In these terms and conditions:
1.1. ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.2. Client, you or your means the person or entity accepting our quote or engaging us to provide Goods or Services.
1.3. Goods means any products, materials or equipment supplied by the Company.
1.4. Services mean all plumbing, drainage, gas fitting, roofing, maintenance, inspection, installation, repair, emergency or related services supplied by the Company.
1.5. Site means the location where the Goods or Services are to be provided.
1.6. Company, we, our, us or Aquavision means Aquavision Plumbing Solutions Pty Ltd (ABN 51 649 819 741).
2.1 All work is done on a flat rate price basis unless otherwise specified in the quote. The price includes labour and materials. The quote will also include the installation price. An invoice breakdown of the quote work/price will not be provided after more than 30 days after initial invoice is issued.
2.2 Failure to make any payment within two (2) days of its due date shall be deemed a material breach of the terms and conditions of this agreement. In the event of non payment, we may at its sole discretion, terminate work and this agreement immediately. In the event of such termination for non-payment, Aquavision shall be entitled to all of its expenses incurred including labour and materials, as well as its overheads and all profits it would have obtained had this agreement been fully performed. Aquavision Plumbing Solutions shall also be entitled to any and all other remedies allowed by law.
2.3 Any payment on account hereunder shall constitute an acceptance of the work performed by us for which such payment was made.
2.4 All payments are due upon completion of the accepted works. All overdue amounts will accrue interest of 12% per annum and an additional administration fee of $25.00 per month.
2.5 Total payment for all work performed by Aquavision will need to be paid on the same day of the completion of the job, unless otherwise agreed in writing by the us.
2.6 The quote(s) provide to the Client by us is valid for seven (7) business days from the date the quote is sent to the Client, unless different arrangements have been made between the us and the Client.
2.7 Progress payment may be dependent on the contract value of works being undertaken. Payment will need to be made at the following stages of the works:
All goods which are supplied by the us which are custom orders for the Client must be paid in full prior to any works commencing on site.
Proof of deposit transaction receipt must be emailed (info@aquavisionps.com) to us via email as per email address provided in order to secure Client’s job.
2.8 Contract values under $770.00 (incl GST) do not require deposit to be made.
2.9 Goods and Services provided by us will be automatically the property of Aquavision Plumbing Solutions until full payment are made. The Client acknowledges that the Company may cease works, stop the works or refuse to release the Goods where the Client has not paid the price, instalment or progress payment on the due date. Payment by the Client will only be recognised by us when the payment is received in clear funds into Aquavision’s bank account or when cheques provided for payment have been cleared.
2.10 Any variation from the plan of scheduled works, specifications or additional works that may not have been reasonably anticipated by us for the provision of the Goods and Services will be charged as a variation (Variation). If a variation is required:
(a) We will provide the Client with a quote for the variation prior to commencing the variation and the Client must notify us whether it accepts the variation as soon as possible but no later than five (5) days after receiving the Variation request; and
(b) If the Client does not accept the variation within the five (5) day period, the Company is not obliged to perform the variation. If the Client accepts the variation the Client must pay for the costs of the variation as per the variation quote provided.
2.11 The Client acknowledges that we may be required to carry out emergency works in order to prevent injury to persons or damage to property and in such circumstances will not be required to provide a quote prior to undertaking the works the subject of the variation and the Client shall be liable to pay us the reasonable costs and expenses incurred with an emergency variation.
2.12 The Client is liable to pay Aquavision for any damage caused by the Client to equipment and materials of the Company whilst at the site. Such damage shall be payable by the Client to us within five (5) business days of issuing an invoice for such costs.
2.13 Manufactures warranty guarantee for any customer supplied products. If the repair resulted in a return warranty visit due to a part failing, the client would be liable for the additional repair costs and warranty coverage would be denied. Extra charges may be charged.
3.1 Upon completion of the work, the Client agrees to exercise due diligence in inspecting the work for defective workmanship and materials. The Client agrees to notify us, within forty-eight (48) hours of completion of the work of all defects, if any. Any issues outside the time frame it’ll be an additional cost.
3.2 The Client agrees that upon discovery of any allegedly defective work, the Client shall immediately contact us in writing. We by right of the Consumer Law, will be given the first opportunity to repair the alleged defective work. Failure to provide the us with the first opportunity to repair the alleged defective work shall void all warranties, express or implied hereunder and relieve the Aquavision of any liability to the Client. The Client agrees and recognises that they shall not withhold any payments for allegedly defective works. Aquavision is not responsible for reimbursement of work performed by another business or individual.
