Preamble: The provisions outlined in these Terms and Conditions establish the contractual obligations and rights between Prime Plumb PTY LTD (“The Company”) and its customers (“Customer”). The Company reserves the right to enforce or waive any clause contained herein at its sole discretion, depending on the specific circumstances of each transaction or engagement.
1. Definitions:
1.1 “The Company” refers to Prime Plumb PTY LTD, the entity providing services under these Terms and Conditions.
1.2 “Customer” denotes any individual or entity that enters into a service agreement with The Company.
2. Acceptance of Terms:
2.1 Consent to these Terms and Conditions is confirmed through actions such as making a deposit, verbal consent, or any form of communication indicating agreement, including expressions like “go ahead,” “when are you free,” or “what’s your next available date.” These actions constitute binding acceptance, with a physical signature not being the sole means of agreement.
3. Payment:
3.1 The Customer agrees to remit payment for services as detailed in the provided quotation by The Company.
3.2 Payment is due upon completion of services unless an alternative arrangement has been agreed upon in writing.
4. Access and Safety:
4.1 The Customer must ensure safe and unobstructed access to the worksite, including necessary safety measures compliant with current WorkCover regulations.
4.2 The Customer bears responsibility for maintaining a worksite that meets all legal safety standards, safeguarding all involved parties.
5. Services Rendered:
5.1 The Company’s services are limited to the scope defined in the official quotation, including basic installation materials as necessary.
5.2 Upon request, The Company can provide additional components such as flues, with associated costs billed upon delivery.
6. Additional Requirements:
6.1 Installation technicians will position a copper tail centrally at the appliance location, ensuring the main gas line does not interfere with the flue installation.
7. Service Interruption and False Start Fee:
7.1 If The Company is unable to commence or complete an installation or service due to material discrepancies, unforeseen site conditions, deviations from specified manufacturer protocols, or site unpreparedness for fireplace installations, a Service Interruption Fee will be imposed to cover the costs associated with the mobilization of the installation team, preparation efforts, and the need to reschedule the service.
7.2 For fireplace installations within the Central Business District (CBD) or the Mornington area, the Interruption Fee starts at $350+GST, subject to adjustment based on distance and specific interruption reasons.
7.3 A “False Start” is characterized by any condition preventing The Company from performing the scheduled task, with the applicable fee determined by The Company based on the nature of the interruption.
7.4 Customers are responsible for ensuring site preparation requirements communicated by The Company are met prior to the scheduled service date to avoid the Service Interruption Fee.
8. Reviews and Damages:
8.1 The Company strives for excellence but is not liable for incidental damages during service execution.
8.2 Legal action may be pursued against baseless or defamatory reviews.
9. Liability:
9.1 Claims related to service quality must be submitted within 30 days post-service completion.
9.2 Liability is limited to costs of specified materials.
10. Materials and Equipment:
10.1 Materials and equipment provided by The Company are subject to the manufacturer’s warranty, with The Company disclaiming further liability.
11. Cancellation and Refund Policy:
11.1 Cancellations within 48 hours of service commencement are non-refundable. Cancellations made within a week but more than 48 hours before service start may receive a 50% refund. Cancellations made over a week in advance are fully refundable, barring any pre-ordered materials, which are subject to a 50% restocking fee.
12. Force Majeure:
12.1 Neither party is liable for failure to perform obligations due to events beyond their control, such as natural disasters, civil unrest, or adverse weather.
13. Indemnification:
13.1 The Customer shall indemnify The Company against liabilities arising from misuse or mishandling of installed systems.
14. Right to Refuse Service:
14.1 The Company reserves the right to refuse service based on safety concerns, unsatisfactory site conditions, or customer conduct deemed inappropriate.
14.2 Full payment is required even if service is terminated due to safety concerns or perceived threats by The Company’s personnel.
15. Publicity:
15.1 The Company may use images or descriptions of projects for promotional purposes unless explicitly prohibited by the Customer.
16. Late Payment Penalty:
16.1 Late payments will incur a weekly fee of $50 until the balance is cleared, in addition to The Company’s other rights.
17. Ownership of Materials:
17.1 Notwithstanding the installation or supply of materials by Prime Plumb PTY LTD (“The Company”) to the Customer’s premises or site, all such materials shall remain the exclusive property of The Company until such time as the Customer has made full payment for the services rendered and materials supplied. This provision serves to protect The Company’s interests in the materials supplied, ensuring that ownership only transfers to the Customer upon complete settlement of the due amounts under the terms of the service agreement.
This clause clearly stipulates that all materials provided by The Company will remain its property until the Customer has fully paid for them, safeguarding The Company’s assets and interests.
18. Security of Payment:
18.1 This document constitutes a payment claim made under the Building and Construction Industry Security of Payment Act 2002 (Victoria). In the event of delayed payment, penalty rates will be applied seven days subsequent to the due date for payment, in accordance with Section 2 of the Penalty Interest Rates Act 1983. The penalty interest rate applied will be 10% per annum, calculated on the outstanding amount.
18.2 The imposition of penalty rates is intended to ensure timely payment and compliance with the statutory requirements, reinforcing The Company’s commitment to upholding the legal standards governing construction and building services.