terms and conditions
TERMS AND CONDITIONS
Welcome to Webb Plumbing Services website terms and conditions.
Please take time to review terms, as use of our services constitutes your acceptance of these terms and conditions.
1.1 The other party to this agreement has requested Webb Plumbing Services to supply plumbing services and materials and Webb Plumbing Services has agreed to supply the services and materials on the terms and conditions contained herein.
2. Payment Terms
2.1 Payment is due within 7 days for approved account holders. Webb Plumbing Services reserves the right, in it’s discretion, request a deposit of up to 50% for all non-account holders and is not required to commence works until the deposit has been paid.
2.2 A progress invoice may be presented at any stage of the works.
2.3 Payment can be made by EFT, Credit Card or cheque. Where payment is made by cheque payment is not deemed to be made until the cheque has cleared.
2.4 Where the tax invoice includes the supply of materials, property in the materials does not pass to the other party to this agreement until the tax invoice is paid and the other party irrevocably agrees that Webb Plumbing Services may enter upon the premises and remove the materials installed if payment of the Tax Invoice that includes a charge for materials remains unpaid for a period of seven days from the date of issue of the Tax Invoice.
2.5 Where the other party to this agreement is a company, the directors of the company hereby guarantee that the company will make the payments due on the tax invoice.
2.6 If the proposed works will exceed or be likely to exceed $2500.00 Webb Plumbing Services may, in it’s discretion, request a deposit of up to 50% of the likely charge and will not be required to commence works until the deposit has been paid.
2.7 In the event of a tax invoice remaining due and owing for a period in excess of 21 days the other party to this contract hereby mortgages and charges any property he, she or it owns with payment of the tax invoice and any interest accrued therein and consents to Webb Plumbing Services lodging a caveat over any real property owned by the other party to this contract. If the other party to this contract is a company, the director(s) of the company also hereby mortgage and charge any property he, she or they own with payment of the tax invoice and any interest accrued therein and consent to Webb Plumbing Services lodging a caveat over any real property owned by the directors of the other party to this contract.
2.8 The other party to this contract agrees that Webb Plumbing Services may charge interest on any overdue tax invoice on and from seven days after the presentation of the tax invoice at the applicable Penalty Interest rate Act; rate calculated on the daily balance outstanding until the tax invoice is paid.
2.9 The other party to this contract agrees that Webb Plumbing Services may suspend works contracted to perform, if Webb Plumbing Services has presented progress invoice, and that invoice remains unpaid for a period of seven days. The other party further agrees that such suspension may be without notice in writing. The other party further agrees that in the event Webb Plumbing Services suspends the works the other party will not claim damages or indemnification for any loss or expense suffered by the other party by reason of Webb Plumbing Services suspending the works.
2.10 In the event the works are required by reason of the negligence or abandonment of another plumber or as a consequence of a claim on the insurance of another plumber, the other party to this contract agrees that the other party to this contract will pay the amount due on the tax invoice of Webb Plumbing Services without delay and whether or not some or all of the insurance claim has been allowed and paid.
3. Plumbing Works
3.1 The other party to this agreement agrees that he, she or it, has provided to Webb Plumbing Services all preliminary access, information about the premises, water supply, use and requirements of the works as set out in the work order or quotation and that no other information or specifications have been supplied to Webb Plumbing Services.
3.2 The other party agrees that Webb Plumbing Services has been contracted to carry out the works described in the work orders or quotations.
3.3 The other party agrees that Webb Plumbing Services may, if no products are named in the work order or quotation, supply such products of make, brand, type and specification, as Webb Plumbing Services considers appropriate.
3.4 The other party warrants that he, she or it will provide safe and appropriate access to the premises and site of the plumbing works.
3.5 The other party warrants that his, her, their or it’s building insurance indemnifies him, her, them or it, against any personal injury claims suffered by or arising from contractors, their servants, agents and sub-contracts effecting works on the premises. The premise in this context refers to the kerbside and side boundaries of the land on which the plumbing works are to be performed and include any building or outbuilding or improvement on the land. The other party to the contract warrants that he, she or it have disclosed to Webb Plumbing Services any latent defects in the premises which may cause a risk of life or limb. Webb Plumbing Services reserve the right to immediately cease work that is a risk to life or limb without the other party to the contract claiming damages.
3.6 The other party acknowledges that delays may be incurred in carrying out of the works due to weather conditions, site conditions, availability of products, availability of necessary other trades or of sub-contractors and agrees that he, she or it will not make any claim for damages for delay caused by factors beyond the control of Webb Plumbing Services.
3.7 Webb Plumbing Services warrants that the plumbing work will be carried out in a proper and workmanlike manner and in accordance with the information given by the other party to this contract and if the work order or quote states the particular purpose for which the work is required, that the work will be reasonably fit for that purpose stated.
3.8 The other party acknowledges and agrees that a job safety analysis can be conducted, before commencement of works, to assess all health and safety risks. Webb Plumbing reserves the right, to cease work or change work methods to meet OH&S regulations, or general safety requirements, before or during works.
3.8 In the event of a breach of a warranty, the other party agrees that the liability of Webb Plumbing Services for that breach will be limited to the supply of the services again; or the payment of the cost of having the services supplied again. Claims on this warranty must be made within six months of presentation of the tax invoice for the work in respect of which the claim is made. If a product or material is used by Webb Plumbing Services in the works and the product or material is faulty in and of itself, Webb Plumbing Services will assist the other party to this contract in the making of a claim by the other party to this contract on the warranty attaching to the material or product but will not be liable for replacement of the product or material or any damage caused by the product or material being faulty.
4.1 The other party to this contract agrees that the quotation for the works is subject to:
(i) variation in pricing for products to be used in the works;
(ii) substitution, on request or for reasons of lack of availability of products to be used in the works
(iii) lack of availability of trades or subcontractors
(iv) delay caused by factors outside the control of Webb Plumbing Services
(v) variations in the site where the plumbing works are to be informed that make it more difficult to carry out plumbing works
(vi) undisclosed information about the site or the plumbing works
(vii) the other party requests a variation to the works or a variation to the works being required by reason of the site conditions or by reason of the law and regulations relating to plumbing works.
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