3.3 In the event that the Client attempts to alter the work themselves or engages a third party to do any work that has an effect on the works performed by us, then any warranties in respect of the work performed by Aquavision shall become void.
4.1 The description and scope of the work to be performed by Aquavision is specified in the quote.
4.2 Aquavision Plumbing Solutions will not perform any other work or trade than that which is specified in the quote or later agreed to in writing by the Client and us, even if such works are incidental or necessary for the completion of the contracted work, or necessary to restore the site after the contracted work is performed.
4.3 Any works outside of agreed scope of works that require amending, there is a minimum 4 hour labour cost of $160.00 excluding GST.
5.1 These terms and conditions, including the quote, represent the entire agreement between the Client and us, and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by a written offer by Aquavision Plumbing Solutions and acceptance by the Client. This agreement binds jointly and severally all signing as Client, their heirs, successors and assigns.
5.2. Aquavision Plumbing Solutions further states and the Client accepts that there may be other service providers who may perform the contracted work at a lower price. The Client understands that he/she has the option of seeking other quotes before entering into this agreement. Aquavision Plumbing Solutions is under no obligation to alter its price on account of other quotes. We will not negotiate the price of this agreement after it has been accepted by the Client.
5.3. The Client acknowledges and agrees Aquavision Plumbing Solutions shall be entitled to be paid from the deposit the following:
(a) The cost of any Goods and Services already completed by us including but not limited to any materials and items purchased by us forming part of the Goods and Services to be provided; and
(b) The cost of any administration time, disbursements, permits and planning expenses incurred by us prior to the date of cancellation.
If Aquavision Plumbing Solutions has made any recommendation for repair or replacement of any item, or suggested options which in its opinion would improve the performance or extend the life of the item or the contracted work, and those options are not chosen by the Client, the Client shall defend and hold us harmless for any loss, claims or damages incurred or alleged to have been incurred by the failure of the Client to accept any such option or recommendation.
Aquavision Plumbing Solutions has the right to cease work if, in the opinion of us, a severe rodent or pest problem exists on the site. Extermination of rodents or pests of any sort shall be the sole responsibility of the Client. Aquavision Plumbing Solutions is under no obligation to re-commence work until, in its opinion, the rodent or pest problem is resolved.
Aquavision Plumbing Solutions reserves the right to hire subcontractors for any part of the contracted work, any extra work, or additional work agreed to. The Client consents for us to provide any information or documents provided by the Client to us to any subcontractor hired by us for the carrying of out of the works under this agreement.
9.1 No warranty, express or implied, is provided by Aquavision Plumbing Solutions for any existing plumbing fixtures, pipes, or systems. Furthermore, the Client understands that connections to existing plumbing are sometimes difficult due to the state of deterioration of existing pipes and/or the existing pipe’s location, and the Client agrees to pay any additional costs, arising due to the state of existing pipework, which is necessary to perform the quote works.
9.2 The Client hereby acknowledges that aged and deteriorated plumbing fixtures, piping, and appurtenances may no longer be serviceable. In this case, the Client hereby agrees to hold us harmless from and defend us against any and all claims of liability for damages to those items or otherwise resulting from conventional repair efforts.
The removal of any and all rubbish/debris shall be the sole responsibility of the Client however, we shall leave the site in a neat, broom clean condition. All old parts will be removed from the site and discarded by us unless otherwise specified in the quote. Payment is to be made upon practical completion.
11.1 If Aquavision Plumbing Solutions must obtain access to other person’s properties in the course of the contracted work, the Client shall secure permission for such and hold harmless, defend and indemnify, including solicitors fees incurred, Aquavision Plumbing Solutions and its employees and agents against all actions and consequences arising from or relating to the use of said properties, including but not limited to damage done in the normal course of work.
11.2. The Client shall be responsible for securing, removing and protecting all property and contents during and upon completion of the contracted work and shall hold harmless, defend and indemnify, including solicitors’ fees incurred, our employees and agents against all claims arising out of the Client failure to do so.
11.3. The Client is responsible for supplying water, gas, sewer and electrical utilities as required unless otherwise agreed to in writing. The Client agrees to provide the us with unlimited electricity and water within 30 metres of the site prior to commencement of the contracted work.
