General Terms and Conditions (Reliable Plumbing Services Australia Pty Ltd)
Please read these Conditions carefully, as they set out Reliable’s and your legal rights and obligations in relation to Reliable’s work.
1. Definitions and interpretation
1.1 In these Conditions:
“Booking” means a timed appointment agreed in writing between you and Reliable for completion of Work;
“Business Day” means any week day, other than a national public holiday or public holiday in Victoria;
“Business Hours” means between 07:00 and 16:00 on a Business Day;
“Charges” means the charges, the amounts of which are specified in the Task Sheet (or, to the extent that no such charges are set out in the Task Sheet, the amounts of which will be agreed between the parties acting reasonably from time to time) and payable by you to Reliable under the Contract;
“Conditions” means these General Terms and Conditions (Reliable Plumbing Services);
“Contract” means a contract between Reliable and you for the completion of Work incorporating these Conditions and a Task Sheet, and any amendments to such a contract from time to time;
“Customer” means any organisation or business entity including a charity, government department, educational establishment, company, partnership, limited liability partnership, sole trader, unincorporated association or trust;
“Reliable” means Reliable Plumbing Services Australia Pty Ltd, a company incorporated in Australia with Australian Business Number: 83 164 407 890 and Australian Company Number: 164 407 890, having its registered office at 1/177 Salmon St, Port Melbourne, Victoria 3207;
“Effective Date” means the date when Reliable receives a copy of the Task Sheet relating to the Contract signed by you.
“Electronic Document” means an electronic form of a document satisfying the requirements of the Electronic Transactions (Victoria) Act 2000 (as amended);
“Electronic Signature” means an electronic form of identification satisfying the requirements of the Electronic Transactions (Victoria) Act 2000 (as amended);
“Equipment” means the equipment used by Reliable in the course of providing the Services;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, severe adverse weather conditions, riots, terrorist attacks and wars);
“Gas System” means any installation, system, equipment or appliance or any part thereof that uses gas for a purpose that includes collection, storage, transport, processing, dispensing, combustion or disposal.
“Materials” means the materials (if any) supplied or to be supplied to you by Reliable under the Contract;
“Pre-Existing System” means any Water System or Gas System already installed at the Premises on the Effective Date.
“Premises” means your premises, as specified in the Task Sheet, where the Materials will be delivered and the Services will be provided by Reliable;
“Services” means the plumbing services provided or to be provided by to you Reliable under the Contract and shall include, where specified, the installation of any or all of the Materials;
“Task Sheet” means the document delivered to you by Reliable detailing the Charges and the scope of the Work and other matters relating to the Contract, and signed by you;
“Term” means the term of the Contract;
“Third-Party Costs” means the costs of any goods or services (including equipment rental, subcontract services or charges levied by any Utility Company) required for completion of the Work and procured by Reliable from a third party.
“Utility Company” means any water corporation or gas supplier;
“Water System” means any installation, system, equipment or appliance or any part thereof that uses water for a purpose that includes collection, storage, transport, processing, dispensing, consumption, drainage or disposal.
“Work” means the supply of the Materials and the provision of the Services, details of which are set out in the Task Sheet (or, to the extent that no such details are set out in the Task Sheet, details of which will be agreed between the parties acting reasonably from time to time);
“You, your” means you, the Customer entering into the Contract.
1.2 In these Conditions, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
1.3 The Clause headings do not affect the interpretation of these Conditions.
1.4 In these Conditions:
(a) “persons” include companies, partnerships, limited liability partnerships, unincorporated associations and trusts; and
(b) any reference to “include(s)” or “including” is without limitation; and
(c) any reference to “in writing” or “written” includes any written communication or document delivered personally or sent by pre-paid post, fax or email; and
(d) “document” includes an Electronic Document; and
(e) any reference to “signed” includes reference to and allows the use of an Electronic Signature.
The Contract will come into force on the Effective Date and will continue in force until:
(a) the Work has been completed; and
(b) all Charges have been paid,
upon which it will terminate automatically (unless previously terminated in accordance with Clause 12.
3.1 Reliable will carry out the Work during Business Hours on or after the Effective Date.
3.2 Reliable may estimate the amount of time it will take to complete the Work, but you acknowledge that any such estimate may be inaccurate, and Reliable shall not be bound by any such estimate.
