1 Terms of Supply
1.1 These terms and conditions constitute a legally binding contract between you the customer (“the Customer”) and Prompt Enterprises Pty Ltd ACN 614 864 989 trading as Prompt Plumbing and Electrical (“Prompt Pluming and Electrical”) and apply to the ordering, purchase, fulfilment and delivery of Goods and the provision of all plumbing and other related Services from Prompt Plumbing and Electrical (“Terms”). By placing an order for Goods from Prompt Plumbing and Electrical or instructing Prompt Plumbing and Electrical to undertake Services, you the Customer acknowledges that you have read and that you agree to these Terms.
2 Quotes
Prompt Plumbing and Electrical shall give the Customer a Quote specifying the work required to be done in order to fulfil the Customer’s instructions and an estimate of Prompt Plumbing and Electrical’s charge for the performance of such work. Prompt Plumbing and Electrical’s Quote is subject to its inspection of the Site. The Customer must accept the Quote and work authorisation form (if any) by signing and returning the Quote and work authorisation form prior to the commencement of any work by Prompt Plumbing and Electrical. Any Quote may be altered or withdrawn prior to delivery of Goods or provision of Services to the Customer. Quotes are valid for SIXTY (60) days. In acceptance of the Quote, the Customer warrants that it has not relied on any representation by Prompt Plumbing and Electrical other than as supplied in writing in the Quote.
3 Deposit
3.1 If a deposit is requested by Prompt Plumbing and Electrical, the Customer acknowledges Prompt Plumbing and Electrical is under no obligation to undertake any work until the deposit is received in full by Prompt Plumbing and Electrical and when all details pertaining to contract are finalised. In the event of default as to payment owing to Prompt Plumbing and Electrical on the part of the Customer, Prompt Plumbing and Electrical shall be entitled to forfeit the deposit and claim any profit or margin contemplated by or allowed for in the contract in addition to any remedy available to Prompt Plumbing and Electrical at law or in equity.
4 Undertaking of Work
4.1 The Customer shall ensure the Customer or its representative remains on the Site during the period that Prompt Plumbing and Electrical’s has access to the Site and the Customer indemnifies Prompt Plumbing and Electrical from any claims or charges relating to damage and/or loss of property from the Site if the Customer or its representative is not present on the Site whilst the
work is undertaken.
5 Contract Price
5.1 The price for Goods and Services will be either as stated in writing in Prompt Plumbing and Electrical’s Quote or, if no written Quote is provided, Prompt Plumbing and Electrical’s standard charges will apply. Unless otherwise stated in writing, prices are exclusive of packaging, delivery costs (including insurance), GST or other applicable tax or levy, all of which will be for the Customer’s account.
5.2 Prompt Plumbing and Electrical’s Quote includes (a) the supply of Goods and Services noted in the estimate;(b)(client to insert additional inclusions, IF ANY)
5.3 Unless Prompt Plumbing and Electrical’s Quote provides for otherwise, the Quote does not include (a) the supply of Goods and Services which are not noted in the Quote; (b) the use of Close Circuit Television (CCTV) equipment; (c) the removal of rubbish, waste , building materials and rubble; (d) repair work by other trades; (e) provision of cranes, scaffolding or other support structures; (f) (client to insert additional inclusions, IF ANY)
5.4 An additional charge (“Additional Charge”) will be made where: (a) additional Goods and Services are required to be supplied or undertaken to complete the work; (b) the Customer alters the specifications after the Quote is agreed to; (c) the Customer fails to provide Prompt Plumbing 035785 and Electrical with suitable access to the site where Goods are to be delivered or Services are to be provided; or (d) the Customer requires Prompt Plumbing and Electrical to deliver Goods or perform work urgently.
5.5 Where an Additional Charge will be required, Prompt Plumbing and Electrical will endeavour to advise the Customer prior to supplying the additional Good or Service. The Customer acknowledges and agrees that in some circumstances Prompt Plumbing and Electrical will be unable to advise the Customer of the Additional Charge and therefore the Customer agrees to all urgent and unforeseen Additional Charges.
6 Variations
6.1 All variations to an accepted Quote must be in writing and signed by a duly authorised representative of Prompt Plumbing and Electrical. Variations to an accepted Quote or contract will incur additional costs to the Customer.
