Terms and Conditions 

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1       Definitions and interpretation

1. In this Agreement, unless the context otherwise requires:

Agreement means this document and any other written document expressed to be supplemental or collateral to this Agreement, including written amendments, schedules, annexures, counterparts or attachments
BCIPA means the Building and Construction Industry Payments Act  2004
Claim means a cost, fee, liability, claim, demand, suit or judgement, contingent or actual liability, or any other liability howsoever described, that would render a party liable to pay money or make a claim under an insurance policy or otherwise incur or assume a liability of any sort whether past, present or future.
Commencement Date is the date that the Services are agreed by the Service Provider to be provided to the Customer.
Customer means the Customer that has either (a) requested a Services from the Service Provider or (b) has received a Quote from the Service Provider, and has accepted the Quote and the Service Provider has agreed to perform the Included Services and includes all related entities.
Excluded Services means any goods, services, costs or expenses that are not specifically included in the Quote.
Fees means the amount of money that is due and payable for the Services calculated under this Agreement. The Service Provider charges between $80 - $110 per hour ex GST for labour, travel time to and from a job, and all costs, parts, disbursements or expenses at cost plus a margin of 10% to 200% on a sliding scale.  As a general guide, as the item is more expensive, the margin decreases.  For a full breakdown, the rates are available at the office of the Supplier or upon written request.
Included Services means the Services specified in the Reference Schedule as Included Services and includes the items in Schedule 1 which identify that there is an obligation on a party to do a thing.
Latent Defect means a condition or defect which may affect the amount of labour or materials required to complete the Included Services or otherwise makes it impracticable or inexpedient for the Service Provider to continue work under this Agreement without repairing or replacing any part of the said location for the Services.
Payment Claim means a payment claim as defined under the   BCIPA.
Payment Schedule  means a payment schedule as defined under the  BCIPA.
Quote means a written Quote given by the Service Provide that is not more than 21 days prior to this Agreement being formed in accordance with the terms of this Agreement. 
Services means the provision of the Services as specified in the Quote as Included Services but does not include the Excluded Services.
Service Provider means Plumbnorth Pty Ltd ABN 52 603 421 638 .
Site means where the Works are to be carried  out;
Term means period from the Commencement Date to the Completion of the Services, or earlier date in accordance with this Agreement. 
Variation  means to vary the Works by:

1. carrying out additional work;
2. omitting any part of the Works; or
3. changing the scope of the Works.

Works means the work to be carried out under this Agreement as detailed in the Quote including  Variations, or works simply performed other than per a quote, that was authorized by the Customer to be carried out by the Service Provider including as varied, changed or otherwise affected under this Agreement.

1. In this Agreement unless the context otherwise requires:
   1. Any Quote is an invitation to treat only and no Agreement is formed until the Service Provider agrees to perform the Included Services
   2. Any Quote that is more than 21 days old is deemed to expire.
   3. clause and sub clause headings are for reference purposes only;
   4. the singular includes the plural and vice versa;
   5. words denoting any gender include all genders;
   6. reference to a person includes any other entity recognised by law and vice versa;
   7. where a word or phrase is defined its other grammatical forms have a corresponding meaning
   8. any reference to a party to this Agreement includes its successors and permitted assigns;
   9. reference to a monetary amount is to Australian currency and is exclusive of tax;
   10. any reference to any agreement or Agreement includes that agreement or Agreement as amended at any time;
   11. the use of the word includes or including without limitation or prejudice to the generality of any description, definition, term or phrase preceding that word and is not to be taken as limiting the meaning of the words preceding it;
   12. the expression at any time includes reference to past, present and future time and the performance of any action from time to time;
   13. an agreement, representation or warranty on the part of two or more persons binds them jointly and severally and in one or more capacities and to the full extent those capacities are able to be bound by that person;
   14. reference to a party includes that party's personal representatives, successors and permitted assigns;
   15. reference to an item is a reference to an item in the schedule to this Agreement;
   16. reference to an exhibit, annexure, attachment or schedule is a reference to the corresponding exhibit, annexure, attachment  or schedule  in this Agreement;
   17. reference to a provision described, prefaced or qualified by the name, heading or caption of a clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment in this Agreement means a cross reference to that clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment;
   18. when a thing is required to be done or money required to be paid under this Agreement on a day which is not a Customer Day, the thing must be done and the money paid on the immediately preceding Customer Day; and
   19. reference to a statute includes all regulations and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated.

