Terms and Conditions

These are the Terms and Conditions of Quotation of Sale of all products and services supplied by After Hours Plumbing Pty Ltd ACN 641 506 587 trading as After Hours Plumbing Melbourne unless otherwise expressly agreed upon in writing by an authorized officer of After Hours Plumbing Melbourne and the Customer.  The following Terms and Conditions apply notwithstanding any provisions to the contrary which may appear on any document or agreement between the Customer and After Hours Plumbing Melbourne.

1. Definitions
   1. ‘Customer’ means the person or other legal entity placing the order for Works or products supplied by After Hours Plumbing Melbourne to the Customer as specified in the invoice, document or order. The Customer warrants that they have authority and the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so.
   2. ‘After Hours Plumbing Melbourne’ means the person or entity trading with the ABN on the quotation, invoice or receipt.
   3. ‘Quote’ means any document containing a price for Works, including but not limited to Tax invoices, quotations generated by hand held tablet or computer, or hand written quotations.
   4. ‘Works’ means any services rendered, products delivered or any future or completed work done by After Hours Plumbing Melbourne.
   5. Interpretation
      
      In this agreement unless the context otherwise requires:

1. 1. 1. 1. words importing any gender include every gender;
         2. words importing the singular number include the plural number and vice versa;
         3. words importing persons include firms, companies and corporations and vice versa;
         4. references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to this agreement;
         5. reference in any schedule to this agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
         6. any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
         7. the headings to the clauses and schedules of this agreement are not to affect the interpretation;
         8. any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or bylaw made under that enactment; and
         9. the word “including” (and related forms including “includes”) means “including without limitation”.
2. Binding Nature
   1. All orders placed with After Hours Plumbing Melbourne are accepted subject to these Terms and Conditions. The Customer has accepted and is immediately bound by these Terms and Conditions if the Customer places an order for the products or services, signs any Quote, pays the deposit, continues to provide instructions or accepts the products or Works.
   2. After Hours Plumbing Melbourne may at their sole discretion, at any time, alter these Terms and Conditions. The altered Terms and Conditions will apply after notification by After Hours Plumbing Melbourne to the ‘Customer’.
3. Pricing
   1. On acceptance of the Quote, unless otherwise stated, payment is required on completion of works. For some Works a deposit and ongoing progress payments are required.  Where a deposit and progress payments are required, these will be stated on the Quote.  These payment conditions can be modified at the sole discretion of After Hours Plumbing Melbourne by notification to the Customer prior to the Customer accepting the Quote.
   2. Notwithstanding anything else in these Terms and Conditions, the Quote will only be valid for 30 days after which time After Hours Plumbing Melbourne reserve the right to make any changes required to the Quote.
   3. Changes to scope of works are variations and where there is a variation, After Hours Plumbing Melbourne reserve the right to stop any works until After Hours Plumbing Melbourne and the Customer accept the changes in writing.
   4. After the Customer has accepted the Quote, they are not able to cancel the order unless After Hours Plumbing Melbourne agree in writing. After Hours Plumbing Melbourne reserve the right to complete an order in full or only in part.
4. Terms of Payment
   1. 1. The Customer will make payment according to the Quote.
      2. If the customer fails to make payment in accordance with clause 4a, After Hours Plumbing Melbourne is entitled to:
         1. Require the payment of cash upon delivery and commencement of any further Works;
         2. Charge default interest at the rate of 2% per annum above the default rate of interest for the State of Victoria on all overdue amounts (including late payment charges and amounts other than the contract sum) calculated daily on any monies due but unpaid, such interest will accrue from the due date for payment and the parties agree that such default is not a penalty but is a true measure of damages incurred by After Hours Plumbing Melbourne. Payments received from the Customer will be credited first against any default interest and all such charges will be payable upon demand;
      3. Claim from the Customer all costs relating to any action taken by After Hours Plumbing Melbourne to recover moneys or goods due from the Customer including, but not limited to, any legal costs and disbursements on a solicitor-client basis;
      4. The Quote does not include overtime or penalty rates. Standard hours are 7:00am-4:00pm Monday-Friday.  Hours outside of these times are subjected to penalty rates and will be considered as a variation to the Quote.  Labor rates begin from arrival at site.
