“Ezy-Plumb” shall mean Ezy-Plumb Pty Ltd, or any agents, contractors and employees hereof.
“Customer” shall mean the customer, any person acting on behalf of & with the authority of the customer, or any person purchasing products & services from Ezy-Plumb.
“Goods” shall mean goods supplied by Ezy-Plumb to the customer (and where the context so permits shall include any supply of services as hereinafter defined).
“Services” shall mean all services supplied by the Ezy-Plumb to the customer and includes any advice or recommendations (and where the context so permits shall include any supply of goods as defined supra).
“Price” shall mean the cost of the goods and/or services as agreed between Ezy-Plumb and the customer
Acceptance and cancellation
Any instructions received by Ezy-Plumb from the customer for the supply of goods and/or the customer’s acceptance of goods supplied by the Ezy-Plumb shall constitute acceptance of the terms and conditions contained herein.
Upon acceptance of these terms and conditions by the customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions.
The customer must provide Ezy-Plumb with at least 5 business days notice in writing for any cancellation of works.
After the quoted price has been signed and accepted by the customer, the customer is entitled to a cooling-off period of five business days if the quoted price is $20,000 or more.
Should the customer notify Ezy-Plumb of their intention to cancel the contract of $20,000 or more within 5 business days of acceptance, they will be refunded their deposit less the cost of any work already carried out by Ezy-Plumb including any materials purchased for the work to be completed and the cost of any administration time, permits and planning incurred prior to notice being given to Ezy-Plumb by the customer of their intention to cancel the contract.
Should the customer notify Ezy-Plumb of their intention to cancel the contract of $20,000 or less within 5 business days of acceptance, they will not be refunded their deposit.
Any cancellation after 5 days of accepting the contract will incur a 20% fee of total quotation price.
If the work already completed by the Ezy-Plumb exceed the value of the deposit held by Ezy-Plumb when notice of cancellation is received the customer, the customer will be liable for all costs of work and material up to the time notice was received by the Ezy-Plumb.
Ezy-Plumb may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours notice. Ezy-Plumb shall not be liable for any loss or damage what-so-ever arising from such cancellation.
Price and Payment
Payment of full invoice amount shall be made by the customer to Ezy-Plumb on the day of completion of works.
The customer agrees to make progress payments as requested by Ezy-Plumb. Failure to do so will cancel all further works until progress payments are received by Ezy-Plumb.
Any payments which fall overdue shall incur a late payment fee of 5% of total outstanding amount per day until paid has been made in full.
Payment will be made by the customer on delivery of goods by cash, or by credit card, or by electronic fund transfer (EFT), or by any other method as agreed to between the customer and Ezy-Plumb.
Any variation from the plan of scheduled works or specifications will be charged for by Ezy-Plumb and will be shown as variations on the invoice. Payment for all variations must be made in full at the time of completion.
Ezy-Plumb fees and charges are subject to change without notification to the customer.
Ezy-Plumb business working hours are 7am to 5pm Monday to Friday and 7am to 12pm Saturday excluding Australian public holidays and Victorian public holidays. All discounts and offers are excluded outside of these business working hours and additional fees and charges shall apply.
Only one discount offer can be used when purchasing products or services from Ezy-Plumb, multiple discounts on a single invoice are not permitted.
All goods shall remain the property of Ezy-Plumb until such time payment is received in full.
For Goods not manufactured by Ezy-Plumb, the warranty shall be the current warranty provided by the manufacturer of the goods; Ezy-Plumb shall be under no liability whatsoever.
Repairs carried out by Ezy-Plumb are warranted to be free of defects in workmanship and warranted for the normal life of the building or property.
If a defect is identified in the workmanship by Ezy-Plumb, the fault will be repaired by Ezy-Plumb at the cost of Ezy-Plumb excluding the cost of any parts or materials needed adjacent to the repaired area that are required to complete the warranty repairs not involved in the original repairs carried out by Ezy-Plumb.
No warranty shall be provided on blocked sewer, drainage or storm water
The customer 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 Ezy-Plumb and the customer acknowledges that he/she buys the services of Ezy-Plumb relying solely upon his/her own skill & judgment & that Ezy-Plumb 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 customer and shall not be transferable to any subsequent customer.
The customer will indemnify Ezy-Plumb and keep Ezy-Plumb 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. Ezy-Plumb will not be liable for any repair work and any repair work required will be paid at the customers 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.
Rock and Filled Ground
Unless specifically included in written quotes and/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.
Existing soils shall be returned to excavated areas where possible & ground shall 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.
Drains and Sewer
Blocked drains usually indicate pipelines are not fully efficient and may contain breakages, cracks, negative fall, sanitary hygiene products, foreign objects or tree root entry. The drain line cannot be repaired or rectified by just clearing on its own. Once cleared no warranty is provided in relation to future blockages regardless of timeframe of blockage re-occuring whether in the same location or other drainage/sewer lines within the same property.
The customer acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at Ezy-Plumb’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 equipment become lodged or damaged in the customers drain it will be removed and/or repaired at the customers expense (includes materials, parts & labour) or monetary compensation to the total replacement of same or higher quality value will become payable to Ezy-Plumb immediately.
If the customer defaults in payment of any invoices when due, the customer shall indemnify Ezy-Plumb from and against all the Ezy-Plumb’s costs and disbursements including on a solicitor and own client basis and in addition all of Ezy-Plumb’s nominees costs of collection.
The customer agrees to Ezy-Plumb using their personal information for marketing purposes and gives Ezy-Plumb permission to send out future advertising material
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.
Ezy-Plumb does not accept any responsibility for damage to property during works being carrying out.
Ezy-Plumb 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 Ezy-Plumb.
In the event of any breach of this contract by Ezy-Plumb the remedies of the customer shall be limited to damages. Under no circumstances shall the liability of Ezy-Plumb exceed the price of the goods.
Ezy-Plumb reserves the right to review & make changes to these terms & conditions at any time.
Ezy-Plumb may license or sub-contract all or any part of its rights and obligations without the customer’s consent.
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.
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.
Any arbitration shall be referred to the Victorian Civil and Administrative Tribunal (VCAT).