Terms and Conditions - Webb Plumbing

1. INTERPRETATION

1.1 In these terms and conditions:

(a) “We” or “Us” or” the Company” means Paul Webb Pty Ltd ACN 092 456 043 trading as Webb Plumbing

(b) “you” or “Customer” means the Customer stated in the Agreement and any other person offering to contract with us on these terms and conditions or, where such person is acting in the course of employment, such person’s employer,

(d) “Services” means the services and goods to be supplied by the Company to the Customer.

(e) “Agreement” means an agreement between the Company and Customer for the provision of Goods and Services.

(f) “ACL” means Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth))

2. SUPPLY

2.1 We are not required to supply any Goods or perform any Services unless and until a contract for supply has been formed.

2.2 A contract for supply is formed, and you are taken to have accepted these Terms, when:

(a) you request or order Goods or Services, whether in writing (including by email), verbally (including by telephone), or by any other means, including in emergency situations; and

(b) where we require a deposit (for example, for certain domestic customers or accepted quotations), we receive that deposit before progressing the relevant Order,

and any one or more of the following occurs:

(d) we commence or perform any Services or supply any Goods in response to your request or Order (including emergency or after-hours works); or

(e) for design or quotation-related Services, we indicate (whether verbally or in writing) that we will provide those Services.

2.3 If you withdraw an Order:

(a) before a contract for supply is formed:

(i) any deposit paid will be refunded (save for Orders for custom made or special order Goods, for which deposits are non-refundable); and

(ii) no cancellation fee will apply; or

(b) after a contract for supply is formed, then, unless we are in breach of that contract:

(i) you agree to pay all reasonable costs incurred by Us in fulfilling the Order; and

(ii) we may apply any deposit received from you towards such costs.

3 QUOTATIONS AND ORDERS

3.1 Each quotation we issue to you:

(a) does not amount to an offer, nor does it create any obligation on our part to supply Goods or perform Services;

(b) remains open for acceptance for thirty (30) days from its date, unless withdrawn by Us prior to the formation of a supply contract; and

(c) is priced on the basis that all Services will be carried out, and all Goods delivered, during Business Hours, unless expressly stated otherwise.

3.2 You agree that any quotation provided to you the works is subject to:

(a) variation in pricing for Goods to be used in the works;

(b) substitution, on request or for reasons of lack of availability of Goods to be used in the works

(d) delay caused by factors outside the control of the Company

(e) variations in the site where the plumbing works are to be performed that make it more difficult to carry out plumbing works

(f) undisclosed information about the site or the plumbing works

(g) you request 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.

3.3 You acknowledge and agree that:

(a) we are not obliged to accept or carry out any requested variation to the Works;

(b) we may refuse any variation request that, in our reasonable opinion, is unsafe, non-compliant with applicable laws or standards, or unlikely to achieve an effective or lasting result; and

(c) where a variation is agreed, we may require an adjustment to the price, scope, and timing of the Works before proceeding.

4 GST

4.1 All Goods and Services are subject to Goods and Services Tax (GST).

5 PAYMENT

5.1 Subject to clause 5.2, the Customer must pay for all Goods and Services in advance of, or in cash on delivery.

5.2 Payment is due within 7 days for approved account holders. The Company reserves the right, in its discretion to request a deposit of up to 50% and is not required to commence works until the deposit has been paid.

5.3 Payments may be made via electronic payment methods accepted by us from time to time, including credit and debit cards (such as Visa, Mastercard, American Express, eftpos, JCB, UnionPay, Google Pay and Apple Pay) and any online payment platform we nominate (including through our job management system). You agree to pay any payment processing or merchant fees charged by us at the rate advised from time to time, to the extent permitted by law.

