Conditions and Agreements:

Special Note – Any and all works carried out by Indepth Plumbing either quoted or otherwise shall be subject to these Terms and Conditions in full. It is the sole responsibility of the client / customer to read the Terms and Conditions carefully and pursue legal advice if required before engaging Indepth Plumbing.

1. Definitions

“Plumber” shall mean Indepth Plumbing Pty Ltd ABN 84-165-236-519 its successors andassigns or any person acting on behalf of and with its written
“Onwer/ Head contractor” shall mean the Onwer/ Head contractor or any person acting on behalf of and with the written authority of the Onwer/ Head
“Work” shall mean all Works (including the supply of Materials) undertaken by the Plumber and described in this contract and includes any advice or
“Materials” shall mean Materials required to complete the
“Prime Cost Item” shall mean an item that either has not been selected, or whose Price is not known, at the time this contract is entered into and for the cost of supply and delivery of which the Plumber must make a reasonable allowance in the
“Provisional Sum” shall mean an estimate of the cost of carrying out particular Works under this contract for which the Plumber, after making all reasonable inquiries, cannot give a definite Price at the time this contract is entered
“Price” shall mean the Price of the Works as agreed between the Plumber and the Onwer/ Head contractor.

Acceptance

Any instructions received by the Plumber from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Plumber shall constitute acceptance of the terms and conditions contained herein.

Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Plumber.

None of the Plumber’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Plumber in writing nor is the Plumber bound by any such unauthorised statements.

The Client undertakes to give the Plumber not less than foureen (14) days prior written notice of any proposed change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice).

2. Variations

In the event that the Onwer/ Head contractor requests a variation the Plumber will give the Onwer/ Head contractor a written variation document detailing the Works, the amended Price, the estimated time to undertake the variation, and the likely delay, if any, and require written acceptance by the Onwer/ Head contractor of the variation before commencing Work on the variation.
In the event that the Plumber requests a variation, the Plumber will, in writing;

state the reason for the variation; and
provide a full description of the variation; and
state any effect the variation will have on the contract, including but not limited to, the Price, completion date and whether further permits or authorisations are
- Other than for the events outlined in clause 3.4 the Plumber shall obtain written acceptance by the Onwer/ Head contractor of any variation submitted by the Plumber before commencing Work on the
- The Plumber may carry out any necessary Works In the event of;
unforeseeable problems with the site which are only revealed when undertaking the Works which the Plumber considers should be rectified for the safe completion of the Works; or
any Works that the Plumber considers are required to be undertaken urgently and it is not

reasonably practicable to obtain written acceptance from the Onwer/ Head contractor before commencing the variation: or

the Plumber being instructed to undertake extra Works by any person authorised by the

Building Act 1975

Any such additional Works are to be treated as a variation. However if a Price is not agreed upon then the Onwer/ Head contractor will be charged at the Plumber’s actual cost plus twenty (20%) percent for the Works.

3. Price And Payment

Time for payment for the Works shall be of the essence and will be stated on the invoice. If no time is stated then payment shall be due seven (7) days following the date of the
The Plumber may submit a detailed payment claim at intervals not less than one (1) month for Work performed up to the end of each month. The value of Work so performed shall include the value of authorised variations, and the value of Materials delivered to the site but not
Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Onwer/ Head contractor and the
The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in the building contract schedule

4. Delivery Of Works

Subject to clause 5.2 it is the Plumber’s responsibility to ensure that the Works start as soon as it is reasonably
The Works commencement date will be put back and the building period extended by whatever time is reasonable in the event that the Plumber claims an extension of time (by giving the Onwer/ Head contractor written notice) where completion is delayed by an event beyond the Plumber’s control, including but not limited to any failure by the Onwer/ Head contractor to:

make a selection; or
have the site ready for installation; or
notify the Plumber that the site is

The failure of the Plumber to deliver shall not entitle either party to treat this contractas repudiated.
The Plumber shall not be liable for any loss or damage whatever due to failure by the Plumber to deliver the Works (or any of them) promptly or at

