In these Terms & Conditions (“Agreement”):
“Company” means SEQ Plumbing & Roofing.
“Client” means the person, company or entity who requests and/or pays for the Goods and/or Services.
“Quote” means the written estimate provided by the Company to the Client in respect of Goods and/or Services.
“Goods” means any materials, products, components supplied by the Company to the Client.
“Services” means the plumbing, roofing, maintenance, installation, repair, new build, renovation or other services provided by the Company to the Client.
“Site” means the property, premises or location where the Services are to be carried out and/or the Goods supplied.
“Contract” means the agreement formed when the Client accepts the Quote and these Terms & Conditions apply.
2.1 These Terms & Conditions apply to all Quotes, Contracts and supply of Goods and/or performance of Services by the Company to the Client.
2.2 Acceptance of the Quote (by signing, instructing the Company to proceed or payment of deposit) constitutes acceptance of these Terms & Conditions by the Client.
2.3 No other terms or conditions (including the Client’s standard terms) will apply unless agreed in writing by the Company.
3.1 The Company will provide a Quote for the Goods and/or Services required.
3.2 The Quote is based on the information provided by the Client at the time. If the scope of works changes, or unforeseen circumstances arise (including latent conditions, access issues, additional materials, time delays) the Company may issue a variation.
3.3 The Quote remains valid for a specified period (e.g., 30 days) unless the Company advises otherwise.
3.4 The Company reserves the right not to commence Services until the Quote is accepted and any required deposit is paid.
4.1 The Client may request changes to the scope. All variations must be agreed in writing and any changes in cost or time will be charged accordingly.
4.2 The Company may also identify necessary variations (due to site conditions, regulatory changes, latent defects) and will notify the Client as soon as reasonably practicable.
4.3 Until a variation is accepted by the Client, the Company is not obliged to carry out the variation.
4.4 The Company will carry out variation works once the Client has accepted the cost/time implications.
5.1 The Client shall ensure the Site is accessible, safe and ready for the Services to be carried out without undue delay.
5.2 The Client shall provide necessary services (power, water, safe access, scaffolding where agreed, clearance of works area) to enable the Company to carry out the work.
5.3 The Client must advise the Company of all relevant site conditions, existing services (buried pipes, conduits, mains), structure, previous works, and any special requirements. The Company is not liable for costs or delays if the Client fails to disclose such information.
5.4 If the Client or other trades delay or impede the Company’s work, additional costs or time may be charged as a variation.
6.1 Unless specified, all materials and goods supplied by the Company are new and suitable for the intended purpose.
6.2 The Company may substitute materials of equivalent standard if original materials become unavailable, subject to Client approval.
6.3 Risk in goods passes to the Client upon delivery or installation (whichever is earlier). Title in goods remains with the Company until full payment is received.
7.1 The Client shall pay the price specified in the Quote plus any GST or other applicable taxes.
7.2 Unless otherwise stated, the Company may require a deposit before commencement (for example 50 % of the quoted amount) and progress payments as project milestones.
7.3 The balance is payable on completion of the Services (or per the payment schedule) and before the Company leaves the Site or releases any warranties or documentation.
7.4 If the Client fails to pay on time, the Company may charge interest on overdue amounts (for example 2 % above commercial lending rate) and recover any collection/legal costs.
7.5 Payment methods and any surcharges (e.g., credit card fees) will be advised in the Quote or by the Company.
8.1 The Company will endeavour to perform the Services within the agreed timeframe, but time is not of the essence unless stated.
8.2 The Company is not liable for delays caused by events beyond its control (including but not limited to weather, supply chain delays, site access issues, regulatory delays, Client changes).
8.3 The Company may claim additional costs or time extensions if delays are caused by the Client or other parties.
9.1 The Company warrants that the Services will be carried out with due care and skill and in accordance with applicable laws, licences and standards (including building and plumbing regulation in QLD) to the extent required by law.
9.2 Goods supplied will be new and free from defects, unless expressly stated otherwise.
9.3 The statutory rights of the Client under the Australian Consumer Law (ACL) cannot be excluded.
9.4 To the fullest extent permitted by law, the Company’s liability for breach of any implied warranty is limited, at its option, to re-performing the Services or supplying equivalent Services or refunding the price.
9.5 The Company excludes liability for indirect, special or consequential loss or damage (such as loss of profits or business opportunity) arising from the Services.
9.6 The Client indemnifies the Company against any loss, cost, damage, liability or expense arising from:
the Client’s failure to comply with Site responsibilities,
modifications carried out by others,
misuse or neglect of the Goods or Services,
unreported site conditions or defects.
10.1 The Client must inspect the Services and any Goods promptly on completion. If the Client finds any alleged defects or non-conformances, the Client must notify the Company in writing within a specified period (e.g., seven days) and allow the Company access to investigate.
10.2 If the Client fails to notify within that period or fails to permit access, the Services shall be deemed accepted.
10.3 The Company will, at its discretion and subject to any other rights of the Client under law, rectify the defect within a reasonable time.
10.4 The Company does not warrant defects caused by normal wear & tear, misuse, external influences, structural movement, or works by others not carried out by the Company.
11.1 The Company holds relevant insurance policies (public liability, workers compensation, contractor’s all-risks, etc) as required by law and will provide certificates on request.
11.2 The Client shall comply with all workplace health & safety (WHS) obligations applicable to the Site, and shall provide safe work environment and clear instructions where required.
11.3 The Company may suspend work if, in its opinion, the Site or circumstances pose an unacceptable risk.
12.1 The Client may cancel an accepted Quote or Contract by giving written notice; however, the Client shall reimburse the Company for all costs incurred up to the date of cancellation and may be liable for additional cancellation fees as specified in the Quote.
12.2 The Company may suspend or terminate the Contract if:
the Client fails to make payments when due;
the Client becomes insolvent or bankrupt;
the Site conditions become unsafe or unlawful;
the Client causes delay or prevents the work being carried out.
12.3 Upon termination, the Client shall pay for all work done and materials supplied to the date of termination.
13.1 This Agreement is governed by the laws of Queensland and the Commonwealth of Australia.
13.2 If a dispute arises, the parties shall attempt to resolve by negotiation or mediation before resorting to litigation or adjudication under the Building and Construction Industry Payments Act 2014 (Qld) (or other applicable Act) where relevant.
13.3 Each party irrevocably submits to the jurisdiction of the courts of Queensland.
14.1 The Company collects, holds and uses personal and business information about the Client for the purpose of supplying Goods and Services, billing, marketing and meeting legal obligations.
14.2 The Company may disclose such information to agents, contractors, collection agencies or credit reporters in accordance with the Privacy Act 1988 and Privacy Amendment (Enhancing Privacy Protection) Act 2012.
14.3 The Client may request access to and correction of their personal information held by the Company.
15.1 If any part of these Terms & Conditions is found to be invalid or unenforceable, it shall be severed without affecting the remainder.
15.2 The Company may amend these Terms & Conditions from time to time; the applicable version is the one referenced in the Quote/Contract.
15.3 The Client may not assign or transfer the Contract without the Company’s prior written consent.
15.4 No waiver by the Company of a breach of any provision of these Terms shall be deemed a waiver of any subsequent breach of that or any other provision.
If you have any questions regarding these Terms & Conditions, please contact:
SEQ Plumbing & Roofing
Email: admin@seqplumbingandroofing.com.au
Phone: 0451 082 362
QBCC License #: 135460899
