- Definitions and Interpretation
- In these conditions:
- Customer means the person or entity named in the Invoice or Quote;
- Goods means any fixtures, fittings, parts or components supplied by APG, its employees, agents or contractors during the provision of Services;
- GST means goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
- Invoice means an invoice issued by APG for the supply of Goods or provision of Services;
- APG means Andrews Plumbing & Gas-Fitting Services Pty Ltd ABN 46 632 045 839;
- Order means any request for Goods and/or Services placed by the Customer with APG, including acceptance of a Quote verbally or in writing;
- Quote means a written or verbal quotation issued by APG for the provision of Goods and/or Services;
- Services means plumbing, gas-fitting, drainage, roof plumbing, installation, maintenance, repair, inspection and related services provided by APG, its agents or contractors;
- DBC Act means the Domestic Building Contracts Act 1995 (Vic).
- Only these conditions, and any that cannot be excluded by law, bind APG.
- Any special conditions specified in a Quote take precedence to the extent of any inconsistency.
- Where the DBC Act applies, its mandatory requirements prevail over any inconsistent clause in these conditions.
- In these conditions:
- Orders
- Once accepted by APG, an Order cannot be cancelled by the Customer without APG’s written consent. Acceptance may occur by signing a Quote, email confirmation, verbal instruction, or allowing work to commence.
- Quotes are valid for 30 days from the date of issue.
- Supply of Goods and Services is subject to availability.
- APG may suspend or discontinue Services due to safety concerns, non-payment, or site conditions beyond APG’s control. These conditions continue to apply to any part of the Order already supplied.
- Pricing
- Where a Quote has been provided, the price is as specified in that Quote. Work under $1,000 is generally charged at APG’s standard hourly rates plus materials; work over $1,000 is generally quoted.
- Call-out fees:
- Standard call-out (Geelong area): $175 inc GST including the first 30 minutes;
- After-hours call-out: $330 inc GST including the first 30 minutes;
- Travel outside Geelong is quoted separately.
- Where progress payments apply, a separate Invoice will be issued for each progress stage as outlined in the relevant Quote.
- All pricing assumes Services will be carried out during normal business hours. Additional rates may apply if work is requested outside these hours.
- APG may vary the price if:
- a variation to Goods and/or Services is requested by the Customer;
- unforeseen or latent conditions are encountered;
- regulatory requirements necessitate changes; or
- other circumstances arise not evident at the time of quoting. APG may require written acceptance of a variation before proceeding.
- Any Invoice is deemed accepted unless the Customer notifies APG in writing of any objection within five (5) days of receipt.
- Payments
- All Invoices are due within seven (7) days unless otherwise agreed in writing.
- APG may require a deposit of up to ten percent (10%) upon acceptance of a Quote, subject to the DBC Act where applicable.
- A surcharge may be applied to payments by credit card.
- Time is of the essence in respect of the Customer’s payment obligations.
- Title and Risk
- Title in Goods supplied remains with APG until full payment is received for all Goods and Services.
- The affixing or installation of Goods does not render them fixtures, and APG may recover Goods in the event of non-payment.
- The Customer indemnifies APG for any loss, damage, claims, actions and costs incurred by APG in recovering Goods.
- Risk in Goods passes to the Customer upon delivery or installation.
- Warranty
- Subject to clause 7:
- Goods are covered by the manufacturer’s warranty (if any); and
- APG warrants its workmanship for twelve (12) months from completion of the Services.
- The Customer must notify APG as soon as practicable after becoming aware of a defect.
- Warranty is excluded or void where the Customer:
- supplies its own materials;
- tampers with, alters or misuses the installation;
- fails to maintain plumbing systems;
- engages a third party to modify the work; or
- declines recommended diagnostics or rectification (including CCTV for drainage).
- Clearing a blocked drain does not guarantee it will not block again; underlying issues (e.g., roots, breaks, foreign objects, deterioration) are not covered under warranty.
- Extended warranties may be available from the manufacturer of certain Goods.
- Subject to clause 7:
- Limitation of Liability
- To the extent permitted by law, APG limits its liability to:
- in the case of Goods: repair, replacement, or payment of the cost of repair or replacement; and
- in the case of Services: resupply of the Services or payment of the cost of resupply.
- APG is not liable for consequential, special or indirect loss; pre-existing faults or brittle/aged fixtures; or re-blocking of drains where CCTV diagnostics were declined.
- Neither party is liable for the consequences of acts or omissions arising from circumstances beyond that party’s reasonable control.
- To the extent permitted by law, APG limits its liability to:
- Variations, Cancellations and Recovery of Debt
- If the Customer fails to pay any amount by the due date, APG may:
- charge reasonable administration fees on overdue accounts;
- cancel or suspend any incomplete Orders or cease providing Services;
- terminate any contract and require immediate payment of all monies due; and
- engage a debt collection agency or legal representatives to recover outstanding amounts, with all associated costs payable by the Customer.
- Cancelling an appointment within twelve (12) hours, or APG being unable to gain access on arrival, incurs the full call-out fee. Delays caused by the Customer may incur additional labour charges.
- Variations must be approved in writing. Verbal approval may be accepted for urgent health/safety/water-damage risks, and will be confirmed in writing as soon as practicable.
- If the Customer fails to pay any amount by the due date, APG may:
- Safety, Access and Site Conditions
- The Customer must provide clear, safe and reasonable access to all work areas and is responsible for protecting furniture, flooring and possessions unless otherwise agreed.
- APG may refuse to perform work where conditions are unsafe, including where working at heights is not reasonably practicable or compliance requirements cannot be met.
- If asbestos, mould, contaminated soil or other hazardous materials are suspected, work pauses immediately. Testing and removal must be arranged and paid for by the Customer. APG is not liable for delays caused by hazardous materials.
- Temporary interruptions to water, gas or power may be required. The Customer must ensure occupants are prepared. APG is not liable for losses arising from required shutdowns.
- General
- APG may amend these conditions at any time by posting updated conditions on its website or attaching them to new Orders.
- APG may collect, use and store the Customer’s personal information in accordance with its Privacy Policy.
- If any provision of these conditions is invalid or unenforceable, the remainder remains effective.
- Failure by APG to enforce any provision at any time is not a waiver of APG’s rights.
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