TERMS AND CONDITIONS

**TERMS AND CONDITIONS DO APPLY**

DATE OF CONTRACT

1. This contract is effective from the date it is accepted/agreed on by both parties or on the part or whole performance of the Works by PNC Plumbing Group PTY LTD.

EFFECT OF CONTRACT

2. The terms may only make any variation or termination of the contract.

3. Any deposits made will not be refundable other than as provided in the contract.

4. Where the Client is a corporation or partnership, its directors or partners agree to be bound by this contract jointly and severally.

CONTRACT PRICE AND PAYMENT

5. The Client shall pay PNC Plumbing Group PTY LTD the Contract Price and the price of any variation under this contract.

6. The Contract Price shall be paid by 7 days from the Completion Date or the invoice date.

7. If the Contract Price is to be divided into progress payments, such payments shall be paid by 7 days from the date of the invoice relating to the progress payment.

8. All prices are calculated based on existing costs for labour, fixtures, and materials at the date of pricing and 30 days after. If the Client does not sign the contract within 30 days of receiving it the price may be varied. If the client does not wish to proceed with the new price, the contract will lapse.

9. Where Prime Cost Items and/or provisional sums have been included in the Contract Price, and a greater amount is spent than the allowance, the Client shall pay the difference to PNC Plumbing Group PTY LTD within 7 days of the date of dispatch of the invoice. Prime Cost Items are fittings, materials and products provided by PNC Plumbing Group PTY LTD at the specific direction of the Client and the cost of the Client or provided by the Client at no cost to the Contractor, but the installation or use of which may incur costs additional to those allowed for in the contract price.

10. Warranties on Prime Cost items will be the manufacturer's warranties. This contract does not provide costs associated with the removal or installation of Prime Cost Items that must be replaced under the manufacturer’s warranty.

11. PNC Plumbing Group PTY LTD will take all reasonable care to ensure that Prime Cost Items are fit for purpose.

12. This contract makes no provision for the excavation, removal and cartage of excess soil, rock or reef materials that may be encountered during excavations. The Client must pay PNC Plumbing Group PTY LTD the costs of excavation/ removal of all excess soil, rock and/or reef material.

13. This contract makes no provision for the costs associated with the identification or removal and cartage of Asbestos Containing Material (ACM) that may be encountered during the completion of Works. Costs associated with the identification and removal of ACM shall constitute a variation, and such variation shall permit an additional charge for such work.

14. Payment for excavation/removal of all rock and/or reef material and/or excess soil shall be made within 7 days of the invoice date.

15. The Client acknowledges that pipes affected by root growth and or blockages are generally damaged because of such interference. The removal of root growth and/or blockages alone carries no warranty that similar problems will not recur unless permanent repairs are made to the affected pipework.

16. Where additional work is agreed for special treatment and/or replacement of damaged drains due to the proximity of tree roots/blockages, filled ground or like conditions, the additional costs of drain inspection and clearing equipment concreting, use of cast iron or other special treatment or replacement work shall constitute a variation and such variation shall permit an additional charge for such work.

17. Where drain inspection or clearing equipment, including but not limited to cables and hoses, becomes jammed due to damaged drains or blockages, PNC Plumbing Group Pty Ltd will be entitled to take reasonable action to retrieve such items. Costs associated with retrieving inspection and clearing equipment shall constitute a variation, and such variation shall permit an additional charge for such work.

18. The Contract Price for the Works is based upon the assumption that all existing installations comply with law, regulations, and relevant Australian Standards. Any work required to bring existing installations into compliance with law, regulation and relevant Australian Standards shall constitute a variation.

19. The Contract Price for the Works is based upon the assumption that PNC Plumbing Group Pty Ltd will have access to the site during normal working hours during which the Works are carried out. If PNC Plumbing Group PTY LTD access to the site is impeded in any way, this shall constitute a variation.

20. If the Client fails to make any payment, then Plumbing Group PTY LTD may charge interest on the outstanding amount/s at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) from the due date of payment until the date of full payment.

21. The Client is liable for all reasonable costs and expenses incurred by PNC Plumbing Group PTY LTD or by any third party engaged by PNC Plumbing Group PTY LTD incidental to and arising out of late payments of amounts due under this contract.

22. The property in the goods sold and delivered according to this contract (“Goods”) shall remain with PNC Plumbing Group PTY LTD until full payment is made by the Client to PNC Plumbing Group PTY LTD together with all charges for extra materials and /or works made under this contract.

23. The Client agrees:

(a) that, according to the Personal Property Securities Act 2009 (“PPSA”), this contract creates a security interest in all Goods (and proceeds of Goods) in favour of the Contractor to secure the purchase price for the Goods.

(b) that the following sections of the PPSA do not apply: 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142, 143 and, to the extent section 115(7) applies, each section of Part 4.3 of the PPSA is excluded unless the Contractor elects in writing to retain Part 4.3 (which the Contractor may elect to do either in whole or in part);

(c) to waive its right to receive notice of a verification statement concerning the registration of a security interest; and

(d) the Contractor may recover from the Client the cost of doing anything under clause 20, including registration fees.

