Cox Plumbing – Terms & Conditions of Trade
(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.
(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.
(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.
(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.
(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.