2       Invitation to treat – quote, scope and standard

1. All Quotes are given on the assumption that all connections, installations and previous works have been carried out professionally, are compliant with current regulatory obligations, codes, standards and laws, remain in a workmanlike manner, that there are no Latent Defects, no damage to utility services, and that the Customer is lawfully entitled to enter into this Agreement and authorise the Services.
2. The Service Provider may, at is absolute discretion and without incurring any liability to the Customer whatsoever, revise or withdraw the Quote at any time before the Service Provider agrees to perform the Services.
3. The Customer may accept a Quote or authorise the Works to commence subject to the terms herein by sending to the Service Provider a letter acknowledging and agreeing to the terms of the Quote or signing and returning the tear-off portion of the Quote to the Service Provider, or by simply telling the Service Provider to carry out works whether or not a quote was given.
4. The parties will be deemed to have formed a Agreement upon the communication by the Customer to the Service Provider of either (i) its acceptance of the Quote in writing or (ii) the Customer instructing the Service Provider to do Works and the Service Provider doing works, whether or not a quote was given. The parties agree that the Service Provider is to complete the Works in accordance with the terms of this Agreement.
5. The Services are to be provided at the place, agreed to by the parties from time to time.
6. The Customer must pay for all costs and charges disclosed in the Quote or as varied under this Agreement and any other costs or claims incurred by the Service Provider in carrying out the Services. 
7. The Service Provider must carry out and complete the Works:
   1. using materials that are of good quality and suitable for the purpose for which they are being used, and unless otherwise stated, are new;
   2. in the accordance with accepted trade practice and professional manner;
   3. with all reasonable care, skill and expertise;
   4. complying with all the terms and provisions of this Agreement;
   5. complying fully with the relevant law and all legal requirements;
   6. subject to this Agreement, complying with all reasonable directions and instructions from the Customer.
8. The Service Provider must supply everything necessary to complete the Works, including but not limited to, all tools and materials.
9. The Service Provider may engage SubAgreementors or any third party for the purpose of completing the Included Services provided such person(s) are careful, skilled and experienced in their respective trades or occupations. The Service Provider will be solely responsible for any and all payments to any of its SubAgreementors or third party for that part of the Works performed by it.
10. Where there is a delay, cancellation or variation to the Commencement Date by the Customer, it shall pay to the Service Provider such extra costs as are necessarily incurred by the Service Provider by reason of the delay.
11. The Customer must provide all reasonable access at the requested times, for the Service Provider to perform the Services.  If the Service Provider attends the site and access is not given or is not appropriate for the Services,  the liability for the issue sits with the Customer and the Customer is liable pay to the Service Provider such extra costs as are necessarily incurred by the Service Provider by reason of the delay, interruption to access or other costs or claims incurred as a result.

3       Fees

1. In consideration of the Service Provider providing the Included Services, the Customer must pay to the Service Provider the Fees and any costs or Claim incurred by the Service Provider directly or indirectly relating to the Services.
2. The Service Provider may require payment of an amount of money, prior to the provision of the Services at its sole discretion.  The money to be paid up front is at the discretion of the Service Provider and may be up to 100% of the entire estimated Fees.
3. If there are any Claims incurred or arising in provision of the Services, not at the sole fault of the Service Provider, the Customer releases, indemnifies and agrees to meet all Claims for any actions which are the primary responsibility of the Customer.  The Customer is liable to reimburse the Service Provider for any costs that the Service Provider incurs as a result of a Claim that was caused by the Customer.
4. The Service Provider must make a demand for the provision of the Services which must be a tax invoice.
5. Invoices must particularise the nature and method of calculation of the fee charged for the Services provided by the Service Provider to the Customer during the period to which they relate.
6. If there are any Variations deemed to be included in the Included Services, then the invoice may charge additional fees for the variation.
7. Just because an invoice is issued and does not include a particular Service provided, is not a waiver of the Service Providers entitlement to be paid for the Service.  It may at any time, raise a further invoice for any Services provided.
8. All amounts shown in this Agreement are GST exclusive.

