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Terms and Conditions

Priority Plus Plumbing

TERMS & CONDITIONS OF SUPPLY OF PLUMBING SERVICES AND GOODS

  1. Definitions
    • ‘Contractor’ shall mean Priority Plus Plumbing Pty Ltd (ABN 83 115 120 977) and its successors or assigns.
    • ‘Client’ shall mean the Client, any person acting on behalf of and with the authority of the Client, or any person purchasing products and services from the Contractor.
    • ‘Guarantor’ means that person (or persons), or entity who agrees herein to be liable for the debts of the Client on a principal debtor basis.
    • ‘Goods’ mean the products, parts, components, materials and equipment supplied or to be supplied by the Contractor to the Client.
    • ‘Services’ mean the Services provided or to be provided by the Contractor to the Client.
    • ‘Price’ shall mean the cost of the Goods and Services as agreed between the Contractor and the Client.

  2. Acceptance
    • Any instructions received by the Contractor from the Client for the supply of Goods and/or Services and/or the Client’s acceptance of Goods and/or Services supplied by the Contractor shall constitute acceptance of the terms and conditions contained in this document.
    • Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price and must adhere to these terms and conditions.
    • Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be rescinded with the written consent of the manager of the Contractor.

  3. Engagement
    • The Contractor warrants and represents that the Contractor/s have all necessary skills, experience and licenses to be able to perform Services, and as such will perform Services in a workmanlike manner.
    • In the situation that an event occurs beyond the control of the Contractor which as a result prevents the contractor from performing the work as planned, including the agreed date, the Contractor will endeavour to inform the Client of such changes and make alternate arrangements where possible.
    • The Contractor supplies all materials and equipment necessary to be able to correctly perform a service. Unless specified otherwise materials and products supplied will be of high quality and fit for their purpose.
    • The Contractor may employ and use sub-contractors to provide any services relevant to the work to be performed.

The Contractor is solely responsible for all fees payable to sub-contractors.

  • The Contractor may, in its discretion, act to provide Goods and/or Services on the immediate or emergency instruction of a Client or a Client’s agent by including, but not limited to, responding to a work order, or responding to an email or text message direct to any staff member. In ensuring the consistent servicing of site needs in this way, the Contractor will not lose the benefit offered by any of the terms and conditions contained herein. The Client will be liable for the cost of the services or matters relating to any emergency call out under this clause.
  • No agents or representatives of the Contractor are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Contractor nor is the Contractor bound by any unauthorised statements made by any such agent.
  • The Client warrants to give the Contractor not less than fourteen (14) days prior written notice of any proposed change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice).
  • Where a Client cancels an engagement of the Services of the Contractor after the Services have commenced or have been authorised to be commenced, the Client will be held liable for costs incurred by the Contractor in relation to the provision of Services and/or Goods up to the point of cancellation.

  1. Payment and Charges
    • The Price will be as indicated on invoices provided by the Contractor to the Client with respect to Goods or Services supplied by the Contractor and will be inclusive of GST unless specified otherwise.
    • Time for payment of the Goods and/or Services will be of the essence and will be stated on the invoice, quotation or any other order form. If no time appears to be stated, or a time stated contradicts with any other time stated, the time will be seven (7) days following the date of the invoice.
    • All quotes provided by the Contractor will remain valid for 14 days after the quote has been tendered initially. Upon the expiration of that period, if the Client wishes to proceed, a new quote will be required to be issued by the Contractor.
    • The Contractor accepts payment via Electronic Funds Transfer, Cash, Bank Cheque or Mastercard/VISA Credit Card (where a surcharge of 2% will apply). The Client irrevocably and unconditionally authorises the Contractor to charge its credit card or debit card for the invoiced Price under this agreement.
    • In the event that the Client fails to pay the balance of a tax invoice on or before the due date specified, the Client agrees that the Client will subsequently incur interest in addition to the total outstanding amount at a rate of 3% compounded per month and that the Client will be liable to pay the accrued interest additional to the outstanding amount and the Contractor’s debt recovery and legal costs.
    • In the event the Client defaults in payment of an invoice, the Client shall indemnify the Contractor from any costs incurred by the Contractor in recovering the outstanding amount, such as through a debt recovery institution or through solicitors’ fees.
    • During the works any alterations or additional work carried out will be at an extra cost as agreed upon between the Contractor and Client and will be reflected in the Price on the invoice which relates to those works. This will include where it becomes apparent that the supply of a Good or Service is contingent upon other Goods and/or Services being delivered or supplied.
    • If the Client requires a variation in Service, the Contractor will provide a quotation to account for the variation which may affect the Price of the initial quotation. If the Client does not accept the change in Price, the Contractor is not obligated to carry out the variation in work unless the work is required in the case of an emergency.
    • The Contractor may increase its Price in its absolute and reasonable discretion (for such reasons including, but not limited to, increased operation costs, increasing cost of Goods faced by the Contractor and travel costs), by providing the Client with written notice of such increase to its Price.

