CONTRACT TERMS AND CONDITIONS YOUR LOCAL PLUMBING GROUP PTY LTD
A. All work is done on a FLAT RATE PRICE basis. The price includes, labour, materials and GST. NO BREAKDOWN WILL BE PROVIDED after 30 days of inital consultation
B.No deductions shall be made from any payment due to Your Local Plumbing Group Pty Ltd for any reason, including but not limited to liquidated damages, penalties, or back charges assessed by BUYER or third parties. The failure to make any payment within five (5) days of its due date shall be deemed a material breach of the contract. In the event of non-payment Your Local Plumbing Group Pty Ltd may at its sole discretion, terminate work under this agreement. In the event of such termination for non-payment, Your Local Plumbing Group Pty Ltd shall be entitled to all of its expenses incurred, including labour, and materials, as well as its overheard incurred, and all profits it would have obtained had this Agreement been fully performed. Your Local Plumbing Group Pty Ltd shall also be entitled to any and all other remedies allowed by law.
C. Any payment on account hereunder shall constitute an acceptance of Your Local Plumbing Group Pty Ltd work for the work for which such payment was made.
D. Any payment due must be made within 7 days. All past due amounts will accrue 20% per day and an additional $25.00 per month adminsitration fee.
E. Payment for all work done is due upon job completion (C.O.D), unless prior-authorised for billing.
F. All credit cards incur a 1.5% fee. Applicable to credit cards only.
2. NOTICE OF DEFECTIVE WORK
Upon completion of the work, BUYER agrees to exercise due diligence in inspecting the work for defective workmanship and materials. BUYER agrees to notify Your Local Plumbing Group Pty Ltd, within forty eight (48) hours of completion of the work described hereunder of all defective work, if any. BUYER agrees that upon discovery of any allegedly defective work, BUYER shall immediately call Your Local Plumbing Group Pty Ltd who shall have the first opportunity to repair the alleged defective work. The failure to all Your Local Plumbing Group Pty Ltd the first opportunity to repair the alleged defective work shall void all warranties, express or implied hereunder and relieves Your Local Plumbing Group Pty Ltd for any liability to BUYER. BUYER agrees and recognises that they shall not withhold any payments for allegedly defective works. Your Local Plumbing Group Pty Ltd is not responsible for reimbursement for work performed by any company or individual.
3. SERVICES NOT COVERED
Your Local Plumbing Group Pty Ltd will not perform any other work or trade than that which is specified herein, including but not limited to carpentry, plastering, electrical work, tiling, landscaping, masonry, flooring, concreting, paving, painting, etc, even if that works is incidental or necessary to the contracted work, or necessary to restore the premises after the repair is made.
4. SCOPE OF AGREEMENT
A. The agreement represents the entire and integrated agreement between BUYER and Your Local Plumbing Group Pty Ltd, and superseded all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written offered by Your Local Plumbing Group Pty Ltd and accepted by BUYER. This agreement binds jointly and severally all signing as BUY their heirs, presentations, successors and assigns.
B. Your Local Plumbing Group Pty Ltd further states and BUYER recognises that there may be other service providers will to perform at a lower price. BUYER understands that he/she has the option of seeking other bids before authorising this work.
5. RECOMMENDATION NOT PERFORMED
If Your Local Plumbing Group Pty Ltd has made any recommendation for repair or replacement of any item, or suggested options which in contractor’s opinion would improve the performance or extend the life of item, and those options are not chosen by BUYER, BUYER shall defend and hold Your Local Plumbing Group Pty Ltd harmless for any loss, claims or damages incurred or alleged to have been incurred by the failure of the BUYER to accept any such option or recommendation.
Your Local Plumbing Group Pty Ltd has the right to cease work if, in the opinion of Your Local Plumbing Group Pty Ltd, a severe rodent or pest problem exists. Extermination of rodents or pests of any sort shall be the sole responsibility of BUYER.
Your Local Plumbing Group Pty Ltd reserves the right to hire subcontractors for any part of the herein projected or described work, any extra work, or additional work agreed to.
8. EXISTING PLUMBING
No warranty, express or implied, is provided for any existing plumbing fixtures, pipes, or systems. Furthermore, BUYER understands that connections to existing plumbing are sometimes impossible due to the rotted conditions of the existing pipes of their location, and BUYER agrees to pay any extras necessary to remedy the situation. BUYER hereby acknowledges that aged and deteriorated plumbing fixtures, piping, and appurtenances may no longer be serviceable. BUYER hereby agrees to hold Your Local Plumbing Group Pty Ltd harmless from and defend Your Local Plumbing Group Pty Ltd against any and all claims of liability for damages to those items or otherwise resulting from conventional repair efforts.
