Terms and Conditions
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Terms And Conditions
This is not an engineered design, we recommended consulting an engineer before commencement of work
NEXX Plumbing Pty Ltd
By Instructing company to supply goods & services, the client acknowledges reading & aggreeing to be bound by the terms of this agreement
1. Interpretation / Definitions
1.1 "Company" means NEXX Projects Pty Ltd trading as NEXX Plumbing or any agents, contractors or employees thereof.
1.2 "Customer" means the other party to the agreement for services.
1.3 “Agreement” means an agreement between the Company and Customer for the provision of plumbing services. An Agreement will come into existence on the date the Customer signs or approves the Authorisation in writing or verbally in accordance with these Terms and Conditions.
1.4 “Website” means the company website (www.nexx.org.au).
1.5 “Price” means the Quotation Price as previously agreed with the Customer. The price can be adjusted by the Company in accordance with these Terms & conditions as necessary.
1.6 “Request for Services” means a request for services submitted by the Customer to the Company which details the scope of works sought.
1.7 “Goods & Services” means the goods and services to be supplied by the Company to the Customer in accordance with the Authorisation.
1.8 “Site” means the location of works to be undertaken.
1.9 “Subject to Change” means the Terms & Conditions are subject to change without notice.
1.10 “Acceptance of Terms” means accepting relevant Terms & Conditions stated herewith.
1.11 “Signing” Signing the Quotation or Invoice is a legal document and your acceptance of NEXX Terms & Conditions.
2.1 The Customer must provide sufficient information when submitting a request for services to enable the Company to provide an accurate Authorisation and Quotation Price. Any deficiency in the Services caused by inadequate or inaccurate information provided in a Request for Goods & Services will be the Customer’s responsibility
2.2 The Company will not be liable for any loss or damage caused as a result of the Customer’s inadequate or inaccurate information.
3. The Customer
3.1 The Customer will ensure that the Company has clear and adequate uninterrupted access to the site at which the Services will be performed, for the duration of the Services. The Company will not be liable for any loss or damage suffered by the client or its property as a result of clear and adequate access not being provided.
3.2 The Customer acknowledges and agrees that any building or construction sites on which the Services are performed will comply with all applicable occupational health and safety laws relating to building and construction sites and any other relevant safety standards or legislation.
3.3 The Company is not responsible for the removal of rubbish or cleanup of the site at which the Services are performed unless agreed upon with the Customer.
3.4 If the Customer is to provide goods or services for which the Services are required, then the Customer must have the site ready and goods available at least 24 hours before the time at which the Company is required to perform the relevant Services.
4. Payments & Supply of Goods and Services
4.1 The Company’s fees & charges are subject to change without notification to the Customer.
4.2 Goods and services will be supplied to the Customer’s address on the quotation unless otherwise notified to the Company by the Customer.
4.3 Price is payable in full without any deduction when the goods & services are supplied, unless otherwise agreed in writing with the Company. All goods shall remain the property of the Company until payment is received in full.
4.4 The Customer agrees to pay the full invoice amount upon completion of works. Failure to make any payment upon completion of works on site shall be deemed a material breach of the contract.
4.5 In the event of non-payment the Company may at its sole discretion, terminate work under this agreement. In the event of such termination for non-payment, the Company shall be entitled to all of its expenses incurred, including labour, and materials, as well as its overheads, and all profits it would have obtained had this Agreement been fully performed. The Company shall also be entitled to any, and all other remedies allowed by law. The Customer agrees to pay the Company all expenses (including legal costs and mercantile agent fees and commissions) incurred in collecting any outstanding debts due by the Customer to the Company.
4.6 No deductions shall be made from any invoice/payment which is received from the Company for any reason/s, including but not limited to liquidated damages, penalties, or back charges assessed by client or third parties.
4.7 Payment must be made by one of the Company’s accepted payment methods at the time payment of the price is due. If payment is not by cash, then payment will not be deemed to have occurred until the full price has been cleared and is available for the Company’s use.
4.8 Any payments which fall past the works completion date are overdue and shall incur a late fee of 4.5% above the Penalty Interest Rate paid in full or unless notified.
