Our Terms & Conditions
1. PRICES
All prices are quoted on the basis of labour, fixtures, and materials at the date of quotation, and are valid for a period of 21 Days.
2. VARIATIONS
All extras or alterations not included in the quotation shall be requested in writing and the cost of same agreed by the Client in writing before the Contractor is required to commence work on such extras or alterations.
3. ALTERATIONS TO CONDITIONS
Any alteration or variation in these conditions agreed to by the Contractor and the Client shall be binding on the parties only if in writing and signed by them.
4. REMOVAL OF MATERIALS
Any materials removed from the Client’s premises in connection with the work authorised in agreement and not re-used on the job shall be the property of the Contractor unless otherwise agreed.
5. DEFECTS IN EXISTING INSTALLATION
Should the Contractor in the course of any work authorised, discover any defect in any part of the premises or the existing installation therein or connection thereto which makes impractible or inexpedient for him to continue his work under this contract without repairing or replacing any part of the said premises or installation or connection (and the Contractor shall be the sole judge thereof). The Contractor shall be entitled to suspend work in the job and shall immediately notify the Client thereof and submit the price of such additional work and if the Client shall fail to sign authority for the Contractor to carry out the same this Contract shall be deemed at an end and the Contractor shall be entitled to payment for all work done and materials used to date of suspension of the work anything to the contrary herein before contained notwithstanding.
6. DEFECTIVE FOUNDATIONS ETC.
The Contractor shall not be liable for any loss or damage resulting from insufficient or defective foundations, walls or other structure not erected by the Contractor.
7. TREE ROOTS AND MADE UP GROUND
This quotation does not cover concreting or other special treatment of drains on account of proximity of trees, made up ground or other causes. If concreting or the use of cast iron is ordered by any competent Authority, Local Authority Inspector or person authorised by an Authority an additional charge calculated at the rate appearing on the original quote per lineal metre of drain so treated will be made. In the case of tree roots the removal of the offending trees shall be at the discretion of the owner. Cost of removal will be an extra to this Quotation.
8. ROCK AND REEF
This quotation does not cover the removal by mechanical means or blasting of rock or reef which may be encountered in the course of excavation. Should this eventuate an additional charge calculated at the rate appearing on the original quotation per cubic metre of rock or reef actually removed will be made. Such reef or rock will be measured and agreed with the Client or his representative prior to the backfilling of the excavations. The cost of removal of surplus rock from the site is not included in this price.
9. EXISTING SERVICES
For the purpose of this quotation it is assumed the existing services are in good order. The reinstatement of said services cut or damaged during the course of these works is included in the price but any extensive renewal for other reasons will be charged extra. Any damage to exiting utility services not located by the client and not able to be reasonably located by the Contractor will be repaired at the Clients cost and is not included in this quotation.
10. EXTRA WORK ARISING OUT OF EXISTING INSTALLATIONS
For the purpose of this quotation it is assumed that existing installations comply with Statutory Regulations. Any work additional to the work to be performed ordered by any competent Authority, Local Authority Inspector or person authorised by an Authority will be charged as an extra.
11. REMOVAL OF SOIL
Surplus excavated material will be stacked neatly in heaps in positions convenient for topping up trenches after subsidence. If removal from the site is demanded an additional charge for this service will be made.
12. CLIENT’S MATERIALS
If any fixtures, fittings, or materials are supplied by the client all care will be taken but fixtures, fittings and materials so supplied will be stored, handled and installed only at the risk of the client.
13. SUSPENSION IN DEFAULT OF PAYMENT
Without prejudice to any other rights of the Contractor, where the Client fails to make any payments due hereunder on the due dates the Contractor shall be entitled to suspend the works until the payment is made and if default continues for a period of 7 (seven) days thereafter The Contractor shall be entitled to determine the contract and in addition to any other rights which may be conferred upon him at law or at equity shall be paid for work and labour dine and materials supplied to the date of the suspension.
14. COMPLETION AND DELAYS
The Contractor agrees to complete all works authorised in a good and workmanlike manner s soon as is reasonable practicable and whether or not a definite date for completion has been quoted shall not be responsible for any delay in completion or damage occasioned directly or indirectly by weather conditions, labour disputes, accidents, fire, Act of God, Civil Riots, shortages of material or difficulty of securing labour or any other cause beyond the reasonable, practicable control of the Contractor.
15. TITLE TO MATERIALS AND EQUIPMENT
(a) Title to materials and equipment shall remain the Subcontractor until the full purchase price and all other sums payable by the Builder and or owner to the Subcontractor in respect of materials and equipment are paid in full
(b) While Title to materials and equipment remains in the Subcontractor the Builder/Owner shall hold same only as a bailee to the Subcontractor
(c) Until such time as the Builder/Owner pays to the Subcontractor the full purchase price, materials and equipment belonging to the Subcontractor are required to be stored in such a way to demonstrate they are clearly the property of the Subcontractor
(d) The Builder/Owner shall not use or incorporate the Subcontractor’s materials and equipment in any construction or sell, ease or otherwise dispose of same until and unless the Builder/Owner has paid to the Subcontractor the full purchase price of the materials and equipment, or paid in full the progress claims in which the same are identified
(e) Payment of the full purchase price of materials and equipment shall at the Contractors opinion, become immediately due and payable upon the commencement of any act or proceeding involving the Builder’s insolvency, bankruptcy, receivership, winding- up, dissolution or placement under official management, or committing any other act of bankruptcy or its equivalent if a company
(f) Whilst acting as Bailee, the Builder shall not, except with the prior consent of the Subcontractor and subject to the above provisions, return materials and equipment to the Subcontractor. If after the due delivery date materials and equipment remains in, or is returned to the possession of the Subcontractor, the Builder/Owner shall pay such an amount for storage and any other handling charges as the Subcontractor may determine
SETTLEMENT OF DISPUTES
In the event of a dispute of difference arising between the Client and Contractor relating to any work performed or to be performed or by other matter relevant to this contract, such dispute or difference shall (unless resolved by the Client) be resolved as follows:-
(a) In respect of a dispute, where the contract value is below $1000.00 the matter shall be referred to the Master Plumbers Association Of Queensland for mediation
(b) In respect of any dispute, where the contract value is over $1000.00, such dispute or difference shall be referred to the Queensland Building Services Authority Dispute Resolution Unit and the parties agree to e bound by the procedures set forth in the Queensland Building Services Act 1998.
(c) Provided prior agreement has been reached, and is noted on this agreement, the dispute may be referred to mediation by a mediator appointed by the Queensland Chapter of the Institute of Arbitrators.
If the contractor is not paid for any of the goods and/or services supplied on the due date specified in any invoices sent to the Client pursuant to this contract, without prejudice to any other right or remedy, all outstanding monies shall bear interest on daily balances until paid at the Reserve Bank official interest rate plus 10% and such money together with all interest shall be recoverable forthwith from the Client.