3.3 Subject to Clause 3.4, where you wish to reschedule a Booking, you must send a written request to Reliable, which must be received by Reliable at least 10 Business Days before the date of the Booking. In these circumstances, the parties will use all reasonable endeavours agree an alternative Booking.
3.4 Where a Booking does not take place because you are in breach of your obligations under the Contract, Reliable may in its sole discretion refuse to agree an alternative Booking, in which case, you will be liable for the anticipated Charges of the Booking (including any Third-Party Costs or Materials actually purchased by Reliable for the Booking), such amount to be calculated by Reliable acting reasonably.
3.5 Reliable may suspend the Work if you fail to pay by the due date any Charges due to Reliable in respect of the Contract.
3.6 Reliable may sub-contract the Work; providing that if Reliable does sub-contract the Work, Reliable will remain liable to you for the performance of the sub-contracted obligations.
3.7 Upon the completion of the Work, Reliable shall be responsible for removing and properly disposing of any waste materials and debris produced in the course of the Work.
3.8 Unless expressly agreed otherwise in writing Reliable shall not be responsible for any joinery, re-plastering, resurfacing or redecoration required following completion of the Work.
3.9 You acknowledge that carrying out the Work may require or lead to the testing of your Pre-Existing Systems, and that testing may result in the identification of faults. You further acknowledge that the costs for repair of such faults are not (unless expressly agreed otherwise by Reliable in writing) included in any agreed Charges or previously given estimates.
3.10 Unless agreed otherwise in writing:
(a) all Materials will be delivered to the Premises by Reliable or its nominated third party;
(b) Reliable will be responsible for arranging loading, carriage, transport, delivery and unloading of the Materials;
(c) risk in the Materials including all risks associated with unloading will pass from Reliable to you upon the delivery of the Materials to the Premises.
4.1 Legal and equitable title to the Materials will pass from Reliable to you upon the later of:
(a) installation of the Materials; and
(b) receipt by Reliable of payment of all Charges due under the Contract.
4.2 While Reliable retains title to the Materials, you will hold the Materials as bailee of Reliable and you will:
(a) not remove the Materials from the Premises;
(b) not deface, destroy, alter or obscure any identifying mark on the Materials;
(c) ensure that no charge, lien or other encumbrance is created over the Materials; and
(d) deliver up the Materials to Reliable upon demand.
4.3 If you fail to pay by the due date any Charges due under the Contract:
(a) Reliable shall be entitled without further notice to inspect or recover possession of any Materials to which it retains title; and
(b) you grant to Reliable and its employees and agents an irrevocable licence to enter at any time the Premises or any premises where the Materials are or may be situated without liability for trespass or any resulting damage for the purpose of inspecting or removing any Materials the title in which remains with Reliable.
5. Supplier Equipment
5.1 During the course of the Work Reliable may with your agreement (which shall not be unreasonably withheld) store Equipment at the Premises.
5.2 You must not use, move or otherwise interfere with Equipment stored at the Premises, save in accordance with the express instructions of Reliable.
6.1 You will:
(a) provide to Reliable prompt access to the Premises as required for carrying out the Work, and ensure that Reliable will be able to access all areas at the Premises reasonably necessary for carrying out the Work;
(b) ensure that no other tradesmen will be working at the Premises while the Work is being carried out, except with Reliable’s written consent;
(c) ensure that prior to the commencement of the Work the areas of the Premises where the Work will be carried out are suitably cleared of all furnishings, appliances, equipment, items and debris that:
(i) prevent or inhibit or may prevent or inhibit Reliable from carrying out the Work; or
(ii) may be damaged during the course of the Work (whether as a result of dust, fumes or otherwise).
(d) maintain the Premises in good order for the supply of the Services, and in accordance with all applicable laws;
(e) be responsible for ensuring the health and safety of Reliable’s personnel, agents and subcontractors whilst they are at the Premises; and
(f) inform Reliable of all health and safety rules and regulations and any reasonable security requirements that apply at the Premises; and
(g) maintain reasonable insurance cover for Reliable’s personnel, agents and subcontractors whilst they are working at the Premises (including public liability insurance).