5. Risk/Insurance

If the Plumber retains property in the Works nonetheless all risk for the Works passes to the Onwer/ Head contractor on
The Plumber shall have public liability insurance of at least $5m. It is the Ownersresponsibility to ensure that they are similarly insured. In the event that the Onwer/ Head contractor instructs the Plumber to insure the product against loss or damage occurring after it is delivered to the site or to similarly insure the Onwer/ Head contractor’s property whilst the product is being installed on the site, the Onwer/ Head contractor will be charged the Plumbers actual cost of insuring plus another 20% for arranging such

6. Defects

The Onwer/ Head contractor shall inspect the Works on delivery and shall within fourteen (14) days of delivery notify the Plumber in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Onwer/ Head contractor shall afford the Plumber an opportunity to inspect the Works within a reasonable time following delivery. If the Onwer/ Head contractor shall fail to comply with these provisions the Works shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or
For defective Works which the Plumber has agreed in writing that the Onwer/ Head contractor is entitled to reject, the Plumber’s liability is limited to either (at the Plumber’s discretion) replacing the Works, or repairing the Works, within twenty eight (28) days of notification provided that the Onwer/ Head contractor has complied with the provisions of clause 1.

7. Onwer/ Head contractor’s Responsibility

It is the intention of the Plumber and agreed by the Onwer/ Head contractor that;

any building/construction sites will comply with all NSW occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation; and
the Plumber is not responsible for the removal of rubbish from or clean up of the building/ construction site/s. This is the responsibility of the Onwer/ Head contractor or the Onwer/ Head contractor’s agent.

8. Work By The Onwer/ Head contractor

Subject to clause 9.2 in the event that the Onwer/ Head contractor is to provide appliances orother services for which the plumbing Works are required then the Onwer/ Head contractor must have the site ready and appliances available at least twenty-four (24) hours before the time stated by the Plumber to install the product/s or provide the
In the event that the Onwer/ Head contractor has not complied with the provisions of clause 9.1, any additional Works necessary to provide, supply or install the services or appliances is a variation and clause 3 applies. However if a Price is not agreed upon then the Onwer/ Head contractor will be charged at the Plumber’s actual cost plus 20% for the

9. Surplus Materials

Unless otherwise stated elsewhere in this contract;

only suitable new Materials will be used;
demolished Materials remain the Onwer/ Head contractor’s property; and
Materials which the Plumber brings to the site which are surplus remain the property of the

10. Title

It is the intention of the Plumber and agreed by the Onwer/ Head contractor that Ownership of Materials shall not pass until:

the Onwer/ Head contractor has paid all amounts owing for the particular Materials, and
the Onwer/ Head contractor has met all other obligations due by the Onwer/ Headcontractor to the Plumber in respect of all contracts between the Plumber and the Onwer/ Head
- Receipt by the Plumber of any form of payment other than cash shall not be deemed to bepayment until that form of payment has been honoured, cleared or recognised and until then the Plumber’s Ownership or rights in respect of Materials shall
- It is further agreed that:
where practicable the Materials shall be kept separate and identifiable until the Plumber shallhave received payment and all other obligations of the Onwer/ Head contractor are met; and
until such time as Ownership of the Materials shall pass from the Plumber to the Onwer/ Head

contractor the Plumber may give notice in writing to the Onwer/ Head contractor to return the Materials or any of them to the Plumber. Upon such notice the rights of the Onwer/ Head contractor to obtain Ownership or any other interest in the Materials shall cease; and

the Plumber shall have the right of stopping the Materials in transit whether or not delivery has

been made; and

if the Onwer/ Head contractor fails to return the Materials to the Plumber then the Plumber or the Plumber’s agent may enter upon and into land and premises owned, occupied or used by the Onwer/ Head contractor, or any premises as the invitee of the Onwer/ Head contractor, where the Materials are situated and take possession of the
the Onwer/ Head contractor is only a bailee of the Materials and until such time as thePlumber has received payment in full for the Materials then the Onwer/ Head contractor shall hold any proceeds from the sale or disposal of the Materials on trust for the Plumber; and
the Onwer/ Head contractor shall not deal with the money of the Plumber in any way which maybe adverse to the Plumber; and
the Onwer/ Head contractor shall not charge the Materials in any way nor grant nor otherwise give any interest in the Materials while they remain the property of the Plumber; and
the Plumber can issue proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials may not have passed to the Onwer/ Head