5.4 You agree that if you fail to pay in accordance with this clause 5.1 or 5.2, we may:

(a) charge a late payment fee of 2.5% plus GST (over and above any general credit service line fee) on all amounts paid by credit card; and

(b) charge interest on debts at 4% above the rate prescribed pursuant to the Penalty Interest Rates Act (Vic) from time to time; and

(c) recover all mercantile agents’ collection costs, commissions and expenses (including collection agency fees), including legal expenses on a solicitor/own client basis incurred in collecting overdue accounts; and

(d) withhold supply of Goods and Services.

5.5 Any forbearance by Us in charging any of the fees set out in clause 5 does not constitute a waiver of our right to do so in the future.

6. RISK IN THE GOODS

6.1 Risk in the Goods (including loss, damage or deterioration) passes to you upon the earlier of:

(a) delivery of the Goods to the site nominated by you; or

(b) collection of the Goods by you or on your behalf.

6.2 Where Goods are delivered to a site but are not immediately installed, you acknowledge and agree that:

(a) the Goods are at your risk from the time of delivery; and

(b) we are not responsible for any loss, theft or damage to the Goods while they remain on site, whether or not the Works have been completed.

6.3 You are responsible for ensuring that the site is secure and suitable for the storage of the Goods after delivery.

6.4 If any Goods are lost, stolen or damaged after delivery but before installation, any replacement or re-supply of those Goods will be at your cost.

7. SERVICES

7.1 You agree to provide us with all necessary access to the site and all relevant and accurate information regarding the premises, water systems, existing conditions, and your requirements for the Services, as set out in any work order, quotation or request. You acknowledge that we rely on this information and that no other information or specifications have been provided unless expressly agreed in writing.

7.2 You agree that we are engaged to carry out the Services described in any applicable work order, quotation or as otherwise requested by you. The Services may include, without limitation:

(a) plumbing works;

(b) inspections, investigations and diagnostic services (including leak detection);

(d) minor or major remedial or maintenance works (including waterproofing-related works).

7.3 You acknowledge that certain Services (including investigations and diagnostic services) may not identify all issues or defects and may be limited by site conditions, accessibility, and the information available at the time.

7.4 Where no specific Goods are identified in a work order or quotation, we may supply such Goods of the make, brand, type and specification as we reasonably consider appropriate for the Services.

7.5 You acknowledge that access to certain properties (including Owners Corporation properties) may require coordination with third parties, including property managers, tenants or building representatives, and may involve delays outside our control.

7.6 Where we arrange or facilitate access to a site on your behalf (including via keys, key safes, security codes or third-party access), you:

(a) authorise us to enter the property for the purpose of carrying out the Services;

(b) warrant that you have the authority to grant such access (including on behalf of any owner, occupier or Owners Corporation); and

(c) acknowledge that we are entitled to rely on any verbal, written or electronic instructions or permissions provided in relation to access, including in emergency situations.

7.7 We are not liable for:

(a) any delay in carrying out the Services arising from difficulties in obtaining access to the site; or

(b) any loss, damage or additional costs arising from access issues, including where access is not available at the agreed time or is withdrawn or restricted.

8. CLAIMS

8.1 Subject to the provisions of the ACL, if after completion of the Services the customer deems that the Services are not in accordance with the work or quotations, the customer must provide written notice to the company within fourteen (14) days of completion of the Services.

8.2 If you do not provide notice in accordance with clause 8.1, then to the extent permitted by law:

(a) the Goods and Services will be deemed to have been accepted by you as complying with the work order and/or quotation;

(b) you will not be entitled to reject the Goods or Services or claim that they are defective; and

8.3 You are entitled to the benefit of the consumer guarantees and warranties implied by the ACL, and nothing in these Terms is intended to exclude, restrict, or modify any rights or obligations that we may have under the ACL. References to specific provisions of, or circumstances arising under, the ACL are not intended to extend to equivalent provisions under any State or Territory legislation.

9. LIABILITIES

9.1 To the extent that we are liable for a breach of a condition or warranty implied by the ACL, our liability is, at our discretion, limited to:

(a) in the case of the supply of Goods, repairing or replacing the Goods; or

(b) in the case of the supply of Services, supplying the Services again.

