Terms and Conditions

1. Definition
In these terms and conditions:
1.1. “CLIENT” means the person to whom the QUOTE or invoice is addressed.
1.2. “QUOTE” means any quotation issued by the COMPANY subject to these terms
and conditions.
1.3. “SITE” means the location at which the works are to be performed.
1.4. “COMPANY” means Aquavision Plumbing Solutions Pty Ltd (ABN 51 649 819 741)
and/or its contractors, agents or employees.
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2. Payment
2.1 All work is done on a flat rate price basis unless otherwise specified in the QUOTE.
The price includes labour, materials and GST. 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 No deductions shall be made from any payment due to the COMPANY for any reason,
including but not limited to liquidated damages, penalties, or back charges assessed by
the CLIENT or third parties. The 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, the COMPANY may at its sole discretion, terminate work and
this agreement immediately. In the event of such termination for non-payment, the
COMPANY 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. The COMPANY 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 the COMPANY 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 10% per month and an additional administration fee of $25.00 per
month.
2.5 Total payment for all work performed by the COMPANY will need to be paid on the
same day of the completion of the job, unless otherwise agreed in writing by the
COMPANY.
2.6 The quotes provide to the CLIENT by the COMPANY is valid for 7 business days from
the date the quote is sent to the CLIENT, unless different arrangements have been made
between the COMPANY and the CLIENT.
2.7 Minimum progress payments are required for any works $700.00 and over at the
following stages of the works:
50% Deposit (Non-Refundable)
25% Progress Payment
25% On Completion of works

‍Term and Conditions
All goods which are supplied by the COMPANY 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 the
COMPANY email address in order to secure CLIENT’S job.
2.8 Goods and Services provided by the COMPANY will be automatically the property of
Aquavision Plumbing Solutions Pty Ltd 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 the COMPANY when
the payment is received in clear funds into the COMPANY’s bank account or when
cheques provided for payment have been cleared.
2.9 Any variation from the plan of scheduled works, specifications or additional works that
may not have been reasonably anticipated by the COMPANY for the provision of the
Goods and Services will be charged as a variation (Variation). If a Variation is required:
a) The COMPANY will provide the CLIENT with a QUOTE for the Variation prior to
commencing the Variation and the CLIENT must notify the COMPANY 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.
2.10 The CLIENT acknowledges that the COMPANY 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 the COMPANY the
reasonable costs and expenses incurred with an emergency Variation.
2.11 The CLIENT is liable to pay the COMPANY 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 the COMPANY within 5 business days of the COMPANY
issuing an invoice for such costs.
2.12 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
chargedTerm and Conditions

3. Notice of Defective Work
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 the COMPANY, 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 the COMPANY in writing. The COMPANY, by right of the
Consumer Law, will be given the first opportunity to repair the alleged defective work.
Failure to provide the COMPANY with the first opportunity to repair the alleged defective
work shall void all warranties, express or implied hereunder and relieve the COMPANY of
any liability to the CLIENT. The CLIENT agrees and recognises that they shall not withhold
any payments for allegedly defective works. the COMPANY is not responsible for
reimbursement of work performed by another COMPANY 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 the COMPANY , then
any warranties in respect of the work performed by the COMPANY shall become void.

‍4. Services Not Covered
4.1 The description and scope of the work to be performed by the COMPANY is specified
in the QUOTE.
4.2 The COMPANY 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 the COMPANY, 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.5. Scope of Agreement
5.1 These terms and conditions, including the QUOTE, represent the entire agreement
between the CLIENT and the COMPANY, and supersedes all prior negotiations,
representations or agreements, either oral or written. This agreement may be amended
only by a written offer by the COMPANY and acceptance by the CLIENT. This agreement
binds jointly and severally all signing as CLIENT, their heirs, successors and assigns.
5.2. The COMPANY 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. The COMPANY is under no obligation to alter its price on account of
other QUOTES. The COMPANY will not negotiate the price of this agreement after it has
been accepted by the CLIENT.
5.3. The CLIENT acknowledges and agrees that the COMPANY shall be entitled to be
paid from the deposit the following:
(a) The cost of any Goods and Services already completed by the COMPANY including
but not limited to any materials and items purchased by the COMPANY 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 the COMPANY prior to the date of cancellation.Term and Conditions

6. Recommendation not performed
If the COMPANY 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 the COMPANY 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.

‍7. Extermination
The COMPANY has the right to cease work if, in the opinion of the COMPANY, 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. The COMPANY is under no obligation to recommence work until, in its opinion, the rodent or pest problem is resolved.

‍8. Subcontractors
The COMPANY 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 the
COMPANY to provide any information or documents provided by the CLIENT to the
COMPANY to any subcontractor hired by the COMPANY for the carrying of out of the
works under this agreement.

‍9. Existing Plumbing
9.1 No warranty, express or implied, is provided by the COMPANY 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 the COMPANY harmless from and defend the COMPANY against any and
all claims of liability for damages to those items or otherwise resulting from conventional
repair efforts.

‍10. Rubbish
The removal of any and all rubbish/debris shall be the sole responsibility of the CLIENT
however, the COMPANY shall leave the SITE in a neat, broom clean condition. All old
parts will be removed from the SITE and discarded by the COMPANY unless otherwise
specified in the QUOTE. Payment is to be made no less than 90% of the QUOTES price
prior to the SITE being cleared.

‍11. Site Conditions
11.1 If the COMPANY 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, the COMPANY 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.
Term and Conditions
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, the COMPANY , its
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
COMPANY unlimited electricity and water within 30 metres of the SITE prior to
commencement of the contracted work.