6.2 When carrying out the Work at the Premises, Reliable shall comply with all reasonable health, safety and security policies and regulations advised to Reliable by you.
6.3 Reliable will use reasonable measures to secure any keys (or other access mechanisms) provided by you to Reliable for the purpose of enabling Reliable’s personnel to enter the Premises.
7. Customer obligations
7.1 You must provide to Reliable access to toilets, a water supply, a mains electricity supply and a waste water facility at the Premises.
7.2 You will provide to, or procure for, Reliable any:
(a) support and advice;
(b) information and documentation; and
(c) third party co-operation
reasonably necessary to enable Reliable to discharge its obligations under the Contract.
7.3 Unless agreed otherwise in writing you shall be responsible for giving any and all prior notifications, and obtaining any and all legal and governmental consents and permits, required by law in relation to the Services.
7.4 You will indemnify Reliable and will keep Reliable indemnified against any and all losses, costs, expenses, damages and liabilities (including legal expenses and amounts paid in settlement of legal claims or proceedings) arising directly or indirectly out of any breach by you of Clause 5, 6 or 7.
8. Estimates, Charges and Payment
8.1 You will pay the Charges to Reliable in accordance with the provisions of this Clause 8. Time for payment of all Charges is of the essence of the Contract.
8.2 Before the commencement of the Work, Reliable may provide to you a written estimate of charges. You acknowledge that such an estimate may not reflect the Charges specified in the Task Sheet and due under the Contract.
8.3 Any Charges specified as a deposit will be invoiced by Reliable and must be paid before the Work commences. Any deposit once paid is non-refundable. Reliable may issue an invoice for other Charges to you from time to time during the Term and at any time after the Work has been completed. Unless agreed otherwise by Reliable in writing, you will pay invoiced Charges to Reliable within 7 days of the date of issue of the invoice.
8.4 The amounts of all Charges specified in the Task Sheet or elsewhere in relation to the Contract are inclusive of GST.
8.5 Charges must be paid in cash or by debit or credit card, bank transfer or cheque (using such payment details as are notified by Reliable to you from time to time).
8.6 If you do not pay any amount properly due to Reliable under the Contract, Reliable may charge you interest on the overdue amount at the rate prevailing pursuant to the Penalty Interest Rates Act 1983 for the period from the due date until the date of payment in full.
8.10 For the avoidance of doubt, unless agreed otherwise by the parties in writing the Charges do not include any charges that relate to the Work levied by any Utility Company. Such charges will be payable by you in addition to the Charges.
9.1 You warrant and represent to Reliable that you have the legal right and authority to enter into and perform your obligations required by the Contract.
9.2 Reliable warrants to you that:
(a) it has the legal right and authority to enter into and perform its obligations required by the Contract;
(b) the Work will be carried with reasonable care and skill;
(c) subject to your compliance with Clause 7.3, the Work will be carried out in accordance with all applicable laws and regulations in force at the date of the supply of the relevant Services, and Reliable and Reliable’s personnel hold all necessary certifications and accreditations to enable them legally to carry out the Work.
9.3 Reliable warrants that:
(a) it has (or will have at the relevant time) the right to sell the Materials to you;
(b) subject to the provisions of Clause 4, the Materials will be sold free from any charge or encumbrance;
(c) you shall enjoy quiet possession of the Materials, subject to Reliable’s rights under Clause 4;
(d) the Materials will:
(i) be of satisfactory quality;
(ii) be fit for the purpose of replacing any materials that they are used to replace;
(iii) comply with all laws, rules and regulations applicable to the Materials in the State of Victoria; and
(iv) bear all mandatory marks and signs associated with the laws, rules and regulations referred to in Clause 9.3(d)(iii).
9.4 All of the parties’ warranties and representations in respect of the subject matter of the Contract are expressly set out in these Conditions and in the Task Sheet. To the maximum extent permitted by applicable law and subject to Clause 10.1, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract or any other contract.
10. Limitations and exclusions of liability
10.1 Nothing in the Contract will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in the Contract:
(a) are subject to Clause 10.1; and
(b) govern all liabilities arising under the Contract or in relation to the subject matter of the Contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
10.3 Reliable will not be liable to you for any losses arising out of a Force Majeure Event.
10.4 Reliable will not be liable to you in respect of any special, indirect or consequential loss or damage including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 Reliable’s aggregate liability to you will not exceed the total amount paid and payable by you to Reliable under the Contract.