4.9 Labour costs will be charged at 15 minute lots for whole or part thereof.
4.10 The Company’s quotation is based on a visual inspection of site, but the actual extent or nature of the goods and services may not become apparent until work commences. The Company reserves the right to vary the quotation once the supply of goods and services is commenced.
4.11 All quoted works are subject to variations as required and are at the discretion of the Company, in order to carry out & complete works to Australian & Safety Standards.
4.12 Unless previously withdrawn, a quotation issued by the company is open for acceptance for 14 days. The Company reserves the right to refuse any request for services by the Customer within 7 days of the request being made.
4.13 Once a request for services has been accepted by the Company, the Customer cannot cancel it without the express agreement of the Company. Where the Company has ordered materials from a third party, cancellation will only be possible if the Customer agrees to pay the cost of materials incurred by the Company.
4.14 The Company may, at any time after acceptance of a request for services, cancel the supply of goods and services or any part of them and the Company will not be liable for any loss or damage suffered by the Customer as the result of such cancellation.
4.15 If there is any change, variation in the goods and services, the subject of the request for service / scope of works or any extra work carried out by the Company, these will be charged by the Company at the Company’s standard rates and will be shown as variations in the Company’s tax invoice.
4.16 Additional fees & charges shall apply when goods and services are supplied outside of normal business hours, being 7:00 am to 4:00 pm Monday to Friday.
4.17 The Customer accepts that invoices shall NOT be itemized.
5. Refund Policy
5.1 The Company does not have an obligation to provide a refund. If the goods are faulty, the Company will comply with all applicable laws.
6.1 The warranty shall be valid for 6 months on materials (unless otherwise stated) from invoice date.
6.2 The warranty shall only be valid on exact location & works as carried out by the Company. The Customer must provide original invoice for proof of works.
6.3 All valve & valve type parts as well as any specified items installed by the Company must be serviced every 6 months by the Company. Failure to do so shall void all warranties. It is the sole responsibility of the Customer to arrange an appointment for servicing.
6.4 The Customer shall inspect the goods & works on completion & must report any defects to parts or installation works within 48 hours in writing to the Company of any alleged defects, shortage in quantity or damage. The Customer shall give the Company an opportunity to inspect the alleged damage/defect within 4 working days from date of written notification & give the Company the opportunity to make good any defects to reasonable standards within 14 working days
6.5 No warranty shall be provided on blocked sewers, drainage or stormwater.
7. Clients Disclaimer
7.1 The Customer hereby disclaims any right to withdraw, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of the Company.
7.2 The Customer acknowledges that he/she buys the goods or services of the Company relying solely upon his/her own skill and judgment. The Company shall not be bound by, nor responsible for any other terms and conditions, representation or warranty other than the warranty given by the manufacturer which warranty shall be personal to the Customer and shall not be transferable to any subsequent Customer.
8.1 The Customer will indemnify & keep the Company and its directors, agents and employees indemnified against all actions, losses, liabilities, costs and expenses (including reasonable legal costs or expenses), claim or proceedings of any kind which may arise from services which are buried, unseen, disturbed and or damaged or be brought against or suffered or incurred by any of them, arising directly or indirectly out of or in relation to damage to the premises (real or personal), the work site or any property of the Company left at the Customer’s premises or in respect of injury to any person at the Customer’s premises or as the result of a breach of this agreement by the Customer. The Company will not be liable for any repair work. Any repair work required will be paid at the Customer’s expense.
9. Existing Plumbing
9.1 No warranty is provided for any existing plumbing fixtures, pipes, or systems. Furthermore, the Customer understands that connections to existing plumbing may be impossible due to the conditions of the existing pipes of their location. The Customer agrees to pay any extra costs necessary to remedy the situation. The Customer hereby acknowledges that aged and deteriorated plumbing fixtures, piping, and appurtenances may no longer be serviceable. The Customer hereby agrees to hold the Company harmless from and defend the Company against any and all claims of liability for damages to those items or otherwise resulting from conventional repair efforts.