9.2 To the fullest extent permitted by law, all express or implied terms not expressly set out in these Terms and Conditions are excluded.

9.3 To the fullest extent permitted by law:

(a) we are not liable for any Consequential Loss, however caused, arising out of or in connection with any contract for the supply of which these Terms form part.

9.4 “Consequential Loss” means, without limitation:

(a) any indirect, special, or consequential loss;

(b) loss of actual or anticipated profits or revenue;

(d) financial costs, holding costs, or interest charges;

(e) failure to achieve expected savings or benefits;

(f) loss of business or commercial opportunities;

(g) loss of, or damage to, goodwill, reputation, or future business prospects;

(h) loss, corruption, or unavailability of data;

(i) costs arising from downtime or wasted overheads; and

(j) any punitive, exemplary, or other special damages.

9.5 While we will use reasonable endeavours to meet any estimated delivery dates or times for the Goods and Services, you acknowledge and agree that we will not be liable for any delays in meeting those estimates.

9.6 We make no representation, warranty or undertaking about the compliance of the Goods with any statutory requirements relating to the marketing, supply or use of the Goods. You acknowledge that you alone are responsible for compliance of the Goods with this legislation.

10. INDEMNITY

10.1 You agree to indemnify Us against:

(a) any claims made against Us by any third party in respect of any loss, damage, death or injury; and

(b) all losses and expenses which we may suffer or incur due to your failure to observe fully your obligations under the Agreement.

11. RETENTION OF TITLE

11.1 In relation to the Goods supplied to you:

(a) Property in those Goods shall remain with Us until the latter of:

i. Payment in full for the Goods; and

ii. Payment in full of all other monies owing as unpaid by you to Us including monies in respect of Goods and Services previously or subsequently provided to you by us.

(b) The relationship between you and Us shall be fiduciary;

(d) Where you sell those Goods, you have no power to commit Us to any contract or liability, but as between you and us, you will sell as fiduciary agent;

(e) We will be given full ownership of any new Goods or objects formed if you transform our Goods into other Goods or affix those Goods to other objects;

(f) Where those Goods are disposed of, the monies resulting from the disposal and all other proceeds, (tangible or intangible) received in respect of the Goods, including insurance proceeds will be held separately in trust for us;

(g) Where those Goods are disposed of, you may only dispose of the Goods in the ordinary course of your business on commercially reasonable terms;

(h) You will keep records of those Goods.

11.2 You agree that our employees or agents may enter upon your premises (doing all that is necessary to gain access) where it is reasonably thought Goods supplied under the Agreement might be stored for the purpose of examining or recovering the Goods.

11.3 Should we exercise our right of entry under clause 11.2, you agree that such entry will not give rise to any claim for trespass or similar action against us, our officers, employees, or agents.

12 SETOFF

12.1 You agree that:

(a) We may set-off any amount that we owe to you against any debit due by you to us;

(b) You are not entitled to withhold payment of any money in respect of any set-off or claim you might have against us.

13 ACTS OF DEFAULT

13.1 If you fail to pay for the Goods or Services in accordance with clause 5.1 and 5.2 above, even though we reserve title to the Goods supplied to you and without prejudice to any other rights and remedies we may have, we may sue you for the price of the Goods and Services as a liquidated sum.

13.2 If you:

(a) fail to pay for any Goods and Services in accordance with clause 5.1 and 5.2 above; or

(b) otherwise breach these Terms and fail to rectify such breach within seven (7) days’ notice; or

(d) commit an act of bankruptcy; or

(e) allow a trustee in bankruptcy or receiver and manager to be appointed to you or any of your property; or

(f) allow distress to be levied by a judgement, order or security to be enforced, or to become enforceable against your property; or

(g) are a company; and.

i. proceedings are commenced to wind you up or any of your subsidiaries; or

ii. a controller, receiver, administrator, liquidator or similar officer is appointed to you or in respect of any part of your property;

then we and our agents may enter upon your premises (doing all that is necessary to gain access) where Goods supplied under these terms are situated at any time and retake possession of any or all of the Goods we have supplied to you.

