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This website is operated by Alkimos Plumbing and Gas. Throughout the site, the terms “we”, “us” and “our” refer to Alkimos Plumbing and Gas. Alkimos Plumbing and Gas offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to availability under our discretion.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse, cancel, or postpone any order/booking you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear not to be placed by you, or a representative of you.
You agree to provide current, complete and accurate purchase and account information for all purchases made with Alkimos Plumbing and Gas. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example content entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our Privacy Policy. Link at bottom of page.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Alkimos Plumbing and Gas, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Alkimos Plumbing and Gas and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at [email protected]
1. Definitions
1.1 “the Supplier” means Plumbing & Gas Group Pty Ltd T/A Alkimos Plumbing and Gas (ABN 22645364594).
1.2 “the Client” means the client/customer or any person acting on behalf and with the authority of the client.
1.3 “Guarantor” means the person(s) who agrees to be liable for the debts of a client as may be specified in any quotation or correspondence between the parties.
1.4 “PLB” refers to the Plumber’s Licensing Board.
2. Payments and Security
2.1 The agreed terms are as per the payment terms stated in the Supplier’s invoice, i.e., payment is due ‘X’ days from date of invoice. If no payment terms are stated, then payment is due immediately upon completion of the works.
2.2 Where the works period is one month or greater, the Supplier may invoice the Client at the end of each calendar month for work undertaken during that month and such invoice will be payable on the terms agreed by the parties or if no terms are agreed within 7 days of such invoice date.
2.3 The Client hereby agrees and acknowledges that, at the absolute discretion of the Supplier, an account keeping fee of 2% per month will be levied on any or all amounts in default of the agreed trading terms.
2.4 The Client indemnifies the Supplier against all bank or recovery fees incurred and in the event that the Client’s account is in default under this Agreement and indemnifies the Supplier against any collection fees, full legal and other costs, claims or liabilities related to any Client breach under this Agreement.
2.5 The Supplier may halt ongoing works any time without notice should an account be in arrears without prior notice to the Client.
2.6 The Client and the Guarantor (if any) hereby charges all their right, title or interest (if any) to any or all property(ies) owned, partly owned, acquired in the future, solely or jointly by the said Client or Guarantor or both in favour of the Supplier, to secure all monies owed to the Supplier together with the due and punctual observance and performance of all of the obligations of the Client. The Client and the Guarantor acknowledge that the Supplier may at its discretion, register an absolute caveat on such property in respect of the interest conferred on it under this clause.
2.7 Until all invoices are paid in full, and all monies received and ownership of any materials used will remain with the Supplier.
2.8 The Supplier may register an all present and after acquired security interest over the Client or the Guarantors or both in order to secure all monies due to it. The Client and Guarantors waive any right to receive notification of such registration.
2.9 Payments can be made in cash, bank transfer or credit card and are deemed to be received when the funds are cleared by the Supplier’s bank.
2.10 Credit card payments may incur a surcharge of up to 1.81% per transaction.
2.11 GST. The Supplier is required by law to pay Goods and Services Tax, (GST) on any work, the subject of this estimate/quote. GST will be in addition to the estimate/quote provided, if it is not shown otherwise.
2.12 The Supplier may terminate any agreement to provide credit to a Client at any time without providing justification to the Client.
2.13 The Guarantor agrees to guarantee the prompt payment of all amounts owed by the Client and the due and punctual performance of all Client obligations.
3. Warranties
3.1 All materials and product warranties are as provided by the manufacturer. The Supplier takes no responsibility for damage caused from or related in any way to materials or product failure, and all Client claims must be made direct to that particular manufacturer. The Supplier will provide manufacturer contact details upon request by the Client.
3.2 No warranty work will be completed by the Supplier whilst ever the Client’s account is in default of the agreed trading terms.
3.3 Mandatory installation warranty periods will be applicable as per PLB statutory requirements.
3.4 The Client must request that any potential workmanship or installation defect is remedied by the Supplier and provide not less than 5 business days for the Supplier to remedy the defect. If the client engages another tradesperson to remedy the defect without complying with this clause, the Supplier will have no liability in relation to such defect.
3.5 Should a re-attendance be required to inspect a Client suspected warranty item claim that is not deemed to be a warranty issue, the Client will be charged at the Supplier’s standard rate schedule for that year for the call out.
