Terms & Conditions - Trade
Applicability & Interpretation
- Words in the singular include the plural, and vice versa.
- References to “person” include government entities, corporations, and political bodies.
- References to statutes, codes, ordinances, or other laws include regulations, amendments, consolidations, re-enactments, or replacements.
- In cases where multiple Customers enter into a Contract, each Customer is jointly and severally liable for all payments.
DEFINITIONS
- “Australian Consumer Law” refers to Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth) and any other consumer protection legislation applicable in Australia.
- “Contract” refers to the contract for the sale of Services or Goods by Xceed Plumbing to the Customer.
- “Customer” means the person placing an Order for Goods or Services from Xceed Plumbing, including any party representing the Customer.
- “Goods” means products and items supplied to the Customer by Xceed Plumbing and includes the provision of Services.
- “GST” retains the definitions given in the “GST Act” (Goods and Services Tax) Act 1999 (Cth).
- “Liability” means any liability, including loss and damages, liquidated damages, loss of profit or revenue, economic or indirect and consequential loss.
- “Order” means any order for the purchase or supply of Goods or Services placed with Xceed Plumbing.
- “PPSA” refers to the Personal Property Securities Act 2009 (Cth).
- “Price” means the agreed cost of the Goods between Xceed Plumbing and the Customer.
- “Quote” means the estimated Price given to the Customer by Xceed Plumbing for supplying Goods or Services.
- “Seller” means Xceed Plumbing.
ACCEPTANCE
Accepting a Quote and placing an Order constitutes irrevocable and unqualified acceptance by the Customer of these Terms and Conditions.
Xceed Plumbing is not under any contractual obligation until accepting an Order from the Customer for Services and Goods exceeding $20,000.00.
If the Price for the Services and Goods exceeds $20,000.00, the Customer has the right to rescind the Contract within five (5) business days of the Order placement (the Cooling Off Period). In this case, the Customer acknowledges that Xceed Plumbing may retain:
- The cost of any completed Services and Goods.
- The cost of any administration time, disbursements, permits, and planning expenses.
In accordance with this clause, if the amount due to Xceed Plumbing exceeds the deposit, the Customer must pay the outstanding balance within seven (7) days of receiving a written notice of the amount due. If the amount is less than the deposit, Xceed Plumbing must refund the surplus balance within seven (7) days of calculating the amount due.
GOODS AND SERVICES
The Services and Goods correspond to those described by Xceed Plumbing in the Quote and Order.
The Services and Goods provided by Xceed Plumbing shall comply with:
- The Building Code of Australia, under the Environmental Planning and Assessment Act 1979.
- All other relevant codes, development consent specifications, standards, and specifications required by law.
Xceed Plumbing will not be liable for any liability, loss, or damage to the Customer if there is a failure to comply with the terms mentioned above, except when:
- The design or specification is not prepared by Xceed Plumbing.
- Xceed Plumbing has informed the Customer in writing of any non-compliance with the requirements.
PRICE & PAYMENT
The Price for the Services and Goods will be the one specified in the Order if the Customer accepts Xceed Plumbing’s Quote within thirty (30) days of its issuance. If not accepted within thirty (30) days or if the commencement of Services and Goods provision is delayed by the Customer, Xceed Plumbing may adjust the price based on its current Price list.
Payment must be made:
- By cash, cheque, bank cheque, credit card, direct credit, or any other method agreed upon with Xceed Plumbing.
- At the time of placing the Order or upon the commencement of delivery of Services or Goods.
- As per an agreed schedule of instalments or progress payments at the time each instalment or payment is due.
Failure to pay the Price, instalment, or progress payment by the due date may result in Xceed Plumbing ceasing work or refusing Goods delivery.
Any variation from the planned works, not reasonably anticipated by Xceed Plumbing, will be treated as a Variation. The Customer will be supplied with a Quote for the Variation before work commences, and the Customer must accept or reject it within five (5) days of receiving the Variation request. If the Customer fails to accept the Variation within this period, Xceed Plumbing is not obligated to perform it. If the Customer’s failure to authorise the Variation hinders reasonable progress, Xceed Plumbing has the right to terminate the Contract without liability.
In cases requiring emergency works to prevent injury or property damage, Xceed Plumbing is not required to provide a Quote, and the Customer shall be liable for the reasonable costs and expenses incurred for such works.
