*** Hourly rate will be increased as of 1/7/2018***
Special Note – Any and all works carried out by Fenwick Plumbing either quoted or otherwise shall be subject to these Terms and Conditions in full. It is the sole responsibility of the client / customer to read the Terms and Conditions carefully and pursue legal advice if required before engaging Fenwick Plumbing
- “Fenwick Plumbing” shall mean Fenwick Plumbing Pty Limited, or any agents, contractors and employees hereof.
- “Client” shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from Fenwick Plumbing.
- The client agrees to make progress payments as requested. Failure to do so will cancel all further works until such time, progress payments are paid. The client agrees to pay the full invoice amount on the completion of works.
- EFT & cash payments accepted only.
- Any payments which fall overdue shall incur a late fee of 10% daily until paid in full.
- Any payments that have not been paid in full by due date and cannot be resolved without resorting to debt collection will include any fee and charges involved in debt collection process.
- All quoted works are subject to variations as required & are at the discretion of Fenwick Plumbing in order to carry out & complete works to Australian & Safety Standards. All variations will incur further fees & charges in addition to the original quoted amount.
- Fenwick Plumbing’s fees & charges are subject to change without notification to the client.
- Fenwick Plumbing’s fees & charges will be an hourly rate. For unquoted works, if finished anytime within the first hour the client will be charged for 1 full hour. If finished after the first hour then labour charges will be charged per 15 minutes rounding up. (Subject to change without notification to the client).
- Additional fees & charges shall apply outside of normal business hours 0600 to 1700 Monday to Friday.
- The client accepts that all invoices shall be provided in categories of labour, materials & GST only. Itemised accounts will not be issued.
- All goods shall remain the property of Fenwick Plumbing until such time payment is received in full.
- Fenwick Plumbing may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours written advice. Fenwick Plumbing shall not be liable for any loss or damage what-so-ever arising from such cancellation.
- The client must provide Fenwick Plumbing with at least 3 working days’ notice in writing of any cancellation of works. Failure to do so will incur 30% payment of the original quoted / invoice amount payable by the client.
- Placing a deposit with Fenwick Plumbing secures & confirms your job. Where a deposit has been paid to Fenwick Plumbing, deposits are non-refundable.
- Warranty shall be valid for 6 months (unless otherwise stated) from invoice date. Warranty shall only be valid on exact location & works as carried out by Fenwick Plumbing. Client must provide original invoice for proof of works.
- All valve & valve type parts as well as any specified items installed by Fenwick Plumbing must be serviced annually by Fenwick Plumbing. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
- The Client shall inspect the goods & works on completion & must report any defects to parts or installation works within 48 hours in writing to Fenwick Plumbing of any alleged defects, shortage in quantity or damage. The client shall afford Fenwick Plumbing an opportunity to inspect the alleged damage / defect within 7 working days from date of written notification & give Fenwick Plumbing the opportunity to make good to Australian & reasonable standards within 14 working days.
- No warranty shall be provided on blocked sewer, drainage or storm water as set out at clause 10.1
6. Intellectual Property
- Where Fenwick Plumbing have designed or drawn Goods for the Client, then the copyright in those designs & drawings shall remain vested in Fenwick Plumbing, & shall only be used by the Client at Fenwick Plumbing’s discretion & with written consent to do so.
7. Clients Disclaimer
- The client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of Fenwick Plumbing & the Client acknowledges that he/she buys the services of Fenwick Plumbing relying solely upon his/her own skill & judgment & that Fenwick Plumbing shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client & shall not be transferable to any subsequent Client.
8. Underground Services
- The Client will indemnify Fenwick Plumbing & keep Fenwick Plumbing indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged. Fenwick Plumbing will not be liable for any repair work & any repair work required will be paid at the Clients expense. Such liability, loss, claims or proceedings includes but is not limited to a) Damage to the property, real or personal; b) Death or personal injury; & c) Consequential or economic loss of any kind.
9. Rock & Filled Ground
- Unless specifically included in written quotes &/or estimates, rock excavation, dewatering or supportive work such as pier & beams for filled or made up ground will be charged out as a variation to the original price. Quotation is based on excavation of clean soils only, unless otherwise specifically stated in writing.
- Existing soils shall be returned to excavated areas where possible & ground shall left filled. Landscaping and concrete works are not included in quotation unless specified be in writing. All concrete, paving and landscape works including shrub / plant & lawn replacement will be treated as a variation as set out in 2.5 of this document.
10. Drains & Sewer
- The Client understands that the presence of plant/tree root growth &/or blockages generally indicates damaged pipes. Additionally the Client agrees that blocked drains, sewer pipes & storm water lines cannot be permanently fixed by simply removing “plant/tree root growth” or cleaning the drain. Therefore, no warranty is provided in relation to future blockages regardless of time frame reoccuring whether in the same location or other drainage / sewer lines within the same property.
- The Client acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at Fenwick Plumbing sole discretion in an attempt to identify the source of the blocked drain. Should CCTV equipment be used the Client acknowledges that additional charges will imposed.
- Should any Plumber’s equipment become lodged or damaged in the customers drain it will be removed & / or repaired at the Clients expense (includes materials, parts & labour) or monetary compensation to the total replacement of same or higher quality value will become payable to Fenwick Plumbing immediately.
11. Dispute Resolution
- If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying & providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.
- At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration.
- Any arbitration shall be:
- Referred to The Consumer Trader & Tenancy Tribunal (CTTT).
12. Compliance with Laws
- The Client & the Contractor shall comply with the provisions of all statutes, regulations & bylaws of government, local & other public authorities that may be applicable to the works.
- The Client shall obtain (at the expense of the Client) all licenses & approvals that may be required for the works (councils or other governing agents).
- The Client agrees that the site will comply with any occupational health & safety laws relating to building/construction sites & any other relevant safety standards or legislation.
- The client agrees to Fenwick Plumbing using their personal information for marketing purposes & gives Fenwick Plumbing permission to send out future advertising material
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
- Fenwick Plumbing does not accept any responsibility for damage to property during works being carrying out.
- Fenwick Plumbing shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour hire, machinery or materials outside the direct control of Fenwick Plumbing.
- In the event of any breach of this contract by Fenwick Plumbing the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Fenwick Plumbing exceed the Price of the Goods.
- Fenwick Plumbing reserves the right to review & make changes to these terms & conditions at any time.