TERMS & CONDITIONS

By instructing BT Plumbing Pty Ltd (“BT Plumbing”) to supply the Goods or Services, the Client acknowledges that they have read and agree to be bound by the terms of this agreement.

1.  Definitions

• BT Plumbing refers to BT Plumbing Pty Ltd (ACN: 645 848 933) and its successors and assigns.
• Client means the person or entity named on the front of the invoice or their authorized representative.
• Goods means the goods supplied by BT Plumbing to the Client under this agreement.
• Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world, including, but not limited to, copyright, trademarks (registered or unregistered), designs, patents, confidential information, know-how, and trade secrets, whether now existing or not, and includes applications for and any rights to apply for registration of such rights, as well as all renewals and extensions.
• Order means an order placed by the Client with BT Plumbing for the supply of Goods and/or Services, regardless of whether BT Plumbing has issued a quotation for these Goods and/or Services.
• PPSA refers to the Personal Property Securities Act 2011 (Cth).
• Price means the price of Goods and Services as stated in BT Plumbing’s tax invoice, including Goods and Services Tax (GST), postage, handling, freight, and any other charges affecting the cost of the Goods or Services.
• Services means the services provided by BT Plumbing to the Client under this agreement.

 

2.  Quotation and Orders

• Unless previously withdrawn, a quotation issued by BT Plumbing is valid for acceptance for 30 days. BT Plumbing reserves the right to refuse any Order placed by the Client within 7 days of the Order being placed.
• Any quotation is based on BT Plumbing’s professional estimation of the location of existing drainage, sewer pipes, water or gas lines, and electrical cables. If these assumptions are incorrect or if such elements are inaccessible or unusable in their present state, BT Plumbing reserves the right to amend the quotation.
• Once an Order is accepted by BT Plumbing, the Client cannot cancel it without BT Plumbing’s express consent. If BT Plumbing has already ordered goods from a third party, cancellation will only be possible if BT Plumbing can return the goods to the third party without incurring any loss.
• BT Plumbing may cancel the supply of Goods or Services, or any part thereof, at any time after accepting an Order, and will not be liable for any loss or damage suffered by the Client as a result of such cancellation.
• Any changes or variations to the Goods or Services or any additional work carried out by BT Plumbing will be charged at BT Plumbing’s standard rates and will be reflected as variations in BT Plumbing’s tax invoice.

 

3.  Price and Payment

• The Price is payable in full without any deduction when the Goods or Services are supplied, unless otherwise agreed in writing by BT Plumbing. Timely payment is essential.
• If the supply of Goods or Services is on credit, the Client must have submitted and had approved a credit application by BT Plumbing. Payment must then be made according to the terms of the credit application.
• The Client may be charged interest on any overdue amounts at a rate of 3% per annum above the current cash rate target of the Reserve Bank of Australia, calculated daily from the due date until full payment is made.
• The Client agrees to cover any expenses (including legal costs) incurred by BT Plumbing in collecting any outstanding debts.
• Payment must be made using one of BT Plumbing’s accepted payment If payment is not in cash, it will not be deemed complete until the full Price has been cleared and available for BT Plumbing’s use.

 

4.  Supply of Goods and Services

• Goods and Services will be supplied to the Client’s address as specified in the quotation unless otherwise notified to BT Plumbing.
• The Client must ensure clear and adequate access to the area where Goods are to be delivered and Services supplied. BT Plumbing will not be liable for any loss or damage resulting from inadequate access.
• BT Plumbing may deliver Goods or Services in instalments. If separate invoices are issued for each instalment, the Client must pay each invoice in accordance with these terms and cannot delay payment until all instalments are supplied.
• BT Plumbing will use its best efforts to supply Goods or Services in accordance with the quotation but will not be liable for any delays, including those due to negligence.
• Postponement of the supply of Goods or Services by the Client may incur an additional fee, which will be included in the Price.

 

5.  Title and Risk

• Risk of loss or damage to the Goods passes to the Client upon delivery to the Client’s address or another address notified by the Client.
• Title to the Goods remains with BT Plumbing until payment has been processed or received. If payment is declined, BT Plumbing reserves the right to reclaim the Goods, whether or not they have been delivered or moved from the delivery address. BT Plumbing may keep or sell the Goods.
• This clause creates a purchase money security interest for the purposes of the PPSA. To the extent permitted by the PPSA, the Client agrees to contract out of certain provisions of the PPSA, waives the right to verification statements, and agrees to keep information confidential as per sections 275(1) and 275(6) of the PPSA.

 

6.  Damaged or Defective Goods

• The Client must inspect the Goods within 48 hours of delivery. If any Goods are damaged or defective, the Client must immediately notify BT Plumbing in writing, detailing the defect or damage, and comply with BT Plumbing’s reasonable instructions regarding the Goods.
• This clause does not limit any guarantees implied by law.
• BT Plumbing is not liable for damage occurring after delivery or arising from the Client’s handling, storage, or negligence regarding the Goods.

