Terms & conditions of trade
1. 1. Definitions
1.1 “Fluenta Plumbing” means Fluenta Plumbing Pty Ltd, its agents, representatives, employees, or any person acting on behalf of, and with the authority of, Fluenta Plumbing Pty Ltd.
1.2 “Client” means the person/s ordering the Works as specified in any quotations, invoices, documents or orders, and if there is more than one Client there is a reference to each Client jointly and individually.
1.3 “Works” means all Work or Materials provided by Fluenta Plumbing to the Client at the Client’s request from time to time. The Works to be undertaken and/or Materials will be as described on any quotations, invoices and/or any other documents which are provided by Fluenta Plumbing in writing to the Client.
1.4 “Price” means the Price owed for the Works as agreed between Fluenta Plumbing and the Client in accordance with clause 4 below.
1.5 “Site” means the address designated by the Client at which the Works are to be undertaken by Fluenta Plumbing.
2. Acceptance
2.1 The Client is taken to have accepted and is immediately bound, jointly and individually, by these terms and conditions if the Client places an order for, or accepts, provision of any Works.
2.2 These terms and conditions may only be amended with Fluenta Plumbing by consent in writing and shall take precedent over any other document or agreement between the Client and Fluenta Plumbing.
2.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Default and Consequences of Default
3.1 Any invoice that is not paid within the required time frame will accrue interest daily from the date the payment becomes due, until the date payment is made, at a rate of two and a half percent (2.5%) per calendar month.
3.2 In the event the Client defaults on any payment by the due date, the Client will indemnify and pay Fluenta Plumbing for all costs and expenses incurred by Fluenta Plumbing in recovering the overdue debt. These include but are not limited to contract default fees, internal administrations fees and charges, legal costs, court costs and bank dishonour fees.
3.3 The Client will indemnify and pay for any costs or damages suffered by Fluenta Plumbing as a result of any contravention of this agreement, illegal, negligent or fraudulent actions, including any reversal of payments.
4. Privacy Act 1988
4.1 The Client allows Fluenta Plumbing to obtain information from a credit reporting body (CRB) containing personal credit information (e.g., name, address, D.O.B, occupation, previous credit applications, credit history) regarding the Client in relation to credit provided by Fluenta Plumbing.
4.2 The Client allows Fluenta Plumbing to exchange information about the Client with those credit providers and with related body corporates for the following purposes:
a) To asses an application by the Client; and/or
b) To notify other credit providers of a default by the Client; and/or
c) To exchange information with other credit providers regarding the status of this credit account, where the Client is in default with other credit providers; and/or
d) To assess the credibility of the Client including the Client’s repayment history for the prior two years.
4.3 The Client consents to Fluenta Plumbing being given a consumer credit report to obtain overdue payment on commercial credit.
4.4 The Client approves that personal credit information provided may be used and retained by Fluenta Plumbing for the following purposes (and for other agreed purposes or required by):
a) The provision of Works and or Materials; and or
b) Analysing, confirming and or checking the Client’s credit, payment and or status in relation to the provision of Works and or Materials; and or
c) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
d) Enabling the collection of amounts outstanding in relation to the Works and/or Materials.
4.5 Fluenta Plumbing may provide information regarding the Client to a Credit Reporting Body for the following purposes:
a) To obtain a consumer credit report;
b) Allowing Credit Reporting Body to generate or maintain a credit information file about the Client including credit history.
4.6 The information provided to the Credit Reporting Body may include:
A. Personal information as outlined in 4.1 above;
B. Name of the credit provider and proof that Fluenta Plumbing is a current credit provider to the Client;
C. Whether the credit provider is a licensee;
D. Type of consumer credits;
E. Aspects regarding the Client’s request for credit or commercial credit (e.g., date of commencement/termination of the credit account and the amount requested);
F. Advice of Client’s credit defaults, overdue accounts, loan repayments or outstanding monies will be provided as a written notice for overdue advice where the Client is beyond the sixty (60) days period and request of payment has been made and debt recovery has commenced or alternatively that the Client no longer has any overdue accounts and Fluenta Plumbing has been paid or otherwise settled and all elements surrounding that discharge (e.g., dates of payments);
G. Information that, in the opinion of Fluenta Plumbing, the Client has committed a serious credit breach;
H. Advice notice to Client that the overdue amount is equal to or more than one hundred and fifty dollars ($150).
4.7 The Client has the right to request (via email) from Fluenta Plumbing:
A. Copy of the information regarding the Client retained by Fluenta Plumbing and the right to request that Fluenta Plumbing correct any incorrect information; and
B. That Fluenta Plumbing does not disclose any personal information for marketing purposes about the Client.
4.8 Upon request Fluenta Plumbing will destroy all personal information (by email) unless no longer required otherwise as required to fulfil the obligations of this agreement or to be maintained and/or collected in accordance with the law.
4.9 The Client can make a privacy complaint by contacting Fluenta Plumbing via email. Fluenta Plumbing will take action and respond to that complaint within seven (7) days of receipt and will ensure all reasonable steps have been made to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In an event where the Client is not satisfied with the resolution provided by Fluenta Plumbing, the Client can proceed by making a complaint to the Information Commissioner at www.oaic.gov.au.
