Terms & Conditions

STANDARD CONTRACT TERMS AND CONDITIONS

1. Definitions

Agreement means the terms and conditions contained herein this agreement, the Application Form, the Quote and

Authority to Begin Works Form;

Application Form means the application form provided by the Supplier;

Authority to Begin Works Form means the form provided by the Supplier to the Client from time to time which details the

work to be completed and the Purchase Price;

Authorised Representative means the person nominated on the Application Form and any other person as nominated by

the Client from time to time;

Client means the person listed on the Application Form, Quote, or Authority to Begin Works Form;

Goods means any and all goods supplied by the Supplier to the Client from time to time pursuant to the Authority to Begin

Works Form, Quote, Tax Invoice or any variation thereof;

Option Form means the form outlining the options available to the Client and details which options the Client has agreed to.

Purchase Price means the costs of the Services as at the date of this Agreement and stated on the Quote as varied from time

to time by the Supplier;

Supplier means The Melbourne Tradie Pty Ltd t/as Service Experts ACN 636 388 335;

Temporary Hot Water Solution means the temporary hot water system installed by the supplier for the client;

Quote means the Supplier’s quote provided to the Client for the Services and/or Goods related to the work/supply; Services

means any goods or services supplied by the Supplier to the Client from time to time that relate to any work or service

contemplated by this Agreement and the Quote;

Substantial Change means any variation to Quote that may in any way e ect the scope of Services and/or Goods to be

provided as determined by the Supplier; and

Tax Invoice means the tax invoice supplied by the Supplier to the Client.

2. Acceptance of Terms and Conditions

2.1 These terms and conditions and the Quote are deemed to be accepted by the Client upon the following events

occurring:

a) the Application Form, Authority to Begin Works Form, the Option Form or the Temporary Hot Water Solution is

signed by the Client or their Authorised Representative ; or

b) the Client instructs the Supplier to supply the Services and/or Goods.

3. Authority

3.1 The Client acknowledges that the Supplier or any representative thereof has not made any representation or

agreement whereby the Client has relied upon.

3.2 If any representation or agreements have been made by the Supplier or any representative thereof, the Client

agrees that they have not relied upon them and this Agreement forms the entire agreement between the parties.

4. Price

4.1 The price payable for the Services and/or Goods is the Purchase Price.

4.2 Prices are subject to change from time to time by the Supplier with no notice being required to be given to the

Client.

4.3 Prices are current as at the date that the Application Form or Authority to Begin Works Form is signed by the Client.

4.4 The Purchase Price remains valid for a period of 30 days from the date that it is provided to the Client.

5. Terms of Payment

5.1 All payments to the Supplier:

a) must be made by either direct deposit into the Supplier’s nominated bank account or via credit card;

b) must be made within 7 days of the date as noted on the Tax Invoice or as otherwise directed by the Supplier; and

c) must be made in the manner as stated on the Tax Invoice..

5.2 The Supplier reserves the right at any time to withhold or cancel the supply of the Services and/or Goods any time,

without notice, if the Client fails to comply with the terms of this Agreement.

5.3 The Supplier may withhold access to and delivery of any Goods or performance of any Services until clear payment

is received.

6. Delivery of Services & Goods and Variation

6.1 The Client must provide the Authority to Begin Works Form, the Option Form or the Temporary Hot Water Solution

to the Supplier prior to any Services being undertaken or Goods being supplied.

6.2 The Services and/or Goods that the Supplier is to supply are limited to the Services and/or Goods as noted on the

Quote, Authority to Begin Works Form, Option Form or Temporary Hot Water Solution.

6.3 The Client acknowledges that they have considered the options contained in the Option Form and that the

Supplier has explained all options to the Client.

6.4 The Client acknowledges that if an option is declined by the Client, that any future request to complete any of the

declined options, a further Price is payable to the Supplier.

6.5 The Client acknowledges that they understand the hot water system provided under the Temporary Hot Water

Solution is a temporary solution and that the Client is not liable for any damage should the temporary solution fail

for any reason.

6.6 The Client acknowledges that they understand the hot water system provided under the Temporary Hot Water

Solution is used by the Client and their own risk and that the connection is not in accordance with any standard.

6.7 At the Suppliers’ sole discretion, the costs of delivery of any Goods are in addition to the Purchase Price or for the

Client’s account.

