TERMS AND CONDITIONS

By engaging Longacre Plumbing Group for goods and services, the client acknowledges that they have read and agree to the terms of this agreement.

1.INTERPRETATION / DEFINITIONS

"Company" refers to Longacre Plumbing Group Pty Ltd, operating under the name Longacre Plumbing Group (ABN: 50 665 520 749), including its agents, contractors, or employees.

"Customer" refers to the party entering into the agreement for services with the Company.

"Agreement" refers to the contract between the Company and the Customer for the provision of plumbing services. The Agreement is considered to be in effect when the Customer signs or verbally or in writing approves the Authorisation, in accordance with these Terms and Conditions.

"Website" refers to the official website of the Company, located at www.longacreplumbinggroup.com.au

"Price" refers to the agreed-upon quotation price between the Company and the Customer. This price may be adjusted by the Company in accordance with these Terms and Conditions as necessary.

"Request for Services" refers to a request made by the Customer to the Company, outlining the scope of work needed.

"Goods & Services" refers to the goods and services to be provided by the Company to the Customer as per the Authorisation.

"Site" refers to the location where the work is to be performed.

"Subject to Change" means that the Terms & Conditions may be modified without prior notice.

"Acceptance of Terms" refers to the Customer's acceptance of the Terms & Conditions outlined herein.

"Signing" refers to signing the Quotation or Invoice, which constitutes a legal agreement and the Customer's acceptance of the Terms & Conditions of Longacre Plumbing Group.

2.AUTHORISATION

The Customer is required to provide sufficient information when submitting a request for services, allowing the Company to provide an accurate Authorisation and Quotation Price. Any shortcomings in the Services resulting from incomplete or inaccurate information provided in the Request for Goods & Services will be the Customer's responsibility.
The Company will not be held responsible for any loss or damage arising from the Customer's provision of inadequate or inaccurate information.

3.THE CUSTOMER

The Customer is responsible for ensuring that the Company has clear, adequate, and uninterrupted access to the site where the Services will be carried out, for the entire duration of the Services. The Company will not be liable for any loss or damage to the Client or their property resulting from insufficient access being provided.
The Customer acknowledges and agrees that any building or construction sites where the Services are performed will adhere to all relevant occupational health and safety laws, as well as any applicable safety standards or legislation.
The Company is not responsible for removing rubbish or cleaning up the site where the Services are performed, unless otherwise agreed upon with the Customer.
If the Customer is responsible for providing goods or services necessary for the performance of the Services, the Customer must ensure the site is prepared and the goods are available at least 24 hours prior to the scheduled time for the Company to perform the relevant Services.

4.PAYMENTS & SUPPLY OF GOODS AND SERVICES

The Company’s fees & charges are subject to change without notification to the Customer.
Goods and services will be supplied to the Customer’s address on the quotation unless otherwise notified to the Company by the Customer.
The full price is due when goods and services are supplied, unless agreed otherwise in writing. Ownership of goods remains with the Company until full payment is received.
The Customer agrees to pay the full invoice amount upon completion of works. Failure to make any payment upon completion of works on site shall be deemed a material breach of the contract.
In the event of non-payment, the Company reserves the right, at its sole discretion, to terminate work under this Agreement. Should termination occur due to non-payment, the Company shall be entitled to recover all expenses incurred, including but not limited to labor, materials, overheads, and any profits that would have been earned had the Agreement been fully performed. Additionally, the Company retains the right to pursue any other legal remedies available. The Customer agrees to compensate the Company for all expenses incurred in the collection of outstanding debts, including legal fees, mercantile agent commissions, and any other associated costs.
The Customer shall not make any deductions from any invoice or payment made to the Company, for any reason, including but not limited to liquidated damages, penalties, or back charges imposed by the client or any third parties.
Payment must be made using one of the Company’s accepted methods of payment at the time the price is due. In the case of non-cash payments, the payment shall not be considered complete until the full amount has been cleared and is available for the Company’s use.
Any payments which fall past the work’s completion date are overdue and shall incur a late fee of 4.5% above the Penalty Interest Rate paid in full or unless notified.
Labour costs will be charged at 15-minute lots for whole or part thereof.
The Company’s quotation is based on a visual inspection of the site; however, the actual scope or nature of the goods and services may not be fully determined until work begins. The Company reserves the right to amend the quotation once the provision of goods and services has commenced.
All quoted works are subject to variations as required and are at the discretion of the Company, in order to carry out & complete works to Australian & Safety Standards (including Victorian Building Authority regulations).
Unless previously withdrawn, a quotation issued by the company is open for acceptance for 30 days. The Company reserves the right to refuse any request for services by the Customer within 7 days of the request being made.
Once the Company has accepted a request for services, the Customer may not cancel the request without the prior written consent of the Company. In cases where the Company has already placed orders for materials from third-party suppliers, cancellation will only be permitted if the Customer agrees to reimburse the Company for the costs of the materials already purchased or committed to. This includes any non-refundable deposits, shipping, or handling fees associated with the materials. The Customer will be liable for any expenses incurred by the Company up until the point of cancellation.
The Company may, at any time after acceptance of a request for services, cancel the supply of goods and services or any part of them and the Company will not be liable for any loss or damage suffered by the Customer as the result of such cancellation.
If there is any change, variation in the goods and services, the subject of the request for service / scope of works or any extra work carried out by the Company, these will be charged by the Company at the Company’s standard rates and will be shown as variations in the Company’s tax invoice.
Additional fees & charges shall apply when goods and services are supplied outside of normal business hours, 7:00 am to 3:00 pm Monday to Friday.
The Customer accepts that invoices shall NOT be itemized.