5. Change in Control
5.1 The Client shall notify Fluenta Plumbing not less than fourteen (14) days prior written notice of any projected change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Fluenta Plumbing as a result of the Client’s failure to comply with this clause.
6. Price and Payment
6.1 The Price will be either:
A. Indicated on invoices provided by Fluenta Plumbing to the Client in respect of any Works and/or Materials provided; or
B. Fluenta Plumbing quoted Price (subject to clause 6.2) which shall be binding upon the Fluenta Plumbing, provided that the Client shall accept in writing the quotation within thirty (30) days.:
I) Charges in relation with the Works which are levied by distribution network supply providers or other legal providers, and any third- party services required for the Works (as specified in Fluenta Plumbing’s quotation), shall not be included in the Price and treated as a variation under clause 6.2
II) Fluenta Plumbing’s responsibilities in respect to commissioning the Works shall be limited to supporting conformance testing of the Works with any arrangement/s supplied by the Client.
6.2 Fluenta Plumbing reserves the right to change the Price:
A. If a variation to the Materials which are to be supplied is requested; or
B. If a variation to the Works originally scheduled (including any applicable plans or specifications) is requested. This includes any additional costs incurred by Fluenta Plumbing where the Client requests the acceleration of the current work timetable (as per clause 7.3); or
C. where additional Works are necessary due to the finding of hidden or unidentifiable complications (in accordance with clause 7.2 below, but not limited to, obscured Site defects, the location of underground services on the Site, existing wiring or equipment faults
or where
D. such does not comply with existing electrical standards, hard rock barriers underneath the surface, iron reinforcing rods in concrete, or hidden pipes and cabling/wiring, etc.) which are only exposed on commencement of the Works; or
E. Resulting in an increase in Fluenta Plumbing’s expenditures due to variations in statutory, government, or local body charges, taxes, levies, etc. with respect to the Works, fluctuations in currency exchange rates or due to relevant industry awards (e.g., site allowance and severance pay),
F. which are outside of Fluenta Plumbing’s control.
6.3 Variations will be provided in detailed writing and charged for on the basis of Fluenta Plumbing’s quotation, and will be shown as variations on the invoice. The Client will be required to respond to any variations submitted by Fluenta Plumbing within seven (7) working days. Failure to do so will authorise Fluenta Plumbing to add the fee of the variation to the Price. Payment for all variations must be made in full at their time of completion.
6.4 A non-refundable deposit may be required to be paid prior to the Works commencing.
6.5 Time for the payment for the Works being the essence, the Price will be payable by the Client on the date/s determined by Fluenta Plumbing, which may be:
A. At the completion of the Works;
B. Progress payments in agreement with Fluenta Plumbing specified progress payments schedule. Progress payment claims may include the reasonable worth of authorised variations and the value of any Materials delivered to the Site but not yet installed; or
C. Date outlined on any invoice or other arrangement as being the date for payment; or
D. Failing notice to the contrary, the date which is seven (7) days following the date of any invoice provided to the Client by Fluenta Plumbing.
6.6 Payments may be made via cash, electronic transfers, online banking, credit cards (includes a surcharge of up to five percent (5%) of the Price), or other methods as agreed to between the Client and Fluenta Plumbing.
6.7 Unless specified otherwise by Fluenta Plumbing the Price does not include GST. In addition to the Price the Client must pay an amount equal to any GST Fluenta Plumbing must pay for. This includes any provision of Works and/or Materials by Fluenta Plumbing under this contract, or any other agreement. The Client will be required to pay GST, without any further deductions and/or set off any other amount. Additionally, the Client is entitled to pay for any other taxes and duties that may be applicable as an addition to the Price, excluding when it is already included in the Price.
7. Provision of the Works
7.1 It is Fluenta Plumbing’s responsibility to ensure the Works starts as soon as it is reasonably possible, subject to clause 7.2.
7.2 The commencement date of the Works will be delayed and/or the completion date will be extended by a time that is suitable in the event that Fluenta Plumbing claims an extension of time by providing written notice where completion is delayed by an event beyond Fluenta Plumbing’s control. Including, but not limited to, any failure by the Client to:
A. Make a selection; or
B. Have the Site ready for the Works; or
C. Notify Fluenta Plumbing that the Site is ready.
7.3 In the event that Fluenta Plumbing is required to complete the Works urgently, requiring Fluenta Plumbing’s employees to work outside of their business hours (this includes, not limited to, lunch breaks, weekends and public holidays), Fluenta Plumbing will then reserve the right to charge the Client additional fees and charges as per clause 6.2B where penalty fees will apply for labour costs, unless otherwise agreed to between Fluenta Plumbing and the Client.
7.4 Fluenta Plumbing may provide payment plans such as separate instalments for invoices paid in accordance with the provisions of these terms and conditions of trade.