12.1. The Client will be entitled to warranty for works completed as per the relevant application law in Victoria where the works have been carried out. This warranty does not cover faults caused by misuse, negligence, or damage caused by the Client, other persons or acts of God including, but not limited to, fire, storms, flood and earthquake.
12.2. The Client may claim their warranty by making contact with us. The work order will be processed as a priority and Aquavision will attend to the site as soon as possible. If the issue is deemed to be a warranty, the charge will be refunded. If the issue is deemed non-warranty the initial charge will apply and an additional charge for parts and any additional labour will be due as per the provided quote.
Works outside the metropolitan area will be subject to extra travel time charges. Please note, if the contractor deems that the problem is covered under warranty, then no charges will apply.
12.3. In circumstances that it is determined that an issue is not part of the warranty, Aquavision Plumbing Solutions can only quote to rectify or repair the issue, the Client must advise whether they accept the quote.
12.4. The warranties for materials supplied by us shall be those warranties provided by the manufacturer or supplier of that item. Aquavision Plumning Solutions does not provide any warranties in addition to the manufacturer’s warranties. Aquavision Plumbing Solutions shall leave such warranties at their respective manufacturer.
12.5. Aquavision Plumbing Solutions shall not be responsible for the costs of reinstalling fixtures or materials warranted by manufacturers.
12.6. Notwithstanding the above, Aquavision Plumbing Solutions will not attend the site to attend to any issues in respect of the warranty set out above until all outstanding payments have been made.
13.1. Aquavision Plumbing Solutions’ liability to the Client or any third party is strictly limited to the cost of re-performing the works outlined in the quote.
13.2. Aquavision Plumbing Solutions shall not be liable for any consequential loss or damage, including but not limited to, loss of profits, incidental, special, exemplary, indirect or consequential damages resulting from or in connection with any work performed, or any damage or problem caused, regardless of if covered by this limited warranty. The Client’s right to repair or replacement are the Client’s exclusive remedies.
13.3. The warranties provided for herein shall commence upon the substantial completion of the contracted work, or if the work is done in phases, upon completion of any specific portion of the work, and not upon acceptance or inspection by any person or party. Nothing contained in this provision shall be construed to extend the term of any warranty provided herein.
13.4. Aquavision Plumbing Solutions does not warrant any materials supplied by the Client.
13.5. There is no warranty on drain cleaning unless we expressly stated in the quote. If there is a warranty provided and agreed by us, it would be the only one relevant to the quote drain cleaning works.
14.1. The Client shall hold us harmless, and shall be solely responsible for any damage or expense incurred to remove, restore, repair or replace its premises and/or any portion thereof, as well as the damaged equipment, if any tool, drain cleaning cable, water jetting hose, or other equipment of ours becomes stuck in a drainage line in the prosecution of Aquavision Plumbing Solutions conducting the contracted work.
14.2. If there is a sewage spill, including one deemed hazardous, the cost of clean-up is the sole responsibility of the Client.
14.3. Removal of tree root growth or blockage alone will not ensure that similar problems will not recur and as such carries no guarantee unless otherwise stated herein.
The Client acknowledges that electronic locating is not always accurate and there are factors involved with this procedure that could very well generate false readings. Therefore, the Client shall us harmless from any claim, loss, or damage resulting from this procedure.
16.1. Delivery of Goods and Services shall be made to the Client nominated address stipulated in the Order.
16.2. It is the Client’s responsibility to:
(a) obtain all consents (including Body Corporate if the property is part of a Strata Plan) and to make all arrangements to provide by us with access to the SITE where the Goods and Services are to be delivered and performed;
(b) provide us with full details of any statutory restrictions or consents which may affect us in delivering the Goods or performing the Services; and
(c) provide Aquavision Plumbing Solutions, its contractors and employees with safe and reasonable access to the site where the Services are to be performed or to where the Goods will be delivered including the removal of any furniture or personal items that may impede access (the Client takes full responsibility for any loss or damage caused due to the Client not taking reasonable action to minimise the risk of damage); to allow our employees and contractors to deliver the Goods and perform the Services during usual business hours.
16.3. Any time or date nominated or accepted us for performance, delivery, despatch, or arrival of the Goods or performance of the Services is an estimate only and does not constitute a term or condition of these Terms and Conditions or of the Contract.
