Privacy Act 1988
- The Client and/or the Guarantor/s agree for the Plumber to obtain from a credit-reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Plumber.
- The Client and/or the Guarantor/s agree that the Plumber may exchange information about Client and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
- To assess an application by Client;
- To notify other credit providers of a default by the Client;
- To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and
- To assess the credit worthiness of Client and/or Guarantor/s.
- The Client consents to the Plumber being given a consumer credit report to collect overdue payment on commercial credit (Section 18K (1)(h) Privacy Act 1988).
- The Client agrees that Personal Data provided may be used and retained by the Plumber for the following purposes and for other purposes as shall be agreed between the Client and Plumber or required by law from time to time:
- provision of Services & Goods;
- marketing of Services and/or Goods by the Plumber, its agents or distributors in relation to the Services and Goods;
- analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Services/Goods;
- processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client;
- And enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services and Goods.
- The Plumber may give, information about the Client to a credit reporting agency for the following purposes:
- to obtain a consumer credit report about the Client; and/or
- allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
Unpaid Plumber’s Rights To Dispose Of Goods
- In the event that:
- the Plumber retains or regains possession or control of the Goods; and
- payment of the Price is due to the Plumber; and
- the Plumber has made demand in writing of the Client for payment of the Price in terms of this contract;
- and the Plumber has not received the Price of the Goods, then, whether the property in the Goods has passed to the Client or has remained with the Plumber, the Plumber may dispose of the Goods and may claim from the Client the loss to the Plumber on such disposal.
Building and Construction Industry Security of Payments Act 1999
- At the Plumbers sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.
- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.
Lien & Stoppage in Transit
- 1.Where the Plumber has not received or been tendered the whole of the price, or the payment has been dishonoured, the plumber shall have:
- a lien on the goods;
- the right to retain them for the price while the plumber is in possession of them:
- a right of stopping the goods in transit whether or not delivery has been made or ownership has passed, and
- a right of resale,
- the foregoing right of disposal,
Provided that the lien of the plumber shall continue despite the commencement of proceedings or judgement for the price having been obtained.
- The Client acknowledges being advised that the presence of plant/tree root growth and/or blockages generally indicates damaged pipes. Additionally the Client agrees that blocked drains cannot be fixed by simply removing “plant/tree root growth” or cleaning the drain. Therefore, no warranty is provided in relation to future blockages reoccurring
- The Client acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at the Plumbers sole discretion in an attempt to identify the source of the blocked drain.
- Should CCTV equipment be used the Client acknowledges an additional charge may be imposed.
- Should any Plumber’s equipment become lodged in the customer’s faulty drain it will be removed at the Clients expense or monetary compensation to the total replacement value will become payable to the Plumber within seven (7) days.
Rock And Filled Ground
- Unless specifically included in written quotes and/or estimates, rock excavation, dewatering or supportive work [such as pier and beams for filled or made up ground] will be a variation (subject to clause 4).
Buried or Unseen Services
- 1.The Client will indemnify the Plumber and keep the Plumber indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged. The Plumber will not be liable for any repair work and any repair work required will be paid at the Clients expense. Such liability, loss, claims or proceedings includes but is not limited to:
- Damage to the property, real or personal;
- Death or personal injury; and
- Consequential or economic loss of any kind.
- If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- All Goods supplied by the Plumber are subject to the laws of New South Wales and the Plumber takes no responsibility for changes in the law which affect the Goods supplied.
- The Plumber shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Plumber of these terms and conditions.
- In the event of any breach of this contract by the Plumber the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Plumber exceed the Price of the Goods.
- The Client shall not set off against the Price amounts due from the Plumber.
- The Plumber may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
- The Plumber reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Plumber notifies the Client of such change.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.