Terms & Conditions

  1. Definitions

1.1 “the Supplier” means BA Lockhart & M Lockhart T/A Alkimos Plumbing and Gas (ABN 24331483139).

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.

 

  1. 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 will incur a surcharge of up to 1.8[1]% 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.

 

  1. 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.

 

  1. 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 labor 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.

  1. 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.

  1. Quotations

6.1 Quotations are based solely on the scope of works set out in the quotation document.

6.2 Unless stated in the scope of works layout by the Supplier the estimate does not include the following:

(a) 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.

(b) Supply of tapware and fixtures.

(c) Removal of rubbish from site.

(d) Removal or reinstatement of surfaces.

(e) Fees for authorities such as The Water Corporation and PLB.

(f) Hard digging such as clay and rock. It is assumed all surface digging is sand only.

6.3 The quotation price is an estimate only and will not be binding upon the Supplier unless specifically stated therein.

 

  1. 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.

 

 

 

  1. 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.

 

  1. 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.