The removal of any and all trash/debris shall be the sole responsibility of the BUYER however, Your Local Plumbing Group Pty Ltd shall leave site in a neat, broom clean condition. All old parts will be removed from premises and discarded unless otherwise specified herein.
Unless otherwise specified herein, the routing of pipes will be left up to Your Local Plumbing Group Pty Ltd sole discretion as to their placement.
11. SITE CONDITIONS
A. If Your Local Plumbing Group Pty Ltd must obtain to other person’s properties in the course of work, BUYER shall secure permission for such and hold harmless, defend and indemnify, including solicitors fees incurred, Your Local Plumbing Group Pty Ltd and its employees and agents against all actions and consequences arising or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding contractor’s
B. BUYER shall be responsible to secure, remove and protect all property and contents, including but not limited to adults, children, animals, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work and shall hold harmless, defend and indemnify, including solicitors fees incurred, Your Local Plumbing Group Pty Ltd, its employees and agents against all claims arising out of BUYER’S failure to do so.
C. BUYER is responsible to supply water, gas, sewer and electrical utilities unless otherwise agreed to in writing. BUYER agrees to provide Your Local Plumbing Group Pty Ltd unlimited electricity and water within 30 metres of project prior to commencement of work.
12. LIMITED WARRANTY
A. Only if BUYER accepts Your Local Plumbing Group Pty Ltd recommendations, Your Local Plumbing Group Pty Ltd warrants its workmanship to be free from defects after performance unless otherwise specified in writing for a period of one (1) year for repairs, and ten (10) year for replacement installations. Should any defects in material or workmanship occur during the period of warranty, Your Local Plumbing Group Pty Ltd will repair or replace (at their discretion), at no charge. This warranty does not cover faults caused by misuse, negligence, or damage caused by BUYER, or acts of God including, but not limited to fire, flood and earthquake. The warranties for materials supplied by Your Local Plumbing Group Pty Ltd shall be those warranties provided by the manufacturer or supplier of that item, rather than based on contractor’s warranty herein. Your Local Plumbing Group Pty Ltd shall leave such manufacturer’s warranties at their respective locations. Your Local Plumbing Group Pty Ltd shall not be responsible for the costs of reinstalling fixtures or materials warranted by manufacturers. All warranties are void if payment is not made when due. Warranties extend only to the BUYER and are not transferable.
B. BUYER shall telephone Your Local Plumbing Group Pty Ltd within twenty four hours (24) of discovery of any warranty claim. Your Local Plumbing Group Pty Ltd will respond with reasonable promptness between the hours of 8.00am to 4.00pm Monday through Friday, excluding Your Local Plumbing Group Pty Ltd holidays. FAILURE OF BUYER TO NOTIFY Your Local Plumbing Group Pty Ltd WITHIN 24 HOURS OF DISCOVERY OF ANY
PROBLEMS WITH THE WORK COVERED BY THE AGREEMENT SHALL VOID THIS WARRANTY.
C. Your Local Plumbing Group Pty Ltd shall not be liable for water or other damage relating from any defect or delay in responding to said warranty. BUYER must take reasonable steps to mitigate damages, including, if necessary, calling their local fire department to turn off the water and/or pump out standing
D. Your Local Plumbing Group Pty Ltd shall not be liable for profits, incidental, special, exemplary, indirect or consequential damages resulting from any work performed, or any damage or problem, whether or not covered by this limited warranty. BUYER’S right to repair or replacement are BUYER’s exclusive remedies.
E. The warranties provided for herein shall commence upon the substantial completion of the work, or if the work is done in phases, upon completion of any specific portion of the work, and not upon acceptance or inspection by any person or party. Nothing contained in this provision shall be constructed extend the term of any warranty provided herein.
F. Your Local Plumbing Group Pty Ltd does not warrant BUYER supplied materials.
G. There is no warranty on drain cleaning unless Your Local Plumbing Group Pty Ltd expressly states so in the scope of work stated herein. This warranty is the only warranty by Your Local Plumbing Group Pty Ltd, and is in lieu of all other warranties, whether express or implied.
13. DRAIN CLEANING INSPECTION
A. BUYER shall hold Your Local Plumbing Group Pty Ltd harmless, and shall be solely responsible for any damage or expense incurred to remove, restore, repair or replace its premises and/or any portion thereof, as well as the damaged equipment of Your Local Plumbing Group Pty Ltd, if any tool, drain cleaning cable, water jetting hose, or other equipment of Your Local Plumbing Group Pty Ltd becomes stuck in a drainage line in the prosecution of Your Local Plumbing Group Pty Ltd work under this agreement.
B. If there is a sewerage spill, including one deemed hazardous, the cost of cleanup is the sole responsibility of the BUYER.