6.8 The delivery times made known to the Client are estimates only and the Supplier will not be liable for later delivery

or non-delivery of the Goods or Services.

6.9 The Client must make all arrangements necessary to take delivery of the Goods or Services whenever they are

tendered for delivery.

6.10 Client must ensure that there is clear and adequate access to the area where the Goods are to be delivered and

Services supplied. The Supplier will not be liable for any loss or damage su ered by the Client or its property as a

result of inadequate access.

6.11 In the event that the Client is unable to take delivery of the Goods or Services as arranged then the Supplier shall be

entitled to charge a reasonable fee for re-delivery.

6.12 The Supplier may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in

accordance with the provisions in this Agreement.

6.13 The Client must examine the Goods delivered at the time of delivery.

6.14 The Supplier is not liable to the Client for Goods that have been examined and accepted by the Client or for

shortages of Goods.

6.15 The Client agrees that once the Goods have been delivered then the Client is deemed to have examined the Goods

and is satis ed.

6.16 Despite any negligence on the part of the Supplier, or its agents, the Supplier will not be liable for any loss,

damage, delay, cost or expense occasioned to the Client or any third parties arising from late or non-delivery or late

installation of the Goods or Services caused by the delivery carrier, or its agents.

6.17 The Services and/or Goods that the Supplier will provide to the Client are limited to those Services and/or Goods as

contained in the Quote and any additional Services and/or Goods or variations thereof that may be required may

incur an additional fee which shall be determined by the Supplier upon assessment.

6.18 The Client must notify the Supplier of any Substantial Change and acknowledges that any Substantial Change may

a ect the scope of Services and/or Goods to be provided and may incur an additional fee.

6.19 The Supplier will attempt, in all possible circumstances, to limit the Supplier’s downtime in the performance of

Services and supply of the Goods.

6.20 The Supplier will, on becoming aware of any actual or potential delay in providing any Services and/or Goods,

provide the Client with notice as to the nature and cause of the delay and provide an amended timeframe for the

Services and/or Goods to be supplied.

6.21 The Supplier is not liable to the Client for any failure to perform or supply the Services and/or Goods, or delay for

performing of supplying the Services and/or Goods.

6.22 The Client further agrees to indemnify the Supplier for any additional cost incurred by the Supplier in the event that

the Services and/or Goods to be provided fall outside the scope of work to be performed or supplied pursuant to

the Quote.

7. Defective Goods

7.1 The Client will, within 48 hours of delivery of the Goods, notify the Supplier, in writing, of any defects.

7.2 Upon it notifying the Supplier of such defect, the Client, within a reasonable time, will a ord the Supplier an

opportunity to inquire in regards to the defect.

7.3 Subsequent to the Supplier’s inspection of the alleged defective Goods/Services, the Supplier will notify the Client

in writing whether the Client is entitled to reject the Goods as delivered. This does not constitute cancellation of

the Agreement.

7.4 In the event that the Client fails to comply with this clause, the Goods shall be deemed free from any defect or

damage.

7.5 In the event that the Supplier agrees, in writing, that the Client is entitled to reject the Goods provided, the

Supplier’s liability is limited to either replacing or rectifying the Goods or Services provided that the Client has

complied this clause.

7.6 For the purposes of clarity the supplier:

a) will not accept the return of Goods by the Client and the Client acknowledges that the Supplier is not required to

accept the return of Goods; and

b) has the sole discretion to accept return of defective Goods

8. Warranties and Indemnities

8.1 The Client warrants:

a) that all information provided to the Supplier is accurate and acknowledges that the Supplier has placed reliance

on the information provided and is not required to make any enquires to determine the validity of the information

provided;

8.2 The Client authorises the Supplier to:

a) the extent permitted by law, to collect, retain and use any information about the Client; and

b) disclose any information obtained by any person for the purposes of delivering the Services and/or Goods.

8.3 The Client indemni es the Supplier against:

a) any penalty or liability incurred by the Supplier for any breach by the Client of this Agreement; and

b) all actions, claims, demands, losses, damages, costs and expenses which the Supplier may sustain or incur or for

which the Supplier may become liable whether during or after the term of this Agreement, by reason of any act or

omission or negligence by the Supplier and its respective employees or any other authorised person.

8.4 The Supplier is not liable for any defect or damage caused by the Supplier providing or supplying the Services and/

or Goods.