7 Payment
7.1 The Customer must pay Prompt Plumbing and Electrical the total amount set out in the invoice within the time specified in Prompt Plumbing and Electrical’s Quote and/or work authorisation form. If no payment terms are specified, the time for payment shall be strictly SEVEN (7) days.
7.2 If full payment for the Goods or Services is not made on the due date, then without prejudice to any other remedies available to Prompt Plumbing and Electrical:
(a) Prompt Plumbing and Electrical may cancel or withhold supply of Goods or Services; and
(b) Prompt Plumbing and Electrical may charge the Customer interest at the rate of 15% per annum or part thereof and interest shall continue to accrue both before and after judgment calculated on a daily basis.
7.3 The Customer indemnifies Prompt Plumbing and Electrical for all costs, expenses or losses incurred by Prompt Plumbing and Electrical as a result of the Customer’s failure to pay to Prompt Plumbing and Electrical all sums outstanding as owed by the Customer to Prompt Plumbing and Electrical including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment.
7.4 In the event that agreed progress payments are not honoured by the Customer, Prompt Plumbing and Electrical may halt any further work until such time as the outstanding payment is
made.
8 Ownership
8.1 Ownership in the Goods Prompt Plumbing and Electrical supplies shall not pass upon delivery, but shall remain with Prompt Plumbing and Electrical until the Customer has paid all monies that the Customer owes Prompt Plumbing and Electrical, whether or not the Goods have been fixed to a building. Unless Goods have been fixed to a building, until the Customer pays Prompt Plumbing and Electrical in full:
(a) The Customer shall hold the Goods supplied as bailee for Prompt Plumbing and Electrical. Until such time as Prompt Plumbing and Electrical is paid in full, the Customer must not encumber or otherwise charge the Goods and the Customer shall be fully responsible for any loss or damage to the Goods;
(b) The Customer shall identify and store Prompt Plumbing and Electrical’s Goods separately;
(c) The Customer irrevocably gives Prompt Plumbing and Electrical and its agents the right to enter the Customers property without notice, to uplift and remove any of the Goods for re-sale.
9 Personal Property Securities Act (“PPSA”)
9.1 Unless the context requires otherwise, clauses defined in the PPSA have their same defined meaning in these Terms.
9.2 The Customer acknowledges and agrees:
(a) that these Terms constitute a Security Agreement that creates a Security Interest in: (a) all Goods (and Proceeds) previously supplied by Prompt Plumbing and Electrical to the Customer; and (b) to be supplied in the future by Prompt Plumbing and Electrical to the Customer; 035785
(b) that the Security Interest created by these Terms is a continuing Security Interest in all Goods (supplied now or in the future by Prompt Plumbing and Electrical to the Customer) and Proceeds, which will operate (despite any intervening payment or settlement of account) until Prompt Plumbing and Electrical has signed a release; and
(c) to waive its rights in relation to the sections listed in sub-section 115(1) of the PPSA (or as otherwise amended), which will not apply (to the extent, if any, mentioned) to the Security Agreement created by these Terms.
9.3 The Customer undertakes to:
(a) keep all Goods free of any charge, lien or Security Interest except as created under these Terms and not otherwise deal with the Goods in a way that may prejudice any rights of Prompt Plumbing and Electrical under these Terms & Conditions or the PPSA; (b) sign any further documents and provide any further information (which must be complete,
(b) sign any further documents and provide any further information (which must be complete, accurate and up-to-date in all respects) that Prompt Plumbing and Electrical may require related
to this Security Agreement;
(c) indemnify, and upon demand reimburse, Prompt Plumbing and Electrical for all fees (including actual legal fees on a solicitor/own client basis), costs, disbursements and expenses in registering and maintaining a Financing Statement or Financing Change Statement on the Register or releasing any Goods charged thereby; and enforcing or attempting to enforce the Security Interest created by these Terms; and
(d) not register, or allow to be registered, a Financing Statement or a Financing Change Statement in respect of the Goods or Proceeds in favour of a third party, without the prior written consent of Prompt Plumbing and Electrical.
10 Risk and Delivery
10.1 The risk in the Goods shall pass to the Customer upon delivery/installation of the Goods to the Customer or to a third party nominated by the Customer.
10.2 Delivery of the Goods shall be made to the Customer’s nominated address. Prompt Plumbing and Electrical shall not be liable for any loss or damage whatever due to the failure by Prompt
Plumbing and Electrical to deliver the Goods (or any part of them) promptly or at all.
