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Illinois Plumbing Terms and Conditions
1. Definitions
1.1 “Client” means the Client named in this Quote and includes any of their agents, successors, and assigns.
1.2 “Contract” means this Quote and these Conditions.
1.3 “Goods” means all materials provided by Illinois Plumbing to the Client in the course of carrying out the Work.
1.4 “Price” means the price of the Work noted in this Quote, subject to the terms of this Contract.
1.5 “Illinois Plumbing” means Illinois Plumbing and includes any of its subcontractors, servants, agents, successors and assigns.
1.6 “Illinois Plumbing Equipment” means all tools, materials, plant, vehicles and other equipment owned or in the possession or control of Illinois Plumbing, used by it in the course of carrying out the Work.
1.7 “Work” means the work carried out by Illinois Plumbing for the Client pursuant to this Contract.
1.8 “Work Site” means the place where the Work is carried out as noted in this Quote.
2. Variations/Additional Work
2.1 In the event that the Client or Illinois Plumbing requests a variation to the Work, or requests that additional work be carried out, then;
(a) Illinois Plumbing will advise the Client of the cost of the variation or additional work, and any change to the estimated date for completion of the Work, which may be accepted or declined by the Client; and
(b) The cost arising from an agreed variation or additional work will be added to the Price of the Work.
2.2 The Client acknowledges and agrees that, in the event of difficulties with the Work Site which are only discovered after the Work has commenced, Illinois Plumbing is authorized to carry out any additional work which it considers necessary for the safe and satisfactory completion of the Work, without needing to comply with clause 2.1 above, which shall be treated as a variation. In the absence of any agreement to the contrary, Illinois Plumbing shall be entitled to charge for such variation an amount which it considers reasonable in its discretion.
2.3 The Client acknowledges that in rare cases, Illinois Plumbing’s jetting machine equipment and nozzles may break or get caught in lines at the Work Site. In such cases the Client agrees that Illinois Plumbing is authorized to carry out additional work to resolve the issue, without needing to comply with clause 2.1 above, and the Client shall be liable for the cost of any replacement and/or labor charges involved. The Client shall also be liable for any costs which arise in connection with lines or pipes at the Work Site which are found to be defective.
3. Price
3.1 The Price of the Work shall be as noted in this Quote, subject to any variations in accordance with the terms of this Contract.
3.2 Goods and Services Tax and any other taxes and duties that may be applicable shall be charged in addition, except where expressly stated to be included in the Price.
3.3 A maximum of one special offer or discount (including any pension discount) can be applied to each Illinois Plumbing quote.
3.4 The Client acknowledges that Illinois Plumbing will incur time and cost in relation to the Work from the date this Contract is entered into, and is entitled to be paid all amounts due as invoiced, notwithstanding that the Work may not yet have been carried out. Without limiting the above, the Client acknowledges that;
(a) Illinois Plumbing will charge a 10% non-refundable deposit which must be paid prior to the Work commencing;
(b) If the Work requires the pre-ordering of materials, additional progress payments may be required;
(c) The Work will be invoiced daily and the payment terms are strictly cash on delivery, unless alternative arrangements have been agreed with Illinois Plumbing in advance;
(d) There will be no retention sum or other amount deducted from the payments to be made by the Client.
3.5 Whilst Illinois Plumbing will take reasonable care in carrying out the Work to reduce disruption to nearby surfaces, turf and plants etc, the necessity to store materials and the actions required in performing the Work
may result in some disturbance. The Price does not include any restoration or repair work, except where expressly stated to be included in the Price.
3.6 Whilst Illinois Plumbing will take reasonable care to avoid any damage to services, this may occur during the carrying out of Work including but not limited to digging, saw cutting and drilling through concrete. Illinois Plumbing does not accept any responsibility for damage to services and the Price does not include any rectification work, except where expressly stated to be included in the Price.
4. Client Responsibilities
4.1 Prior to the Work being commenced, the Client must move any personal or other property from the Work Site which may impede Illinois Plumbing carrying out the Work.
4.2 The Client must provide unrestricted access to the Work Site for Illinois Plumbing during the agreed timeframe for the Work to be carried out. The Client shall be responsible for any loss or damage suffered by Illinois Plumbing as a result of any delay in the progress of the Work beyond Illinois Plumbing’s control caused by any act, default or omission on the part of the Client.
4.3 The Client shall be responsible for taking care of Illinois Plumbing Equipment and Goods when on the Work Site or otherwise in the Client’s possession or control, including but not limited to ensuring that same are kept safely and securely and protected from theft, misuse, loss or damage. The Client shall be responsible for all loss and/or damage to Illinois Plumbing Equipment and/or Goods when on the Work Site or in the Client’s possession or control whatsoever and howsoever arising.