16.4. Aquavision Plumbing Solutions is not liable for the consequences of any delay as a result of any cause outside the reasonable control of ours, notwithstanding that any such cause may be operative at the time of entering the Contract or accepting an Order. In these circumstances, Aquavision Plumbing Solutions may reasonably extend the time for performance, delivery, despatch or arrival of the Goods or performance of the Services or cancel the Contract without incurring any Liability.
16.5. Time for performance, delivery, despatch or arrival of the Goods or performance of the Services is not of the essence of the Contract and the Client may not cancel the Contract for any failure by the Company to deliver the Goods or perform the Services by the estimated date.
16.7. Aquavision Plumbing Solutions may cancel the delivery of Goods or Services at any time before the Goods are delivered by notice in writing to the Client. Aquavision Plumbing Solutions shall not be liable for any loss or damage whatever arising from such cancellation.
17.1. Title in the Goods remains with us until the Goods as well as any other amounts owing by the Client to us have been paid for in full.
17.2. The Client must not deal with or dispose of the Goods until the title in the Goods has passed to us.
Whilst the Goods are in the possession of the Client before title in the Goods has passed, the Client must, at its sole expense, keep the Goods in the same condition as that in which they were delivered and make good any damage or deterioration.
19.1. In addition to any other rights the Client may have under the Australian Consumer Law and subject to any rights to us may have under the Australian Consumer Law or otherwise, Aquavision Plumbing Solutions will accept a return of defective Goods from the Purchaser if:
(a) the Client notifies us within seven (7) days of receiving the Goods of any alleged defect, shortage in quantity, damage or failure to comply with the quote;
(b) the Goods are in the same condition as they were in when supplied to the Client and their packaging is undamaged; and
(c) the Goods are returned to us by the Client within 14 days of their Delivery including deemed Delivery, but only after having received by Aquavision Plumbing Solutions’ express written approval to return the Goods.
19.2. If the Client fails to comply with the terms of clause 1 the Goods shall be conclusively presumed to be in accordance with the terms of the Order and free from any defect, damage or shortage of quantity.
19.3. If the Goods are defective and returned to us strictly in accordance with the terms of clause 1 to our discretion:
(a) replace the Goods; or
(b) refund the Client’s purchase Price or part of the Price where only part of the Goods delivered are defective.
19.4. If the Client wishes to return Goods that are not defective or faulty, we may in its absolute discretion accept the return of the Goods and will charge the Client a 20% handling charge 30% restocking fee, plus the transport and freight costs incurred by the us.
19.5. If the Goods and Services supplied by us come with a manufacturer’s warranty the only warranty given by us shall be the warranty received from the manufacturer, subject to any provision set out in the Australian Consumer Law, and we shall not be obliged to provide any warranty greater than the manufacturer’s warranty.
19.6. Aquavision Plumbing Solutions warrants that any Services provided by us or Goods supplied that do not come with a manufacturer’s warranty will be free from defect, fit for their intended purpose and performed in a proper and workman like manner. Any breach of this warranty by us shall be limited to the replacement of the Goods and Services or a refund of the Price and under no circumstances we’ll be liable to the Client for any Liability, indirect or consequential losses or damages.
19.7. If there is a defect in the Goods and Services supplied by us, the Client acknowledges and agrees that it shall notify us of the alleged defect, provide Aquavision Plumbing Solutions with a reasonable opportunity to inspect the alleged defect and if we agree the Goods or Services are defective than provide us with a reasonable opportunity to return and repair the agreed defective Goods or Services. Aquavision Plumbing Solutions shall not be liable to pay for the costs or expense for any parts, materials, items or goods situated within the area of the defective works and shall only be liable for the repair and or replacement of the original Goods or Services supplied.
(a) Underground excavation entails the possibility of encountering unexpected subsoil conditions including, but not limited to, rock, clay, shale, sink holes etc. Reasonable efforts will be made by us to locate or predict such conditions, but no warranty is expressed or implied as to what will be discovered or encountered during underground excavation.
(b) any adverse conditions which arise during excavation will require additional work which will be billed at time and materials above and in addition to the amount shown on the quote. By entering into this agreement, the Client agrees to these potential additional charges which may include work by others where necessary in our opinion.
(a) Digging entails the possibility of encountering unexpected service lines and cables running through the site. Reasonable efforts will be made by us to locate or predict such service lines and cables, but no warranty is expressed or implied as to what will be discovered or encountered during digging.