Xceed Plumbing may, at its discretion, require a deposit, the amount or percentage of which will be agreed upon at the time of the Order and must be paid before work commences. Any deposit is non-refundable if the Customer cancels the work.
If the Customer fails to pay the Price by the due date, Xceed Plumbing may:
- Treat the Contract as repudiated.
- Suspend the delivery of Services and Goods without liability.
- Charge interest on the outstanding amount at a rate of 2.5% per month compounded monthly from the due date until actual payment.
- No deductions from the Price are allowed unless agreed in writing by Xceed Plumbing. The Customer must reimburse Xceed Plumbing for any reasonable expenses and costs incurred in recovering outstanding monies.
If the Customer requests a report for Services carried out by Xceed Plumbing, in addition to the standard invoice and work descriptions, an appropriate hourly rate may be charged for preparing and submitting the report, with payment requested in advance for these services.
DELIVERY OF GOODS & SERVICES
Delivery of Services and Goods will be made to the nominated Customer address specified in the Order.
It is the Customer’s responsibility to:
- Obtain all necessary consents and arrangements for Xceed Plumbing’s access to the site.
- Inform Xceed Plumbing of any issues that might affect the provision of Services and Goods.
- Provide safe and reasonable access to the site during normal business hours.
Proposed or accepted dates and times for Service and Goods provision are estimates only. Xceed Plumbing is not liable for consequences arising from delays beyond its reasonable control.
The Customer may not cancel the Contract due to delays caused by Xceed Plumbing in performing and delivering Services and Goods.
Xceed Plumbing may make partial deliveries of Services or Goods at its discretion, and these Terms and Conditions apply to any instalment or partial delivery.
Xceed Plumbing may cancel the delivery of Services or Goods by providing written notice to the Customer at any time prior to the delivery.
TRANSFER OF TITLE
Title to all Goods remains with Xceed Plumbing until all Goods and amounts owed by the Customer have been fully paid.
Until the title in the Goods passes to the Customer, the Customer must keep the Goods separate, marked, and upon request, deliver them to Xceed Plumbing. Failure to do so may result in Xceed Plumbing entering the Customer’s premises to recover the Goods.
RISK
The Customer is responsible for insuring the full value of the Goods from the date of delivery or collection.
Before the title in the Goods passes, the Customer must maintain the Goods in the same condition as they were delivered.
RETURN OF DEFECTIVE GOODS & XCEED PLUMBING’S WARRANTY
Subject to the rights of Xceed Plumbing under the Australian Consumer Law, defective Goods may be returned to Xceed Plumbing if:
- The Customer notifies Xceed Plumbing of any alleged defect or damage within seven (7) days of receiving the Goods.
- The Goods are in the same condition as when delivered, with undamaged packaging.
- The Customer returns the Goods to Xceed Plumbing within 14 days after receiving written approval to return the Goods.
Failure to act in accordance with these terms means the Goods are presumed to be free from defects or damage.
Xceed Plumbing may, at its discretion, replace or refund the Price paid by the Customer for defective Goods. Non-defective Goods may be subject to a handling fee and other costs at Xceed Plumbing’s discretion.
If Services and Goods are accompanied by a manufacturer’s warranty, Xceed Plumbing’s liability is limited to the terms of that warranty.
Xceed Plumbing is not liable for indirect or consequential losses or damages incurred due to defective Goods.
The Customer must notify Xceed Plumbing of any alleged defect in Services or Goods and allow Xceed Plumbing a reasonable opportunity to inspect and repair the defect.
Upon completion of works, Xceed Plumbing will remove equipment and dispose of surplus materials related to the work from the site. All surplus materials become the property of Xceed Plumbing.
Xceed Plumbing will repair any damage or loss to the Customer’s work or property directly caused by Xceed Plumbing, limited to the damaged area only and on a like-for-like basis.
CUSTOMER INSOLVENCY AND BREACH
Xceed Plumbing may terminate the Contract or any arrangement with the Customer immediately in cases such as the Customer defaulting on obligations or engaging in actions that could affect Xceed Plumbing’s interests.
EXCLUSION OF LIABILITY
Xceed Plumbing’s total Liability for any claim related to a Contract is limited to the Price paid by the Customer for the Services or Goods.
Except where prohibited by law, Xceed Plumbing limits its Liability to:
- For Goods: replacement, repair, reimbursement, or refund.