C. Removal of tree root growth or blockage alone will not ensure that similar problems will not recur and as such carries no guarantee unless otherwise stated herein.
14. ELECTRONIC LOCATING
Electronic locating is not always accurate. These are factors involved with procedure that could very well generate false readings; therefore, BUYER shall hold Your Local Plumbing Group Pty Ltd harmless from any claim, loss, or damage resulting from this procedure. BUYER additionally agrees that any line located by Your Local Plumbing Group Pty Ltd will be exposed by manual excavation means only and verified of its exact location before any layout or work of any type is performed.
15. UNFORSEEN CONDITIONS
A. If condition and/or circumstances are encountered at this job side which are (1) concerned physical conditions, or (2) unknown physical condition of an unusual nature, which differ materially from that which is visually ascertained, BUYER agrees to accept responsibility for such conditions and those circumstances outside the control of Your Local Plumbing Group Pty Ltd and further agrees to pay for any labour or materials, including repair to damaged equipment of Your Local Plumbing Group Pty Ltd and other plumbing caused by such conditions and/or circumstances.
B. It is in the intent of this provision to make BUYER responsible for all (1) unforseen and concealed conditions (2) for that which Your Local Plumbing Group Pty Ltd cannot control. Accordingly; BUYER further agrees to hold Your Local Plumbing Group Pty Ltd harmless and shall indemnify and defend Your Local Plumbing Group Pty Ltd and all its agents and employees from and against all claims, damages, losses and expenses including but not limited to solicitor fees, consequential damages, arising out of as a result from the performance of Your Local Plumbing Group Pty Ltd work involving, affecting, or relating to such unforseen or concealed conditions regardless of whether such damages are caused in part by Your Local Plumbing Group ty Ltd, except for Your Local Plumbing Group Pty Ltd sole negligence.
C. Asbestos or other Hazardous Materials Remediation Work – Your Local Plumbing Group Pty Ltd has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the BUYER’s property and has not conducted any investigation in connection herewith, Your Local Plumbing Group Pty Ltd does not perform asbestos or other hazardous material or substance removal and Your Local Plumbing Group Pty Ltd shall have no responsibility whatsoever for any such removal. BUYER expressly releases and shall hold Your Local Plumbing Group Pty Ltd harmless from any liability whatsoever and for all claims arising out if its presence, release, remediation or removal and for any costs, losses or damages BUYER may suffer or sustain if it is found to exist on the BUYER’S property.
16. DISPUTE RESOLUTION
BUYER acknowledges, understands and agrees to pay for any and all detriment proximately caused by BUYER’S breach of contract, including but not limited to damages for the delay or acceleration of this contract, office administration fees, court, arbitration and lien filing fees, collection costs, interest, detriment caused by a loss of operating capital, and all losses associated in pursuit of relief from BUYER’S breach of this contract. If BUYER or contractor considers a dispute has arisen in relations to any matter covered by this contract, that party must give the other party written notice of the dispute. If the dispute cannot be resolved with the help of the mutually agreed third party either party may refer the matter to the Fair Trading Tribunal.
17. RESPONSIBILITIES OF BUYER:
BUYER represents that, except as described in the request for service, all plumbing drainage, gas fitting, and roofing systems are in good order and condition and agrees to hold Your Local Plumbing Group Pty Ltd harmless for the discovery of defective conditions.
18. RESPONSIBILITIES OF CONTRACTOR:
Your Local Plumbing Group Pty Ltd shall do all work in competent, workmanlike manner in compliance with all relevant Australian Standards and to the requirements of all statutory authorities relating to the work. All materials and components shall be good quality, suitable for the purpose intended and unless otherwise specified, new.
19. TERMINATION OF CONTRACT:
BUYER may terminate the contract before completion of the work. If the BUYER instructs Your Local Plumbing Group Pty Ltd to cease work before work is completed, the BUYER shall immediately pay for all necessary inspections by an relevant authority and all work carried out and materials and equipment used up to the time Your Local Plumbing Group Pty Ltd ceases work, including any work carried out after the BUYER’S instructions are given in order to make the site of the work secure as to health and safety as required by relevant legislation. In the event the BUYER cancels the contract, any deposit paid shall be forfeited as liquidation damages.
20. MISCELLANEOUS EXCLUSIONS:
Unless otherwise provided for herein, the following are not included in, and not part of this contract, including but not limited to rock or shale excavation, backhoe hire, tree removal, shoring, dewatering, authorities fees and charges, or any other work not mentioned in this contract.
21. PROMOTIONAL EMAILS
As a condition of agreement between BUYER and Your Local Plumbing Group Pty Ltd, you consent to receiving Promotional Emails. This may include information surrounding the services we provide, new offers and information about Your Local Plumbing Group. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button on our email.
Please pay on invoice as NO further statement will be issued.