8.5 The Supplier is not liable to compensate the Client for any losses incurred for failure or delay if such is due to

 re, cyclone, earthquake,  ood, tsunami, inclement weather, strike, labour dispute, war, government order, riot,

revolution, pandemic, civil commotion or any other cause beyond its reasonable control

9. Risk

9.1 All risk shall pass to the Client upon receipt of the Goods by the delivery carrier or upon receipt of the Goods by the

Client, whichever is earlier.

9.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the

Supplier is entitled to receive all insurance proceeds payable for the Goods.

9.3 The production of these terms and conditions by the Supplier is su cient evidence of the Suppliers’ rights to

receive the insurance proceeds without the need for any person dealing with the Supplier to make further

enquiries.

10. Title

10.1 Ownership of the Goods does not pass from the Supplier to the Client until:

a) full and complete payment of the Purchase Price has been received by the Supplier; and

b) any other obligations under this Agreement have been ful lled by the Client.

10.2 Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form

of payment has been honoured, cleared or recognised and until then the Supplier’s’ ownership or rights in respect

of the Goods shall continue.

10.3 It is further agreed that:

a) if the Client fails to return the Goods to the Supplier then the Supplier or the Suppliers’ agent may enter upon and

into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where

the Goods are situated and take possession of the Goods;

b) the Client is only a bailee of the Goods and until such time as the Supplier has received payment in full for the Goods

then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the

Client owes to the Supplier for the Goods, on trust for the Supplier;

c) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest, including but not limited

to a security interest, in the Goods while they remain the property of the Supplier;

d) the Supplier can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the

Goods may not have passed to the Client; and

e) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the

parties agree that the Supplier will be the owner of the end products.

11. Site Issues

11.1 Blocked drains: Client acknowledges that the presence of plant root growth and blockages generally is an

indication of damaged pipes that cannot be properly  xed by simply removing the root growth or blockage.

If Client does not instruct Supplier to carry out the work to repair or replace damages pipes or drains, then the

Supplier gives no warranty that the same or similar problems will not recur. If any of Supplier’s equipment becomes

lodged or is damaged while in Client’s pipes or drains, Client agrees to pay the costs of removal of the equipment

including any necessary excavation and restoration work.

11.2 Rock and  lled ground: unless otherwise agreed the supply of Services does not include the excavation, relocation,

repair or removal of any rocks, surfaces or other obstructions which are necessary in order for Supplier to supply the

Goods or Services.

11.3 Restoration: Supplier will take care when supplying the Goods or Services to minimise any disturbance or damage

to surrounding areas including walls, ceilings,  oors, garden beds and paint. Any repair or restoration required after

the supply of the Goods or Services is not included in Supplier’s quotation and must be carried out at Client’s cost.

12. Liability

12.1 The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties

may be implied in these Terms and Conditions and there are rights and remedies conferred on the Client in relation

to the provision of the Services and/or Goods which cannot be excluded, restricted or modi ed by the Agreement

(“Non-excludable Rights”).

12.2 The Supplier disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred

on the Client, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and

warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent

permitted by law, the liability of the Supplier for a breach of a Non-Excludable Right is limited, at the Supplier’s

option, to the supplying of the Services and/or Goods again or payment of the cost of having the Services and/or

Goods supplied again.

12.3 The Supplier’s liability for any claim in relation to this Agreement or the supply or performance of the Services and/

or Goods (whether under statue, contract, tort, negligence or otherwise) will be limited to the amount of the fee

paid by the Client to the Supplier.

12.4 The Supplier is not be liable to the Client for any claim of any kind arising directly or indirectly (whether under

statute, contract, tort, negligence or otherwise) in relation to any direct or consequential loss (including but not

limited to any loss of actual or anticipated pro ts, revenue, savings, production, business, opportunity, access to

markets, goodwill, reputation, publicity, or use) of any remote abnormal of unforeseeable loss or any similar loss

whether or not in the reasonable contemplation of the parties, as a result of or in connection with the provision of

the supply or performance of the Services and/or Goods.

12.5 The Client agrees that they waive any claim, future or present, that they may have or may arise against the Supplier

that is in any way connected directly or indirectly with the supply of the Services and/or Goods.

12.6 Notwithstanding any other provision of this Agreement, the Supplier is in no circumstances (whatever the

cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to

compensate the Client for:

a) any increased costs or expenses;

b) any loss of pro t, revenue, business, contracts or anticipated savings;

c) any loss or expense resulting from a claim by a third party; or

d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Supplier’s failure to

complete or delay in supply of the Services and/or Goods.

