or alteration, acceptance shall be obtained in the form of verbal or written instruction from the client.

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 customer to a third party nominated by the Customer.

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) unless due to the negligence of CMPS.

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, pumping services, sewer connections, sewer sludge mains, 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.

Whilst CMPS will take care to avoid damage to any underground services, the client agrees to indemnify CMPS in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to any 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 other than cash 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.

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 property 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. Fair wear and tear or any accident or act of God.
  6. Excessive ground movement.

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

CMPS shall not guarantee against existing 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 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.

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; Ooverdue 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 dishonored for any reason the client shall be liable for any dishonor 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 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 Customer 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 Customer shall afford CMPS an opportunity to inspect the Works within a reasonable time following completion. If the Customer 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 Customer 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 Customer 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 Customer 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 –

Blocked drains: The client acknowledges and agrees that the presence of plant/tree growth and/or blockages generally indicates damaged pipes. Accordingly, the client agrees that these pipes cannot be fixed by removing plants/ trees root growth or clearing the drain and therefore no warranty is provided against this situation again in the future and in respect of any work carried out in relation thereto. If equipment becomes lodged or is damaged while in Client’s pipes or drains, the Client shall be responsible for the costs associated with the removal of the equipment including any necessary excavation and restoration work.

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).

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.

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: CMPS shall not be responsible for dirt or grime in the water service unless directly the result of negligence. In the event that taps, valves or toilets require purging, the associated Service cost 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.

 

Thank you for choosing Conrad Martens Plumbing & Hot Water. If you have any questions please don’t hesitate to contact our office on 3878 4444.

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