11. Warranty

To the extent required by the Domestic Building Contracts Act 2000, the Plumber warrants that:

the Works shall be carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract schedule;
all Materials supplied be good and, having regard to the relevant criteria, suitable for the purpose for which they are used and that, unless otherwise stated in this contract, those Materials will be new;
the Works will be carried out in accordance with all relevant laws and legal requirements (including, but not limited to, the Building Act 1975 and the Plumbing & Drainage Act 2002);
the Works will be carried out in an appropriate and skilful way, with reasonable skill and care;
if the Works consists of the construction of a detached dwelling or are intended to renovate, alter, extend, improve or repair a home to a stage suitable for occupation, that the detached dwelling or home will be suitable for occupation when the Works are finished; and
if the contract states the particular purpose for which the Works are required, or the result which the Onwer/ Head contractor wishes the Works to achieve (so as to show that the Onwer/ Head contractor relies on the Plumber’s skill and judgement) then the Works and any Materials will be reasonably fit for that purpose or will be of such a nature and quality that they might reasonably be expected to achieve that

each provisional sum item allowance, if calculated by the Plumber, has been calculated withreasonable skill and care, having regard to all the information reasonably available when this contract is entered into (including information about the nature and location of the site).
- Clause 12.1(b) does not apply if the Plumber is subject to the direction of the Onwer/ Headcontractor’s architect for the supply of Materials, or the Onwer/ Head contractor is responsible for nominating the Materials and either:
there are no reasonable grounds for not using the Materials, or
there are reasonable grounds for not using the Materials and the Plumber advises theOnwer/ Head contractor as such in writing and the Onwer/ Head contractor still insists on the Materials been being used.
- For Material not manufactured by the Plumber the warranty shall be the current warrantyprovided by the manufacturer of the Material. The Plumber shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturers
- Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on exact location & works as carried out by the plumber. Client must provide original invoice for proof of
- All valve & valve type parts as well as any specified items installed by the Plumber must be serviced annually by the plumber Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an
- The Client shall inspect the goods & works on completion & must report any defects to parts or installation works within 48 hours in writing to Plumber of any alleged defects, shortage in quantity or
- The client shall afford the Plumber an opportunity to inspect the alleged damage / defect within 7 working days from date of written notification & give Plumber the opportunity to make good to Australian & reasonable standards within 14 working
- No warranty shall be provided on blocked sewer, drainage or storm water

12. Intellectual Property

Where the Plumber has designed, drawn or written plans or a schedule of Works for the Onwer/ Head contractor, then the copyright in those plans, schedules, designs and drawings shall remain vested in the Plumber, and shall only be used by the Onwer/ Head contractor at the Plumber’s
The Onwer/ Head contractor warrants that all designs or instructions to the Plumber will not cause the Plumber to infringe any patent, registered design or trademark in the execution of the Onwer/ Head contractor’s

The Commonwealth Trade Practices Act 1974, Building Act 1975, and Fair Trading Acts1.Nothing in this agreement is intended to have the effect of contracting out of any applicable

provisions of the Commonwealth Trade Practices Act 1974, Building Act 1975, or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

Access
- The Plumber must be given uninterrupted access to the site to undertake the
- It is the Owners responsibility to provide the Plumber, while we are at the site, with adequate access to available water, electricity, toilet and washing

15. Provisional Sums

Each Provisional Sum item must be listed in the schedule and have an allowance stated next to it for the Price of the supply of the Works. The Onwer/ Head contractor must pay the actual price of any Works and, where the Price is more than the allowance, the margin specified in the schedule applied to that

