“Company” means, in connection with the supply of any Goods and Services, B & H Services Pty Ltd (ACN 624 973 011) and its successors and assigns or any person acting on behalf of and with the authority of the Company, making the supply to Customer.
“Consequential Loss” means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise.
“Completion Date” means the date that the Company notifies the Customer that the supply and/or installation of the Goods and Services required by the Quote, is complete.
“Customer” means the party, including its employees, agents, subcontractors, permitted assignees, nominees or those acting on its behalf, placing the Order with the Company.
“Goods and Services” means any goods or services supplied by the Company, relating to the installation and maintenance of plumbing products and all related or ancillary goods and services, to the Customer from time to time.
“Loss” means any expense, cost or damage of any kind and includes Consequential Loss and a fine or penalty imposed by a statutory or other authority.
“Price” means the price for the Goods and Services to be paid by the Customer to the Company as set out in the Quote, Order, invoice or other document issued by the Company plus any service or merchant fees (where payment is made by credit card).
“Order” means an offer by a Customer to purchase Goods and Services from the Company and which is subject to these T&Cs.
“Quote” means the document provided by the Company to the Customer stating the Goods and Services offered to be supplied for the Price.
“Site” means a site where the Customer has advised the Company that the Goods and Services are to be installed or supplied from time to time.
“T&Cs” means these Terms and Conditions.
Singular words include the plural and vice versa. A mention of anything after include, includes or including, does not limit what else might be included.
2.1 Unless otherwise expressly agreed to in writing by the Company, these T&Cs apply, and the Customer is deemed to have accepted and is subject to these T&Cs, upon any request for a Quote from the Company, if the Customer places, and if the Company accepts, any Order from the Customer, if the Customer pays for an Order, or upon supply and/or installation of any of the Goods and Services, whichever occurs first.
2.2 These T&Cs shall at all times prevail over any other terms of the Customer, howsoever notified, and the application of any Customer or other terms is expressly excluded by these T&Cs.
2.3 These T&Cs may only be amended with the Company’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.
3.1 A Quote remains valid and open for acceptance for a period of 30 days from the date of the Quote unless a revised Quote is sent for the same Goods and Services.
3.2 The Quote is taken to have been exclusively accepted if the Customer places an Order for the Goods and Services.
3.3 If the Customer does not place an Order for the Goods and Services, after requesting a Quote, the Company may, in its sole discretion, charge a fixed fee of $300 (plus GST) to reflect the time spent by the Company in preparing the Quote. The Customer acknowledges this and hereby undertakes and agrees to pay the amount on receipt of an invoice from the Company for the same.
3.4 If noted on the Quote, a deposit of the Price must be paid on acceptance of the Quote with the balance payable in accordance with any invoice issued post Completion Date or in accordance with the Company’s request for payment under clause 5.1.
3.5 Any Quote issued by the Company contains estimates only and the Company shall not be bound by them, including to the extent of any error, inaccuracy, omission, changes in direct, indirect or 3rd party costs, or any changes as a result of changes by the Customer.
3.6 The Company reserves the right in its absolute discretion to reject, in whole or in part, any Order upon notice to the Customer.
3.7 Unless specifically allowed for in a Quote, the following are excluded and will be at additional cost and require an updated quote: Temporary fencing, cutting of concrete, equipment hire such as scissor lifts, boom lifts, trailer lifts, cherry pickers, cranes and/or forklifts, holes for timber fixing, temporary power to run welders and associated power tools.
4.1 At the Company’s sole discretion, the Price shall be either:
4.1.1 the Company’s quoted Price (subject to clause 4.2) which shall be binding upon the Company provided that the Customer accepts the Company’s quotation in writing in accordance with clause 3.1; or
4.1.2 as indicated on invoices provided by the Company to the Customer in respect of Goods and Services installed or supplied.
4.2 The Company reserves the right to change the Price:
4.2.1 if a variation to the Goods and Services which are to be supplied or installed is requested; or
4.2.2 if a variation to the Goods and Services originally scheduled (including any applicable plans or specifications) is requested; or
4.2.3 where additional Goods and Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, additional material, limitations to accessing the Site, prerequisite work by any third party not being completed or hidden services, etc) which are only discovered on or after commencement of supply and/or installation of any Goods and Services; or
4.2.4 in the event of increases to the Company in the cost of labour or materials which are beyond the Company’s control; or
4.2.5 if a variation is required to the original program dates due to any delays and/or actions on the part of the Customer.
4.2.6 in the case of genuine error.
