Cleary Plumbing & Earthworks Terms apply to any goods or services supplied, or to be supplied to the customer, or any third party on the customer’s behalf. Any reference to the customer also includes its respective successors or permitted assigns. If the customer constitutes more than one person or entity, the Terms connect each of them jointly and severally.
Terms & Conditions
Acceptance
Any instructions received by Cleary Plumbing & Earthworks from the Customer for the supply of goods or services shall constitute acceptance of the terms and conditions contained herein.
Where more than one customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the price. Upon acceptance of these terms and conditions by the customer the terms and conditions are irreversible and can only be rescinded in accordance with these terms and conditions or with written consent of Cleary Plumbing & Earthworks.
None of Cleary Plumbing & Earthworks’ agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by directors in writing nor is the company bound by any such unauthorised statements.
Quotes, Payment & Goods
The prices payable for the goods and services that you order are set out in our quote sent to you. Our quotes are valid for a defined period as outlined in the quotation. By agreeing to the quotation you agree to its terms, the terms outlined herein, and furthermore you agree with the payment terms outlined post completion of the job.
It remains Cleary Plumbing & Earthworks’ sole discretion that the price shall be either
- as indicated on invoices provided by Cleary Plumbing & Earthworks to the customer in respect of goods and/or services provided,
- or, Cleary Plumbing & Earthwork’s quoted or estimated price which shall be binding upon Cleary Plumbing & Earthworks provided that the client shall accept in writing the quotation or estimate within the specified time frame.
Any variation from the plan of scheduled works or specifications will be charged for on the basis of Cleary Plumbing & Earthworks’ quotation or estimate and will be shown as variations on the invoice.
Payment for all variations must be made in full at the time of completion. Time for payment for the goods or services provided shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of goods, or completion of works provided.
At Cleary Plumbing & Earthwork’s sole discretion, for certain approved customers an extended payment period will apply. Payment will be made by cash, cheque, direct credit or by credit card on completion of work (credit card’s additional charge may apply).
In the event that any money payable to Cleary Plumbing & Earthworks becomes overdue, the company shall be entitled to cancel all or any part of the order of the customer which remains unperformed, in addition to and without prejudice to any other remedies.
If any account remains unpaid at the end of the agreed term, Cleary Plumbing & Earthworks will issue a letter advising intent to serve. At Cleary Plumbing & Earthworks’ discretion, penalties and interest may apply for non-payment within an agreed term, as per the Taxation Administration Act 1996.
Warranty of Goods
The goods are as described on the invoices, estimate, quotation, work authorisation or any other work commencement forms as provided by Cleary Plumbing & Earthworks to the customer.
The warranty of goods shall be the current warranty provided by the manufacturer of the goods. Cleary Plumbing & Earthworks shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.
Delivery of Goods & Services
Delivery of goods shall be made to the customer’s address. The customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. The Plumber may deliver the goods by separate installments, in accordance with the agreed delivery schedule. Each separate installment shall be invoiced and paid for in accordance with the provisions in this contract of sale.
Delivery of goods to a third party nominated by the client is deemed to be delivery to the client for the purposes of this agreement. The failure of Cleary Plumbing & Earthworks to deliver shall not entitle either party to treat this contract as repudiated. Cleary Plumbing & Earthworks shall not be liable for any loss or damage whatsoever due to failure by Cleary Plumbing & Earthworks to deliver the goods, or any part of them, quickly or at all.
Unless specifically stated in writing, Cleary Plumbing & Earthworks’ quotes and estimates do not include rock excavation, dewatering or supportive work, such as pier and beams for filled or made up ground.
Cleary Plumbing & Earthworks 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 customer.