11 Retention of Title
Notwithstanding the delivery or installation of the Goods, title in any particular Goods shall remain with Prompt Plumbing and Electrical until the Customer has paid and discharged any and all monies owing pursuant to any invoice issued by Prompt Plumbing and Electrical for the Goods, including all applicable GST and other taxes, levies and duties. Where the Goods have been onsold by the Customer, the Customer will be taken to hold the proceeds of sale of such Goods upon trust for Prompt Plumbing and Electrical and to account to Prompt Plumbing and Electrical for these proceeds.
12 Access to Site
12.1 The Customer must provide Prompt Plumbing and Electrical with suitable safe access to the site where Prompt Plumbing and Electrical are to deliver Goods and/or perform the Services until such time as the work has been completed and Prompt Plumbing and Electrical paid in full.
12.2 The Customer shall indemnify Prompt Plumbing and Electrical from any costs incurred or penalties if Prompt Plumbing and Electrical is unable to make delivery due to Site access or if the completion of the work is delayed due to interrupted Site access.
13 Prolongation
13.1 Prompt Plumbing and Electrical 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 Prompt Plumbing and Electrical.
13.2 Should work at the Site be held up for reasons beyond Prompt Plumbing and Electrical’s control, then the Customer shall indemnify Prompt Plumbing and Electrical from any increased costs, losses or expenses due to such prolongation. 035785
14 Dial Before You Dig
14.1 When Prompt Plumbing and Electrical is engaged to undertake underground plumbing work, the Customer shall obtain plans of underground pipes and cables on the Site at least two clear working days before Prompt Plumbing and Electrical’s proposed work on the Site. These plans can be requested from the DBYD (Dial Before You Dig) website at www.1100.com.au or phone
1100. Should the Customer fail to provide Prompt Plumbing and Electrical with the appropriate plans for the Site as required by this Clause, the Customer will indemnify Prompt Plumbing and Electrical from any claim for costs, expenses or losses from a third party for any damage to third party property, including the asset owner.
15 Blocked Drain
15.1 The presence of plant/tree root growth and/or blockages generally indicates damaged pipes. No warranty is provided in relation to future blockages reoccurring in such instances.
15.2 Should any of Prompt Plumbing and Electrical’s equipment become lodged in the customer’s faulty drain it will be removed at the Customer’s expense or monetary compensation to the total
replacement value will become payable to Prompt Plumbing and Electrical within SEVEN (7) days.
16 Permits
16.1 It is the responsibility of the Customer to ensure that all necessary permits, permissions or authorisations are obtained for the work carried out on Site.
17 Warranties
17.1 Any warranty as to the Goods shall be limited to the written warranty provided by the manufacturer to the Customer on or before installation of the Goods.
17.2 Any warranty shall become null and void in the event that the Goods are modified, altered, damaged or put to any undue stress other than in the way the Goods were designed to perform.
17.3 Prompt Plumbing and Electrical shall not provide warranty on Goods supplied by the Customer to be used in the work by Prompt Plumbing and Electrical.
17.4 In respect of all claims Prompt Plumbing and Electrical shall not be liable to compensate the Customer for any delay in either replacing or repairing the workmanship/Goods or in properly
assessing the Customer’s claim.
18 Liability
18.1 The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in these Terms and there are rights and remedies conferred on the Customer in relation to the provision of the goods and services which cannot be excluded, restricted or modified by the Agreement (“Non-excludable Rights”).
18.2 Prompt Plumbing and Electrical disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of Prompt Plumbing and Electrical for a breach of a Non-Excludable Right is limited, at Prompt Plumbing and Electrical’s option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods and/or services supplied again.
18.3 Notwithstanding any other provision of these Terms, Prompt Plumbing and Electrical is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for: (a) any increased costs or expenses; (b) any loss of profit, revenue, business, contracts or anticipated savings; (c) any loss or expense resulting from a claim by a third party; or (d) any special, indirect or consequential loss or damage of any nature whatsoever caused by Prompt Plumbing and Electrical’s failure to complete or delay in delivering the Goods or completed the work.
18.4 Prompt Plumbing and Electrical will have no liability to the Customer in relation to any loss, damage or expense caused by Prompt Plumbing and Electrical’s failure to deliver the Goods or complete the work as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of Prompt Plumbing and Electrical’s normal 035785 suppliers to supply necessary material or any other matter beyond Prompt Plumbing and Electrical’s control.