5.REFUND POLICY

The Company does not have an obligation to provide a refund. If the goods are faulty, the Company will comply with all applicable laws.

6.WARRANTY

The warranty shall be valid for 12 months on materials (unless otherwise stated) from invoice date.
The warranty is only valid for the specific location and work completed by the Company. The Customer must present the original invoice as proof of the work carried out to validate the warranty
All valve and valve-type components, as well as any specified items installed by the Company, are required to be serviced by the Company every 6 months. Failure to comply with this maintenance requirement will result in the voiding of all warranties. It is the sole responsibility of the Customer to schedule the servicing appointment.
Upon completion of the goods and works, the Customer is required to inspect them and must report any defects, shortages in quantity, or damage in writing to the Company within 48 hours of completion. The Customer must allow the Company the opportunity to inspect the reported defects or damage within 4 working days of the written notification. Additionally, the Customer must provide the Company with a reasonable opportunity to rectify any defects to an acceptable standard within 30 working days.
No warranty shall be provided on blocked sewers, drainage or stormwater.
Certificate of compliances shall cost an additional fee of $150 plus GST.

7.CLIENTS DISCLAIMER

The Customer hereby acknowledges and disclaims any right to withdraw from or cancel the contract, as well as any entitlement to pursue damages or claim restitution, resulting from any misrepresentation made by any employee or agent of the Company.
The Customer acknowledges that the purchase of goods or services from the Company is based solely on their own skill and judgment. The Company shall not be bound by, nor held responsible for, any terms, conditions, representations, or warranties other than the manufacturer’s warranty, which is personal to the Customer and non-transferable to any subsequent purchaser.

8.IMEMNITY

The Customer agrees to indemnify and keep the Company, including its directors, agents, and employees, fully protected from any and all actions, losses, liabilities, costs, expenses (including reasonable legal fees), claims, or proceedings arising from services involving goods that are buried, unseen, disturbed, or damaged. This indemnity applies to any damage to the premises (real or personal), the work site, or any property of the Company located at the Customer’s premises, as well as any injury to persons on the Customer’s premises or any breach of this agreement by the Customer. The Company shall not be responsible for any repair work, and any such repair work required shall be at the Customer’s expense.

9.EXSISTING PLUMBING

No warranty is provided for any existing plumbing fixtures, pipes, or systems. The Customer acknowledges that connections to existing plumbing may not be feasible due to the condition of the current pipes at the location. The Customer agrees to cover any additional costs required to address such issues. Furthermore, the Customer understands that aged and deteriorated plumbing fixtures, piping, and related components may no longer be serviceable. The Customer agrees to indemnify and hold the Company harmless from any and all claims or liabilities arising from damage to these items or resulting from standard repair efforts.

10.ROCK AND FILLED GROUND EXCLUSIONS

Unless explicitly included in written quotes or estimates, any additional work such as rock excavation, shale excavation, trench shoring, tree or root removal, dewatering, or supporting work (e.g., piers and beams for filled or made-up ground) will be considered a variation to the original price and charged accordingly. The quotation is based solely on the excavation of clean soil, unless otherwise expressly stated in writing.
Where feasible, existing soils will be reinstated in the excavated areas, and the ground will be filled accordingly. Landscaping and concrete works are not included in the quotation unless explicitly outlined in writing. Any concrete, paving, or landscaping activities, including the replacement of shrubs, plants, or lawns, will be treated as a variation and governed by a separate agreement.

11.DRAIN AND SEWER

The Customer acknowledges that the presence of plant or tree root growth and/or blockages may indicate underlying damage to the pipes. The Customer agrees that simply removing plant or tree roots or cleaning the drain does not provide a permanent solution to blocked drains, sewer pipes, or stormwater lines. No warranty is offered for future blockages, regardless of timing, whether in the same location or in other drainage or sewer lines within the same property.
The Customer acknowledges that Closed Circuit Television (CCTV) is specialized equipment that may be used, at the Company’s sole discretion, to identify the source of a blocked drain. If CCTV equipment is utilized, the Customer understands that additional charges will apply. In the event that any of the Company’s equipment becomes lodged or damaged within the Customer’s drain, the Customer agrees to cover the cost of removal and/or repair, including materials, parts, and labor. Alternatively, the Customer agrees to provide monetary compensation for the full replacement of the equipment with items of equal or greater value, with payment due immediately to the Company.

