By instructing Plumber to supply the Goods or Services, Client acknowledges that it has read and agrees to be bound by the terms of this agreement.
Plumber means DR. DRIP PTY LTD and its successor and assigns.
Client means the client as per the front of the invoice or their authorised representative.
Goods means goods supplied by Plumber to Client under this agreement.
Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright, trademarks whether registered or unregistered, designs, patents, confidential information, know-how and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions.
Order means an order placed by Client with Plumber for the supply of Goods and/or Services whether or not Plumber has issued a quotation for the supply of the Goods and/or Services.
PPSA means the Personal Properties Securities Act 2011 (Cth).
Price means the price of Goods and Services set out in Plumber’s tax invoice and includes the Goods and Services Tax (GST), postage, handling, freight and other charges affecting the cost of the Goods or Services. Services means goods supplied by Plumber to Client under this agreement.
2. Quotation and orders
2.1 Unless previously withdrawn, a quotation issued by Plumber is open for acceptance for 60 days. Plumber reserves the right to refuse any Order placed by Client within 7 days of the Order being placed.
2.2 Any quotation is based on Plumber’s professional estimation of where existing drainage, sewer pipes, water or gas lines and electrical cables have been laid. If this is not the case or if they are inaccessible or unusable in their present state, Plumber reserves the right to vary the quotation.
2.3 Once an Order has been accepted by Plumber, Client cannot cancel it without the express consent of Plumber. Where Plumber has already ordered goods from a third party, cancellation will only be possible if Plumber can return the goods to the third party at no loss to Plumber.
2.4 Plumber may, at any time after acceptance of an Order, cancel the supply of Goods or Services or any part of them and Plumber will not be liable for any loss or damage suffered by Client as the result of such cancellation.
2.5 If there is any change, variation in the Goods or Services the subject of the Order or any extra work carried out by Plumber, these will be charged by Plumber at Plumber’s standard rate from time to time and will be shown as variations in Plumber’s tax invoice.
3. Price and Payment
3.1 The Price is payable in full without any deduction when the Goods or Services are supplied unless otherwise agreed in writing by Plumber. Time for payment of the Price is of the essence.
3.2 If the supply of Goods or Services is by credit, Client must have submitted a credit application which is approved in writing by Plumber. In that case, payment must be made in accordance with the terms of the credit application.
3.3 Client may be charged interest on any overdue amounts at the rate of 3% per annum above the then current cash rate target of the Reserve Bank of Australia, calculated daily from the day the payment became due until the day of full and final payment.
3.4 Client agrees to pay Plumber any expenses (including legal costs) incurred in collecting any outstanding debts due by client to Plumber.
3.5 Payment must be made by one of Plumber’s accepted payment methods at the time payment of the Price is due. If payment is not by cash, then payment will not be deemed to have occurred until the full Price has been cleared and is available for Plumber’s use.
4. Supply of Goods and Services
4.1 Goods and Services will be supplied to Client’s address on the quotation unless otherwise notified to Plumber by Client.
4.2 Client must ensure that there is clear and adequate access to the area where the Goods are to be delivered and the Services supplied. Plumber will not be liable for any loss or damage suffered by Client or its property as a result of inadequate access.
4.3 Plumber may deliver Goods or Services in instalments. If separate invoices are raised for each instalment Client must pay the invoice in accordance with the terms of this agreement and is not entitled to wait until all instalments of the Goods or Services have been supplied.
4.4 Plumber will use its best endeavours to supply Goods or Services in accordance with the quotation but will not be liable to Client for any delay in the supply of the Goods or Services no matter what reason, including negligence by Plumber.
4.5 Postponement of supply of Goods or Services by Client may incur an additional fee which will form part of the Price.
5. Title and risk
5.1 The risk of loss or damage to the Goods passes to Client when the Goods are delivered to the Client’s address on the quotation or any other address notified to Plumber by Client.
5.2 Notwithstanding delivery of the Goods to Client, title in the Goods will not pass to Client until Client’s payment has been processed or otherwise received by Plumber. If Client’s payment is declined for any reason Plumber reserves the right to reclaim the Goods from Client’s possession, custody or control even if they have been delivered to Client or moved from the
delivery address. Plumber reserves the right to keep or sell the Goods.
5.3 This clause 5 creates a purchase money security interest for the purposes of the PPSA. To the extent permitted under the PPSA, Client agrees to contract out of the provisions listed in section 115 of the PPSA which impose a burden on Plumber. Client waives its right to be provided with verification statements under section 157 of the PPSA. Client and Plumber agree that neither will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
6. Damaged or defective Goods
6.1 Client must inspect the Goods within 48 hours of delivery and if any Goods are damaged or defective Client must immediately notify Plumber in writing giving details of the defect or damage and Client will comply with all reasonable directions of Plumber in dealing with the Goods.
6.2 Nothing in this clause 6 is intended to effect or limit any guarantees which by law are implied into the agreement.
6.3 Plumber is not liable for any damage arising once the Goods have been delivered to Client or arising out of Client’s handling, storing or other negligent act in relation to the Goods.
7. Warranty and Limitation of Liability
7.1 In relation to and Goods which are the subject of a manufacturer’s warranty, Client agrees to comply with the terms of the manufacturer’s warranty in the in the event there is a defect in the Goods.