• The Customer will pay the Service Provider the Price by way of progress payments, or final claim as appropriate, not later than 10 days after the invoice is sent to the Customer.
• The Customer agrees to receive the invoice either by having it personally delivered to it, emailed to it, sent by facsimile, by ordinary post or SMS, MMS or other digital messaging service.
• The Customer acknowledges that the following applies if the BCIPA applies to this Agreement:
• That a progress claim of the Service Provider can be endorsed to become a Payment Claim under the BCIPA;
• If the Service Provider withdraws a Payment Claim for the purposes of pursuing a charge under the Subcontractors' Charges Act (if applicable) then the Payment Claim will continue to be a progress claim under this Agreement and be effective from the original date it was submitted to the Customer;
• If a Payment Claim is served on the Customer, then the parties agree that if the Customer is to serve a Payment Schedule on the Service Provider that service of such Payment Schedule is to be effected within ten (10) days of the Payment Claim being served on the Customer.
• If the Service Provider is not paid for any of the Works undisputed by the Customer or deemed valid by the Courts or an adjudicator under the BCIPA on the due date specified in any invoices, progress claims or Payment Claims sent to the Customer pursuant to this Agreement, without prejudice to any other right or remedy, all outstanding monies shall bear interest on daily balances until paid at the Reserve Bank official interest rate plus 10% and such money together with all interest shall be recoverable forthwith from the Customer.
• If the Customer is not a natural person, the natural person who has instructed the Service Provider to perform the Services warrants that the Customer will pay all Fees under this Agreement.  If the Customer does not, the individual who instructed the Service Provider to perform the Services agrees to comply with the terms of this Agreement as if it were the Customer.
• The Service Provider agrees to complete all works authorised in a good and workmanlike manner as soon as is reasonably practicable and whether or not a definite date for completion has been quoted shall not be responsible for any delay in completion or damage occasioned directly or indirectly by weather conditions, labour disputes, accidents, fire, Act of God, Civil Riots, Latent Defects, shortages of material or difficulty of securing labour or any cause beyond the reasonable and practicable control of the Service Provider.
• For any Quote, in addition to other rights under this Agreement, the Service Provider may, if in its sole opinion, a Quote was calculated with an error or otherwise does not reasonably represent the true cost of the Included Services, then the Service Provider may charge up to 50% more than the amount in the Quote for labour.  For any increase in fees as a result of materials, costs etc, those may be charged at cost plus the applicable margin per this agreement.

4       Breach and termination

1. The Customer also agrees that if it breaches this Agreement, then the Service Provider may do any or all of the following, at its sole discretion (and the Customer has no right to make a Claim or seek compensation or otherwise set off):
   1. Terminate this agreement, with or without notice
   2. Claim damages, losses or Claims
   3. Claim liquidated damages and any losses or Claims
   4. Remedy the default and recover the cost or remedying the default with and claim all costs of taking that action as liquidated damages
   5. Affirm the breach and either claim, or not claim damages (whether they be liquidated or otherwise)
   6. Suspend Services until the breach is remedied (and the Customer must continue to pay the Fees despite the suspension of Services)
   7. Amend the Agreement to change the scope, including changing what Services are Included Services and Services are Excluded Services
   8. Register any form of security against any real or personal property of the Customer or a related entity of the Customer, including without limitation, any director, shareholder, beneficiary or person having an interest in or control with respect to, the Customer.  Such a security:
      1. may without limitation include a caveat, mortgage or PPSR security interest
      2. Includes implied terms, which permit the Service Provider to demand payment, and should payment not be made within 21 days, to appoint a receiver and manager over the property and authorise the receiver and manager without further notice, to sell the property.
   9. Enter or re-enter the site where the Services were provided or any materials are that were provided under this Agreement, and use reasonable force to take possession of any goods, including drilling locks out, cutting into walls and removing fixtures and fittings.  Entry is authorised under an irrevocable licence and all implied terms limiting what the Service Provides may do or otherwise regulating what the Service Provider does, are excluded to the extent permissible by law
   10. Disconnect any utility services to the premises where the Services were provided, whether temporarily or permanently
   11. The Customer appoints the Service Provider and any of its authorised officers, jointly and each of them severally, the true and lawful attorney and attorneys of the Customer to do anything in the name of the Customer or the Service Provider which the Customer should do or should have done hereunder and to do all such acts, matters and things as such attorney or attorneys may deem expedient for carrying out, or in connection with the exercise of all or any of the rights or powers herein contained or implied to give effect to this Agreement or for the enforcement thereof and this power of attorney is deemed irrevocable and given by way of security.
   12. The Customer does hereby agree to charge all of their respective personal property wheresoever situated with the amount of monies owed by the Customer to the Service Provider hereunder. As further and better security for the repayment of all money from time to time owing by the Customer to the Service Provider the Customer mortgages and charges to and in favour of the Service Provider all right, title, estate and interest which the Customer now holds or may hold hereafter acquire and hold in any personal property in Australia. The Customer shall, at the request of the Service Provider sign, execute and deliver in favour of the Service Provider a bill of sale, mortgage or charge over the Customer's personal property in registrable form as the Service Provider may require, such document or documents incorporating the usual terms, conditions and covenants to protect the interest of the Service Provider hereunder, within five (5) days of the Service Provider requesting the same of the Customer.
2. The Service Provider may terminate this Agreement, if the Customer:
   1. Becomes bankrupt or insolvent or goes into liquidation;
   2. Is guilty of any act, neglect or default or conduct which has the direct or indirect effect of causing any damage or discredit to the Customer or the Service Provider;
   3. Neglects, omits to do other is otherwise incapacitated from properly discharging it’s duties, obligations or otherwise fails to comply with this Agreement
   4. Is in the opinion of the Service Provider committing a serious or persistent breach of this Agreement;
   5. Refusing or neglecting to comply with any lawful reasonable direction or order given to it by the Service Provider, a government Department or other statutory authority
   6. Is unable or unwilling to perform its duties or to properly comply with the terms of this Agreement due to any other cause for any period or periods whatsoever
   7. Either party without notice, if for any reason the terms of this Agreement become illegal or offend against any statute relating to the conduct of the Customer
3. This Agreement may be terminated at any time by the Service Provider.
4. Termination of the Agreement will not prejudice or affect any rights or remedies of either party against the other with respect to any antecedent breach of the Agreement.