- For Services: supplying Services again, payment for re-supply, or refund.
- All other conditions, guarantees, warranties, representations, or Liabilities are excluded, except when expressly stated in these Terms and Conditions or the Contract.
Xceed Plumbing provides no guarantee, warranty, or undertaking regarding the quality, safety, or condition of the Service or Goods unless otherwise stated.
Deviations in the quantity of Goods delivered are subject to specific conditions, including the Customer’s acceptance or rejection of excess Goods.
Neither party is liable for defaults caused by events beyond their control.
PPSA SECURITY INTEREST & SECURITY
Xceed Plumbing may hold a purchase money security interest (PMSI) as defined in the PPSA to secure payment for Goods not fully paid for.
The Customer must not allow Xceed Plumbing’s PMSI to rank behind any other security interest as defined in the PPSA.
The Customer must take the necessary steps required by Xceed Plumbing to perfect security interests under the PPSA in respect of the Goods and any proceeds of sale or to maintain any security interest under the PPSA.
The Customer is responsible for the costs of registering a financing statement under the PPSA.
Certain provisions of the PPSA do not apply to these Terms and Conditions or the Contract, and the parties agree to waive and contract out of these provisions where permitted by the PPSA.
BUILDING CONSTRUCTION INDUSTRY SECURITY OF PAYMENTS ACTS 1999
Xceed Plumbing will issue invoices in accordance with the terms of the Building and Construction Industry Security of Payment Acts 1999.
PRIVACY
Xceed Plumbing will not use the Customer’s personal information for any purpose other than supplying Services and Goods.
MISCELLANEOUS
The Customer is liable for all stamp duty related to these Terms and Conditions and any other Contract or document.
No alterations to the Contract or Terms and Conditions are valid unless accepted and confirmed in writing by Xceed Plumbing. Xceed Plumbing’s agents, contractors, or representatives are not authorised to make conflicting agreements, and Xceed Plumbing is not bound by such representations or agreements.
No prior dealings between the parties and no trade usages are relevant to supplement, amend, or explain any term used in this document.
If GST applies to any supply under these Terms and Conditions, the Customer must pay the applicable GST amount in addition to the Price.
The Customer must notify Xceed Plumbing of any proposed changes to ownership, shareholding, directors, or contact and address details at least 14 days prior to the proposed change.
NOTICES
All notices under these Terms and Conditions must be in writing, in English, and delivered to the address provided in the Contract or Order unless otherwise specified in writing.
Notices sent by post are considered received three days after posting to an Australian address.
Notices sent by email are considered received when sent.
Notices sent by facsimile are considered received when a confirmation report is produced.
BLOCKED DRAINS & GENERAL PLUMBING
Blocked drains may indicate underlying issues such as breakages, cracks, negative fall, foreign objects, or tree root entry. Clearing alone may not fix the problem, and Xceed Plumbing does not guarantee that the issue won’t recur after clearing. If Xceed Plumbing equipment becomes stuck in the Customer’s drain, the Customer is responsible for the expense of removal.
SAME DAY GUARANTEE OR IT’S FREE OFFER
The “Same Day Guarantee or it’s Free” applies only to jobs booked through Xceed Plumbing’s call centre before midday.
If Xceed Plumbing cannot attend on the same day for a job booked before midday, the callout fee will be waived, but all other charges for Goods and Services will apply.
If Xceed Plumbing is available and willing to provide the Service or Goods on the day of booking but the Customer does not grant access, the “Same Day or it’s Free” guarantee is considered fulfilled, and the standard callout fee applies.
Business hours are defined as 7am to 4pm Monday to Friday and 7am to midday on Saturday.
FINANCE
If the Customer intends to use third-party finance, it must be approved before Xceed Plumbing commences work.
The Customer is responsible for ensuring they can pay Xceed Plumbing for completed work as soon as invoices are issued and due, regardless of any financial arrangements with a third party.
SPECIAL OFFERS, DEALS, AND DISCOUNTS
Percentage discounts or money-off special offers are valid only for Goods or Services purchased from Xceed Plumbing and do not apply to the callout fee.
Only one discount offer can be used per invoice.
Fixed-price special offers apply only to specific products or services and do not include the callout fee.
These terms and conditions are binding upon acceptance of a Quote and placement of an Order with Xceed Plumbing.