7.5 Time specified for the provision of Works by Fluenta Plumbing are an estimate only. Fluenta Plumbing will not be liable for loss or damage encountered by the Client as a result of any delay. Nonetheless, Fluenta Plumbing and the Client must attempt to make every effort for the Works to be provided as at the arranged time and place. In an event where Fluenta Plumbing is unable to provide the Works as agreed to, due to an action or delay of the Client, then Fluenta Plumbing will be permitted to charging a reasonable fee for re-providing the Works at a later date and time. An additional fee will also be added for redelivery and/or storage of any Materials.
7.6 When stages of the Works are completed, they will be handed over to the Client and/ or Client’s representative on Site. The completed sections will then be considered as practically completed and will be at the Client’s risk. If the Client requests that the Works provided by Fluenta Plumbing be suspended or postponed, the Works will be handed over to the Client as mentioned in clause 7.6.
8. Risk
8.1 If Fluenta Plumbing holds ownership of the Materials under clause 11 then:
a) At an event where Fluenta Plumbing supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on, or before, delivery. Fluenta Plumbing is entitled to receive all insurance proceeds, prior to ownership passing to the Client for the Materials that are damaged and/ or destroyed following the delivery. These terms and conditions are produced by Fluenta Plumbing as evidence of Fluenta Plumbing’s rights to obtain insurance proceeds without the requirement for any person dealing with Fluenta Plumbing to make additional enquiries. If Materials are requested to be left at an unattended location, the risk will purely be the Clients. Delivery of the Materials are to be taken place immediately at the time requested by Fluenta Plumbing and/ or nominated carrier to Site, even when the Client is not present. Fluenta Plumbing’ sole discretion of any delivery costs will be either included in, or in addition to, the Price; or
b) Worker’s Compensation and Public Liability insurance will be maintained where Fluent Plumbing is required to supply and install Materials. It is the Client’s responsibility to make sure they are insured.
8.2 If Fluenta Plumbing requires Materials, fittings and other tools and appliances needed for the Works to be left on Site, the Client shall provide a safe storage area and take all efforts to protect these items from destruction, theft or damage as outlined in provisions of clause 6.1. In an event where these stored items are damaged, stolen or destroyed, the cost of the repairs or replacements will be at the Client’s responsibility.
8.3 In the event where asbestos products or other hazardous materials are found on Site, the Client must acknowledge that, under no circumstances will Fluenta Plumbing be removing these products;
a) Fluenta plumbing will suspend all Works; and
b) The Client will be entirely accountable for the resolution of any consequential problems; and
c) All additional costs incurred by Fluenta Plumbing will be added to the Price under clause 6.2.
8.4 Nonetheless if Fluenta Plumbing provides informed advices and recommendations to the Client and/or the Client’s representative, regarding the suitability of the Site for the Works and these advices are not proceeded with then Fluenta Plumbing will require the Client to authorise the commencement of the Works in writing. Fluenta Plumbing will therefore not be liable for damages or losses that have occurred after the commencement of the Works.
8.5 Fluenta Plumbing will not be held accountable for any defects in the Works, as outlined in clause 14 as a result of damage caused by the Client or any third party to the Client, to the Works (including, but not limited to, faulty materials, workmanship, structural loads, vandalism, maltreatment or damage caused by other trades on Site).
8.6 Where the Client provides items for Fluenta Plumbing to complete the Works, the Client must acknowledge that it agrees to all responsibilities for the quality, suitability for Works purpose and faults that may be found in those items. Fluenta Plumbing will not be held accountable for any defects, loss or damages in these items and to the Works where supplies from the Client were used.
8.6 The Client acknowledges that Fluenta Plumbing will only be responsible for parts that are replaced, in an event where parts, fittings and components fail and the Client agrees.
9. Defects/Returns
1. The Client shall inspect the Materials on delivery and shall within (7) seven days of delivery notify the Fluenta Plumbing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Fluenta Plumbing an opportunity to inspect the Materials within a reasonable time following delivery if the Client believes the Materials are defective in any way. If the Client shall fail to comply with these provisions, the Materials shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
2. For defective Materials, which Fluenta Plumbing has agreed in writing that the Client is entitled to reject, Fluent Plumbing’s liability is limited to either (at Fluenta Plumbing’s discretion) replacing the Materials or repairing the Materials provided that: -
i. The Client has complied with the provisions of clause 9.1;
ii. Fluenta Plumbing will not be liable for Materials which have not been stored or used in a proper manner;
iii. The Materials are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonable possible in the circumstances.
10. Warranty
10.1. Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on exact location & works as carried out by Fluenta Plumbing. The Client must provide original invoice for proof of works. All materials and associated fittings, as well as any specified items installed by the, must be serviced annually by Fluenta Plumbing. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
10.2. The Client shall inspect the Materials & works on completion & must report any defects to parts or installation works within 48 hours in writing to Fluenta Plumbing of any defects, shortage in quantity or damage. The client shall afford Fluenta Plumbing an opportunity to inspect the defect within seven working days from date of written notification & give Fluenta Plumbing the opportunity to rectify within 14 working days.
10.3. For Materials not manufactured by Fluenta Plumbing, the warranty shall be the current warranty provided by the manufacturer of the Materials. Fluenta Plumbing shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.
10.4. Fluenta Plumbing takes no responsibility for materials supplied by the client.