Special Note – Any and all works carried out by Leonay Plumbing Pty Ltd either quoted or otherwise shall be subject to these Terms and Conditions in full. It is the sole responsibility of the client and customer to read these Terms and Conditions carefully and pursue legal advice if required before engaging the services of Leonay Plumbing Pty Ltd NSW.
1.0 Definitions
1.1 “Leonay Plumbing” shall mean Leonay Plumbing Pty Ltd, or any agents, contractors and employees hereof.
1.2 “Client” shall mean the client, any person acting on behalf of and with the authority of the client, or any person purchasing products and services from Leonay Plumbing.
2.0 Payments
2.1 The client agrees to make progress payments as requested. Failure to do so will cancel all further works until such time the progress payments are paid. The client agrees to pay the full invoice amount on the completion of works.
2.2 Credit card and cash payments accepted only. I give permission to Leonay Plumbing to carry out transactions over the phone using my credit card details for the value of the invoice amount or as per payment arrangement i.e. Deposit or progress payments.
2.3 A credit card transaction fee of 2% applies to all credit card payments, (Subject to change).
2.4 Any payments, which fall overdue, shall incur a late fee of 10% daily until paid in full.
2.5 All quoted works are subject to variations as required and are at the discretion of Leonay Plumbing Pty Ltd in order to carry out and complete works to Australian and Safety Standards. All variations will incur further fees and charges in addition to the original quoted amount.
2.6 Leonay Plumbing’s direct fees and charges are subject to change without notification to the client.
2.7 Additional fees and charges shall apply outside of normal business hours 0700 to 1700 Monday to Friday.
2.8 I accept that all invoices shall be provided in categories of labour, materials and GST only. Itemised accounts will not be issued.
3.0 goods
3.1 All goods shall remain the property of Leonay Plumbing until such time payment is received in full.
4.0 Cancellation
4.1 Leonay Plumbing Pty Ltd may cancel these terms and conditions or cancel delivery of goods and services at any time giving at least 24 hours written advice. Leonay Plumbing shall not be liable for any loss or damage what-so-ever arising from such cancellation.
4.2 The client must provide Leonay Plumbing with at least 3 working days’ notice in writing of any cancellation of works. Failure to do so will incur 30% payment of the original quoted / invoice amount payable by the client.
4.3 Placing a deposit with Leonay Plumbing secures and confirms your job. Where a deposit has been paid to Leonay Plumbing, deposits are non-refundable.
5.0 Warranty
5.1 Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on exact location and works as carried out by Leonay Plumbing. Client must provide original invoice for proof of works.
5.2 All valve and valve type parts as well as any specified items installed by Leonay Plumbing - must be serviced annually by Leonay Plumbing. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
5.3 The Client shall inspect the goods and works on completion and must report any defects to parts or installation works within 48 hours in writing to Leonay Plumbing of any alleged defects, shortage in quantity or damage. The client shall afford Leonay Plumbing an opportunity to inspect the alleged damage / defect within 7 working days from date of written notification and give Leonay Plumbing the opportunity to make good to Australian and reasonable standards within 14 working days.
5.4 No warranty shall be provided on blocked sewer, drainage or storm water as set out at clause 10.1
6.0 Intellectual Property
6.1 Where Leonay Plumbing have designed or drawn Goods for the Client, then the copyright in those designs and drawings shall remain vested in Leonay Plumbing, and shall only be used by the Client at Leonay Plumbing’s discretion and with written consent to do so.
7.0 Clients Disclaimer
7.1 The client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of Leonay Plumbing and the Client acknowledges that he/she buys the services of Leonay Plumbing relying solely upon his/her own skill and judgment and that Leonay Plumbing shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client and shall not be transferable to any subsequent Client.
8.0 Underground Services
8.1 The Client will indemnify Leonay Plumbing and keep Leonay Plumbing indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged. Leonay Plumbing will not be liable for any repair work and any repair work required will be paid at the Clients expense. Such liability, loss, claims or proceedings includes but is not limited to:
Damage to the property, real or personal;
Death or personal injury; and
Consequential or economic loss of any kind.
9.0 Rock And Filled Ground
9.1 Unless specifically included in written quotes and/or estimates, rock excavation, dewatering or supportive work such as pier and beams for filled or made up ground will be charged out as a variation to the original price. Quotation is based on excavation of clean soils only, unless otherwise specifically stated in writing.
9.2 Existing soils shall be returned to excavated areas where possible and ground shall left filled. Landscaping and concrete works are not included in quotation unless specified be in writing. All concrete, paving and landscape works including shrub / plant and lawn replacement will be treated as a variation as set out in 2.5 of this document.
10.0 Drains And Sewer
10.1 The Client understands that the presence of plant/tree root growth and/or blockages generally indicates damaged pipes. Additionally the Client agrees that blocked drains, sewer pipes and storm water lines cannot be permanently fixed by simply removing “plant/tree root growth” or cleaning the drain. Therefore, no warranty is provided in relation to future blockages regardless of timeframe reoccurring whether in the same location or other drainage / sewer lines within the same property.
10.2 The Client acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment, which may or may not be used at Leonay Plumbing’s sole discretion in an attempt to identify the source of the blocked drain. Should CCTV equipment be used the Client acknowledges that additional charges may be imposed.
10.3 Should any Plumber’s equipment become lodged or damaged in the customers drain it will be removed and / or repaired at the Clients expense (includes materials, parts and labour) or monetary compensation to the total replacement of same or higher quality value will become payable to Leonay Plumbing immediately.
11.0 Dispute Resolution
11.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.
11.2 At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration.
11.3 Any arbitration shall be:
11.3(a) Referred to The Consumer Trader and Tenancy Tribunal (CTTT).
12.0 Compliance with Laws?
12.1 The Client and the Contractor shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
12.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the works?(councils or other governing agents).
12.3 The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
13.0 General
13.1 The client agrees to Leonay Plumbing using their personal information for marketing purposes and gives Leonay Plumbing permission to send out future advertising material
13.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
13.3 Leonay Plumbing does not accept any responsibility for damage to property during works being carrying out.
13.4 Leonay Plumbing shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour hire, machinery or materials outside the direct control of Leonay Plumbing.
13.5 In the event of any breach of this contract by Leonay Plumbing the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Leonay Plumbing exceed the Price of the Goods.
13.6 Leonay Plumbing reserves the right to review and make changes to these terms and conditions at any time.