  2. Site Access and Delivery of Goods/Services
    • The Client is responsible for ensuring the Contractor has clear, safe and uninterrupted access to the site until the Contractor has completed its work.
    • The Client will upon written notice from the Contractor, immediately reimburse the Contractor for any reasonable costs incurred from the Contractors access to the Site being prevented or interrupted for any reason including failure on the part of the Client to be present to allow access.
    • When working on a tiled roof care will be taken not to cause damage to roof tiles, however in the case that damage occurs the Contractor cannot be held responsible for the cost in replacing roof tiles or any damage caused. Due to old or brittle roof tiles breakage can occur. If this should occur, it is at the discretion of the Contractor to identify any cracks or breaks, notify the Client and/or move those tiles to areas over eaves and silicone seal them or replace them if the Client has spares.
    • Should the Contractor need to carry tools, equipment or appliances (including hot water systems) through a property care will be taken in doing so to not cause damage to the property but no liability will be accepted in the event this occurs. This includes due to the use of a trolley on floor coverings.
    • The Contractor will not be held liable for any delays for work not being completed due to weather conditions, shortage of labour hire or machinery and materials being unavailable or out of stock for use by the Contractor.
    • Prior to the Contractor commencing work for the Client, the Client must notify the Contractor of the precise location of all covered mains and services underground, in floors, walls, and cavities on the Site. If the Client does not do this, the Contractor is precluded from any or all liability in the event of an incident.

  3. Title and Risk
    • All Goods supplied by the Contractor to the Client shall, until the Contractor receives full payment for the same:
      • remain the property of the Contractor;
      • give rise to a PMSI in the Goods; and
      • not be a fixture to land.
    • In the event of a breach of these terms and conditions by the Client and in addition to any other right or entitlement the Contractor may have under the Contract or at law, the Contractor may without notice, repossess the Goods. The Client irrevocably authorises the Contractor to enter the premises upon which the Goods are located to repossess the same.

  4. Defects
    • Claims the Client makes to the Contractor to replace or refund any Goods or resupply any Services that the Client allege to be defective shall only be valid and considered if:
      • the Client notifies the Contractor of any alleged defect in writing;
      • within seven (7) days from the date of receipt of the Goods and Services; and
      • provides an opportunity to the Contractor to inspect the Goods shortly following the supply or delivery of the Good.
    • If the Client fails to comply with provision 7.1, the Goods shall be presumed conclusively to be in accordance with the terms and conditions and free from any defect or damage whatsoever.
    • If following the inspection, the Contractor considers the Goods or Services provided to be defective, then it may, in its discretion, elect to:
      • in the case of the supply of Goods, replace, repair or resupply the Goods;
      • in the case of the supply of Services, supply the Services again;
      • refund the cost of supplying the Goods and Services; or
      • a combination of the above.
    • The warranty given in clause 7.3 shall not cover any defect or damage which may be caused or partially caused by or arising through:
      • failure on the part of the Client to properly maintain any Goods;
      • failure on the part of the Client to follow any instruction given by the Contractor with respect to the Goods or Services;
      • any use of any Goods otherwise than for any application specified by the Contractor or specified on any quote or order form;
      • the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonable operator or user of the Good; or
      • fair wear and tear, any accident or act of God.
    • The warranty shall cease and the Contractor thereafter will in no way be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Contractor’s consent.
    • In respect of any and all claims, the Contractor shall not be liable to compensate the Client for any delay in either replacing or repairing the Goods or in assessing the Client’s claim.

  5. Drain Blockages and Fault Finding
    • The presence of root growth or blockages from other external sources generally indicates damaged pipes. This damage cannot necessarily be rectified by removing the blockage. Hence, there is no warranty relating to the event where blockages reoccur.
    • In the event that a pipe previously unblocked and cleared becomes blocked again at a time following the initial clearing of the pipe in question was carried out, further work undertaken to once again unblock and clear the pipe will be treated as being a separate contract for the Contractor’s purposes.
    • When the Contractor is called out to fault find in an old property with old pipework, other faults may be present which need to be necessarily corrected to access another fault, resulting in additional costs which in turn will affect the Price charged on the invoice.
    • In the event that any of the Contractor’s equipment becomes lodged in the Client’s faulty drain the Client will be liable for all costs incurred by the Contractor in retrieving and/or repairing the equipment

  6. Jurisdiction
    • It is agreed by the Client and the Contractor that these terms will be construed in accordance with the law of New South Wales and each party covenants that it submits to the jurisdiction of the courts of New South Wales for the resolutions of any dispute under the agreement.

  7. Security and Charge
    • Despite anything to the contrary contained herein or any other rights which the Contractor may have howsoever:
      • where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or change all of their joint and/or several interest in the land, realty or any other asset to the Contractor (or the Contractor’s nominee) in order to secure all amounts payable to the Contractor. The Contractor shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
      • should the Contractor elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or the Guarantor shall indemnify the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and own client basis.
      • the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Contractor (or the Contractor’s nominee) as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1.
    • To the maximum extent permitted by the law the Client and/or Guarantor will be responsible for all liabilities, claims, damages, actions, costs and expenses which may be incurred by the Contractor as a result or arising out of any breach by the Client of the terms, warranties covenants or conditions of this Agreement.

  1. Contact Information

    Questions about the Terms of Service should be sent to us at info@PriorityPlusPlumbing.com.au

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Terms and Conditions

OR TERMS OF SERVICE

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OVERVIEW

This website is operated by Priority Plus Plumbing. Throughout the site, the terms “we”, “us” and “our” refer to Priority Plus Plumbing. Priority Plus Plumbing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to availability under our discretion.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.

We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, cancel, or postpone any order/booking you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear not to be placed by you, or a representative of you.

You agree to provide current, complete and accurate purchase and account information for all purchases made with Priority Plus Plumbing. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example content entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Link at bottom of page.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Priority Plus Plumbing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Priority Plus Plumbing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@PriorityPlusPlumbing.com.au

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