      5. Site must be clear before scheduled works or clearing the site will be considered a variation to the Quote and incur additional charges.
      6. Travel costs include fuel, tolls and time spent in transit.
      7. The minimum call out fee is the per person first hour rate and then an hourly rate thereafter. Minimum call out is for 3 hours work at quoted per person rate.
      8. Where a quote includes supply of materials, the price of the materials supplied will be charged at the price at time of purchase by After Hours Plumbing Melbourne plus 20%.
      9. If excavation works are required and were not quoted for originally, costs will be calculated on a float plus excavator rate per day which must include the cost of a person who is qualified as a plumber and excavator operator. Excavation excludes hitting rock/ rock breaking which will incur an additional charge.  Cost does not include spoil removal or repair to council or personal property or other services including but not limited to footpaths, nature strips, channels, roads or curbing.
      10. Unless included in the quote, use of demo saw, jackhammer, trench shoring equipment including trench shields will be an extra cost to the Customer.
      11. The After Hours Plumbing Melbourne has no responsibility to patch any holes or penetrations made in structures unless otherwise stated in the scope of works. Any Holes made in the course of works shall be repaired by and at the Customer’s expense.
      12. Time required to undertake and complete authority applications and inspections will be charged to the Customer at standard hourly rates.
      13. Changes to Works requested by third parties including but not limited to builders, owners, City Council or water authorities or their representatives will be charged in addition to any costs for completed Works.
5. Completion Time
   1. Any date or time quoted for delivery and completion of the Works is an estimate only and After Hours Plumbing Melbourne must endeavour to complete the Works at a time or times required by the Customer. Failure to do so will not confer any right of cancellation, termination or refusal of delivery on the Customer’s part or render After Hours Plumbing Melbourne liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
   2. The Customer will not be relieved of any obligation to accept or pay for products by reason of any delay in delivery or any strike, lockout, unavailability of raw materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any Laws, regulations, Governments or agencies thereof and any other cause beyond the control of After Hours Plumbing Melbourne or any other cause whatsoever.
6. Inspection
   1. The customer must examine the products immediately after completion and After Hours Plumbing Melbourne will not be liable for any mis-delivery, shortage, defect or damage unless advised in writing within 14 days of the date of delivery of the products.
   2. If After Hours Plumbing Melbourne are employed to install products, the Customer must not open, dismantle or otherwise handle the products.
7. Property and Risk
   1. Notwithstanding delivery of the products or their installation, property in any given products will remain with After Hours Plumbing Melbourne until the Customer has paid and discharged any and all other indebtedness to After Hours Plumbing Melbourne on any account whatsoever including all applicable sales taxes and any other taxes, levies and duties. Any payment made by or on behalf of a Customer which is later voided by the application of any Statutory Provision will be deemed not to discharge the Customer’s indebtedness and in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
   2. The Customer acknowledges that they are in possession of the products solely as a bailee for After Hours Plumbing Melbourne until payment as defined in clause 4(a) has been made in full to After Hours Plumbing Melbourne and until such payment, the Customer will be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery.
8. Force Majeure
   1. After Hours Plumbing Melbourne will not be liable for any failure or delay in supply or delivery of the products or Works where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of After Hours Plumbing Melbourne including, but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
9. Extermination
   1. After Hours Plumbing Melbourne has the right to cease work if, in their opinion, a severe rodent or pest problem exists on the site. Extermination of rodents or pests of any sort shall be the sole responsibility of the Customer. After Hours Plumbing Melbourne is under no obligation to recommence work until, in its opinion, the rodent or pest problem is resolved.
10. Products and Works
    1. If any products and Works specified within this quotation are unavailable at the time of the works being carried out, After Hours Plumbing Melbourne in its absolute discretion may substitute a reasonable alternative.
    2. Traffic management will not be supplied by After Hours Plumbing Melbourne.
    3. Where works do not meet or exceed the relevant standards, After Hours Plumbing Melbourne will rectify existing works to meet or exceed relevant standards at the Customer’s expense.