10.6 Save to the extent that Reliable’s negligence has resulted in the loss or damage, Reliable will not be liable to you in respect of any loss or damage arising out of a fault in a Pre-Existing System, notwithstanding that such fault may only become manifest during or following the completion of the Work.
10.7 Other than as expressly provided under the Contract any material presented to you by Reliable via its website or otherwise including estimates of costs, savings or returns is provided as illustration only and is not intended to constitute a definitive statement nor specific advice. You agree that you place no reliance on such material and that you exercised your own judgement before deciding whether or not to enter into the Contract with Reliable.
11. Force Majeure Event
Where a Force Majeure Event gives rise to a failure or delay in Reliable performing its obligations required by the Contract, those obligations will be suspended for the duration of the Force Majeure Event.
12.1 Either party may terminate the Contract at any time by giving 30 days’ written notice to the other party.
12.2 Either party may terminate the Contract immediately by giving written notice to the other party if the other party commits any material breach of any term of the Contract, and:
(a) the breach is not remediable; or
(b) the breach is remediable, but the other party fails to remedy the breach within 30 days of receipt of a written notice requiring it to do so.
12.3 Either party may terminate the Contract immediately by giving written notice to the other party if:
(a) the other party, not being an individual:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent;
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(vi) has an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar appointed over any of its assets;
(vii) is subject to an order made for its winding up, or passes a resolution for its winding up; or
(b) the other party, being an individual, dies or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
12.4 Reliable may terminate the Contract immediately at any time by giving written notice to you if you fail to pay in full and on time any amount due to Reliable whether due under the Contract or otherwise.
13. Effects of termination
13.1 Upon termination of the Contract all the terms of the Contract will cease to have effect, save that the following provisions of these Conditions will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 4, 7.4, 8, 10, 13 and 15. In addition, Clause 5 will survive and continue to have effect for so long as Equipment remains in your possession or under your control.
13.2 Termination of the Contract will not affect either party’s accrued liabilities and rights (including accrued rights to be paid) as at the date of termination.
13.3 Within 14 days of the termination of the Contract, you will make available for collection by Reliable all Equipment in your possession or under your control at the date of termination.
14.1 Any notice given under these Conditions must be in writing (whether or not described as “written notice” in these Conditions) and must be delivered personally, sent by pre-paid post, or sent by fax or email, for the attention of the relevant person, and to the relevant address or email address given below (or as notified by one party to the other in accordance with this Clause).
Mr Chris Malcolmson, Reliable Plumbing Services Australia Pty Ltd, 1/177 Salmon St, Port Melbourne, Victoria 3207; email: email@example.com
The addressee, address, fax and email address given in the Task Sheet
14.2 A notice will be deemed to have been received at the relevant time set out below (or where such time is not within Business Hours, when Business Hours next begin after the relevant time set out below):
(a) where the notice is delivered personally, at the time of delivery;
(b) where the notice is sent by post, 48 hours after posting; and
(c) where the notice is sent by fax or email, at the time of the transmission (providing the sending party retains written evidence of the transmission).
15.1 No breach of any term of the Contract will be waived except with the express written consent of the party not in breach.
15.2 If a term of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other terms of the Contract will continue in effect. If any unlawful and/or unenforceable term would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the term will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant term will be deemed to be deleted).
15.3 No Contract will constitute a partnership, agency relationship or contract of employment between the parties.
15.4 No term of the Contract may be varied except by a written document signed by or on behalf of each of the parties.
15.5 Save as expressly provided in the terms of the Contract, neither party may assign, transfer, charge, license or otherwise dispose of or deal in any of its rights and obligations under the Contract without the express written consent of the other party.
15.6 Subject to Clause 10.1:
(a) these Conditions and the Task Sheet will constitute the entire agreement between the parties in relation to the Contract, and supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter; and
(b) neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into the Contract.
15.7 The Contract will be governed by and construed in accordance with the laws of Australia; and the courts of Australia will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.
End of document
General Terms and Conditions (Reliable Plumbing Services Australia Pty Ltd)