Preamble: While the clauses and stipulations articulated in these Terms and Conditions delineate the rights and obligations of the parties, Prime Plumb PTY LTD reserves the discretion to enforce or waive any provision herein at any given time, contingent upon the unique circumstances of each transaction or engagement.
1. DEFINITIONS
1.1. “Prime Plumb PTY LTD”, hereinafter referred to as “The Company”, denotes the service provider.
1.2. “Customer” represents the individual or entity engaging in a transaction for services with The Company.
2. ACCEPTANCE OF TERMS
2.1. By rendering a deposit, expressing verbal approval, or dispatching communication signaling agreement such as but not limited to “go ahead”, “when are you free”, or “what’s your next available date”, the Customer unequivocally acknowledges and subscribes to these Terms and Conditions. The act of physical signature is not the exclusive avenue for expressing consent.
3. PAYMENT
3.1. The Customer commits to compensating the total amount delineated in the quotation provided by The Company.
3.2. Compensation for services rendered is exigible upon the culmination of the work unless previously agreed upon in writing.
4. ACCESS AND SAFETY
4.1. The Customer is mandated to guarantee safe and unhindered access to the worksite. This entails the provision of essential safety apparatuses such as scaffolding, guard rails, vertical lifts, and any other necessary measures in adherence with the prevailing WorkCover regulations.
4.2. The Customer is accountable for ensuring the worksite abides by all legislative safety standards to protect all stakeholders.
5. SERVICES RENDERED
5.1. The Company’s obligation is circumscribed to the installation of appliances delineated in the official quotation. This encompasses elementary components like screws, silicone, and a dektite, as deemed necessary.
5.2. If flues are not provisioned by the Customer, The Company can supply them upon solicitation. Any expenses correlated with such provisions will be invoiced upon delivery to the appointed location.
6. ADDITIONAL REQUIREMENTS
6.1. Plumbing professionals assigned to the worksite are mandated to strategically position a copper tail at the center of the designated appliance location. The primary gas conduit feeding this copper tail must be oriented off-center to obviate interference with the flue’s culmination.
7. NON-COMPLIANCE AND FALSE STARTS
7.1. Discrepancies in materials, unforeseen obstructions, or deviations from the stipulated manufacturer’s protocols that precipitate delays or complications will invoke a false start fee of $500+ GST.
7.2. A “false start” is characterized by any circumstance or occurrence that inhibits The Company from fulfilling or completing the task on the mutually agreed upon date.
8. REVIEWS AND DAMAGES
8.1. The Company is resolutely committed to executing services with optimal precision and care. However, any inadvertent damages ensuing during the course of work are exempt from The Company’s liabilities.
8.2. The Company reserves the prerogative to initiate legal proceedings in instances where it discerns that spurious or defamatory reviews are being promulgated.
9. LIABILITY
9.1. Any claims or grievances emerging from services proffered must be formally articulated within a 30-day window post the completion of the service.
9.2. The extent of The Company’s liability is constricted to the expenditure incurred on materials explicitly enumerated, viz., screws, silicone, and dektite.
10. MATERIALS AND EQUIPMENT SUPPLIED
10.1. Unless expressly articulated, any materials or tools provided by The Company are accompanied solely by the manufacturer’s standard warranty. The Company disclaims liability for any anomalies or malfunctions beyond its direct purview.
11. CANCELLATION AND REFUND POLICY
11.1. Job cancellations by the Customer within a 48-hour timeframe prior to the commencement of the services are non-refundable. If the cancellation is effected within a week but beyond 48 hours of the service start date, the Customer is entitled to a 50% refund of the total service fee. Cancellations made more than a week in advance qualify for a full refund, provided the Company hasn’t committed to supplying materials specific to the job. In cases where such materials were arranged, the terms of clause 11.2 will apply.
11.2. In instances where the Customer returns materials procured for the job, a refund is permissible but will be subjected to a 50% deduction. This reduction accounts for the delivery, handling, restocking, and return logistics associated with these materials.
12. FORCE MAJEURE
12.1. Neither The Company nor the Customer shall be deemed in breach of this agreement if they are incapacitated from fulfilling their obligations due to unforeseen events such as natural disasters, acts of God, civil unrest, illness, workers attending trade school, adverse weather conditions including rain, or any other circumstances beyond their immediate control.
13. INDEMNIFICATION
13.1. The Customer is obligated to indemnify and absolve Prime Plumb PTY LTD of any pecuniary or reputational liabilities stemming from the mishandling or misuse of appliances or systems installed, whether by the Customer or any third-party affiliates.
14. RIGHT TO REFUSE SERVICE
14.1. Prime Plumb PTY LTD reserves the unassailable right to decline service for reasons not restricted to safety apprehensions, unsatisfactory site conditions, or any demeanor by the Customer that The Company construes as inappropriate or disruptive.
14.2. In instances where The Company’s personnel or any of its associated workers perceive a tangible threat or feel jeopardized, the full installation price will still be exigible by The Company. Despite the payment, The Company will opt to withdraw from the premises and desist from further execution of the contracted job.
15. PUBLICITY
15.1. The Company retains the privilege to utilize imagery or descriptions of completed projects for promotional or marketing purposes unless expressly forbidden by the Customer.