1.1 "Mr Drainage" shall mean Timothy Waters trading as Mr Drainage, or any agents, contractors and employees hereof.
1.2 "Client" shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from Mr Drainage.
2.1 The client agrees to make progress payments as requested. Failure to do so will cancel all further works until such time, progress payments are paid. The client agrees to pay the full invoice amount on the completion of works unless prior arrangements have been made and agreed to by both parties.
2.2 Credit card, cheque, EFT, cash payments accepted only. I give permission to Mr Drainage to carry out transactions over the phone using my credit card details for the value of the invoice amount or as per payment arrangement i.e.deposit or progress payments.
2.3 A credit card transaction fee of 2% applies to all credit card payments.
2.4 Any payments which fall overdue shall incur a late fee of 3.5% daily until paid in full.
2.5 All quoted works are subject to variations as required & are at the discretion of Mr Drainage in order to carry out & complete works to Australian & Safety Standards. All variations will incur further fees & charges in addition to the original quoted amount.
2.6 Mr Drainage’s fees & charges are subject to change without notification to the client.
2.7 Additional fees & charges shall apply outside of normal business hours 0700 to 1600 Monday to Friday.2.8 Invoices shall be provided in categories of labour, materials & GST only. Itemised accounts will not be issued.
3.1 All goods shall remain the property of Mr Drainage until such time payment is received in full.
4.1 Mr Drainage may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours written advice. Mr Drainage shall not be liable for any loss or damage what-so-ever arising from such cancellation
4.2 The client must provide Mr Drainage with at least 3 working days’ notice in writing of any cancellation of works. Failure to do so will incur 30% payment of the original quoted / invoice amount payable by the client.
4.3 Placing a deposit with Mr Drainage secures & confirms your job. Where a deposit has been paid to Mr Drainage, deposits are non-refundable.
5.1 Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on exact location & works as carried out by Mr Drainage. Client must provide original invoice for proof of works.
5.2 All valve & valve type parts as well as any specified items installed by Mr Drainage must be serviced annually by Mr Drainage. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
5.3 The Client shall inspect the goods & works on
completion & must report any defects to parts or installation works within 48 hours in writing to Mr Drainage of any alleged defects, shortage in quantity or damage. The client shall afford Mr Drainage an opportunity to inspect the alleged damage / defect within 7 working days from date of written notification & give Mr Drainage the opportunity to make good to Australian & reasonable standards within 14 working days.
5.4 No warranty shall be provided on blocked sewer, drainage or storm water clearing as set out at clause 10.1
6.1 Where Mr Drainage draws or designs any part or whole of any system, fabrication or construction be it plumbing, gasfitting. drainage or otherwise for the benefit of the intended works of the Client, then the copyright in those designs & drawings shall remain vested in Mr Drainage, & shall only be used by the Client at Mr Drainage’s discretion & with written consent to do so.
7.1 The client hereby disclaims any right to rescind, 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 Mr Drainage & the Client acknowledges that he/she buys the services of Mr Drainage relying solely upon his/her own skill & judgment & that Mr Drainage shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client & shall not be transferable to any subsequent Client
8.1 The Client will indemnify Mr Drainage & keep Mr Drainage indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged. Mr Drainage will not be liable for any repair work & any repair work required will be paid at the Clients expense. Such liability, loss, claims or proceedings includes but is not limited to a) Damage to the property, real or personal; b) Death or personal injury; & c) Consequential or economic loss of any kind.
9.1 Unless specifically included in written quotes &/or estimates, rock excavation, dewatering or supportive work such as pier & beams for filled or made up ground will be charged out as a variation to the original price. Quotation is based on excavation of clean soils only, unless otherwise specifically stated in writing.
9.2 Existing soils shall be returned to excavated areas where possible & 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 as set out in 2.5 of this document.
10.1 The Client understands that the presence of plant/tree root growth &/or blockages generally indicates damaged pipes. Additionally the Client agrees that blocked drains, sewer pipes & storm water lines cannot be permanently fixed by simply removing “plant/tree root growth” or cleaning the drain. Therefore, no warranty is provided in relation to future blockages regardless of timeframe and recurrence whether in the same or differing location within the same property.
10.2 The Client acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at Mr Drainage sole discretion in an attempt to identify the source of the blocked drain. Should CCTV equipment be used the Client acknowledges that additional charges will be imposed.
10.3 Should any Plumber’s equipment become lodged or damaged in the customers drain it will be removed & / or repaired at the Clients expense (including materials, parts & labour) or monetary compensation to the total replacement of same value will become payable to Mr Drainage immediately
11.1 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 adequately identifying & providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.
11.2 At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered or sent by certified mail to the
other party refer such dispute to arbitration.
11.3 Any arbitration shall be:11.3(a) Referred to The Consumer Trader & Tenancy Tribunal (CTTT).
12.1 The Client & the Contractor shall comply with the provisions of all statutes, regulations & bylaws of government, local & other public authorities that may be applicable to the works.
12.2 The Client shall obtain (at the expense of the Client) all licenses & approvals that may be required for the works from any councils or other governing agents or boards.
12.3 The Client agrees that the site will comply with any occupational health & safety laws relating to building/construction sites & any other relevant safety standards or legislation.
13.1 The client agrees to Mr Drainage using their personal information for marketing purposes & gives Mr Drainage permission to send out future advertising material
13.2 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.
13.3 Mr Drainage does not accept any responsibility for damage to property during works being carrying out
13.4 Mr Drainage 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 Mr Drainage.
13.5 In the event of any breach of this contract by Mr Drainage the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Mr Drainage exceed the Price of the Goods.
13.6 Mr Drainage reserves the right to review & make changes to these terms & conditions at any time.
14.1 The Strata management, Strata Executive Committee, Real Estate Agency or agent shall guarantee that any work orders requesting Mr Drainage to carry out works will be paid for completely and on time by the associated body.
14.2 Any works for which Mr Drainage is engaged must have a work order associated with them and given to Mr Drainage prior to the works being carried out.
14.3 Payment terms for Strata and Real estate work orders is strictly 14 days net from the completion of works. Unless prior arrangements have been made, agreed to and detailed in writing
14.4 Both the Strata Executive committee and Strata management agree to abide by the terms and conditions contained herein and also any specific criteria held in any formal contract drawn up for the performance of any works undertaken costing in excess of $5000.00 including any deposit and progress payment clauses contained therein.
14.5 The Strata management and Strata Executive committee acknowledges that by the issuing of a work order to Mr Drainage they are entering into a contract for those works to be completed and are by definition guaranteeing the payment of those works contained within the work order
14.6 The Strata management, Strata Executive or Real Estate Agency agree that any work performed must adhere to all relevant Australian codes and safety procedures and that quoted works are subject to variation without notice based on these factors and any previously unknown criteria found during the course of the works.