16. Default & Consequences of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any
If the Onwer/ Head contractor defaults in payment of any invoice when due, the Onwer/ Head contractor shall indemnify the Plumber from and against all costs and disbursements incurred by the Plumber in pursuing the debt including legal costs on a solicitor and own client basis and the Plumber’s collection agency
Without prejudice to any other remedies the Plumber may have, if at any time the Onwer/ Head contractor is in breach of any obligation (including those relating to payment) the Plumber may suspend or terminate the supply of Works to the Onwer/ Head The Plumber will not be liable to the Onwer/ Head contractor for any loss or damage the Onwer/ Head contractor suffers because the Plumber exercised its rights under this clause.
If any account remains overdue after thirty (30) days then an amount of $200 shall be levied for administration fees which sum shall become immediately due and
Without prejudice to the Plumber’s other remedies at law the Plumber shall be entitled to cancel all or any part of any order of the Onwer/ Head contractor which remains unperformed and all amounts owing to the Plumber shall, whether or not due for payment, become immediately payable in the event that:

any money payable to the Plumber becomes overdue, or in the Plumber’s opinion the Onwer/ Head contractor will be unable to meet its payments as they fall due; or
the Onwer/ Head contractor 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
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed inrespect of the Onwer/ Head contractor or any asset of the Onwer/ Head

17. Cancellation

Indepth Plumbing Pty Ltd may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours written advice.

The Plumber shall not be liable for any loss or damage what-so-ever arising from such cancellation.

The client must provide the Plumber with at least 3 working days’ notice in writing of any

cancellation of works. Failure to do so will incur 30% payment of the original quoted / invoice amount payable by the client.

Placing a deposit with the Plumber secures & confirms your job. Where a deposit has been paid to

the Plumber deposits are non-refundable.

In the event that the Plumber is in serious breach of their obligations, the Onwer/ Headcontractor may give a written request to remedy the breach within fourteen (14) days. If the breach is not remedied within that time, the Onwer/ Head contractor may then terminate this contract by giving the Plumber written
In the event that the Plumber becomes insolvent, the Onwer/ Head contractor may, by giving written notice, terminate this contract. For the purposes of this clause to be insolvent shall mean;

any act of bankruptcy under the Bankruptcy Act by a natural person;
the appointment of a liquidator, provisional liquidator, receiver, receiver and manager, or the entering into of a deed of arrangement if a corporation; or

any act of
- If a contract is ended under this clause, the Plumber is entitled to a reasonable Price for the Work carried out under the contract to the date the contract is ended. However, the Plumber may not recover more than the Plumber would have been entitled to recover under the

18. Privacy Act 1988

The Onwer/ Head contractor agrees for the Plumber to obtain from a credit reporting agency a credit report containing personal credit information about the Onwer/ Head contractor in relation to credit provided by the
The Onwer/ Head contractor agrees that the Plumber may exchange information about the Onwer/ Head contractor with those credit providers either named as trade referees by the Onwer/ Head contractor or named in a consumer credit report issued by a credit reporting agency for the following purposes:

to assess an application by the Onwer/ Head contractor; and/or
to notify other credit providers of a default by the Onwer/ Head contractor; and/or
to exchange information with other credit providers as to the status of this credit account,where the Onwer/ Head contractor is in default with other credit providers; and/or
to assess the credit worthiness of the Onwer/ Head
- The Onwer/ Head contractor 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 Onwer/ Head contractor agrees that personal credit information provided may be used and retained by the Plumber for the following purposes and for other purposes as shall be agreed between the Onwer/ Head contractor and Plumber or required by law from time to time:
provision of Works; and/or
marketing of Works by the Plumber, its agents or distributors in relation to the Works; and/or
analysing, verifying and/or checking the Onwer/ Head contractor’s credit, payment and/or status in relation to provision of Works; and/or
processing of any payment instructions, direct debit facilities and/or credit facilities requestedby Onwer/ Head contractor; and/or
enabling the daily operation of Onwer/ Head contractor’s account and/or the collection of amounts outstanding in the Onwer/ Head contractor’s account in relation to the
- The Plumber may give information about the Onwer/ Head contractor to a credit reporting agency for the following purposes:
to obtain a consumer credit report about the Onwer/ Head contractor; and/or
allow the credit reporting agency to create or maintain a credit information filecontaining information about the Onwer/ Head