10. Rock & Filled Ground Exclusions
10.1 Unless specifically included in written quotes and/or estimates, rock excavation, shale excavation, trench shoring, tree or root removal, dewatering or supportive work such as pier and beams for filled or made up ground will be charged out as a variation of the original price. The quotation is based on the excavation of clean soils only, unless otherwise specifically stated in writing
10.2 Existing soils shall be returned to excavated areas where possible and the ground shall be left filled. Landscaping and concrete works are not included in quotation unless specified in writing. All concrete, paving and landscape works including shrub/plant & lawn replacement will be treated as a variation and will be subject to a separate agreement.
11. Drains & Sewer
11.1 The Customer agrees that the presence of plant/tree root growth and/or blockages may indicate damaged pipes. The Customer agrees that blocked drains, sewer pipes and storm water lines cannot be permanently fixed by simply removing “plant/tree root growth” or cleaning the drain. No warranty is provided in relation to future blockages regardless of timeframe reoccurring whether in the same location or other drainage/sewer lines within the same property.
11.2 The Client acknowledges that Closed Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at the Company’s sole discretion in an attempt to identify the source of the blocked drain. Should CCTV equipment be used the Customer acknowledges that additional charges will be imposed. Should any of the Company’s equipment become lodged or damaged in the Customer’s drain it will be removed and/or repaired at the Customer’s expense (includes materials, parts & labour) or monetary compensation to the total replacement of same or higher quality value and will become payable to the Company immediately.
12.1 The Company will take care when supplying the goods and services to minimise any disturbance or damage to surrounding areas including walls, ceilings, floors, garden beds and paint. Any repair or restoration required after the supply of the goods and services is not included in the Company’s price and must be carried out at the Customer’s cost.
13. Electronic Locating
13.1 The Company may use Electronic Location Services. Electronic locating is not always accurate. There are factors involved with this procedure that could very well generate false readings, therefore the Customer shall hold the Company harmless from any claim, loss, or damage resulting from this procedure. The Customer additionally agrees that any line located by the Company will be exposed by manual excavation means only and verified of its exact location before any layout or work of any type is performed.
14. Water/ Gas Leaks
14.1 The Customer agrees that leaks are a process of elimination. The Company will not be held liable to any leaks.
14.2 The Customer agrees that roof leaks are not always found and fixed on the first visit. Multiple testing may be required to find the source of the problem. It is agreed that roof leaks have a large amount of contributing factors that cannot be simulated and the Company will attempt to rectify all leaks within an appropriate time.
15.1 The Company may sub-contract any or all of its goods and services under these Terms and Conditions without the Customer’s consent.
You agree that:
16.1 We may set off any credit amount that we owe to you against any debit due by you to us;
16.2 You are not entitled to withhold payment of any money in respect of any set off or claim you might have against us.
17. Dispute Resolution/ Complaints
17.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing effectively identifying and providing details of the dispute. If the Customer believes the Company has breached these Terms and Conditions the Customer shall notify the Company of the breach. Notification can be emailed or posted to the Company. The Customer must include contact details for the Company to contact the Client regarding the complaint. The Company’s Privacy Officer will consider Customer’s complaint and respond as soon as reasonably possible, but not more than 30 days from receiving the complaint. Within (30) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference, each party shall be represented by a person having authority to agree to a resolution of the dispute.
18. Compliance with Laws
18.1 The Customer and the Company shall comply with the provisions of all statutes, regulations & by laws of government, local & other public authorities that may be applicable to the works.
18.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the works (councils or other governing agents) unless specified by the Company.
18.3 The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
18.4 The Company will take out and maintain all insurance it considers appropriate in respect of the supply of goods and services and all other insurances required by law.
19.1 The client agrees to the Company using their personal information for marketing purposes and gives the Company permission to send out future advertising material.
19.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
19.3 The Company shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour hire, machinery or materials outside the direct control of the Company.
19.4 In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages.
19.5 Under no circumstances shall the liability of the Company exceed the price of the Goods and Services.
19.6 If any clause or part of this agreement is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement but the rest of the agreement is not affected.
20. Governing Law
20.1 This contract is governed by the Law of NSW. You and the Company irrevocably submit to the exclusive jurisdiction of the NSW Courts and Federal Courts sitting in NSW.
20. Governing Law
21.1 This Application and terms and conditions embody the whole agreement between the parties and subject to the express terms contained in any written order or written acceptance thereof, all previous dealings, representations and arrangements are hereby excluded and cancelled.