    4. No warranty, express or implied, is provided by After Hours Plumbing Melbourne for any existing plumbing fixtures, pipes, or systems. Furthermore, the Customer understands that connections to existing plumbing are sometimes difficult due to the state of deterioration of existing pipes and/or the existing pipe’s location, and the Customer agrees to pay any additional costs, arising due to the state of existing pipework, which is necessary to perform the quoted works.
    5. The Customer hereby acknowledges that aged and deteriorated plumbing fixtures, piping, and appurtenances may no longer be serviceable. In this case, the Customer hereby agrees to hold After Hours Plumbing Melbourne harmless from and defend After Hours Plumbing Melbourne against any and all claims of liability for damages to those items or otherwise resulting from conventional repair efforts.
    6. Unforeseen service lines and cables:
       1. 1. digging entails the possibility of encountering unexpected service lines and cables running through the site. Reasonable efforts will be made by After Hours Plumbing Melbourne to locate or predict such service lines and cables, but no warranty is expressed or implied as to what will be discovered or encountered during digging.
          2. the Customer agrees to accept responsibility for any damage caused by After Hours Plumbing Melbourne to such service lines or cables and further agrees to pay for any labour or materials required to rectify the damage.
    7. Where engineering works are required, you can appoint your own engineer or we can assist with sourcing and undertaking engineering works. Our fee will be our hourly rate plus cost of engineering.
    8. After Hours Plumbing Melbourne has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the site or the Customer’s property and has not conducted any such investigation. No work will be undertaken on asbestos which will need to be removed at the expense of the customer if found during Works.  The Customer expressly releases and shall hold After Hours Plumbing Melbourne harmless from any liability whatsoever and for all claims arising out of its presence, release, remediation or removal and for any costs, losses or damages the Customer may suffer or sustain if it is found to exist on the site or on the Customer’s property.
11. Drain cleaning inspection
    1. The Customer shall hold After Hours Plumbing Melbourne harmless, and shall be solely responsible for any damage or expense incurred to remove, restore, repair or replace its premises and/or any portion thereof, as well as the damaged equipment of the After Hours Plumbing Melbourne, if any tool, drain cleaning cable, water jetting hose, or other equipment of After Hours Plumbing Melbourne becomes stuck in a drainage line in the prosecution of After Hours Plumbing Melbourne conducting the contracted work.
    2. If there is a sewage spill, including one deemed hazardous, the cost of clean-up is the sole responsibility of the Customer.
    3. Removal of tree root growth or blockage alone will not ensure that similar problems will not recur and as such carries no guarantee unless otherwise stated herein.
12. Electronic Locating
    1. The Customer acknowledges that electronic locating is not always accurate and there are factors involved with this procedure that could generate false readings. Therefore, the Customer shall hold After Hours Plumbing Melbourne harmless from any claim, loss, or damage resulting from this procedure.
13. Warranties
    1. To the extent required by statute, subject to the conditions of warranty as may be set out in The Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) After Hours Plumbing Melbourne warrants that if a defect in any of the Works carried out by After Hours Plumbing Melbourne is reported to After Hours Plumbing Melbourne within 12 months of the date of completion, then After Hours Plumbing Melbourne will either replace or remedy the Works subject to these Terms and Conditions.
    2. This warranty will not be applicable in any of the following:
       1. 1. Defect or damage caused which may be caused or partly caused by or arising through the failure of the Customer to properly maintain any Works, follow any instructions or guidelines provided by After Hours Plumbing Melbourne, use of any Works in any other way than is outlined in the quotation or by the Customer’s negligence.
          2. The Customer continues to use any of the works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user.
          3. The Customer allows someone other than a licensed professional to deal with the products.
          4. If the works fail due to fair wear and tear, any accident or act of God.
    3. The warranty will cease and After Hours Plumbing Melbourne will thereafter in no circumstances be liable under the terms of the warranty if the works are repaired, altered or overhauled without After Hours Plumbing Melbourne’s express written consent.
    4. In respect of all claims, After Hours Plumbing Melbourne will not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
    5. If After Hours Plumbing Melbourne must make an inspection outside of our premises, may charge the Customer for all reasonable costs incurred including labour, travelling and other out-of-pocket expenses incurred if the fault or defect is deemed to be outside this warranty.
