Terms of Service
Any works carried out by Greater Sydney Plumbing Pty Ltd “GSP” either quoted or otherwise shall be subject to these Terms of Service. It is the sole responsibility of the customer to read the Terms of Service carefully.
“Plumber” refers to GSP or contractors or employees hereof.
“Customer” refers to a client, any person acting on behalf of and with the authority of the customer, or any person purchasing products and services from GSP. Where the customer is a corporation or partnership, its directors or partners agree to be bound by these Terms of Service jointly and severally.
“Contracted Price” shall mean the quoted price and any variation or in the absence of a quote the time and material rates as specified on the invoice.
Quotations and Orders
Unless previously withdrawn, a quotation issued by GSP is open for acceptance for 30 days. GSP reserves the right to refuse any order placed by customer within 7 days of the order placed.
Any quotation is based on GSP professional estimation of where existing drainage, 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, GSP reserves the right to vary the quotation.
GSP reserves the right to vary a quotation once the supply of goods or services has commenced. The customer will be notified at their earliest convenience and approval sought to carry out the additional works.
Once an order has been accepted by GSP, the customer cannot cancel it without the express consent of GSP. Where GSP has already ordered goods from a third party, cancellation will only be possible if GSP can return the goods to the third party at no loss to GSP.
GSP may, at any time after acceptance of an order, cancel the supply of goods or service and GSP will not be liable for any loss or damage encountered by the customer as the result of such cancellation.
Contract Price and Payment
The customer shall pay GSP the Contract Price and any variation in accordance with these Terms of Service.
The Quote is payable in full without any deduction at the completion of the works unless otherwise agreed in writing with GSP.
The customer is responsible for all reasonable costs and expenses incurred by GSP or by any third party engaged by GSP incidental to and arising out of late payments of amounts due under the Terms of Service.
Provision of Goods and Service
The supply of service includes the quotation which may include but is not limited to; the excavation, relocation, removal or repair of soil, rock or other surfaces that may be encountered in the supply of goods and services.
No provision for the costs associated with the identification or removal and cartage of Asbestos Containing Material (ACM) that may be encountered during completion of Works. Costs associated with the identification and removal of ACM shall constitute a variation and such variation shall permit an additional charge for such work.
The customer acknowledges that pipes affected by root growth and or blockages are generally damaged as a result of such interference. The removal of root growth and/or blockages alone carries no warranty that similar problems will not recur unless permanent repairs are made to the affected pipework.
Where drain inspection or plumbing equipment becomes jammed as a result of damaged drains or blockages, GSP will reasonable action to retrieve such items. The customer agrees to pay the costs of the removal of the equipment including any excavation and restoration work unless quoted otherwise.
GSP will take care when supplying the goods or service to minimise any disturbance or damage to surrounding areas including walls, ceilings, floors, garden beds and paint. Any repair or restoration required after the supply of the goods or service is not included in the quotation unless otherwise stated and must be carried out the customer’s cost.
Pricing on works are based upon the assumption that all existing installations comply with law, regulations and relevant Australian Standards. Any work required to bring existing installations into compliance with law, regulation and relevant Australian Standards shall constitute a variation.
Pricing of works is based upon the assumption that GSP will have access to the site. If access to the site is impeded in any way, this may constitute a variation.
Goods and Services Tax
All Goods and Services are subject to Goods and Services Tax (GST).
GSP will perform work in a professional manner as per Australian Standards and in accordance with Work, Health & Safety (WH&S) requirements.
GSP shall handle any fixtures, fittings, materials and/or equipment provided by the customer with reasonable care.
GSP is not be liable for any damage caused by defects in, or the unsuitability of customer-supplied fixtures, fittings, materials and/or equipment for the purposes for which they were intended by the customer.
GSP may subcontract some or all parts of its work and its obligations or rights without the customer’s consent.
The customer agrees that the work site complies with any Work, Health & Safety (WH&S) laws relating to building and construction sites.
The customer shall provide scaffolding and access equipment for the works unless otherwise specified in the contract.
Supply of Materials
Where any fixtures, fittings, materials and/or equipment are supplied by the customer, they will be stored, handled and installed at the risk of the customer. GSP is not liable for any failure of materials supplied by the customer.
Notwithstanding delivery of the goods to the customer, title in the goods shall remain with GSP until full payment is made by the customer. GSP reserves the right to reclaim the goods from the customer’s possession, custody or control even if they have been delivered to the customer. GSP reserves the right to keep or on sell the goods.
All materials removed from the customer’s site shall be deemed to be the property of GSP unless stated otherwise and the customer is notified.
GSP maintains all insurance it considers appropriate in respect of the supply of goods and service and all other insurances required by law.
Termination of Contract
GSP or the customer may terminate this agreement immediately by notice to the other party:
(a) if the other party breaches a material term of this agreement capable of being remedied and fails to remedy the breach within 10 business days after being given notice of breach;
(b) if that other party breaches a material term of this agreement which is not capable of remedy; or
(c) the other party is unable to pay its debts as they fall due.
If the customer terminates this Agreement for any reason whatsoever, the customer must immediately pay GSP for all goods or service already ordered from or supplied by GSP.
If a dispute arises between GSP and the customer to the Terms of service, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute in every attempt to resolve the dispute.
At any such event, each party shall be represented by a person having authority to agree to a resolution of the dispute. If the dispute cannot be so resolved, either party may refer the dispute to arbitration. Each party shall bear its own costs of presenting its position during arbitration.
Warranty and Limitation of Liability
All goods and service are subject to a manufacturer’s warranty. The customer agrees to comply with the terms of the manufacturer’s warranty.
To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in this agreement are excluded. If GSP is liable for a breach of an imposed term, guarantee, warranty, representation or condition or warranty, GSP’s liability is limited to:
(a) the replacement of the goods or the supply of equivalent goods or the supply of the service again;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(d. the payment of the cost of having the goods repaired or resupplying the service.
To the extent permitted by law GSP will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity and loss of data arising out of or in connection with the goods or service delivered.
Where GSP has designed or drawn goods for the customer, the copyright in those designs and drawings shall remain vested with GSP.