TERMS AND CONDITIONS OF TRADE
|Our current standard hourly rates for ‘do and charge works’ are as follows:|
|$92 per/hr minimum charge|
|$145 per/hr for Plumber and apprentice|
|$182 per/hr for 2 x plumbers|
|$105 per/hr for any gas fitting works|
|Other discretionary (non-standard) rates may apply as required|
|All figures are subject to an additional GST (currently 10%)|
|Labour rates are charged in 15 min increments rounded up|
|We charge travel time to and from our office in Hobart|
|Travel time rates are the same labour rates as stated above|
|The above rates do not include works outside of the times 7.30 am – 4.30 pm|
|Outside of the above mentioned times higher rates apply…. please ask|
| These rates are labour rates only and do not include any cost for: materials, special |
orders, sundries, plant and equipment, tool charges, mileage, hire fees, administration
| Peace Plumbing & Gas Fitting reserves the right to vary these rates at any time with|
- Any instructions received by Peace Plumbing & Gas Fitting from the customer, or the representative of the customer, for the supply of goods and/or services, the customer’s acceptance of goods and/or services supplied by Peace Plumbing & Gas Fitting shall constitute acceptance of the terms and conditions contained herein.
- Where more than one customer has entered into this agreement, the customers shall be jointly and severally liable for all payments of the price.
- Upon acceptance of these terms and conditions by the customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of Peace Plumbing & Gas Fitting, and shall prevail to the extent of any inconsistency with any other document or agreement between the customer and Peace Plumbing & Gas Fitting.
- The customer undertakes to give Peace Plumbing & Gas Fitting not less than fourteen (14) days prior written notice of any proposed change in the customer’s name and/or any other change in the customer’s details (including but not limited to, changes in the customer’s address, facsimile number, or business practice).
- Payment is due at the end of the task on the day the works take place. This payment may be by cash, cheque, credit or debit card, EFTPOS bank transfer (subject to a processing fee of 3% of the transaction value for EFTPOS and credit cards).
- In some cases, Peace Plumbing & Gas Fitting may provide a 7 day trade account for payment convenience. The account payment will be secured by recording details of a valid Visa or MasterCard credit card. Trade accounts must be made within 7 days of invoice date by cash, cheque, credit or debit card or EFT.
- If payment is not received in full on day of works ceasing/completions, or within 7 days of the invoice date for trade accounts, Peace Plumbing & Gas Fitting will endeavour to contact customer using the contact details provided at time of booking works. A second invoice may be forwarded to customer clearly stating that payment is required urgently.
- Accounts that remain outstanding, may be lodged with a debt collection agency for recovery. In such circumstances the customer will bear all costs of this action. In addition, the customer agrees to bear all legal costs and disbursements incurred in the recovery of the debt.
- Peace Plumbing & Gas Fittingmay disclose information provided by you to a credit reporting agency to obtain consumer and commercial information permitted by the Privacy Act and to use such information in order to assess an application for credit.
- Interest on outstanding accounts accrue at credit card rates, and collection costs will be payable on all overdue accounts.
- Insurance works requires that payment will be made within 7 days of customer claiming from insurance companies.
- Peace Plumbing & Gas Fitting will be responsible for and will correct any defects to workmanship that have been reported to Peace Plumbing & Gas Fitting within three (3) months of the works having been completed.
- The continued use of any goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user, the warrantee shall cease.
- Peace Plumbing & Gas Fitting will not be liable for works’ fair wear and tear, any accident or act of God.
- Peace Plumbing & Gas Fitting in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without consent of Peace Plumbing & Gas Fitting.
- If any defect is not due to workmanship of Peace Plumbing & Gas Fitting the customer shall pay Peace Plumbing & Gas Fitting for attendance including all work carried out to establish the cause of the problem.
- Removal of root growth or blockages alone will not ensure that similar problems will not reoccur, and such works carries no guarantees.
- In respect of all claims the Peace Plumbing & Gas Fitting shall not be liable to compensate the client for any delay in either replacing or repairing the workmanship/goods or in properly assessing the client’s claim.