 

7.  Warranty and Limitation of Liability

• For Goods covered by a manufacturer’s warranty, the Client agrees to comply with the warranty terms in the event of a defect.
• All work completed by BT Plumbing, is specifically covered under our 6-year workmanship warranty in accordance with the Victorian Building Authority regulations. This guarantee does not extend to any pre-existing issues or problems resulting from inadequate maintenance.
• To the extent permitted by law, all other terms, guarantees, warranties, representations, or conditions not expressly stated in this agreement are If BT Plumbing is liable for a breach, its liability is limited to: (a) Replacing the Goods or supplying equivalent goods or Services again; (b) Repairing the Goods; (c) Paying the cost of replacing the Goods or acquiring equivalent goods; or (d) Paying the cost of repairing the Goods or supplying the Services again.
• To the extent permitted by law, BT Plumbing will not be liable for any special, indirect, or consequential loss or damage, including loss of profit, opportunity, or data, arising from or in connection with the Goods or Services.

 

8.  Indemnity

• The Client indemnifies BT Plumbing and its directors, agents, and employees against all actions, claims, losses, liabilities, costs, or expenses (including reasonable legal costs) arising from damage to the premises, work site, or any property of BT Plumbing left at the Client’s premises, injury to any person at the premises, or a breach of this agreement by the Client.

 

9.  Intellectual Property Rights

• BT Plumbing owns or is the exclusive licensee of all Intellectual Property Rights in any drawings, specifications, diagrams, or other materials created by BT Plumbing for the purpose of supplying Goods or Services.
• The Client warrants that any drawings, specifications, diagrams, or other materials supplied to BT Plumbing will not infringe any third-party Intellectual Property Rights.

 

10.  Site Issues

• Blocked Drains: The Client acknowledges that plant root growth and blockages often indicate damaged pipes that cannot be fully repaired merely by removing the blockage. If the Client does not instruct BT Plumbing to repair or replace damaged pipes or drains, BT Plumbing does not warrant that similar problems will not recur. The Client agrees to pay for the removal of any BT Plumbing equipment lodged or damaged in their pipes or drains, including any necessary excavation and restoration work.
• Rock and Filled Ground: Unless otherwise agreed, the supply of Services does not include the excavation, relocation, repair, or removal of rocks, surfaces, or other obstructions necessary for BT Plumbing to supply the Goods or Services.
• Restoration: BT Plumbing will take care to minimize disturbance or damage to surrounding areas. Any repair or restoration required after the supply of Goods or Services is not included in BT Plumbing’s quotation and must be carried out at the Client’s expense.
• Roof Leak Repairs: The work completed by BT Plumbing, as detailed in our scope of works, is specifically covered under our 6-year guarantee. This guarantee does not extend to the entire existing roof area or problems that may occur due to insufficient maintenance. A recommendation &/or quotation provided for a roof leak repair is based on the assessment conducted on the day of inspection. If the leak persists, it may indicate the need for additional work, which would be subject to a separate evaluation and variation or quote.
• Pipe Leak Repairs: The work completed by BT Plumbing, as detailed in our scope of works, is covered under our 6-year guarantee. This guarantee does not extend to any pre-existing issues or problems resulting from inadequate maintenance. A recommendation &/or quotation provided for a pipe leak repair is based on the assessment conducted on the day of If additional leaks are discovered after the initial repair, further work may be required and will be subject to a separate evaluation and variation or quote.

 

11.  Description of Work

• BT Plumbing’s quotation is based on a visual inspection of the Client’s premises, but the actual extent or nature of the Goods or Services may not be fully apparent until work BT Plumbing reserves the right to amend the quotation once work commences.
• If BT Plumbing needs to vary the quotation, it will notify the Client immediately of the additional Goods or Services required and the revised Price. The Client must notify BT Plumbing within 7 days if they do not wish to proceed with the revised quotation but will remain liable for payment for all Goods and Services supplied up to that point.

 

12.  Termination

• Either party may terminate this agreement immediately by notifying the other party if: (a) The other party breaches a material term of the agreement and fails to remedy it within 10 business days of notice; (b) The other party breaches a material term that cannot be remedied; or (c) The other party is unable to pay its debts, enters into negotiations for rescheduling its debts, or takes steps for winding up or appointing a receiver, administrator, or official manager over its assets.
• If the Client terminates the agreement for any reason, they must immediately pay BT Plumbing for all Goods or Services already ordered or supplied and ensure their premises are secured and safe pending completion of work by a third party.

 

13.  Insurance

• BT Plumbing will maintain all insurance deemed appropriate concerning the supply of Goods and Services.

 

14.  General Provisions

• Notices under this agreement must be in writing and sent to the address specified at the beginning of this agreement or another address notified from time to time.
• If performance of this agreement is prevented, restricted, or interfered with by an act of God, fire, flood, subsidence, power or gas shortage, inability to obtain approvals or permits, or any industrial dispute or other cause beyond the affected party’s control, the affected party is excused from performance to the extent of such prevention, restriction, or interference.
• This agreement constitutes the entire agreement between the parties and can only be amended, supplemented, or waived in writing signed by both Failure to enforce or delay in enforcing any rights does not constitute a continuing waiver or modification of this agreement.
• This agreement is governed by the laws of Victoria, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
• If any clause or part of a clause is illegal, unenforceable, or invalid, that clause or part is deemed removed from this agreement, but the remainder of the agreement will remain unaffected.
• BT Plumbing may license or subcontract its obligations and rights without the Client’s consent.