1. Definitions

1.1 “the Supplier” means Plumbing Bros and any successor or assignee.

1.2 “the Client” means the person purchasing the goods and/or services and any entity acting on behalf or with the authority of the Client.

1.3 “Guarantor” means the person(s) who agrees to be liable for the debts of a Client as may be specified in any credit application, quotation or correspondence between the parties.

1.4 “LPR” refers to the Local Plumbing Regulator.

2. Payments and Security

2.1 The payment terms are as stated in the Supplier’s invoice, i.e., payment is due ‘X’ days from date of invoice. If no payment terms are stated, then payment is due immediately upon completion of the works.

2.2 Where the works period is one month or greater, the Supplier may invoice the Client at the end of each calendar month for work undertaken during that month and such invoice will be payable on the terms agreed by the parties or if no terms are agreed, within 7 days of such invoice date.

2.3 The Client hereby agrees and acknowledges that, at the absolute discretion of the Supplier, an account keeping fee of 2% per month will be levied on any or all amounts in default of the agreed trading terms.

2.4 The Client indemnifies the Supplier against all bank or recovery fees incurred and in the event that the Client’s account is in default under these Terms and Conditions and indemnifies the

Supplier against any collection fees, fully legal and other costs, claims or liabilities related to any Client breach under these Terms and Conditions. The Client must pay to the Supplier all such fees, liabilities, costs, and other expenses referred to in this clause, whether or not the Supplier has paid or satisfied them.

2.5 The Supplier may halt ongoing works at any time without prior notice to the Client should an account be in arrears.

2.6 The Client and the Guarantor (if any) hereby charge all their right, title or interest (if any) to any or all property(ies) owned, partly owned, acquired in the future, solely or jointly by the said Client or Guarantor or both in favor of the Supplier, to secure all monies owed to the Supplier together with the due and punctual observance and performance of all of the obligations of the Client. The Client and the Guarantor acknowledge that the Supplier may at its discretion, register an absolute caveat on such property in respect of the interest conferred on it under this clause.

2.7 Until all invoices are paid in full, and all monies received, ownership of any materials used and goods supplied will remain with the Supplier. Without prejudice to any other of its rights, the Supplier is entitled to reclaim possession of such materials or goods in satisfaction of all debts owing to the Supplier and the Client irrevocably authorises the Supplier to enter any premises at any time in order for it to do so.

2.8 The Supplier may register on the Personal Property Securities Register an all present and after acquired security interest over the Client or the Guarantors or both in order to secure all monies due to it. The Client and Guarantors waive any right to receive notification of such registration.

2.9 Payments can be made in cash, bank transfer or credit card and are deemed to be received when the funds are cleared by the Supplier’s bank.

2.10 Credit card payments will incur a surcharge of up to 1.9% plus 20c per transaction.

2.11 GST. The Supplier is required by law to pay Goods and Services Tax (GST) on any work undertaken for the Client. GST will be payable by the Client in addition to the estimate/quote or invoice amount provided, if it is not shown otherwise.

2.12. The Supplier may terminate any agreement to provide credit to a Client at any time without providing justification to the Client.

2.13. The Guarantor guarantees the prompt payment of all amounts owed by the Client and the due and punctual performance of all the Client’s obligations.

2.14. If the Client cancels a booking within 24 hours of the scheduled booking, a cancellation fee of $99 will be payable by the Client and any deposit paid will be forfeited regardless of the reason for the cancellation.

3. Warranties

3.1 All materials and product warranties are as provided by the particular manufacturer. The Supplier takes no responsibility for damage caused from or related in any way to materials or product failure, and all Client claims must be made direct to the particular manufacturer. The Supplier will provide manufacturer contact details upon request by the Client.

3.2 The Supplier will have no liability and no warranty work will be completed by the Supplier unless and until the Client has paid the Supplier’s account in full.

3.3 Mandatory workmanship and installation warranty periods will be applicable as per LPR statutory requirements. The only other warranties which are binding on the Supplier are those imposed and required to be binding by statute such as those imposed by the Australian Consumer Law. Any other warranties are excluded.

3.4 The Client may request that any potential workmanship or installation defect is remedied by the Supplier and must allow not less than 5

business days for the Supplier to remedy the suspected defect. If the Client engages another tradesperson to remedy the defect or endeavors to remedy the defect themselves without complying with this clause, the Supplier will have no liability whatsoever in relation to such suspected defect.

3.5 Should a re-attendance be required to inspect a Client’s suspected warranty item claim that is not deemed by the Supplier to be a warranty issue, the Client will be charged at the Supplier’s standard rate schedule for the call out. This document is available upon request.

3.6 If the Supplier claims on its insurance in relation to any Client claim, any finding or decision of the provider of Supplier’s public liability insurance is deemed as final.

3.7 The Supplier will use best endeavors to provide the works within the expected time however at no time will the Supplier be liable for any delay in

completion of the works or any costs associated in any way with such delay.

3.8 At all times the liability of the Supplier is limited to the value of the relevant works.

3.9 Except to the extent provided in this clause any by law, at no time will the Supplier be liable for any loss, damage, cost, claim or liability suffered by the Client or any other person in relation to any goods or services provided by the Supplier whether direct, indirect or consequential.