- Works carried out are based on Peace Plumbing & Gas Fitting inspections. Full actual extent of works may not be evident before work commences. Peace Plumbing & Gas Fitting will advise the customer of (as soon as practical) substantial unforeseen problems.
- The customer should ensure they or their representative are easily contactable.
- Customer’s representative authorising works shall be liable for full account if customer does not accept terms of trade.
- All job instructions to be given to serviceman on site or clearly written to avoid any confusion. Any verbal order for additional and/or variational works by any representative of the customer should be deemed as to have been entered by the customer and charged accordingly. An estimate is given by Peace Plumbing & Gas Fitting in good faith but without warranty as the final amount payable. Work on old, substandard or unreliable materials shall be notified to customer or replaced or temporarily repaired or temporarily repaired at customer’s discretion. Work on these materials will be tested thoroughly but may need adjustment or replacement at customer’s cost if failure continues. All care taken but no responsibility accepted for damage to subterranean pipes and cables and the removal of, or diversions around unforeseen obstacles. Restoration of property, structures and buildings demolished for access to work site is at the customer’s cost. All care taken. No responsibility for damage/breakages to customer’s property.
- For goods not manufactured by Peace Plumbing & Gas Fitting, the warranty shall be the current warranty provided by the manufacturer of the goods. Peace Plumbing & Gas Fitting shall not be responsible for any term, condition, representation of warranty given by the manufacturer of the goods.
- Time spent to locate non-stock or out of stock items will be charged at current tradesman rates, non-stock items requested by customer and not used will incur restocking costs.
- Travel time is payable on any return calls, to pick-ups and deliveries of non-stock and out of stock items, and extra tradesman assistance needed to assist with large jobs, heavy items and where start and completion is beyond Peace Plumbing & Gas Fitting’s control.
- Works are to be carried out during normal working hours, 7.30am to 4.30pm, Monday to Friday.
- All goods and supplies remain the property of Peace Plumbing & Gas Fitting until account is paid in full. In the event the account remains unpaid Peace Plumbing & Gas Fitting shall have the right to enter relevant premises and retrieve such goods and supplies while not subject to any action for trespassing.
- Any working time extended beyond these times shall be treated as an extra and charged accordingly on customer’s or representative’s approval. Waiting time, supervisions, invoice calculation time to be charged as current rates.
- Execution of works, organisation, co-ordination arrangements and reports are to be performed on site where possible. Where resources are inadequate arrangements/works may be necessary from workshop/office and will be charged at current tradesman rates.
- The customer shall obtain (at the expense of the customer) all licences and approvals that may be required for the services.
- If Peace Plumbing & Gas Fitting retains property in the goods nonetheless, all risk for the goods passes to the client on delivery.
- If any of the goods are damaged or destroyed prior to property in them passing to the client, Peace Plumbing & Gas Fitting is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the price for the goods), to receive all insurance proceeds payable for the goods. This applies whether or not the price has become payable under the contract. The production of these terms and conditions by Peace Plumbing & Gas Fitting is sufficient evidence of Peace Plumbing & Gas Fitting’s rights to receive the insurance proceeds without the need for any person dealing with Peace Plumbing & Gas Fitting to make further enquiries.
- Any advice, recommendation, information, assistance or service provided by Peace Plumbing & Gas Fitting in relation to goods or services supplied is given in good faith, is based on Peace Plumbing & Gas Fitting’s own knowledge and experience and shall be accepted without liability on the part of Peace Plumbing & Gas Fitting and it shall be the responsibility of the customer o confirm the accuracy and reliability of the same in light of the use to which the customer makes or intends to make of the goods and services.
- The customer or customer’s representative warrants that all designs or instructions to Peace Plumbing & Gas Fitting will not cause Peace Plumbing & Gas Fitting to infringe any patent, registered design or trademark in the execution of the customer’s order.
- Prior to Peace Plumbing & Gas Fitting commencing any work the customer must advise Peace Plumbing & Gas Fitting of the precise location of all underground services on the site and clearly mark the same. The underground mains and services the customer must identify include, but are not limited to, electrical services, gas services, sewer services, plumbing services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optics, oil pumping mains, and any other services that may be on the site.