12.7 The Client further indemni es the Supplier from any costs or charges that in anyway either directly or indirectly

relate to the supply of the Services and/or Goods and further for any services or goods that the Supplier performs

or supplies.

13. Default

13.1 If the Client:

a) makes default in any payment;

b) breaches any terms contained herein this Agreement;

c) commits any act of bankruptcy or goes into bankruptcy;

d) has a judgment awarded against it by any court or tribunal;

13.2 then Supplier may terminate this Agreement and all Tax Invoices and other monies owing to the Supplier become

immediately due and payable.

13.3 In the event of default under this clause, the Supplier may, at its discretion:

a) elect to apply an interest charge against the Client’s account at the rate of 5% of the outstanding monies per month

or part thereof;

b) charge an administration fee each month, or portion thereof, that an amount owing by the Client is overdue;

c) commence proceedings against the Client;

d) recover against the Client all moneys that are owed to the Supplier including incidental costs that are incurred in

relation to the Client’s default;

e) list the default in payment with the appropriate credit reporting agency; and

f) perform any other action that the Supplier deems appropriate to enforce this Agreement and recovery monies

owed.

14. Termination/Cancellation

14.1 If the Client wishes to cancel the supply of Services and/or Goods then they must give 10 business days notice in

writing to the Supplier notifying them of termination.

14.2 In the event that the Client wishes to terminate the agreement between the parties the Client must make payment

for the remaining monetary obligation owed under the agreement to the Supplier in addition to payment for the

Services and/or Goods already performed and/or supplied or part thereof.

14.3 The Supplier may terminate this Agreement at any time if the Client breaches the terms and conditions contained

herein without notice to the Client..

15. General

15.1 Nothing in this Agreement shall be read or applied so as to exclude, restrict or modify or have the e ect of

excluding, restricted or modifying any condition, warranty, guarantee, right or remedy implied by the law

(including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modi ed.

15.2 These terms and conditions supersede all terms and conditions previously issued by the Supplier.

15.3 The parties acknowledge that this Agreement is intended as a contract for the supply of Services and/or Goods and

not any other relationship and, in particular, not the relationship of employer and employee, principal and agent or

the relationship of partnership.

15.4 This Agreement is personal to the Client and must not be assigned without the prior written consent of the

Supplier. Such consent must be reasonably given by the Supplier and must not be unreasonable withheld.

15.5 A communication required by this Agreement, by a party to another, must be in writing and may be given to them

by being:

a) Delivered personally;

b) Posted to their address speci ed in this agreement, or as later noti ed by them, in which case it will be treated as

having been received on the second business day after posting;

c) Faxed to the facsimile number of the party with acknowledgment of receipt received electronically by the sender,

when it will be treated as received on the day of sending; or

d) Sent by email to their email address, when it will be treated as received on that day.

15.6 This Agreement will be governed by the laws of Victoria, and the parties irrevocably submit to the non-exclusive

jurisdiction of the courts of Victoria.

15.7 This Agreement may be executed in any number of counterparts each of which will be an original but such

counterparts together will constitute one and the same instrument and the date of the Agreement will be the date

on which it is executed by the last party.

BLOCKED DRAIN WARRANTY & GUARANTEE

We take great care to clear your drain as thoroughly as possible using the latest

equipment available.

If you experience a recurring blockage within 30 days, a return visit by our

experienced plumbing expert will be required. You will not be charged for

travelling back to your property or for setting up the equipment, only a fee for

ongoing labour and equipment hire. This is called a continuation fee.

In order to determine the exact cause of the blockage it is recommended that a

CCTV drain camera is used. This will enable us to thoroughly examine the internal

condition of your pipes and make a recommendation for permanent repairs to be

presented for your consideration. The camera will also pinpoint the exact location

of the fault in your drain using its transmitter and receiver.

If our equipment gets jammed down your drain, you have a broken or

damaged pipe. The drain will have to be excavated at your cost to repair the

drain and retrieve the drain cleaning equipment.

Our drain cleaning equipment will not damage your pipes and will only get

caught if there is a broken/damaged pipe or a fault in the line

From our years of experience the best option is to replace the damaged section of

pipe otherwise this will continue to cause problems in the future and keep costing

you money.