3.10 The Client indemnifies the Supplier against all losses, liabilities, and costs incurred by the Supplier arising directly or indirectly as a result of or in connection with the supply of goods and/or services by the Supplier to the Client unless caused by willful misconduct by the Supplier or any of its employees or agents acting within the scope of their employment. The Client must pay to the Supplier all liabilities, costs and other expenses referred to in this clause, whether or not the Supplier has paid or satisfied them.

3.11 Materials and products supplied by the Supplier to the Client are at the Client’s risk immediately on installation or delivery to the Client (whichever is the sooner) and the Client must insure the goods at its cost from that time.

4. Refunds

4.1 If a refund is requested by a Client, this must be requested in writing within thirty (30) days of job completion. No refund requests will be accepted after such time.

4.2 Once a request is reviewed, a response will be submitted by the Supplier within seven days of receipt of the request.

4.3 Refunds for Supplier labor relating to fault finding and identifying issues and items will not be provided.

4.4 If approved, refunds will be provided on a pro rata basis having regard to the actual extent of any defect.

4.5 Nothing in these Terms and Conditions is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 except to the extent permitted by that Act.

5. Acceptance

5.1 Any instructions received by the Supplier from the Client via email, phone, fax or direct mail to carry out works is deemed to constitute acceptance of these Terms and Conditions.

5.2 Any employee, family member or apparent representative of the Client is deemed to have authority to bind the Client unless the Client specifies otherwise in writing.

5.3 The Client must inspect the work immediately upon completion and must within 7 days after the date of inspection give written notice to the Supplier, with particulars of any claim that the works are not in accordance with the contract. If the Client fails to give that notice, then to the extent permitted by law, the works must be treated as having been accepted by the Client and the Client must pay for the works in accordance with these Terms and Conditions.

6. Quotations

6.1 Quotations are based solely on the scope of works set out in the quotation document.

6.2 Unless stated in the scope of works layout by the Supplier, the estimate does not include the following:

(a) Items and issues that cannot be seen at the time of inspection for quotation including but not limited to, below ground or in ceiling spaces and wall cavities.

(b) Supply of tapware and fixtures.

(c) Removal of rubbish from site.

(d) Removal or reinstatement of surfaces. (e) Fees for authorities such as the Water Corporation and LPR.

(f) Hard digging such as clay and rock. It is assumed all surface digging is sand only.

6.3 The quotation price is an estimate only and will not be binding upon the Supplier unless specifically stated therein. If binding, quotations are valid for 30 days from the date of issue and are otherwise subject to alteration without notice at the

Supplier’s sole discretion. Any variations must be agreed in writing.

7. Works

7.1 Prior to commencing works the Client must advise the Supplier of the precise location of all

underground services on site by clearly marking them.

7.2 Whilst the Supplier will take utmost care to avoid damage to any underground services, the Client indemnifies the Supplier in respect of all and any liability claims, loss, damage, costs or fines in any way related to damage to services not precisely located and notified as per above.

7.3 Variations. Cost variations will occur should any of the scenarios in clause 6.2 be presented or additional works requested/required to that of the original scope. The Client will be liable to pay for all variations at the Supplier’s standard rates unless otherwise stated in writing by the Supplier.

7.4 Drain Blockages – The Client agrees that the presence of plant/tree root generally indicates damaged pipes. The Client agrees this cannot be 100% fixed purely by cleaning the drain and therefore no warranty is provided against this situation arising again in the future.

7.5 Wall drilling (holes)/Wall chasing/Coring/Cutting – The Client agrees that although utmost care is taken to avoid damage to walls. Painting, patching or other necessary reinstatement works may be required in respect of which the Supplier holds no liability over costs incurred.

8. Intellectual Property, Confidentiality and Privacy

8.1 Intellectual property including the Supplier’s methods, trade secrets and commercial client lists and details will remain the sole property of the Supplier and cannot be used by the Client without the prior written authority of the Supplier.

8.2 The Client agrees that the Supplier may use documents, designs, photographs or drawings which may reference or include the Client’s property for advertising and marketing purposes.

8.3 The Supplier may be required to collect personal information from time to time. This may include names, addresses, phone numbers, email addresses and lead source information.

At no time will this information be shared with or become public knowledge in any way.

8.4 The Client and/or Guarantor(s) agrees to the Supplier obtaining from a credit reporting agency a credit report containing personal credit information about them in relation to their ability to be allowed credit for repayment.

8.5 The Client agrees to the Supplier obtaining credit information from listed trade referees upon request.

8.6 No credit information will be stored by the Supplier on file.

9. General

9.1 The Client acknowledges that the Laws of Australia shall govern this contract, and the Client hereby agrees to submit to the nonexclusive jurisdiction of the Courts of Australia.

These Terms and Conditions apply to all transactions with the Client and are the entire agreement and understanding between the Supplier and the Client in regard to everything connected with the subject matter of these Terms and Conditions. If any future contract between the Supplier and the Client is inconsistent with these Terms and Conditions, then these Terms and Conditions will apply unless the subsequent contract refers to and specifically alters these Terms and Conditions in writing.

Version#3 Jan 2021