- Whilst Peace Plumbing & Gas Fitting will take all care to avoid damage to any underground services, the customer agrees to indemnify Peace Plumbing & Gas Fitting in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notify as per above clause.
- Blockages or root growth indicates damaged pipes. Damage cannot be rectified by clearing drain, therefore similar problems may recur. Root growth may be pushed the wrong way up a sideline junction, vertical shaft, inspection opening, cavity or further down the drain, which may test clear yet block up after clogging with normal usage of toilet paper, solids etc. It may necessitate continued clearing or excavation. Excavation and replacement of damaged pipes is the only way to ensure blockages are not frequent. Cable may jam and require removal by excavation after using long cable length, penetrating strong blockages, broken pipes vertical shafts, traps and encountering high gradient drains.
Termination of Contract
- The customer may terminate the contract before completion of work. If the customer instructs Peace Plumbing & Gas Fitting to cease work before the work is completed the customer shall immediately pay for all necessary inspections by any relevant authorities, and all work carried out and materials and equipment used up to the time Peace Plumbing & Gas Fitting ceases work, before the work is completed. The customer’s instructions are given in order to make the site of the work secure as to health and safety as required by relevant legislation.
- Peace Plumbing & Gas Fitting may cancel these terms and conditions or cancel delivery of goods at any time before the goods are delivered by giving written notice. Peace Plumbing & Gas Fitting shall not be liable for any loss or damage whatever arising from such cancellation.
- Peace Plumbing & Gas Fitting may cancel all or any part of any order of the customer which remains unperformed in addition to and without prejudice to any other remedies; and all amounts owing to Peace Plumbing & Gas Fitting shall, whether or not due for payment, immediately become payable.
- If any disputes arise between the customer and Peace Plumbing & Gas Fitting as to the matter concerning the performance of the contract the party complaining shall immediately notify the other party or his agent in writing of the particular matter in dispute within in 14 days of ceasing/completion of work. If a written notice of complaint is not received within 14 days of ceasing/completion of work, it is presumed that the work has been carried out to the satisfaction of both parties.
Defaults and Consequences of Defaults
- Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.
- If the client defaults in payment of any invoice when due, the client shall indemnify Peace Plumbing & Gas Fitting from and against all Peace Plumbing & Gas Fitting’s costs and disbursements including on a solicitor and own client basis and in addition all of Peace Plumbing & Gas Fitting’s nominees costs of collection.
- Without prejudice to any other remedies Peace Plumbing & Gas Fitting may have, if at any time the client is in breach of any obligation (including those relating to payment), Peace Plumbing & Gas Fitting may suspend or terminate the supply of goods to the client and any of its other obligations under the terms and conditions. Peace Plumbing & Gas Fitting will not be liable to the client for any loss or damage the client suffers because Peace Plumbing & Gas Fitting exercised its rights under this clause.
- If any account remains unpaid at the end of the second month after supply of the goods or services an immediate amount of the greater of $20.00 or 10.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.
- In the event that:
- (a) any money payable to Peace Plumbing & Gas Fitting becomes overdue, or in Peace Plumbing & Gas Fitting’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;
- (d) Peace Plumbing & Gas Fitting shall be entitled to cancel all or any part of any order of the client which remains unperformed in addition to and without prejudice to any other remedies; and
- (e) All amounts owing to Peace Plumbing & Gas Fitting shall, whether or not due for payment, immediately become payable in addition to the interest payable under clause 12.1 hereof.
- It is the intention of Peace Plumbing & Gas Fitting and agreed by the client that property in the goods shall not pass until:
- (a) The client has paid all amounts owing for the particular goods, and
- (b) The client has met all other obligations due by the client to Peace Plumbing & Gas Fitting in respect of all contracts between Peace Plumbing & Gas Fitting and the client, and that where practicable the goods shall be kept separate until Peace Plumbing & Gas Fitting shall have received payment and all other obligations of the client are met.
