Special Note - Any and all worked carried out by Monty's Plumbing Projects Pty Ltd either quoted or otherwise shall be subject to these terms and conditions in full. It is the sole responsibility of the client/customer to read the terms and Conditions carefully and pursue legal advice is required before engaging Monty's Plumbing Projects Pty Ltd.
1. Definitions
- Monty's Plumbing Projects Pty Ltd shall mean and agents, contractors and employees hereof.
- 'Client/customer" shall mean the client/customer, any person acting on behalf of and with the authority of the client/customer, or any person chasing products and services from Monty's Plumbing Projects Pty Ltd.
2. Payments
- 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 completion of works.
- Any payments which fall overdue shall incur a late fee of 10% daily until paid.
- All quoted works are subject to variations as required and are at the discretion of Monty's Plumbing Projects Pty Ltd in order to carry out and complete works to Australian and Safety Standards. All variations will incur further fees and charges in addition to the original quoted work.
- Additional fees and charges shall apply outside of the normal business hours 7am-5pm Monday to Friday and 8am to 2pm Saturday.
3. Goods
- All goods shall remain the property of Monty's Plumbing Projects Pty Ltd until such time payment is received in full.
4. Cancellation
- Monty's Plumbing Projects may cancel these terms and conditions or cancel delivery of goods and services at any time given at least 24 hours written notice. Monty's Plumbing Projects Pty Ltd shall not be liable for any loss or damage what-so-ever arising from such cancellation.
- The client must provide at least 2 days notice to Monty's Plumbing Projects Pty Ltd in writing of any cancellation of works. Failure to do so will incur a 30% payment of the original quoted/invoiced amount payable by the client
- Placing a deposit with Monty's Plumbing Projects Pty Ltd secures and confirms your job. Where a deposit has been paid to Monty's Plumbing Projects Pty Ltd deposits are non-refundable
5. Warranty
- Warranty shall be valid for 1 year from invoice date (unless stated otherwise) from invoice date. Warranty shall only be valid on exact location and works as carried out by Monty's Plumbing Projects Pty Ltd. Client must provide original invoice for proof of goods.
- Warranty on all work carried out as well as all products provided by Monty's Plumbing Projects Pty Ltd are valid under warranty terms and conditions once the invoice amount has been paid in full by the client. If invoice remains unpaid for longer then 30 days on completion of job, Monty's Plumbing Projects Pty Ltd are not liable for any further works or repairs from the original invoice.
- All valve and valve type products as well as any specified items installed by Monty's Plumbing Projects Pty Ltd must be serviced annually by Monty's Plumbing Projects Pty Ltd. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment of service.
- The client shall inspect the goods and works on completion and report and defects to parts or installation works within 48 hours in writing to Monty's Plumbing Projects Pty Ltd or any alleged defects, shortage in quantity or quality damage. The client shall afford Monty's Plumbing Projects Pty Ltd an opportunity to inspect the alleged damage/defect within 7 working days from the date of written notification and give Monty's Plumbing Projects Pty Ltd the opportunity to make good to Australian and reasonable standards within 14 working days.
6. Client Disclaimer
- 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 agent of Monty's Plumbing Projects Pty Ltd and the client acknowledges that he/she but the services of Monty's Plumbing Projects Pty Ltd relying solely upon his/her own skill and judgement and that Monty's Plumbing Projects Pty Ltd 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 and shall not be transferrable to any subsequent client.
7. Underground services
- The client will indemnify Monty's Plumbing Projects Pty Ltd and keep Monty's Plumbing Projects Pty Ltd indemnified against any liability, loss or claim or proceedings or any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged. Monty's Plumbing Projects Pty Ltd will bot be liable for any repair work and 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; and c) consequential or economic loss of any kind.
8. Rock and Filled Ground
- Unless specified included in written quotes and/or estimates, rock excavation, dewatering or supportive work such as pier and beams for filled or made up ground will be charged as a variation to the original quoted price. Quotation in based on excavation of clean soils only, unless otherwise specifically stated in writing.
- Existing soils shall be returned to excavated areas where possible and ground shall be left filled. Landscaping and concrete works are not included in quotation unless specified in writing.
9. Drains and Sewer
- The client understands that the presence of plant/tree root growth and or blockages generally indicates damaged pipes. Additionally the client agrees that blocked drains, sewer pipes and storm water lines cannot be permanently fixed by simple removing 'plant/tree root growth" or cleaning the drain. Therefore, no warranty is provided in relation to future blockages regardless of timeframe reoccurring whether in the same location or other drainage/sewer lines within the same property.
- Should any Plumber's equipment become lodged or damaged in the customers drain it will be removed and/or repaired at the clients expense (includes materials, parts and labor) or monetary compensation to the total replacement of same or higher quality value will become payable to Monty's Plumbing Projects Pty Ltd immediately.
10. General
- 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.
- Monty's Plumbing Projects Pty Ltd does not accept any responsibility for damage to property during works being carried out.
- Monty's Plumbing Projects Pty Ltd 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 Monty's Plumbing Projects Pty Ltd.
- In the event or any breach of this contract by Monty's Plumbing Projects Pty Ltd the remedies of the client shall be limited to damages. Under no circumstances shall the liability of Monty's Plumbing Projects Pty Ltd exceed the price of the goods.
- Monty's Plumbing Projects Pty Ltd reserves the right to review and make changes to these terms and conditions at any time.
Copyright © 2020 monty's plumbing projects Pty Ltd - All Rights Reserved.
ABN: 675005428
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