5       Risk and liabilities

1. The Service Provider is under no obligation to inspect any aspect of the Services to ascertain whether or not there are any Latent Defects, whether or not there are likely to be variations or for any other purpose.
2. The Customer indemnities the Service Provider against all Claims, liabilities and the cost of all demands, actions and other proceedings against the Service Provider (on a solicitor and client basis) due to any wrongful act or omission, neglect or breach of any of the terms express or implied of this Agreement on the part of the Customer or any servant, agent or employee of the Customer. The Customer will pay any amount of money due and payable under this indemnity upon demand, and not later than within 7 days of a demand being made for payment.
3. If the Customer fails to comply with an obligation under this Agreement, and the Service Provider incurs legal or other costs as a result of that failure, then the Customer must upon demand, pay to the Service Provider all costs and fees it has occurred within 7 days of a demand being provided to the Customer.
4. Prior to payment of all Fees and Claims, the Customer has no right or claim to any interest in the materials to secure any liquidated or unliquidated debt or obligation the Service Provider owes to the Customer;
   1. the Customer cannot claim any lien over the materials;
   2. the Customer has no right to set off
   3. the Customer will not create any absolute or defeasible interest in the materials in relation to any third party except as may be authorised by the Service Provider;
   4. where the Customer is in actual or constructive possession of the materials:
   5. the Customer will not deliver them or any document of title to the materials to any person except as directed by the Service Provider;  and
   6. it is in possession of the materials as a bailee of those materials and owes the Service Provider the duties and liabilities of a bailee;
   7. the Customer must insure the materials and Services
   8. The Customer must not remove, deface or obliterate any identifying plate, mark or number on any of the materials
   9. The Customer shall not use or incorporate the Service Provider's materials and equipment in any construction or sell, lease or otherwise dispose of same.
5. The Service Provider is not responsible for any Latent Defect and all risk associated with Latent Defects is with the Customer.  If there is any Latent Defect that prevents the Service Provider performing the Included Services, then the Service Provider may do any or all of the following at its sole discretion
   1. Deem the work necessary to remedy the Latent Defect as a Variation under this Agreement, in which case, the parties agree is a properly authorised Variation
   2. Renegotiate a new Agreement
   3. Cease the Services and demand payment for Services performed, in which case the Customer will pay those fees accrued for Services performed
   4. Take any other action that is appropriate in the circumstances.
6. Any materials removed from the Customer's premises in connection with the Services and not re-used on the job shall be the property of the Service Provider unless otherwise agreed.
7. Removal of rubbish from the site is out of scope and costs of this are to be borne by the Customer.
8. For any fixtures, fittings, or materials are supplied by the Customer, reasonable care will be taken but fixtures, fittings and materials so supplied will be stored, handled and installed at the Customer's risk.

