Terms and conditions

1. INTERPRETATION

1.1 In these terms and conditions:

• (a) “We,” “us,” or “the Company” refers to Intuitive Plumbing PTY LTD.
• (b) “You” or “Customer” refers to the individual or entity specified in the Agreement, including any person acting on behalf of or in the course of their employment with the Customer.
• (c) “Goods” means the items the Customer is required to purchase and supply to complete the services.
• (d) “Services” refers to both the goods and services the Company will provide to the Customer.
• (e) “Agreement” means the contract between the Company and the Customer for providing Services.

2. SUPPLY

• 2.1 You will purchase and we will supply goods and services to you under these terms and conditions, though we are not obligated to fulfil any request for supply.
• 2.2 Any additions or amendments to these terms must be in writing and signed by us.

3. QUOTATIONS AND ORDERS

• 3.1 The other party agrees that the quotation for the works is subject to:
  • (a) Variations in the pricing of goods used in the works;
  • (b) Substitution of goods due to availability issues;
  • (c) Availability of trades or subcontractors;
  • (d) Delays caused by factors beyond the Company’s control;
  • (e) Site variations that complicate the plumbing works;
  • (f) Undisclosed information about the site or the works;
  • (g) Requested variations to the works or variations required by site conditions or applicable laws and regulations.

4. GST

• 4.1 All Goods and Services are subject to Goods and Services Tax (GST).

5. PAYMENT

• 5.1 Except as provided in clause 5.2, the Customer must pay for all goods and services in advance or upon delivery.
• 5.2 Payment is due within 7 days for approved account holders unless longer terms have been previously agreed upon in writing. The Company may require a deposit of up to 50% and is not obligated to commence work until the deposit is paid.
• 5.3 Payments can be made via Visa or MasterCard, with an applicable handling fee.
• 5.4 If you fail to pay as required:
  • (a) A late payment fee of 2.5% plus GST may be charged.
  • (b) Interest may be charged on debts at 4% above the rate specified in the Penalty Interest Rates Act (Vic).
  • (c) Dishonour fees may apply for returned cheques.
  • (d) Collection costs, including legal expenses, will be recovered.
  • (e) Supply of goods and services may be withheld.
• 5.5 Our forbearance in charging any fees does not waive our right to do so in the future.

6. RISK IN THE GOODS

• 6.1 Risk of loss or damage to the Goods transfers to you immediately upon delivery or collection.

7. PLUMBING WORKS

• 7.1 You must provide the Company with all necessary preliminary access and information about the premises.
• 7.2 The Company is contracted to carry out the works described in the work orders or quotations.
• 7.3 If no specific goods are named, the Company will supply goods as it deems appropriate.

8. CLAIMS AND LIABILITIES

• 8.1 Subject to the Australian Consumer Act, any claims regarding the services must be made in writing within seven days of completion.
• 8.2 Failure to notify us within this period means the service is deemed compliant with the work order or quotation.
• 8.3 The Act’s conditions and warranties are not excluded, restricted, or modified by these terms.
• 8.4 If we breach a condition or warranty implied by the Act, our liability is limited to:
  • (a) Re-supply of the defective goods or services;
  • (b) A refund of the price paid.
• 8.5 To the fullest extent permitted by law, we are not liable for any injury, death, loss, or damage arising from any act or omission, including our negligence.
• 8.6 We are not responsible for non-delivery or delays due to causes beyond our control.

9. RETENTION OF TITLE

• 9.1 Ownership of the goods remains with us until:
  • (a) Full payment for the goods; and
  • (b) Full payment of all other monies owed by you to us.
• 9.2 You hold the goods as our bailee and fiduciary agent.
• 9.3 We retain ownership of any new goods or objects formed by transforming our goods.
• 9.4 Proceeds from the disposal of goods must be held in trust for us.
• 9.5 Our employees or agents may enter your premises to inspect or recover the goods.