12.RESTORATION

The Company will exercise reasonable care in the provision of goods and services to minimize any disruption or damage to surrounding areas, including but not limited to walls, ceilings, floors, garden beds, and painted surfaces. However, any subsequent repairs or restoration required as a result of the work performed are not included in the Company’s pricing and shall be the sole responsibility of the Customer, at their own expense.

13.ELECTRONIC LOCATING

The Company may utilize Electronic Location Services for locating purposes. However, electronic locating is not always precise, and various factors may contribute to inaccurate reading. As such, the Customer agrees to hold the Company harmless from any claims, losses, or damages arising from the use of this procedure. Furthermore, the Customer acknowledges that any line identified by the Company will be exposed through manual excavation methods only, and its exact location will be verified before any layout or work is carried out.

14.WATER/GAS AND ROOF LEAKS

The Customer acknowledges that identifying leaks involves a process of elimination, and the Company shall not be held liable for any leaks.
The Customer understands that roof leaks may not always be detected and resolved on the first visit. Multiple tests may be necessary to locate the source of the issue. The Customer agrees that roof leaks are influenced by numerous factors that cannot always be replicated, and the Company will make every effort to rectify all leaks within a reasonable timeframe.

15.SUBCONTRACTOR

The Company reserves the right to subcontract any or all of its goods and services under these Terms and Conditions without requiring the Customer’s consent.

16.SET OFF
You Agree That:

We may set off any credit amount that we owe to you against any debit due by you to us.
You are not entitled to withhold any payment on the basis of any set-off or claim you may have against us

17.DISPUTE RESOLUTION / COMPLAINTS

In the event of a dispute arising between the parties to this contract, either party may issue a written notice of dispute to the other, clearly identifying and providing details of the issue in question. If the Customer believes the Company has breached these Terms and Conditions, the Customer shall notify the Company of the alleged breach. Such notification may be sent via email or postal mail and must include the necessary contact details to facilitate communication regarding the matter. The Company’s Privacy Officer will review the Customer’s complaint and provide a response as soon as reasonably possible, but no later than 30 days from receipt of the complaint. Within 30 days of the notice of dispute being served, both parties shall meet at least once to attempt to resolve the dispute. At any such meeting, each party shall be represented by an individual with the authority to reach a resolution of the dispute

18.COMPLIANCE WITH LAW

The Customer and the Company shall adhere to all applicable statutes, regulations, and bylaws enacted by governmental, local, and other public authorities relevant to the works being performed.
The Customer shall, at their own expense, obtain all necessary licenses and approvals required for the works, including those from local councils or other governing bodies, unless otherwise specified by the Company.
The Customer agrees that the site will comply with all occupational health and safety laws applicable to building and construction sites, as well as any other relevant safety standards or legislation.
The Company will procure and maintain all insurance deemed necessary in relation to the provision of goods and services, as well as any other insurance required by law.

19.GENERAL

The client hereby grants the Company consent to utilize their personal information for marketing purposes and authorizes the Company to send future promotional or advertising materials.
Neither party shall be held liable for any default or delay in performance resulting from circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, strikes, lockouts, industrial actions, fires, floods, droughts, storms, or other events that cannot be reasonably anticipated or controlled.
The Company shall not accept responsibility for any damage to property incurred during the performance of the works.
The Company shall not be held liable for any delays in the completion of work arising from adverse weather conditions, shortages in labor, machinery, or materials, or any other factors that fall outside the direct control of the Company.
In the event of a breach of this contract by the Company, the Customer’s remedies shall be limited exclusively to the recovery of damages, and no other form of relief shall be available.
Under no circumstances shall the liability of the Company exceed the total amount paid by the Customer for the Goods and Services provided under this agreement.
Should any provision or part of this agreement be found to be illegal, unenforceable, or invalid, such provision or part shall be considered severed from this agreement, and the remainder of the agreement shall continue in full force and effect.

20.GOVERNING LAW

This contract shall be governed by and construed in accordance with the laws of the State of Victoria. Both the Customer and the Company irrevocably submit to the exclusive jurisdiction of the courts of Victoria, as well as the Federal Courts located in Victoria, for the resolution of any disputes arising under or in connection with this contract.

21.WHOLE AGREEMENT

This Application, together with these terms and conditions, constitutes the entire agreement between the parties. Except for any express terms set forth in a written order or written acceptance, all prior discussions, representations, agreements, or arrangements are hereby excluded, superseded, and rendered null and void.