5. Illinois Plumbing Responsibilities
5.1 Illinois Plumbing will use appropriately qualified tradespeople, instructed to carry out work in accordance with Workplace Health & Safety regulations.
5.2 Illinois Plumbing shall carry out the Work in accordance with the Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979 including any instrument made under that Act), all other relevant codes, standards and specifications that the work is required to comply with under any law, and the conditions of any relevant development consent or complying development certificate and any construction certificate; provided that Illinois Plumbing shall not be held responsible if the Work does not so comply in circumstances where;
(a) The failure to comply relates solely to a design or specification prepared by or on behalf of the Client; and/or
(b) The failure to comply relates solely to a design or specification requested by the Client, where Illinois Plumbing has advised the Client in writing of the failure to comply.
6. Ownership of Equipment and Goods
6.1 The Client agrees that legal and equitable title to Illinois Plumbing Equipment remains with Illinois Plumbing at all times. The Client acknowledges and agrees that they;
(a) Hold Illinois Plumbing Equipment as the bailee and agent of Illinois Plumbing;
(b) Must not create or allow to be created any security interest or any other form of encumbrance over Illinois Plumbing Equipment which is inconsistent with Illinois Plumbing’s title to that equipment; and
(c) May not claim any lien or interest in Illinois Plumbing Equipment to secure any liquidated or unliquidated debt or obligation that Illinois Plumbing is alleged to owe to the Client.
6.2 The Client agrees that legal and equitable title to the Goods provided remains with Illinois Plumbing until the Client has made full payment of all monies owing to Illinois Plumbing in accordance with this Contract.
7. Completion
Illinois Plumbing shall use its best efforts to complete the Work in a reasonable timeframe and by the date (if any) noted in this Quote, but shall not be held responsible for any delays, including but not limited to delays due to access to the Work Site, availability of materials and inclement weather.
8. Defects
8.1 The Client shall inspect the Work upon completion and shall within 7 days notify Illinois Plumbing in writing of any alleged defect, shortage in quantity of Goods, damage or failure to comply with the terms of this Contract.
The Client shall allow Illinois Plumbing an opportunity to inspect the Work within 14 days thereafter and rectify any defect which falls within Illinois Plumbing’s responsibility.
8.2 If the Client fails to follow the process set out in clause 8.1, then the Work shall be deemed to be free from any defect whatsoever.
9. Theft/Vandalism
Illinois Plumbing does not accept any responsibility for theft, vandalism or accidental damage caused to the Work by third parties.
10. Insurance
Illinois Plumbing has insurance cover relevant to the Work to be carried out and as required by law, including Workers Compensation Insurance and Public & Product Liability Insurance.
11. Subcontracting
Illinois Plumbing may license or subcontract all or any part of its rights and obligations pursuant to this Contract without any requirement to notify or obtain the Client’s consent.
12. Intellectual Property
12.1 The Client acknowledges and agrees that copyright in any creative works created by Illinois Plumbing in the course of carrying out the Work, including designs for the Work, shall remain vested in Illinois Plumbing. Subject to full payment of all monies owing pursuant to this Contract, Illinois Plumbing grants the Client a license to use all such creative works for the purpose of enjoying the benefit of the Work carried out.
12.2 The Client warrants that no design or instruction from the Client shall cause Illinois Plumbing to infringe the intellectual property rights of any third party.
13. Default
13.1 The Client shall be taken to have committed an act of “Default” if any one or more of the following occurs;
(a) The Client fails to make payment in accordance with clause 3;
(b) The Client fails to comply with their responsibilities pursuant to clause 4;
(c) The Client otherwise breaches this Contract and fails to rectify such breach within 7 days of being given notice to do so;
(d) The Client commits an act of bankruptcy.
13.2 The Client agrees that if it commits an act of Default, Illinois Plumbing is entitled to;
(a) Immediately terminate this Contract;
(b) Immediately repossess all items of Illinois Plumbing and any Goods to which title has not passed;
(c) Charge interest on all amounts outstanding at the rate of 10% per annum, calculated on a daily basis from the date of invoice up to and including the date of payment; and
(d) Recover all costs and expenses incurred in trying to obtain payment of amounts outstanding, including check dishonor fees, bank fees, court costs and legal costs on an indemnity basis.
13.3 The Client irrevocably permits Illinois Plumbing, upon giving reasonable notice, to enter the Work Site or premises where Illinois Plumbing Equipment and/or Goods are reasonably believed to be held on the Client’s behalf for the purpose of examining or recovering Illinois Plumbing Equipment and/or Goods.
