Terms & Conditions

1. DEFINITIONS

•  “Plumbing Guru Ltd” shall mean Plumbing Guru Ltd or any agents or employees thereof.

•  “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Plumbing Guru Ltd.

•  “Products” shall mean:

• all Products of the general description specified on the front of this agreement and supplied by Plumbing Guru  Ltd to the Customer; and

•  all Products supplied by Plumbing Guru Ltd to the Customer; and

• all inventory of the Customer that is supplied by Plumbing Guru Ltd; and

•  all Products supplied by Plumbing Guru Ltd and further identified in any invoice issued by Plumbing Guru Ltd to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and

•  “Products and Services” shall mean all products, services, goods and advice provided by Plumbing Guru Ltd to the Customer and shall include without limitation all plumbing services and the supply of associated products and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products and Services by Plumbing Guru Ltd to the Customer.

•  “Price” shall mean the cost of the Products and Services as agreed between

2. Price and Payment

• At Plumbing Guru. discretion the Price shall be either.

• as indicated on invoices provided by Plumbing Guru to the Customer in respect of Goods supplied; or

• Plumbing Guru’s quoted Price (subject to clause 4.2) which shall be binding upon Plumbing Guru provided that the Customer shall accept Plumbing Guru’s quotation in writing within thirty (30) days.

• Plumbing Guru reserves the right to change the Price in the event of a variation to Plumbing Guru’s quotation.

• Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of additional work required due to unforeseen circumstances or as a result of increases to Plumbing Guru in the cost of Goods and labour) will be charged for on the basis of Plumbing Guru’s quotation and will be shown as variations on the invoice.

• At Plumbing Guru’s sole discretion a deposit may be required.

• Plumbing Guru may submit detailed progress payment claims:

• at intervals, not less than monthly for work performed up to the end of each month, or

• in accordance with Plumbing Guru’s specified payment schedule, and such payment claims may include the reasonable value of authorized variations and the value of any Goods delivered to the site but not yet installed.

• At Plumbing Guru’s sole discretion:

• payment shall be due on delivery of the Goods, or

•  payment shall be due before delivery of the Goods; or

• payment for approved Customers shall be due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices.

•  Time for payment shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.

• Payment will be made by cash, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and Plumbing Guru.

•  GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

3. QUOTATION

• Where a quotation is given by Plumbing Guru Ltd for Products and Services:

• Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and

•  The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;

• Plumbing Guru Ltd reserve the right to alter the quotation because of circumstances beyond its control.

•  Where Products and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Products and Services.

4. WARRANTY

• Manufacturer’s warranty applies where applicable.

5. GENERAL LIEN

• The Customer agrees that Plumbing Guru Ltd may exercise a general lien against any Products and Services or property belonging to the Customer that is in the possession of Plumbing Guru Ltd for all sums outstanding under this contract and any other contract to which the Customer and Plumbing Guru Ltd are parties.

• If the lien is not satisfied within seven (7) days of the due date Plumbing Guru Ltd may be having given notice of the lien at its option either

• Remove such Products and Services and store them in such a place and in such a manner as Plumbing Guru Ltd shall think fit and proper and at the risk and expense of the Customer or

• Sell such Products and Services, or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.

6. DISPUTES

• No claim relating to Products and Services will be considered unless made in writing within seven (7) days of service.

7. Privacy Act 1993

• The Customer and the Guarantor/s (if separate to the Customer) authorizes Plumbing Guru Ltd to:

• collect, retain and use any information about the Customer and/or Guarantors, for the purpose of assessing the Customer’s and/or Guarantors creditworthiness or marketing products and services to the Customer and/or Guarantors; and

• disclose information about the Customer and/or Guarantors, whether collected by Plumbing Guru Ltd from the Customer and/or Guarantors directly or obtained by Plumbing Guru Ltd from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer and/or Guarantors.

• Where the Customer and/or Guarantors are an individual the authorities under clause 16.1 are authorities or consents for the purposes of the Privacy Act 1993.

• The Customer and/or Guarantors shall have the right to request Plumbing Guru Ltd for a copy of the information about the Customer and/or Guarantors retained by Plumbing Guru Ltd and the right to request Plumbing Guru Ltd to correct any incorrect information about the Customer and/or Guarantors held by Plumbing Guru Ltd.

8. Customer’s Disclaimer

• The Customer hereby disclaims any right to rescind, or cancel any contract with Plumbing Guru Ltd. or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by Plumbing Guru Ltd. and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.