- Receipt by Peace Plumbing & Gas Fitting 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 Peace Plumbing & Gas Fitting’s ownership of rights in respect of the goods shall continue.
- It is further agreed that:
- (a) Until such time as ownership of the goods shall pass from Peace Plumbing & Gas Fitting to the client Peace Plumbing & Gas Fitting may give notice in writing to the client to return the goods or any of them to Peace Plumbing & Gas Fitting. Upon such notice the rights of the client to obtain ownership or any other interest in the goods shall cease.
- (b) Peace Plumbing & Gas Fitting shall have the right of stopping the goods in transit whether or not delivery has been made; and
- (c) If the client fails to return the goods to Peace Plumbing & Gas Fitting then Peace Plumbing & Gas Fitting or agent may enter upon and into land and premises owned, occupied or used by the client, or any premises as the invitee of the client, where the goods are situated and take possession of the goods.
- (d) The client is only a bailee of the goods and until such time as Peace Plumbing & Gas Fitting 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 Peace Plumbing & Gas Fitting.
- (e) The client shall not deal with the money of Peace Plumbing & Gas Fitting in any way which may be adverse to Peace Plumbing & Gas Fitting.
- (f) The client shall not charge the goods in any way nor grant nor otherwise give any interest in the goods while they remain the property of Peace Plumbing & Gas Fitting.
- (g) Peace Plumbing & Gas Fitting may require payment of the price or the balance of the price due together with any other amounts due from the client to Peace Plumbing & Gas Fitting arising out of these terms and conditions, and Peace Plumbing & Gas Fitting may take any lawful steps to require payment of the amounts due and the price.
- (h) Peace Plumbing & Gas Fitting can issue proceedings to recover the price of the goods sold notwithstanding that ownership of the goods may not have passed to the client.
- (i) Until such time that ownership in the goods passes to the client, if the goods are so converted, the parties agree that Peace Plumbing & Gas Fitting will be the owner of the end products.
Security and Charge
- Despite anything to the contrary contained herein or any other rights which Peace Plumbing & Gas Fitting may have, however:
- (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 Peace Plumbing & Gas Fitting or Peace Plumbing & Gas Fitting’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The client and/or the Guarantor acknowledge and agree that Peace Plumbing & Gas Fitting (or nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
- (b) Should Peace Plumbing & Gas Fitting elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the client and/or Guarantor shall indemnify Peace Plumbing & Gas Fitting from and against all Peace Plumbing & Gas Fitting’s costs and disbursements including legal costs on a solicitor and own client basis.
- Inclusive hereof the client and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint Peace Plumbing & Gas Fitting or Peace Plumbing & Gas Fitting ’s nominee as the client’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as Peace Plumbing & Gas Fitting and/or Peace Plumbing & Gas Fitting’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the client and/or the Guarantor in any land, realty or asset in favour of Peace Plumbing & Gas Fitting and in the client’s and/or Guarantor’s name as may be necessary to secure the said client’s and/or guarantor’s obligations and indebtedness to Peace Plumbing & Gas Fitting and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in Peace Plumbing & Gas Fitting’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.
- Peace Plumbing & Gas Fitting may collect the following information:
- Customer/representative name
- Contact information including email address and phone number
- Customer address including job address, postal address and billing address
- Billing information and credit or debit card numbers to open a trade account with Peace Plumbing & Gas Fitting
- Other information relevant to helping Peace Plumbing & Gas Fitting provide the best customer service
- Any other information provided by the customer or the customer’s representative.
- This information is required in order to ascertain customer needs, to provide the best service available, for internal record keeping and account management.
- Peace Plumbing & Gas Fitting may disclose information provided by you to a credit reporting agency to obtain consumer and commercial information permitted by the Privacy Act and to use such information in order to assess an application for credit.
- To protect your personal information, Peace Plumbing & Gas Fitting will take reasonable precautions and follow best practices to secure customer information so that it is not lost, misused, accessed, disclosed, altered or destroyed.
- Peace Plumbing & Gas Fitting will not sell, distribute or lease your personal information to third parties unless are required by law to do so.