13.4 The Client agrees to indemnify and hold Illinois Plumbing harmless for all loss and damage incurred directly or indirectly as a result of any act of Default, including any costs of removal, enforcement and any legal action in respect of the examination and/or recover of Illinois Plumbing Equipment and/or Goods, on an indemnity basis.
14. Force Majeure
14.1 For the purpose of this Contract an event of “force majeure” means an event or circumstance which is beyond the control and without the fault or negligence of Illinois Plumbing.
14.2 Illinois Plumbing shall not be held responsible for any delay or failure to carry out the Work if it is prevented or delayed in performing its obligations by an event of force majeure.
15. Warranties
15.1 In the course of carrying out the Work, Illinois Plumbing may provide Goods to the Client. The Client acknowledges that, to the maximum extent permitted by law, Illinois Plumbing does not provide any warranty in relation to such Goods and only the warranty provided by the manufacturer (such as may exist) shall apply. The Client agrees to allow Illinois Plumbing reasonable time to pursue such warranty claims as may be available, and the Client shall be responsible for all labor costs with regard to any replaced Goods.
15.2 All warranties and conditions which may by law be excluded are expressly excluded. Where such warranties or conditions cannot be excluded, modified or restricted, Illinois Plumbing’s liability will be limited, at its option, to;
(a) In the case of goods: the repair of the goods, the replacement of the goods or resupply of equivalent goods, or payment of the reasonable cost of repairing the goods.
(b) In the case of services: the resupply of the services, or payment of the reasonable cost of resupplying the services.
16. Limitation of Liability
16.1 To the maximum extent permitted by law, Illinois Plumbing shall not be liable to the Client or any third party under any circumstances for loss of profit, interruption to business, injury or death to any person, or for any indirect, incidental or consequential loss and damage sustained or incurred by the Client, whether such liability arises directly or indirectly as a result of any breach by Illinois Plumbing of its obligations under this Contract; the supply, performance or use of any goods or services; or any negligent act or omission or willful misconduct on the part of Illinois Plumbing.
16.2 The Client shall fully and completely indemnify Illinois Plumbing in respect of all claims, actions, demands, suits, loss and/or damages sustained by any person or party whatsoever for injury to any person(s) and/or property caused by or in connection with or arising out of Illinois Plumbing carrying out the Work for the Client or in the carrying out of this Contract whether caused by any negligent act or omission or willful misconduct on the part of Illinois Plumbing or otherwise, and in respect of all costs and charges in connection therewith whether arising under statute or common law.
17. Severance and Waiver
17.1 If any part of this Contract is found to be void, unlawful or unenforceable, then that part will be deemed to be severed from the Contract and the severed part will not affect the validity and enforceability of any remaining provisions.
17.2 Any failure by Illinois Plumbing to enforce any of the provisions of this Contract shall not be construed as a waiver of such provision or any other provision hereof unless expressly in writing and signed by an authorized representative of Illinois Plumbing.
18. Amendment
Illinois Plumbing reserves the right to amend this Contract by giving the Client 7 days notice in writing.
19. Entire Agreement
This Contract supersedes all prior agreements, arrangements or misunderstandings (whether written or verbal) between the parties with respect to the subject matter of this Contract.
20. Jurisdiction
This Contract shall be deemed to have been made in New South Wales and shall be interpreted in accordance with the laws of New South Wales, Australia.
21. Joint and Several Liability
Any covenant, undertaking or agreement in this Contract given or entered into by two or more persons binds any two or more of them jointly and each of them severally.
22. Notice
22.1 Any notice required to be served by one party on another party pursuant to this Contract may be served by giving it to the party personally, leaving it at the party’s address, or sending it by registered post to the party’s address.
22.2 For the purposes of Sections 9 and 10 of the Electronic Transactions Act 1999 (Cth) and Sections 8 and 9 of the Electronic Transactions Act 2000 (NSW), the parties consent and agree that any notice or signature required or permitted to be given in writing pursuant to this Contract can be given electronically, provided that it complies with that legislation as applicable.
22.3 A communication is deemed to be received by a party when handed to the party or left at the party’s address and, in the case of email, at the time and on the day shown in an electronic confirmation of delivery obtained by the sender. A communication given by registered post is to be taken to be received on the third business day after posting.
23. Dispute Resolution
In the event of a dispute, the parties agree to attempt to settle the dispute by engaging in good faith negotiations with the other before contacting any third party for assistance or commencing arbitration or litigation.