    6. Where the Customer seeks to have defective goods replaced, After Hours Plumbing Melbourne must have received notice within 6 months of the Customer receiving them and the goods must be returned to After Hours Plumbing Melbourne within 12 month of the Customer receiving them.
    7. Components and parts from third party suppliers are subject to the same warranty (if any) as is extended to After Hours Plumbing Melbourne by the supplier.
    8. If After Hours Plumbing Melbourne replace defective goods, ownership in those defective goods transfers wholly and unconditionally to After Hours Plumbing Melbourne.
    9. If a claim is made by a Customer and After Hours Plumbing Melbourne, after assessing the item, deem this to be out of warranty, After Hours Plumbing Melbourne will make reasonable attempts to contact the Customer to arrange for the items to be returned. If, after 30 days, the Customer has not made arrangements to have the goods returned, After Hours Plumbing Melbourne may dispose of the goods at the Customer’s expense.
    10. Where fixtures or fittings are purchased by the Customer for installation, it will be the responsibility of the Customer to refer any warranty issues to the place of purchase.
    11. After Hours Plumbing Melbourne warrants that all works will be carried out under Australian OHS&E standards.
    12. Time is of the essence in relation to all stipulated time requirements in this clause.
14. Customers Acknowledgements
    1. It is the sole responsibility of the Customer to check and confirm the order with After Hours Plumbing Melbourne prior to signing the Quote. After Hours Plumbing Melbourne will not be held liable for incorrect orders.
    2. It is the responsibility of the Customer to ensure that the Works can be completed without interruption, in a continuous work flow and on the mutually agreed date. After Hours Plumbing Melbourne reserves the right to charge the Customer any extra costs incurred by After Hours Plumbing Melbourne by virtue of interruption including but not limited to additional return to site charges and travel costs.  The customer will be fully responsible to ensure that building, plumbing, electrical installations and any other installations not specified within this quotation do not foul the work area and associated areas.  The customer will be fully responsible for any necessary foundations.
    3. The Customer must ensure that After Hours Plumbing Melbourne has clear and free access to the work site at all times to enable them carry out the Works. After Hours Plumbing Melbourne must take all due and reasonable care when delivering and installing the products in accordance with the Terms and Conditions. After Hours Plumbing Melbourne will not be liable for any loss or damage to the site.
    4. The Customer accepts all liability for, and indemnifies After Hours Plumbing Melbourne against, any custom orders or additional requests that are outside the usual scope of works, including but not limited to anything that is labelled as a “client/customer requirement”. The usual scope of works, and what is outside is determined solely by After Hours Plumbing Melbourne.
    5. If After Hours Plumbing Melbourne has made any recommendation for repair or replacement of any item, or suggested options which in its opinion would improve the performance or extend the life of the item or the contracted work, and those options are not chosen by the Customer, the Customer shall defend and hold After Hours Plumbing Melbourne harmless for any loss, claims or damages incurred or alleged to have been incurred by the failure of the Customer to accept any such option or recommendation.
    6. After Hours Plumbing Melbourne accepts no liability for the visual presentation or noise levels of installed products.
15. Termination
    1. If the customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or enters into any composition or arrangement with creditors or if a receiver or manager is appointed for any property or assets of the customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a Liquidator or Provisional Liquidator is appointed, After Hours Plumbing Melbourne may, in addition to exercising all or any of its rights against the customer, suspend any further deliveries and immediately recover possession of any products not paid for in accordance with the Terms and Conditions. After Hours Plumbing Melbourne will not be liable for any loss or damage the Customer suffers as a result of After Hours Plumbing Melbourne exercising its rights under this Clause.
    2. If a Customer cancels or alters any order or part order for any product at any time after After Hours Plumbing Melbourne has received the order then After Hours Plumbing Melbourne reserves the right to charge to the Customer the cost of any products or materials already acquired for the order together with cost of labour and tooling expended to the date of such cancellation or alteration. This is a genuine estimate of costs and expenses incurred by After Hours Plumbing Melbourne to date.
