TERMS
AND CONDITIONS OF TRADE
Cox plumbing - Terms & Condition of trade
Definitions
The Supplier
(a) “the Supplier” is Cox Plumbing its successors and assigns and any
acting on behalf of and with the authority of the Supplier. “the Customer or
Client” is the person or business entity named on the invoice or any other
documentations provided by the Supplier and any person acting on behalf of the
Customer.
(b) “Goods and Services” means all goods and services supplied by the Supplier
to the Customer.
(c) “Price” means the Price payable for all Goods as agreed between the
Supplier and the Customer.
The Agreement
(a) By engaging the Supplier to provide the Goods and Services to the Customer,
the Customer has read, understands and agrees to these terms and conditions
Price and Payment
(a) The Price is either any invoice provided to the Customer or a quoted price
which will be valid for the period stated in the quotation
(b) The Customer must pay the Supplier the total amount set out in the invoice
within the time stated on the document.
(c) If a deposit is requested by the Supplier the Customer acknowledges the
Supplier is under no obligation to start and undertake any work until the
deposit is received in full by the Supplier and when all details relating are
finalised.
(d) If agreed progress payments are not honoured by the Customer, the Supplier
may postpone any further work until such a time as all the outstanding payment
is received.
(e) Payments may be paid by cash, cheque, on-line banking or by any other
method as agreed to between the Customer and the Supplier.
(f) The Customer compensates the Supplier for all costs, expenses or losses
incurred by the Supplier as a result of the Customer’s failure to pay all
amounts outstanding as owed to the Supplier including without limiting the
generality of the forgoing any debt collection and legal costs incurred in
enforcing payment.
Delivery of Goods and Services
(a) Subject to clause (d) it is the
Supplier’s responsibility to ensure that the Services start as soon as it is
reasonably possible.
(b) The Services commencement date will be put back and/or the completion date
extended by whatever time reasonable in the event that the Supplier claims an
extension of time (by giving the Customer notice either by phone or email)
where completion is delayed by an event beyond the Suppliers control, including
but not limited to by failure by the Customer to:
(a) make a selection; or(b) have the site ready for the Services; or(c) notify
the Supplier that the site is ready.
(d) The Customer acknowledges
and understands that the Supplier reserves the right to charge for Services or
time involved for delays that are beyond the control of the Supplier as per
clause D.b).
(e) The Supplier may deliver the Goods and services in separate instalments. Each
separate instalment shall be invoiced and paid in accordance with the
provisions in these terms and conditions.
Risk
(a) Where the Supplier gives advice or recommendations to the Customer, or
the Customers agent, with specific instructions regarding the use of the Goods
and such advice or recommendations are not acted upon then the Supplier shall
not be liable in any way whatsoever for any damaged or losses that occur after
any subsequent commencement of the Services.(b) The Supplier reserves the right
to refuse to enter a site to undertake the Services in the event that the
Supplier believes the site to be unsafe. In this event, the Customer agrees
that it is their responsibility to ensure the site is made safe before the
Supplier will enter the site, the Supplier shall not be liable for any delays
caused, loss, damages, or costs however resulting from an unsafe site.
(c) Where the Supplier is required to install the Goods the Customer
warrants that the structure of the premises or equipment in or upon which these
Goods are to be installed or erected is sound and well sustain the installation
and work incidental there to and the Supplier shall not be liable for any
claims, demands, losses, damages, costs and expenses howsoever caused or
arising in connection with the installation and work incidental thereto.
(d) The Customer acknowledges that the presence of plant or tree root growth
and/or other blockages may indicate damaged pipe work and therefore where the
Supplier is requested to only clear such blockages. The Supplier can offer no
guarantee against reoccurrence or further damage, in the event of collapse
during the pipe clearing process, the Supplier will immediately advise the
Customer of the same and shall provide the Customer with an estimate for the
full repair of the damaged pipe work.