(b) the Client agrees to accept responsibility for any damage caused by Aquavision Plumbing Solutions to such service lines or cables and further agrees to pay for any labour or materials required to rectify the damage.
Aquavision Plumbing Solutions has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the site or the Client’s property and has not conducted any such investigation. Aquavision Plumbing Solutions does not perform asbestos or other hazardous material or substance removal and we shall have no responsibility whatsoever for any such removal. The Client expressly releases and shall hold us harmless from any liability whatsoever and for all claims arising out of its presence, release, remediation or removal and for any costs, losses or damages the Client may suffer or sustain if it is found to exist on the site or on the Client’s property.
23.1. The Client acknowledges, understands and agrees to pay for any and all detriment proximately caused by the Client’s breach of this agreement, including but not limited to damages for the delay or acceleration of this agreement, office administration fees, court, arbitration and lien filing fees, collection costs, interest, detriment caused by a loss of operating capital, and all losses associated in pursuit of relief from the Client’s breach of this agreement.
23.2. If the Client or Aquavision Plumbing Solutions consider a dispute has arisen in relation to any matter covered by this agreement, that party must give the other party written notice of the dispute. If the dispute cannot be resolved with the help of a mutually agreed third party, or if a third party cannot be mutually agreed to, either party may refer the matter to the Fair-Trading/Small Claims Tribunal.
24.1. The Client represents that, except as described in the quote, all plumbing drainage, gas fitting, and roofing systems are in good order and condition and agrees to hold us harmless for the discovery of defective conditions.
24.2. The Client shall notify us on whether their asset/property is/was fully compliant prior to us assessing and or carrying out works. Aquavision Plumbing Solutions does not take responsibility for work/s prior to the quote provided, and as outlined in this quote if the pre-existing structures or materials are non-compliant.
Aquavision Plumbing Solutions may, without prejudice to any other claim or right us may have, terminate the Contract immediately and any other Contract, agreement or arrangement with the Client if:
(a) The Client defaults on or breaches its obligations to us, whether under the Contract or otherwise.
(b) The Client commits any act of bankruptcy or if any petition in bankruptcy is presented against it.
(c) The Client is a corporate body and the Client becomes insolvent or goes into liquidation or if a receiver of the Client’s assets or undertaking or any part of the Client’s assets is appointed.
(d) The Client is unable to pay its debts.
(e) The Client has cancelled or threatened to cancel a payment; or
(f) Any consents, authorisations, licences or insurances which the Client is obliged to obtain and maintain are not obtained or maintained in full force and effect.
26.1. The Client may terminate this agreement before initiation of the work. However, the cancellation of a booked job will incur a standard assessment fee, as specified at the time of booking if not cancelled prior to 24 hours before the technician’s arrival time. Fees relevant to non-refundable (customised) materials, and delivery charges. Any and all deposits that have been paid by the Client prior to cancellation shall be forfeited as liquidated damages.
26.2. If the Client instructs us to cease work before work is completed, the Client shall immediately pay for all necessary inspections by the relevant authority and all work carried out and materials and equipment used up to the time we cease work, including any work carried out after the Client’s instructions are given in order to make the site secure as to health and safety as required by relevant legislation. In the event the Client cancels this agreement, any deposit paid shall be forfeited. If the amount due exceeds the amount of the deposit the Client must pay the balance due to Aquavision Plumbing Solutions within seven (7) days of receiving written notice of the amount due.
Unless otherwise provided for herein, the following are not included in, and not part of this agreement, including but not limited to rock or shale excavation, backhoe hire, tree removal, shoring, dewatering, authorities’ fees and charges, or any other work not mentioned in this contract.
28.1. The Client acknowledges that a fee of $180.00 will be charged separately from the quote for further administration requests made by the Client’s Insurance/ Body Corporation/ Government bodies. If the Client does not agree to pay the estimated cost of a detailed report, we will be under no obligation to provide the report requested. Aquavision Plumbing Solutions also reserves the right to request payment in advance for the costs of preparing the detailed report.
28.2. The Client acknowledges that the Client will be the primary contact with the Client’s Insurance/ Body Corporation/ Government bodies.
The applicable law that applies to this agreement is the state or territory where the works are carried out.
We'll take care of all your plumbing needs.
Mon - Fri: 7am - 7pm
Weekend: 8am - 7pm
5 Everage Street, Moonee Ponds VIC 3039
Please don't hesitate to contact this number to arrange a convenient time for a site assessment
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