13.3 We reserve the right to resell any repossessed Goods and terminate the Agreement.

14. GOVERNING LAW

14.1 These Terms and the Agreement are governed by the Law of Victoria.

14.2 You and the Company irrevocably submit to the exclusive jurisdiction of the Victorian Courts and Federal Courts sitting in Victoria.

15. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)

15.1 Where the Company has supplied Goods as part of the Services to the Customer, and title in those Goods has not yet passed to the Customer and the Goods have not yet become affixed to land, the Customer acknowledges and agrees that:

(a) the goods constitute as personal property for the purposes of the PPSA;

(b) the Agreement constitutes a security agreement for the purposes of the PPSA;

(c) the Customer will provide the Company a purchase money security interest (“PMSI”) under the PPSA in the Goods and their proceeds to secure all amounts owed to the Company by the Customer;

(d) the Company is at liberty to register the PMSI on the Personal Property Securities Register (“PPSR”);

(e) it will provide the Company all information the Company requires to register a financing statement or financing change statement on the PPSR;

(f) it will not change its name in any form or other details on the PPSR without first notifying the Company; and

(g) it will, if required by the Company, pay to the Company the cost of registering and maintaining registration of the Customer’s PMSI on the PPSR, within fourteen (14) days of the request.

16 NOTICE OF WAIVER OF RIGHT TO VERIFICATION STATEMENT FOR THE PURPOSE OF SECTION 157 PERSONAL PROPERTY SECURITIES ACT 2009

16.1 The Customer severally acknowledges:

(a) The Company may be making application pursuant to Section 150 of the PPSA to the PPSR, to register a:

(b) Financing Statement relating to any condition in these terms and conditions applicable to a security interest or prescribed personal property; and/or

(c) Financing Change Statement to amend a Registered Financing Statement relating to a security interest or prescribed personal property.

16.2 On registration of any such Financing Statement or Financing Change Statement, pursuant to Section 156 of the PPSA, the Registrar will issue to the Company as the secured party, a Verification Statement in relation to the registration event.

(a) Pursuant to Section 157 of the Act, the Customer as grantor of the security interest will be entitled to notice from the Company of the Verification Statement unless:

(b) The registration event relates to commercial property of the Customer, (as defined in the PPSA); and

16.3 In consideration of the Company accepting the Customer’s request for supply of Goods and Services, the Customer, as testified by their separate execution of this clause, jointly and severally waive, its, his, hers and their right under Section 157 of the PPSA to receive notice of a Verification Statement received by the Company in relation to registration of a Financing Statement or a Financing Change Statement, arising from a security interest provided by the Customer pursuant to these terms and conditions.

17 CESSATION OF SUPPLY

The Agreement to continue to provide Goods and Services to you is always conditional upon our being satisfied of your ability to pay and comply with these terms and conditions. If we cease to be so satisfied we may suspend and/or terminate the provision of Goods and Services and shall not be liable in any way for any claim, damage, expense or cost suffered by you.

18 SEVERANCE

Should any part of these terms and conditions be held to be void or unlawful, these terms and conditions shall be read and enforced as if the void or unlawful provisions have been deleted.

19 WHOLE AGREEMENT

These terms and conditions embody the whole Agreement between the parties and subject to the express terms contained in any written order or written acceptance thereof, all previous dealings, representations and arrangements are hereby excluded and cancelled.

20 SAFETY

The Customer must provide a safe work environment and ensure that residents, tenants, occupants, invitees, contractors and members of the public do not enter designated work areas, interfere with equipment, or engage in abusive or disruptive behaviour. We may suspend or cease work where conditions are unsafe or disruptive, and any resulting delays or costs will be payable by the Customer.