‍12. Limited Warranty
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 the COMPANY. The
work order will be processed as a priority and the COMPANY 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, the
COMPANY 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 the COMPANY shall be those warranties
provided by the manufacturer or supplier of that item. The COMPANY does not provide
any warranties in addition to the manufacturer’s warranties. The COMPANY shall leave
such warranties at their respective manufacturer.
12.5. The COMPANY shall not be responsible for the costs of reinstalling fixtures or
materials warranted by manufacturers.
12.6. Notwithstanding the above, the COMPANY 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. Limitation of Liability
13.1. The COMPANY’s 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. The COMPANY 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.
Term and Conditions
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. The COMPANY does not warrant any materials supplied by the CLIENT.
13.5. There is no warranty on drain cleaning unless the COMPANY expressly stated in
the QUOTE. If there is a warranty provided and agreed by the COMPANY, it would be the
only one relevant to the QUOTE drain cleaning works

‍14. Drain Cleaning Inspection
14.1. The CLIENT shall hold the COMPANY 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 of the COMPANY, if any tool,
drain cleaning cable, water jetting hose, or other equipment of the COMPANY becomes
stuck in a drainage line in the prosecution of the COMPANY 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.

‍15. Electronic Locating
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 hold the COMPANY harmless from any claim, loss, or
damage resulting from this procedure.

‍16. Delivery of Goods & Services
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 the COMPANY with access to the SITE
where the Goods and Services are to be delivered and performed;
(b) provide the COMPANY with full details of any statutory restrictions or consents which
may affect the COMPANY in delivering the Goods or performing the Services; and
(c) provide the COMPANY, 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 the
COMPANY’s employees and contractors to deliver the Goods and perform the
Services during usual business hours.
Term and Conditions
16.3. Any time or date nominated or accepted by the COMPANY 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. The COMPANY is not liable for the consequences of any delay as a result of any
cause outside the reasonable control of the COMPANY, notwithstanding that any such
cause may be operative at the time of entering the Contract or accepting an Order. In
these circumstances, the COMPANY 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. The COMPANY may cancel the delivery of Goods or Services at any time before
the Goods are delivered by notice in writing to the CLIENT. The COMPANY shall not be
liable for any loss or damage whatever arising from such cancellation.

‍17. Transfer of Title
17.1. Title in the Goods remains with the COMPANY until the Goods as well as any other
amounts owing by the CLIENT to the COMPANY 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 the COMPANY.

‍18. Risk
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. Return of Defective Goods & Warranty
19 .1. In addition to any other rights the CLIENT may have under the Australian Consumer
Law and subject to any rights the COMPANY may have under the Australian Consumer
Law or otherwise, the COMPANY will accept a return of defective Goods from the
Purchaser if:
(a) the CLIENT notifies the COMPANY 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 the COMPANY by the CLIENT within 14 days of their
Delivery including deemed Delivery, but only after having received the COMPANY’s
express written approval to return the Goods
Term and Conditions
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 the COMPANY strictly in accordance
with the terms of clause 1 the COMPANY shall, at its 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, the
COMPANY 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 COMPANY.
19.5. If the Goods and Services supplied by the COMPANY come with a manufacturer’s
warranty the only warranty given by the COMPANY shall be the warranty received from
the manufacturer, subject to any provision set out in the Australian Consumer Law, and
the COMPANY shall not be obliged to provide any warranty greater than the
manufacturer’s warranty.
19.6. The COMPANY warrants that any Services provided by the COMPANY 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 the COMPANY shall be limited to the replacement of the Goods and
Services or a refund of the Price and under no circumstances will the COMPANY 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 the COMPANY the
CLIENT acknowledges and agrees that it shall notify the COMPANY of the alleged defect,
provide the COMPANY with a reasonable opportunity to inspect the alleged defect and if
the COMPANY agrees the Goods or Services are defective than provide the COMPANY
with a reasonable opportunity to return and repair the agreed defective Goods or
Services. The COMPANY 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.

‍20. Unforeseen excavation
(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 the COMPANY 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 the opinion
of the COMPANY.Term and Conditions

21. Unforeseen service lines and cables
(a) Digging entails the possibility of encountering unexpected service lines and cables
running through the SITE. Reasonable efforts will be made by the COMPANY 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 the COMPANY
to such service lines or cables and further agrees to pay for any labour or materials
required to rectify the damage.

‍22. Asbsestos
The COMPANY 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. The COMPANY does not perform
asbestos or other hazardous material or substance removal and the COMPANY shall have
no responsibility whatsoever for any such removal. The CLIENT expressly releases and
shall hold the COMPANY 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. Dispute Resolution
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 the COMPANY 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. Responsibilities of Client
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 the COMPANY harmless for the discovery of defective conditions.
24.2. The CLIENT shall notify the COMPANY on whether their asset/property is/was fully
compliant prior to us assessing and or carrying out works. The COMPANY 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.

‍25. Breach and Client Insolvency
The COMPANY may, without prejudice to any other claim or right the COMPANY 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 the COMPANY, whether under
the Contract or otherwise.
Term and Conditions
(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. Termination of Contract
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 the COMPANY 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 the COMPANY
ceases 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
the COMPANY within seven (7) days of receiving written notice of the amount due.

‍27. Miscellaneous exclusions
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. Insurance Claims and Report Writing and Liaison
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, the COMPANY will be under no obligation to provide the report
requested. The COMPANY 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.

‍29. Applicable Law
The applicable law that applies to this agreement is the state or territory where the works
are carried out