4.3 Unless agreed in writing by the Company, the Price will be payable by the Customer on the dates determined by the Company, at the following milestones:
4.3.1 “Deposit” – If a deposit is required by the Quote, acceptance of a Quote and/or placing of an Order;
4.3.2 “Completion” – the Price, or balance of the Price if a deposit was paid, on the Completion Date or in accordance with the Company’s request for payment under clause 5.1
4.4 The Company’s invoices are payable:
4.4.1 7 days following the date of any invoice given to the Customer by the Company; or
4.4.2 Any alternate date agreed to by the Company in writing or on an invoice.
4.5 The Customer agrees and acknowledges that:
4.5.1 the Company will not commence any work related to the Goods and Services until the “Deposit” is paid in full.
4.5.2 The Customer agrees and acknowledges that the full balance of the Price will be due on the Completion Date and it must pay, without any deduction or setoff, the balance of the Price 7 days following the date of any invoice given to the Customer by the Company.
4.6 All Orders are subject to lead times and availability of product, personnel, materials and transport.
5.1 The Price will be payable by the Customer on the date/s determined by the Company and may be:
5.1.1 on the Completion Date;
5.1.2 following the installation and/or supply of the Goods and Services;
5.1.3 before the installation and/or supply of the Goods and Services;
5.1.4 by way of instalments in accordance with any payment schedule issued by the Company;
5.1.5 7 days following the date of any invoice given to the Customer by the Company;
5.2 Payment may be made by cash, EFT, credit card or by any other method as agreed to between the Customer and the Company. Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
5.3 Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with this Agreement are exclusive of GST and the Customer must pay all GST payable by the Company in connection with the supply and/or installation of the Goods and Services and any other taxes or charges.
6.1 No Order may be varied or cancelled except with the Company’s express written agreement and the Company reserves the right to recover all costs and expenses incurred by the Company due to such a change or cancellation (including legal costs on an indemnity basis).
6.2 Any purported variation to the Order, including for additional equipment or labour, required by the Customer, whether as a result of the provision of incorrect information, omission of pertinent information or any other reason outside the sole control of the Company, shall be deemed a variation to the Order and a new Quote will be issued for the variation.
6.3 Works on any Goods and Services will be suspended until the Customer either withdraws the purported variation to the Order or accepts the new Quote issued for the variation and pays the required amount under that Order. The Company is not liable for any Loss sustained by the Customer due to a suspension under this clause.
7.1 The Company’s ordinary hours of work are between 7.00 am and 5.00 pm on weekdays (not including Public Holidays) Any request for the supply and/or installation of Goods and Services outside these hours shall be at the sole discretion of the Company and will result in an additional charge and/or increased hourly rate, which will be as quoted at the time of the request.
7.2 The Customer accepts and acknowledges that a minimum after hours call out fee of $520.00 (plus GST) applies for any works undertaken by the Company outside of the hours provided in clause 7.1 and any charge over the minimum after hours call out fee will be advised by the Company to the Customer at the time of the call out.
8.1 The Customer acknowledges that all times quoted for delivery/installation are estimates only. The Company will not be liable for any Loss or damage or expense arising from the failure of the Company to deliver/install by a specific time or at all, and the Customer shall not be entitled to treat any Order or these T&Cs as repudiated.
8.2 Supply and/or installation times for Goods and Services are between the Company’s hours of work. Any request for the supply and/or installation of Goods and Services outside these hours shall be at the sole discretion of the Company and may result in an additional charge, which will be as quoted at the time of the request.
8.3 While supply and/or installation of the Goods and Services is being undertaken, the Customer must ensure that the Company has uninhibited access to the Site and access will be restricted to the Company and any emergency responders only.
8.4 Any Goods and Services sold on a ‘supply only’ basis, without installation by the Company, must be installed by a suitably qualified and licensed trades person as any installation by non-qualified or unlicensed trades persons may void the manufacturer’s warranty.
9.1 The Customer warrants to the Company that all specifications, required order quantities, stated requirements and other information (Specifications) provided to the Company are accurate and correct and suitable in all respects for the Customer’s intended use and the Company shall be entitled to rely on the Specifications in determining the nature, composition and quantities of the Goods and Services to be supplied and/or installed.
9.2 Unless otherwise agreed in writing, the Company, when giving the Quote or supplying and/or installing any Goods and Services will not be taken to have approved or have any responsibility for any Specification being suitable for any particular purpose and will not be liable for any loss, costs or delay resulting from any defects in or unsuitability of the Specification.