(e) The Supplier shall not be liable for any loss or damage that may be caused
in accessing the work site beyond reasonable control of the Supplier
(including, without limitations, to ceiling tiles and panels, brickwork and
rendered masonry services) which the Supplier may have to break into or
disturb, unless due to the negligence of the Supplier.
(f) The Customer acknowledges and accepts that the supply of Goods and services
for accepted orders may be subject to availability and if, for any reason,
Goods are not or ceased to be available, the Supplier reserves the right to
vary the Price with alternative Goods. The Supplier also reserves the right to
halt all Services until the Supplier and the Customer agree on such changes.
Accuracy of Customers Plans and Measurements
(a) The Supplier shall be entitled to rely on the accuracy of any plans,
specifications and other information provided by the Customer. The Customer
acknowledges and agrees that in the event that any of this information provided
by the Customer is incorrect or inaccurate, the Supplier accepts no
responsibilities for any losses, damages, or costs however resulting from these
inaccurate plans, specifications or other information.
(b) In the event the Customer gives information relating to measurements and
quantities of the Goods required to complete the services, it is the Customer’s
responsibility to verify the accuracy of the measurements and the quantities
before the Customer or Supplier places an order based on these measurements and
quantities. The Supplier accepts no responsibility for any loss, damages, or
costs however resulting from the Customers failure to comply with this clause.
Customer’s and Supplier’s Responsibility
(a) The Customer acknowledges that in the event that asbestos is located
or any other toxic substances are discovered at the worksite that it is their
responsibility to ensure the safe removal of the substance. The Customer
further agrees to indemnity the Supplier against any costs incurred by the
Supplier as a result. Under no circumstance will the Supplier handle removal of
asbestos product unless correctly qualified.
(b) The Customer acknowledges that it is their responsibility to ensure that
all Goods, plant or equipment which the Supplier is required to install (or to
connect any of its Goods to) are of the correct quality, colour and finish.
(c) The Supplier is to confirm that they are all up to relevant Australian
Standards and local statutory requirements and are as specified in the
specifications, drawings and plans upon which the Supplier based the quotation
on. The Supplier reserves the right to refuse to install non-compliant goods.
(d) The Customer agrees to indemnify the Supplier against any costs incurred by
the Supplier in receiving such errors if required.
Access
(a) The Customer shall ensure that the Supplier has clear and free access to
the work site at all times to enable them to undertake the Services. The
Supplier shall not be liable for any loss or damage to the site which includes
but not limited to; damage to pathways, driveways, and concreted or paved or
grassed area unless due to the negligence of the Supplier.
Underground Locations
(a) Prior to the Supplier commencing any work the Customer must advise the
Supplier of the precise location of all underground services on the site and
clearly mark the same or have the services located by a professional locator at
the Customers cost. The underground mains & services the Customer must
identify include, but not limited to, electrical services, gas services, sewer
services, pumping services, sewer connections, sewer sludge mains, water mains,
irrigation pipe, telephone cables, fibre optic cables, oil pumping mains and
any other services that may be onsite.
(b) Whilst the Supplier will take all care to avoid damage to any underground
services the Customer agrees to indemnify the Supplier in respect of all and
any liability claims, loss, damage, costs and fines as a result of damage to
services not precisely located and notified as per clause I.a).
Defects, Warranties, Competition and Consumer Act 2010 (CCA)
(a) The Customer must inspect the Goods and services on delivery and/or
completion and must within seven (7) days of delivery notify the Supplier in
writing of any evident defect/damage, shortage in quality, or failure to comply
with the description or quote. The Customer must notify any other alleged
defect in the Goods and services as soon as reasonably possible after any such
defect becomes evident. Upon such notification, the Customer must allow the
Supplier to inspect the Goods.
(b)Under applicable state, territory and commonwealth law (including, without
limitation to CCA), certain statutory implied guarantees and warranties
(including without limitation the statutory guarantees under the CAA) may be
implied into these terms and conditions (non-Excluded Guarantees).