21 RETURNS

21.1 We will accept the return of Goods if:

(a) they do not conform to the quotation or Agreement;

(b) they are defective; or

21.2 At our discretion, we may accept returns where you change your mind, provided that:

(a) you pay a handling and administration fee of 20% of the purchase price and reimburse any costs we incur in connection with the return (except for Goods that were supplied incorrectly or are defective);

(b) the Goods are returned in substantially the same condition as delivered; and

21.3 You agree to indemnify and release Us from any loss or damage to the Goods while in transit for return. It is your responsibility to ensure that returned Goods are adequately insured against such risks.

22 FORCE MAJEURE

If as a direct or indirect result of natural disaster, industrial dispute, accident, government restriction, war, civil disturbance or any other cause, of whatever nature, outside the Company’s control, and the company is unable to perform its obligations under these terms, the Company is released from those obligations to the extent of such liability, and the Customer shall not be entitled to claim compensation for any such failure by the Seller to perform its obligations.

23 WAIVER

Failure by the Company to enforce any of these terms in respect of any breach by the Customer shall not be construed as a waiver of any of the Company’s rights or a waiver of the Company’s right to enforce the terms in respect of that breach in the future. If the Customer is a corporation, the only persons authorised to waive a breach by the Customer are the Director(s), and General Manager of the Company and the Customer shall not seek to rely upon a waiver purportedly given on behalf of the Company by any other person.

24 INTELLECTUAL PROPERTY

24.1 The Customer shall treat all information disclosed to it by or on behalf of the Company, or acquired by the Customer concerning the Company or the supplies as the Company’s confidential information and shall not use or disclose the same except:

(a) To the extent necessary in order to make effective use of the supplies;

(b) To obtain professional advice concerning the Agreement;

(d) To the extent any relevant information shall become public knowledge other than through the Customer’s act or omission.

24.2 All intellectual property (including copyright) in all plans, drawings, designs and text (including Specifications) which are made available to the Customer shall be solely owned by the Company and shall be delivered up to the Company immediately on that company’s request. The Customer acknowledges that no intellectual property licence is granted by the Agreement, other than to the extent necessary to enable the Customer to resell to the customer specified in the quotation for the Customer’s own purpose and not for further resale.

25. SUB-CONTRACT

You acknowledge and agree that we may subcontract, without the Customer’s consent:

(a) the supply of any part of the Goods; and

(b) the performance of the Services (or any part thereof),

26 PRIVACY

26.1 The Company may collect personal information (as defined in the Privacy Act 1988) such as names, addresses, contact details, and billing information to:

(a) provide the Goods and Services requested by the Customer;

(b) manage the Customer’s account; and

26.2 If the Customer provides the Company with personal information about another person, the Customer must ensure that the person has been made aware of:

(a) the information being provided;

(b) the purposes for which it may be used; and

26.3 The Company may disclose personal information to:

(a) its agents, contractors, and external advisors (for example, transport contractors and debt collection agencies) who are bound by confidentiality obligations; and

(b) any other parties where required or authorised by law.

26.4 The Company may also disclose personal information to recipients located overseas in accordance with the Australian Privacy Principles.

26.5 If the Customer does not provide the personal information requested, the Company may be unable to supply the requested Goods or Services.

26.6 The Customer may request access to or correction of personal information held by the Company. Requests should be made to the General Manager using the Company’s contact details. The Company will respond within a reasonable period and in accordance with the Privacy Act 1988.

26.7 The Customer consents to the Company using their email or mobile number to send messages for:

(a) service-related purposes, including account administration, booking confirmations, access instructions, cancellations, or requests for additional information; and

(b) marketing purposes, unless the Customer opts out.

26.8 The Customer may withdraw consent for marketing communications at any time by following the opt-out instructions included in any electronic message or by contacting the Company directly.