    3. After Hours Plumbing Melbourne reserves its rights under the Goods Act 1958 or equivalent legislation.
16. Personal Property Securities Act 2009 (“PPSA”)
    1. The Customer acknowledges and agrees that:
       1. 1. this agreement constitutes a security agreement for the purposes of the PPSA and creates a registrable security interest under the PPSA in all materials supplied or that will be supplied by After Hours Plumbing Melbourne to the Customer;
    2. After Hours Plumbing Melbourne has the right to register a financing statement under the PPSA with respect to the security interest created by this agreement;
    3. if After Hours Plumbing Melbourne registers a security interest under the PPSA, After Hours Plumbing Melbourne may exercise any or all remedies afforded to it as a secured party, without prejudice to any other rights or remedies arising out of a breach by the Customer of any agreement with After Hours Plumbing Melbourne; and
    4. the materials supplied or that will be supplied by After Hours Plumbing Melbourne to the Customer are collateral for the purposes of the PPSA.
    5. The Customer waives any right the Customer has under the PPSA to receive notice in relation to registration events.
    6. The Customer and After Hours Plumbing Melbourne agree that neither party will disclose information of the kind specified under Section 275(1) of the PPSA.
    7. After Hours Plumbing Melbourne may elect, at its absolute discretion and at any time, that any section of the PPSA specified in Section 115 will not apply to the extent permitted by Section 115.
    8. This clause will survive the Termination of the Contract.
17. Privacy Act 1988
    1. The Customer hereby acknowledges that:
       1. 1. 1. After Hours Plumbing Melbourne collects personal information such as contact details, bank account details, insurance details and credit card details and holds such information for seven (7) years. The purpose of the collection of personal information is only for internal use.
             2. they have been informed by After Hours Plumbing Melbourne that personal information about them may be disclosed to or acquired from a credit reporting agency.
             3. if they require further information regarding After Hours Plumbing Melbourne Privacy Policy they may obtain same by providing notice to After Hours Plumbing Melbourne.
       2. The Customer hereby agrees:
          1. 1. That After Hours Plumbing Melbourne may contact any trade references or other credit references at any time whether now or in the future for the purpose of assessing credit worthiness.
             2. To After Hours Plumbing Melbourne receiving from any other credit provider or providing to any credit provider any information whether by way of report record or otherwise relating to credit worthiness for the purposes of exchanging information, assessing credit worthiness and notification of default at any time whether now or in the future.
             3. To After Hours Plumbing Melbourne obtaining from a credit reporting agency a credit report on the Customer for the purposes of assessing any credit application and the Customer further consents to After Hours Plumbing Melbourne obtaining such reports from time to time for the purposes of assessing credit worthiness during the continuance of credit provision.
             4. To After Hours Plumbing Melbourne obtaining from a business which provides credit information a report or information in relation to the Customer’s commercial credit worthiness or commercial dealings and using such information for the purpose of assessing the Customer’s application for credit.
             5. That, in the event of default of payment of any of their debts, After Hours Plumbing Melbourne may disclose all information relating to the Customer’s account to its collection agency for the purpose of receiving any or all amounts outstanding.
18. General
    1. If any clause or part thereof of these Terms and Conditions is invalid or not enforceable in accordance with its terms, all other terms or parts thereof which are self-sustained and capable of separate enforcement without regard to the invalid or unenforceable clause or part thereof is and will continue to be valid and enforceable in accordance with its term.
    2. The Customer agrees that these Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria and the Customer and After Hours Plumbing Melbourne submits to the non-exclusive jurisdiction of the Courts of the State of Victoria.
    3. Subject to other clauses in these Terms and Conditions and implied provisions, will not be liable whatsoever to the Customer for any indirect, consequential loss or expense (including loss of profit) suffered by the Customer arising out of a breach by After Hours Plumbing Melbourne of these Terms and Conditions. In the alternative, After Hours Plumbing Melbourne’s liability will be limited to damages not exceeding the contract sum of the order.
    4. After Hours Plumbing Melbourne may assign all or any part of its rights and obligations without the Customer’s consent.