3.6 If the Supplier claims on its insurance in relation to any Client claim, any finding or decision of the provider of Supplier’s public liability insurance is deemed as final.
3.7 The Supplier will use best endeavours to provide the works within the expected time however at no time will the Supplier be liable for any delay in completion of the works or any costs associated in any way with such delay.
3.8 At all times the liability of the Supplier is limited to the value of the relevant quotation for the works.
3.9 At no time will the Supplier be liable for any consequential or indirect loss, cost, claim or liability suffered by the Client.
4. Refunds
4.1 If a full refund is requested from a Client this would need to be put forward in writing within thirty (30) days of job completion. No refunds will be accepted after such time.
4.2 Once reviewed a response will be submitted by the Supplier within seven days of receipt.
4.3 Full refunds on Supplier labour spent fault finding and identifying issues and items will not be provided. Refunds will be provided on a pro rata basis for the actual extent of any defect.
4.4 Nothing in the agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 except to the extent permitted by that Act.
5. Acceptance
5.1 Any instructions received by the Supplier from the Client via email, phone, fax or direct mail to carry out works is deemed to constitute acceptance of the terms and conditions contained here.
5.2 Any employee, family member or apparent representative of the Client is deemed to have authority to bind the Client unless the Client specifies otherwise in writing.
6. Quotations
Quotations are based solely on the scope of works set out in the quotation document.
Unless stated in the scope of works layout by the Supplier the estimate does not include the following:
6.2.1 Items and issues that cannot be seen at the time of inspection including but not limited to, below ground or in ceiling spaces and wall cavities.
6.2.2 Supply of tapware and fixtures.
6.2.3 Removal of rubbish from site.
6.2.4 Removal or reinstatement of surfaces.
6.2.5 Fees for authorities such as The Water Corporation and PLB.
6.2.6 Hard digging such as clay and rock. It is assumed all surface digging is sand only.
The quotation price is an estimate only and will not be binding upon the Supplier unless specifically stated therein.
7. Works
7.1 Prior to commencing works the Client must advise the Supplier of the precise location of all underground services on site by clearly marking them.
7.2 Whilst the Supplier will take utmost care to avoid damage to any underground services, the Client agrees to indemnify the Supplier in respect of all and any liability claims, loss, damage, costs or fines in any way related to damage to services not precisely located and notified as per above.
7.3 Variations. Cost variations will occur should any of the scenarios in clause 6.2 be presented or additional works requested/required to that of the original scope. The Client will be liable to pay for all variations at the Supplier’s standard rates unless otherwise stated in writing by the Supplier.
7.4 Drain Blockages – The Client agrees that the presence of plant/tree root generally indicates damaged pipes. The Client agrees this cannot be 100% fixed purely by cleaning the drain therefore no warranty is provided against this situation arising again in the future.
7.5 Wall Chasing / Coring / Cutting – The Client agrees that although utmost care is taken to avoid damage to walls, painting, patching or other necessary reinstatement works may be required in which the Supplier holds no liability over costs incurred.
8. Privacy
8.1 Intellectual property including the Suppliers methods, trade secrets and commercial client lists and details will remain the sole property of the Supplier and cannot be used by the Client without the prior written authority of the Supplier.
8.2 The Client agrees that Alkimos Plumbing and Gas may use documents, designs, photographs or drawings for
advertising and marketing purposes.
8.3 The Supplier may be required to collect personal information from time to time. This may include names, addresses, phone numbers, email addresses and lead source information.
8.4 At no time will this information be shared with or become public knowledge in anyway.
8.5 The Client and/or Guarantor(s) agrees to the Supplier obtaining from a credit reporting agency a credit report containing personal credit information about them in relation to their ability to be allowed credit for repayment.
8.6 The Client agrees to the Supplier obtaining credit and credibility information from listen trade referees upon request.
8.7 No credit information will be stored on file.
9. General
9.1 The Client acknowledges that the Laws of the State of the Western Australia shall govern this contract, and the Client hereby agrees to submit to the nonexclusive jurisdiction of the Courts of Western Australia.
9.2 These Terms and Conditions apply to all transactions with the Client. If any future contract between the Supplier and the Client is inconsistent with these Terms and Conditions, then these Terms and Conditions will apply unless the subsequent contract refers to and specifically alters these Terms and Conditions in writing.
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