19 Cancelation
19.1 Cancellation by the Customer.
The Customer must provide Prompt Plumbing and Electrical with at least FIVE (5) working days’ notice in writing of any cancellation of works. Failure to do so will result in any deposit being forfeited or, if no deposit has been paid, the Customer must pay to Prompt Plumbing and Electrical TWENTY PERCENT (20%) of the original quoted/invoice amount, payable by the Customer within SEVEN (7) days of receipt of an invoice for that amount. Prompt Plumbing and Electrical may also charge the Customer for any costs incurred up to the point of cancellation.
19.2 Cancellation by Prompt Plumbing and Electrical
Prompt Plumbing and Electrical shall be entitled without liability to the Customer to cancel an order or delivery of an order if: (a) the Customer becomes insolvent, enter into a scheme of arrangement with creditors (other than with our consent) or the Customer ceases or threatens to cease to carry on all or a material part of the Customer’s business, or have a receiver appointed in respect of any or all of the Customer’s assets or other steps are taken for the Customer’s dissolution; (b) the Customer or Prompt Plumbing and Electrical are refused any licences, consents or permits in respect of the Goods or Services; or (c) the Customer breaches any of these Terms.
20 Security and Charge
20.1 The Customer hereby charges all property (including personal and real property) both equitable and legal, present or future of the Customer in respect of any monies that may be owing by the Customer to Prompt Plumbing and Electrical under these Terms or otherwise and hereby authorises Prompt Plumbing and Electrical or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Customer at any time.
21 General
21.1 Laws Which Alter Agreement: If at any time and for so long as the law applies to these Terms a provision of a law (including the Competition and Consumer Act 2010) conflicts with a provision of this Lease and under that law that provision of that law shall prevail, each conflicting provision of these Terms will be treated as being amended to the extent necessary to resolve the conflict with that law.
21.2 Severability: If any part of these Terms can be read in a way that makes it illegal, unenforceable or invalid but can also be read in a way that makes it legal, enforceable and valid, it shall be read in the latter way. If any part of these Terms or its application to any person or circumstances is or becomes invalid or unenforceable that part of these Terms is treated as removed for the period of that invalidity or unenforceability and the remaining clauses will not be effected and remain valid and enforceable to the fullest extent permitted by law.
21.3 Waiver or Variation: No failure to exercise or any delay in exercising any right, power or remedy under this Lease by a Party operates as a waiver. A waiver is not valid or binding on the Party granting that waiver unless made in writing.
21.4 Governing Law: These Terms are governed by the laws of the State of Western Australia and where applicable the Commonwealth of Australia. Each Party submits irrevocably to the non exclusive jurisdiction of the courts of the State of Western Australia and where applicable of the courts of the Commonwealth of Australia.
21.5 Whole Agreement: This Lease comprises the whole agreement between the Parties and, subject only to any provision expressly to the contrary, supersedes all prior agreements and understandings between the Lessor and the Lessee in relation to the Premises.
22 Privacy
22.1 The Customer hereby authorises Prompt Plumbing and Electrical to collect, retain, record, use and disclose consumer and/or commercial information about the Customer, in accordance with
035785 the Privacy Act 1988 and subsequent amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by Prompt Plumbing and Electrical, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.
22.2 By the Customer providing their personal information, the Customer consents to receiving marketing material from Prompt Plumbing and Electrical about its Goods and Services;
Definitions
In these Terms unless the context otherwise requires the following words have the following meanings:
“Prompt Plumbing and Electrical” is Prompt Enterprises Pty Ltd ACN 614 864 989 trading as Prompt Plumbing and Electrical its successors and assigns and any person acting on behalf of
and with the authority of Prompt Plumbing and Electrical;
“the Customer” is the person or business entity named on the quote provided by Prompt Plumbing and Electrical, and any person acting on behalf of the Customer;
“Goods” means plumbing products and associated components and more particularly described on Prompt Plumbing and Electrical’s quotes, tax invoices and other paperwork supplied to the Customer;
“Quote” means a written quotation provided by Prompt Plumbing and Electrical to the Customer;
“Services” means plumbing and other services and more particularly described on Prompt Plumbing and Electrical’s quotes, tax invoices and other paperwork supplied to the Customer; and
“Site” means the place where Prompt Plumbing and Electrical’s work will be carried out.