19. General

If any provision of this contract shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or
These terms and conditions and any contract to which they apply shall be governed by the laws of NSW and are subject to the jurisdiction of the courts of NSW
The Plumber shall be under no liability whatever to the Onwer/ Head contractor for any indirect loss and/or expense (including loss of profit) suffered by the Onwer/ Head contractor arising out of a breach by the Plumber of this
In the event of any breach of this contract by the Plumber the remedies of the Onwer/ Head contractor shall be limited to damages. Under no circumstances shall the liability of the Plumber exceed the Price of the
The Onwer/ Head contractor shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Onwer/ Head contractor by the
The Plumber may license or sub-contract all or any part of its rights and obligations without the Onwer/ Head contractor’s consent. The Onwer/ Head contractor agrees and understands that they have no authority to give any instruction to any of the Plumber’s sub-Plumbers without the authority of the.
The Plumber reserves the right to review this contract at any time. If, following any suchreview, there is to be any change to this contract, then that change will take effect from the date on which the Plumber notifies the Onwer/ Head contractor of such
Neither party shall be liable for any default due to any act of God, war, terrorism, fire, flood,drought, storm or other event beyond the reasonable control of either
The failure by the Plumber to enforce any provision of this contract shall not be treated as a waiver of that provision, nor shall it affect the Plumber’s right to subsequently enforce that provision.
This contract, the plans and specifications have precedence in that order if there is any inconsistency between

20. Unforeseen services

Underground Services

The Client will indemnify the Plumber & 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 & any repair work required will be paid at the Clients expense. Such liability, loss, claims or proceedings includes but is not limited to a) Damage to the property, real or personal; b) Death or personal injury; & c) Consequential or economic loss of any kind.

Rock & Filled Ground

Unless specifically included in written quotes &/or estimates, rock excavation, dewatering or supportive work such as pier & beams for filled or made up ground will be charged out as a

variation to the original price. Quotation is based on excavation of clean soils only, unless otherwise specifically stated in
Existing soils shall be returned to excavated areas where possible & ground shall left

Landscaping and concrete works are not included in quotation unless specified be in writing. All concrete, paving and landscape works including shrub / plant & lawn replacement will be treated as a variation.

Drains & Sewer

The Client understands that the presence of plant/tree root growth &/or blockages generally indicates damaged pipes. Additionally the Client agrees that blocked drains, sewer pipes & storm water lines cannot be permanently fixed by simply removing “plant/tree root growth” or cleaning the drain. Therefore, no warranty is provided in relation to future blockages regardless of timeframe reoccurring whether in the same location or other drainage / sewer lines within the same property. 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 that additional charges will imposed.

Should any Plumber’s equipment become lodged or damaged in the customers drain it will be

removed & / or repaired at the Clients expense (includes materials, parts & labour) or monetary compensation to the total replacement of same or higher quality value will become payable to Plumbers Direct immediately.

21. Security And Charge

Despite anything to the contrary contained herein or any other rights which the Plumber may have howsoever:-

Where the Client and/or the Guarantor (if any) is the Onwer/ Head contractor of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Plumber or the Plumber’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Plumber (or the Plumber’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.

Should the Plumber elect to proceed in any manner in accordance with this clause and/or its sub- clauses, the Client and/or Guarantor shall indemnify the Plumber from and against all the Plumber’s costs and disbursements including legal costs on a solicitor and own client basis.

To give effect to the provisions of clause [14.1 (a) and (b)] inclusive hereof the Client and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Plumber or the Plumber’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registrable or not) including such other terms and conditions as the Plumber and/or the Plumber’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Client and/or the Guarantor in any land, realty or asset in favour of the Plumber and in the Client’s and/or Guarantor’s name as may be necessary to secure the said Client’s and/or Guarantor’s obligations and indebtedness to the Plumber and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Plumber’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.

22. 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 affect 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.

Rates fees and charges.

Indepth Plumbing rates valid for 2017 only.
After-hours Rates

Hourly rate charged per 15 mins	=$200.00	Plus GST
Service call Mon-Sun 4pm-10pm	=200.00	Plus GST
Service call Mon-Sun 11pm-6am plus public holidays	=280.00	Plus GST

Building and Construction Industry Security of Payments Act 1999