GOODS AND SERVICES TAX

24. The Contract Price includes Goods and Services Tax (GST) which shall be applied according to law.

PNC PLUMBING GROUP PTY LTD’S OBLIGATIONS

25. The Works shall be commenced on the Commencement Date. PNC Plumbing Group PTY LTD will use reasonable endeavours to complete the Works by the Completion Date but is not liable in any manner if the Works are not completed by the Completion Date. The Client, because of this, releases PNC Plumbing Group PTY LTD from any claim, liability or damages that may arise if the Works are not completed by the Completion Date.

26. PNC Plumbing Group PTY LTD shall professionally perform all work as required in Australian Standards and the MPMSAA Code of Ethics.

27. PNC Plumbing Group PTY LTD shall perform all work per Occupational Health and Safety requirements.

28. PNC Plumbing Group PTY LTD shall handle any fixtures, fittings, materials and/or equipment the Client provides with reasonable care.

29. PNC Plumbing Group PTY LTD shall not be liable for any damage caused by defects in, or the unsuitability of client-supplied fixtures, fittings, materials and/or equipment for the purposes for which the Client intended them.

30. PNC Plumbing Group PTY LTD shall not be liable for any loss or damage resulting from any Act of Parliament, Government order, strike, war, delay in delivery of manufacturing materials or from any other circumstances beyond the Contractor’s control.

CLIENT’S OBLIGATIONS

31. The Client shall provide scaffolding and/or access equipment for the Works unless specified in the contract.

SUPPLY OF MATERIALS

32. Where the Client supplies fixtures, fittings, materials and/or equipment, they will be stored, handled, and installed at the Client's risk, subject to clause 25. PNC Plumbing Group Pty Ltd is not liable for any failure of materials supplied by the Client.

33. All materials removed from the Client’s site/premises shall be deemed to be the property of PNC Plumbing Group PTY LTD unless the Client otherwise notifies PNC Plumbing Group PTY LTD.

INSURANCE

34. PNC Plumbing Group PTY LTD shall procure any insurances that the Contractor is required by an Act of Parliament (“statutory insurance”) that imposes an obligation on the Contractor to take insurance cover.

35. The Client shall affect all other insurances that normally relate to risks generated in the work associated with the building work and the plumbing/mechanical services work (but not covered by such statutory insurance) and shall indemnify the Contractor for any liability that falls within the ambit of such risks unless it is agreed between parties that certain insurances shall be the responsibility of the Contractor in which case they will be listed as variations with the client being responsible for the applicable premiums.

VARIATIONS

36. This contract can only be varied by agreement in writing.

SUSPENSION/TERMINATION OF CONTRACT

37. Where the Client fails to comply with these contract conditions, PNC Plumbing Group PTY LTD may issue a notice of suspension and suspend the Works until the Client remedies the default.

38. If the Client does not remedy a default within 7 days beyond the date of suspension, PNC Plumbing Group PTY LTD terminate the contract by sending a notice of termination to the Client.

39. PNC Plumbing Group PTY LTD has the right to suspend or terminate this contract in addition to the Contractor’s other rights available at law to seek recompense for work done and material supplied to the date of suspension/termination.

DISPUTE RESOLUTION

40. If the Client is dissatisfied with any aspect of the Works, the Client must provide a notice of complaint to PNC Plumbing Group PTY LTD setting out the details of and the grounds for the complaint.

41. PNC Plumbing Group PTY LTD receives notice of the complaint, the Contractor must reply to the Client setting out a method for dealing with the complaint within 7 days of receipt of the notice of complaint.

42. If the Client agrees with PNC Plumbing Group PTY LTD’s proposed method to deal with the complaint, the Client must inform the Contractor of such agreement within 7 days of receipt of the notice of reply and must permit the Contractor to deal with the complaint accordingly.

43. If the Client does not agree with PNC Plumbing Group Pty Ltd’s proposed method to deal with the complaint, the Client, and PNC Plumbing Group PTY LTD shall allow a period of up to 21 days (commencing on the day after the time has expired for the Client to agree to the notice of reply) for negotiations to take place. The contract shall be suspended but shall not be terminated for that period.

44. If no resolution is reached by the end of 21 days, either party may refer the complaint to the Master Plumbers and Mechanical Services Association of Australia for complaint resolution assistance. Such a request must be made in writing, setting out details and the grounds for the complaint.

45. Any dispute or difference unresolved at this stage shall be referred to an appropriate tribunal or statutory body for mediation or arbitration.

46. Each party shall bear the costs of presenting its position to the arbitrator(s) unless the arbitrator(s) make another determination regarding the costs.

SEVERANCE CLAUSE

47. If any words or provisions in this contract are unenforceable, the remainder shall remain effective.

NOTICE

48. Any notice, request, or demand to be given according to this contract shall be given in writing, signed by that party, and shall be sent by post to the address of the other party as stated in this contract. It shall be deemed to have been given on the day following that on which it was posted. will be entitled to take reasonable action to retrieve such items. Costs associated with retrieving inspection and clearing equipment shall constitute a variation, and such variation shall permit an additional charge for such work.