10. CHARGE

• 10.1 You charge in our favour:
  • (a) Any land you own as security for monies owed to us, allowing us to register a caveat if you default.
  • (b) All personal property, including stock and equipment, as security for any monies owed, allowing us to register a charge if you default.

11. SETOFF

• 11.1 We may set off any amount owed to you against any amount you owe us.
• 11.2 You are not entitled to withhold payment due to any claim or setoff against us.

12. ACTS OF DEFAULT

• 12.1 If you fail to pay on the due date, we may sue for the price of goods and services.
• 12.2 If you:
  • (a) Fail to pay on the due date;
  • (b) Breach this Agreement and fail to rectify within 7 days;
  • (c) Cancel delivery of goods;
  • (d) Commit an act of bankruptcy;
  • (e) Have a trustee, receiver, or similar officer appointed;
  • (f) Have distress levied on your property;
  • (g) As a company, commence winding up proceedings or have a controller or similar officer appointed, we may enter your premises to reclaim goods.
• 12.3 We reserve the right to resell repossessed goods and terminate the Agreement.

13. GOVERNING LAW

• 13.1 This contract is governed by the laws of Victoria. Both parties submit to the exclusive jurisdiction of the Victorian Courts and Federal Courts sitting in Victoria.

14. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)

• 14.1 The Customer acknowledges and agrees:
  • (a) The goods are personal property under the PPSA.
  • (b) The Agreement constitutes a security agreement.
  • (c) The Company holds a PMSI in the goods and proceeds.
  • (d) The Company may register the PMSI on the PPSR.
  • (e) The Customer will provide necessary information for registration.
  • (f) The Customer will not change its name or details without notifying the Company.
  • (g) The Customer will pay the costs of registration.

15. NOTICE OF WAIVER OF RIGHT TO VERIFICATION STATEMENT

• 15.1 The Customer acknowledges:
  • (a) The Company may apply to register a Financing Statement or Change Statement.
  • (b) The Registrar will issue a Verification Statement to the Company.
  • (c) The Customer waives the right to receive notice of the Verification Statement.

16. CESSATION OF SUPPLY

• 16.1 Our agreement to supply goods and services is conditional upon being satisfied with your ability to pay and comply with these terms. If we are not satisfied, we may suspend or terminate supply without liability.

17. SEVERANCE

• 17.1 If any part of these terms is deemed void or unlawful, the remaining terms will continue to be enforceable.

18. WHOLE AGREEMENT

• 18.1 These terms represent the entire agreement between the parties, excluding all previous dealings, representations, and arrangements.

19. SAFETY

• 19.1 You warrant to provide safe and appropriate access to the premises and site.

20. RETURNS

• 20.1 The Company is not obligated to accept returns but may do so at its discretion.

21. RESALES

• 21.1 Any recommended retail price set by the Company is a recommendation only and not obligatory.

22. FORCE MAJEURE

• 22.1 The Company is not liable for failure to perform obligations due to causes beyond its control, including natural disasters, industrial disputes, and government restrictions.

23. WAIVER

• 23.1 Failure by the Company to enforce any terms does not waive our right to enforce them in the future. Only authorised personnel can waive a breach.

24. INTELLECTUAL PROPERTY

• 24.1 The Customer shall keep all information from the Company confidential except as necessary to use the supplies or as required by law. All intellectual property remains with the Company.

25. SUB-CONTRACT

• 25.1 The Company may subcontract any rights or obligations without the Customer’s consent.

26. PRIVACY

• 26.1 The Company may collect personal information to provide goods and services and for marketing purposes unless otherwise instructed.
• 26.2 The Customer must inform individuals if their personal information is provided to the Company.
• 26.3 Personal information may be disclosed to agents and contractors bound by confidentiality.
• 26.4 Failure to provide personal information may result in the Company being unable to provide goods and services.
• 26.5 The Customer consents to receiving electronic messages for account administration and marketing purposes.

27. RESTOCKING FEE

• 27.1 The customer is responsible for payment of any restocking fee that may apply on any items should a job be cancelled by the client or if the job is unable to be completed once a quote has been accepted.