THIS IS A PAYMENT CLAIM UNDER THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 NSW.
Special Offers / Promotional Discounts & The VIP Membership Terms & Conditions
These Terms and Conditions form the basis of VIP program and Special Offers / Promotional Discounts Advertised.
1.1. Only one membership is applicable per household.
1.2. The membership requires a one off sign up fee of $160.00.
1.3. The membership fee is non refundable.
1.4. VIP membership cards are issued inclusive with the package per household.
1.5. The membership is effective once the signup fee has been paid.
1.6. A member must notify Sams Local Plumbing Services immediately of any change of address or of a lost or stolen membership card. Sams Local Plumbing is not liable for any unauthorised use of a membership card.
1.7. Sams Local Plumbing Services may terminate a membership from the VIP program without notice for any reason including, without limitation of the member:
Fails to comply with these membership Terms and Conditions;
Abuses any privilege accorded to the member under VIP program;
Supplies any misleading information or make any misrepresentations to Sams Local Plumbing Services in connection with The VIP Club;
This membership will discontinue if the member becomes bankrupt.
1.8. A member may terminate their membership from The VIP Club at any time by giving written notice to Sams Local Plumbing Services. Upon receipt of such notice the members contact details will be noted on The VIP Club database as closed.
1.9. Membership cards are not credit or charge cards, and are not transferable unless notified and approved from Sams Local Plumbing Services, and remain the property of Sams Local Plumbing Services.
1.10 Membership cards and coupon promo codes must be presented for all incentives to be claimed.
1.11 Any tax, liability, or duty arising from a members participation in the VIP program is the responsibility of the member.
2. Claiming Coupons/Vouchers
2.1 Percentage discount or money off specials from the Seller can only be used to discount the price of products or services purchased from the seller.
2.2. Only one discount can be used when purchasing products or services from Sams Local Plumbing Services, multiple discounts on a single invoice are not permitted.
2.3. Coupons/vouchers are not valid in conjunction with any other offer.
2.4. Coupons/vouchers are not redeemable for cash.
2.5. Coupons/vouchers are only applicable from our catalogue.
2.6. Selected coupons/vouchers from VIP are only applicable if the cost is above $500. (Ref: VIP Membership Package - $150 Off any roof plumbing service).
2.7. Set price special offers advertised for a specific service or product are for that product or service only and do not include the callout fee applicable to that trade at the time of booking.
2.8. Promo codes from specified coupons/vouchers are required to be addressed at the time of claiming an offer at all times.
2.9. Coupons/vouchers are limited to one use per person.
2.10. Coupons/vouchers are only to be made available in the name of the member.
2.11. Coupons/vouchers are offered at the absolute discretion of Sams Local Plumbing Services and Sams Local Plumbing Services reserves the right to withdraw, cancel, vary or in any way change at any time without notice any of the vouchers offered or advertised digitally via website and social media.
2.12. Coupons/Vouchers can only be claimed during regular trading hours specified to 7:00am to 3:30pm from Monday to Friday. Excluding Public Holidays.
2.13. All Coupons/Vouchers must be presented to the plumber prior to quotation assessment.
2.14. If VIP Membership booklet is lost or stolen, Sams Local Plumbing Services may issue a substitute package upon receiving satisfactory evidence regarding the circumstances under which the voucher was lost or stolen. In this instance, the member must contact Sams Local Plumbing Services in writing and supply a statutory declaration outlining their circumstance.
3.1 Sams Local Plumbing Services reserves the right to make any changes at any time without prior notice and at Sams Local Plumbing Services absolute discretion, to these
Terms and Conditions. Sams Local Plumbing Services will attempt to notify members of any changes but shall not be liable in any for failure to do so.
3.3. Sams Local Plumbing Services reserves the right to suspend or terminate VIP membership at any time without prior notice. Sams Local Plumbing Services will not be liable for the suspension or termination of VIP membership on any account whatsoever.
3.4. A notice shall be deemed to be given by Sams Local Plumbing Services to a member if it is sent to the postal or email address of the member appearing in VIP membership database.
4.1. “Coupons/Vouchers” means any benefits or incentive that has been advertised digitally or given to a VIP member.
4.2. “Member” means individuals who sign up to The VIP Club.
4.3. “Special Offers & VIP Membership Terms & Conditions” refer to the Terms and Conditions set out on this page and as updated on this page from time to time.
4.5. “Website” refers to the website samlocalplumbing.com.au, where details of VIP (including the most up to date Terms and Conditions) can be found.
4.6. “Terms and Conditions” mean the Terms and Conditions set out in this agreement and as updated on the website from time to time.
4.7. “The VIP Membership” refers to the membership program operated by Sams Local Plumbing Services providing members with access to exclusive coupons/vouchers.