6       General provisions

1. Notices must be in writing, signed by the party giving it or by that party's solicitor.  A party may inform the other of an altered address for service, in which case the new address becomes that party's address.
2. The parties must serve notices
   1. by delivery to the recipient personally; or
   2. by pre-paid post to the recipient’s address for service; or
   3. by facsimile or email transmission on a Customer day to the facsimile number or email address nominated by the recipient in its address for service.
3. The rights duties and obligations of the parties are personal and a party must not assign its rights duties or obligations without the prior written consent of the others.
4. Where a party consists of two or more persons:
   1. obligations bind each of them severally and all of them jointly; and
   2. rights benefit each of them severally and all of them jointly.
5. The parties have not in entering this Agreement relied upon any statement, representation, undertaking, warranty or condition made or given by or on behalf of any other party in respect of the subject matter of this Agreement other than those that are expressly contained in this Agreement.
6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
7. The covenants and provisions contained in this Agreement exclusively and completely state the rights of the parties with respect to the subject matter of this Agreement. 
8. This Agreement supersedes all negotiations and prior Agreements, whether written or oral, in respect of the subject matter of this Agreement.
9. If there is conflict or inconsistency between the terms, conditions and provisions of this Agreement and any prior Agreement or arrangement, the terms, conditions and provisions of this Agreement will prevail.
10. No modification, variation, amendment or alteration of this Agreement is valid unless in writing and executed by all parties.
11. This Agreement is made in Queensland and is to be construed with reference to the laws for the time being in force in Queensland.
12. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from those courts.
13. This Agreement is binding on and enures to the benefit of the parties and their administrators, executors, respective successors, heirs and permitted assigns.
14. A party prohibited from doing an act is also prohibited from permitting or suffering the matter act or thing.
15. Time is in all cases and in every respect of the essence of this Agreement.
16. No failure, delay, relaxation or indulgence by a party in exercising a power or right under this Agreement operates as a waiver of the power or right, and no single or partial exercise of a power or right and no single failure to exercise precludes any other or future exercise of the power or right or the exercise of any other power or right.  A waiver is not effective unless it is in writing and expressly contemplates the rights or claims the party is purporting to waive.
17. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
18. The rights and remedies conferred on a party are in addition to those at law and in equity.
19. If it is held by a court of competent jurisdiction that:
    1. a part of this Agreement is void, voidable, illegal or unenforceable; or
    2. this Agreement would be void, voidable, illegal or unenforceable unless a part of it were severed,

that part is:

1. read down to give the maximum effect it could be given, considering the intent of the parties, and
2. if the provision cannot be read down, then it shall be severed from and does not affect the continued operation of the rest of this Agreement unless to sever that part would change its principal commercial purpose.

1. This Agreement and any document required under this Agreement may be executed in any number of counterparts, each of which is taken to be an original.
2. Where a party to this Agreement requires more than one person to sign on behalf of that party, then those persons may execute this Agreement in any number of counterparts, each of which is taken to be an original. 
3. An executed counterpart may be delivered by facsimile or email to the recipient’s address for service.  
4. Each signatory to this Agreement is bound to the full extent of this Agreement even if:
   1. one or more of the parties named as such do not execute this Agreement; and
   2. the execution of this Agreement by one or more of them (other than the person sought to be made liable under this Agreement) is or becomes void or voidable.
5. Each person signing this Agreement as attorney for a party by so doing warrants that as at the time of signature by him he has not received notice of the revocation of the power of attorney appointing him.
6. Each person signing this Agreement as an authorised officer or agent of a party by so doing warrants that as at the time of signature by him or her that they have the full authority to execute on behalf of that party.
7. The parties acknowledge and agree that are acting as independent service providers and not as employees. Both parties acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively an Agreement for service.
8. No term of this Agreement and nothing done under this Agreement operates as a merger of a party's right in or remedy under this Agreement, and all rights and remedies remain valid.
9. It is expressly agreed that the provisions of clauses 4 and 5 of this Agreement shall not merge on Completion but shall continue for the benefit of the parties.
10. The parties must do all necessary for the complete performance of all their respective obligations under this Agreement.
11. Each Party must pay its own costs and outlays connected with the negotiation, preparation, execution and performance of its obligations under this Agreement.