(c) Except as expressly set out in these terms and conditions or in respect of
the Non-Excluded Guarantees, the Supplier makes no warranties or other representations
under these terms and conditions including but not limited to the quality or
suitability of the Goods. The Supplier’s liability in respect of these
warranties is limited to the fullest extent of the law
(d) If the Customer is a consumer within the meaning of the CCA, the
Supplier’s liability us limited to the extent permitted by section 64A of
Schedule 2.
(e) If the Supplier is required to replace the Goods under this clause of the
CCA but is unable to do so, the Supplier may refund any money the Customer has
paid for the Goods.
(f) If the Customer is not a consumer within the meaning of the CCA, the
Supplier’s liability for any defect or damage of goods is;
(a) limited to the value of any express warranty or warranty card provided to
the customer by the supplier’s sole discretion;
(b) limited to any warranty to which the supplier is entitled, if the Supplier
did not manufacture the goods:
(g) Subject to this clause J, returns will only be accepted provided that;(a)
the Customer has complied with the provisions of Clause 10.1; and (b) the
Supplier has agreed that the goods are defective; and (c) the Goods are returned
within a reasonable time at the Customer’s cost (if that cost is not
significant); and (d) the Goods are returned in as close a condition to that in
which they were delivered as possible.
(h) Notwithstanding clauses 10.1 to 10.8 but subject to the CCA, the Supplier
shall not be liable for any defect or damage which may be caused or partly
caused by or arise as a result of (a) the Customer failing to properly maintain
or store any goods; (b) the Customer using the Goods for any purpose other than
that for which they were designed; (c) the Customer continuing the use of any
Goods after any defect became apparent or should have become apparent to a
reasonably prudent operator or user; (d) the Customer failing to follow any
instruction or guidelines provided by the Supplier; (e) fair wear and tear, any
accident, or act of nature.
(i) The supplier may in its absolute discretion accept non-defective Goods for
return in which case the Supplier may require the Customer to pay handling fees
of up to twenty percent (20%) of the value of the returned Goods plus any
freight costs.
(j)Notwithstanding anything contained in this clause if the Supplier is
required by a law to accept a return then the Supplier will only accept a
return on the condition imposed by that law.
Default and Consequences of Default
(a) Interest on overdue invoice shall be accrued daily from the date when
payment becomes due, until the date of payment as a rate of two and a half
percent (2.5%) per calendar month (and at the Supplier’s sole discretion such
interest shall compound monthly at such a rate) after as well as before any
judgment.
(b) If the Customer owes the Supplier any money the Customer shall
indemnify the Supplier from and against all costs and disbursements incurred by
the Supplier in recovering the debt (including but not lit not limited to
internal administration fees, legal costs on a solicitor and own customer
basis, the Supplier’s contract default fee, and bank dishonour fees)
(c) Without prejudice to any other remedies the Supplier may have, if at
any time the Customer is in breach of any obligation (including those relating
to payment) under these terms and conditions the Supplier may suspend or
terminate the supply of Goods and services to the Customer. The Supplier will
not be liable to the Customer for any loss or damage the Customer suffers
because the Supplier has exercised its rights under this clause.
(d) Without prejudice to the Supplier’s other remedies at law the Supplier
shall be entitled to cancel all or any part of any order of the Customer which
remains unfulfilled and all amounts owing to the Supplier shall, whether or not
due for payment, become immediately payable if: (a) any money payable to the
Supplier becomes overdue, or in the Supplier’s opinion the Customer will be
unable to make a payment when it falls due; (b) the Customer becomes insolvent,
convenes a meeting with its creditors or proposes or enters into an arrangement
with creditors, or makes an assignment for the benefit of its creditors; or (c)
a receiver, manager, liquidator (provisional or otherwise) or similar person is
appointed in respect of the Customer or any asset of the Customer.