10.1 The Customer is required to, is solely responsible for and agrees to:
10.1.1 provide reasonable notice to the Company for supply and/or installation of the Goods and Services to allow materials to be ordered/prepared and jobs to be scheduled;
10.1.2 ensure that any other works at the Site are at the sufficient stage so as to be ready for the Company to supply and/or install the Goods and Services on the specified date.
10.1.3 ensure that the Company has clear and free access to the Site to enable it to supply and/or install the Goods and Services; and
10.1.4 supply accurate details to ensure that the Goods and Services ordered by the Customer and supplied by the Company are correct;
10.1.5 check and confirm the accuracy of the dimensions and details shown on the Quote.
10.1.6 ensure that any existing structure provided for the Goods and Services is constructed in accordance with all relevant legislation in force from time to time and any subordinate instructions, regulations, codes, by-laws and ordinances;
10.1.7 supply, erect and maintain any equipment which may be required by the Company and ensure that this equipment conforms to all appropriate Legislation, Regulation, Ordinance or similar, governing such equipment and procedures; and
10.1.8 ensure that any structures to which the Goods and Services are to be affixed are able to withstand and are suitable for the installation of the Goods and Services. If the Company forms the opinion that the Site is not safe or unsuitable for the installation of the Goods and Services to proceed then the Company shall be entitled to delay installation of the Goods and Services until the Company is satisfied that it is safe for the installation to proceed. The Company will not be liable in any way to the Customer for any such delay.
10.1.9 obtain all necessary approvals and consents prior to supply and/or installation of the Goods and Services;
10.1.10 coordinate the supply and/or installation of the Goods and Services with any appropriate stakeholders or 3rd parties.
10.1.11 coordinate all Site safety egresses such as temporary fencing, unless stated in the Quote.
10.1.12 remove rubbish from the Site unless stated in the Quote.
10.2 If the Customer is unable to comply with any of Clause 10.1, the Customer agrees:
10.2.1 a discrepancy between the Quote and the actual installed and/or supplied Goods and Services will be charged to the Customer at the same rate as used for calculation of the Quote;
10.2.2 accessibility issues and/or other discrepancies will be charged to the Customer;
10.2.3 to indemnify the Company for any and all costs incurred to bring the Site into compliance with clause 10.1; and
10.2.4 at the sole discretion of the Company, pay $1,200.00 (plus GST) per day in liquidated damages for each day that the Goods and Services are unable to be supplied and/or installed at the Site due to the Customer’s non-compliance with clause 10.1.
11.1 All representations, warranties or conditions not expressly contained herein of any nature or kind whatsoever are hereby excluded to the extent that the Customer and the Company named are in law capable of agreeing to such exclusion.
11.2 The Company agrees to make good any defect in the installation of the Goods and Services directly resulting from faulty workmanship for a period of 12 months from the Completion Date.
11.3 The Company agrees to replace any Goods and Services that are proved defective as per any manufacturers or suppliers warranty to which the Goods and Services apply.
11.4 The Customer warrants that they have satisfied themselves as to the description and condition of the Goods and Services provided and their fitness for the purpose to which they were ordered.
11.5 The Company and the Customer agree that where any defect in the Goods and Service is identified, the Company shall have first right of refusal to remedy the said defect and before any third party is engaged to remedy said defects. The Company shall be in no way liable for any costs or expenses whatsoever in relation to the remedy of said defect(s) incurred by the Customer if the Customer fails to comply with this clause.
11.6 The Customer may have the benefit of consumer guarantees under the Australian Consumer Law. Otherwise, to the maximum extent permitted by law, all terms, conditions or warranties that would be implied into the T&Cs or in connection with the supply and/or installation of any Goods and Services by the Company under law or statute are excluded.
11.7 If the Customer has a warranty enquiry, contact the Company at: bandh.hub@gmail.com
11.8 Any warranty repair work will be carried out between the Company hours. Any work requested outside these hours will charged at the difference between our standard hourly service rate and our afterhours service rate. Both rates can be obtained by contacting the Company. Any Goods and Services must be returned to the Company’s premises for all warranty work unless otherwise agreed in writing with the Company.
12.1 Our Goods and Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to:
12.1.1 cancel your service contract with the Company, and
12.1.2 a refund for the unused portion, or reimbursement for its reduced value.
12.2 You are also entitled to choose a refund or replacement for major failures with goods.
12.3 If a failure with the goods or a service does amount to major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to reimbursement for any other reasonably foreseeable loss or damage from a failure in the goods or service.
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