Cancellation
(a) The Supplier may cancel any contract to which these terms and
conditions apply or cancel delivery of Goods and services at any time before
the Goods are delivered by giving written notice to the Customer. On giving
such notice the Supplier shall repay to the Customer any money paid by the
Customer for the Goods and services. The Supplier shall not be liable for any
loss or damage whatsoever arising from such cancellation. (b) In the event
that the Customer cancels delivery of Goods the Customer shall be liable for
any and all loss incurred (whether direct or indirect) by the Supplier as a
direct result of the cancellation (including, but not limited to, any loss of
profits).
(c) Cancellation of orders for Goods made to the Customer’s specifications, of
for non-stocked items will not be accepted once production has commenced, or an
order has been placed.
Privacy Act 1988
(a) The Client agrees for the Supplier to obtain from a credit reporting
agency a credit report containing personal credit information about the Client
in relation to credit provided by the Supplier.
(b) The Client agrees that the Supplier may exchange information about the
Client with these credit providers other names as trade referees by the Client
or named in a consumer credit report issued by a credit reporting agency for
the following purposes: (a) to assess 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 as to the
status of this credit account, where the Client is in default with other credit
providers: and/or (d) to assess the creditworthiness by the Client.
(d) The Client agrees that personal credit information provided may be
used and retained by the Supplier for the following purpose (and for other
purposes as shall be agreed between the Client and Supplier or required by law
from time to time):(a) the provision of goods; and/or (b) the marketing of
Goods by the Supplier, its agents or distributors; and/or (c) analysing,
verifying and/or checking the Client’s credit, payment and/or status in
relation to the provisions of Goods; and/or (d) processing of any payment
instructions, direct facilities and/or credit facilities requested by the
Client; and/or (e) enabling the daily operation of Client’s account and/or the
collection of amounts outstanding in the Client’s account in relation to the
Goods.
(e) The Supplier may give information about the Client to a credit reporting
agency for the following purposes; (a) to obtain a consumer credit report about
the Client; (b) allow the credit reporting agency to create or maintain a
credit information file containing information about the Client.
(f) The information given to the credit reporting agency may include; (a)
personal particulars (the Client’s name, sex, address, previous addresses, date
of birth, name of employer and driver’s licence number); (b) details concerning
the Clients application for credit or commercial credit and the amount
requested; (c) advice that the Supplier is a current credit provider to the
Client; (d) advice of any overdue, loan repayments, and/or any outstanding
monies owing which are overdue bye more than sixty (60) days, and for which
debt collection action has been started; (e) that the Client’s overdue
accounts, loan repayments and/or any outstanding monies are no longer overdue
in respect of any default that has been listed; (f) information that in the
opinion of the Supplier, the Client has committed a serious credit infringement
(that is fraudulently or shown an intention not to comply with the Client’s
credit obligations); (g) advice that cheques drawn by the Client for one
hundred dollars ($100) or more, have been dishonoured more than once; (h) that
credit provided to the Client by the Supplier has been paid or otherwise
discharged.
Building and Construction Industry Payments Act 2004
(a) At the Supplier’s sole discretion if there are pay disputes or claims
for unpaid Goods and/or Services then the provisions of the Building and
Construction Industry Payments Act 2004 may apply. (b)Nothing in this agreement
is intended to have the effect of contracting out of any applicable provisions
of the Building and Construction Industry Payments Act 2004 of Queensland,
except to the extent permitted by the Act where applicable.
General
(a) These terms and conditions and any contract to which they apply shall
be governed by the laws of the state of Queensland in which the Supplier has
its principal place of business, and are subject to the jurisdiction of the
courts in that state. (b) The Client shall not be entitled to set off against,
or deduct from the Price, any sums owed or claimed to be owed to the Client by
the Supplier nor to withhold payment of any invoice because part of that invoice
is in dispute. (c) The Supplier may licence or sub-contract all or any
part of its rights and obligations without the Client’s consent.