Terms And Conditions
The following Terms and Conditions govern the contractual relationship between you, referred to as the ‘Customer,’ and ‘XCEED PLUMBING,’ the ‘Contractor,’ for the provision of services as described. These Terms and Conditions also encompass the ‘Price Beat Guarantee,’ ‘Coupons,’ and the ‘Same Day Service or It’s Free’ Offer.
Definitions
1.1. In this agreement:
1.1.1. ACL refers to the Australian Consumer Law.
1.1.2. Agreement signifies this contract, including its terms and conditions.
1.1.3. Callout Fee designates the fee described in clause 2.1.
1.1.4. Contractor refers to XCEED PLUMBING, its successors, assignees, or any authorised representatives of XCEED PLUMBING.
1.1.5. Contract Price represents the price of the Works, as specified on the first page of the Agreement.
1.1.6. Customer identifies the individual(s) named on the front page of this Agreement, or any person(s) acting on behalf of the Customer with their authority. It also includes individuals acting on behalf of the premises owner or occupier, including authorised assignees, agents, successors, or legal representatives.
1.1.7. Excavation Work encompasses any work related to relocating, repairing, or removing underground services, rocks, obstructions, or digging in the ground exceeding 1.5 meters from the ground surface.
1.1.8. Urgent Works include:
1.1.8.1. Works requested by the Customer on an urgent basis.
1.1.8.2. Works done on an emergency basis (referred to as “Emergency Works”).
1.1.9. Materials denote the materials necessary for the completion of the Works.
1.1.10. Progress Payment Schedule represents the payment schedule set out in this Agreement.
1.1.11. Search and Investigation Work entails locating plumbing issues, including accessing roofs, building under-spaces, identifying gas or water leaks. It excludes rectification costs or other Works unless explicitly mentioned in the Agreement or associated quote.
Refund of Call Out Fee
2.1. The Customer has been billed a callout fee by the Contractor for dispatching a Contractor (or another individual) to the Customer’s premises regarding the Works. The Customer has agreed to pay the callout fee by the end of the day on which a Contractor is dispatched to the Customer’s premises.
2.2. The Contract Price will be reduced by the amount of the Callout Fee if:
2.2.1. The Callout Fee was charged to the Customer within 14 days of entering this Agreement.
2.2.2. This Agreement is executed by the Customer within 7 days of dispatching a Contractor or another person to the Customer’s premises.
2.2.3. The Works do not pertain to an emergency.
2.2.4. The Works are not Urgent Works.
2.2.5. A Contractor or other person is dispatched to the Customer’s premises between 7:00 AM and 4:00 PM (AEST) on Mondays to Fridays, excluding public holidays as defined by the Public Holidays Act 2010 (NSW), or at any time between December 23 and January 14 of the following calendar year, during the holiday period.
Agreed Variations
3.1. All variations to this Agreement must be in writing, dated, and signed by both parties.
3.2. If the Customer requests a variation to the Works, the Contractor will provide a written variation document outlining the Works and an amended Contract Price, requiring written acceptance by the Customer before commencing the variation.
3.3. If the Contractor requests a variation to the Works, it will provide a description of that variation, state any impact the variation will have on the Agreement (including, but not limited to, the Contract Price), and require written acceptance by the Customer before commencing the variation.
Cooling Off Period – For a Contract Exceeding $20,000.00
4.1. If section 7BA of the Home Building Act 1989 (NSW) applies to this Agreement, the Customer can terminate this contract within 5 clear business days following:
4.1.1. Receipt of a signed copy of this Agreement from the Contractor.
4.1.2. Becoming aware of their entitlement to receive a copy of the contract.
4.2. To terminate this Agreement, the Customer must provide a written notice clearly stating the Customer’s intention to rescind the contract within the specified time frame. This notice should be delivered personally to the Contractor, left at the Contractor’s address as specified in this Contract, or sent via registered post to the Contractor’s address.
4.3. After the withdrawal notice is provided to the Contractor, the contract is considered rescinded from the time it was signed. The Contractor may retain reasonable out-of-pocket expenses incurred before the contract was rescinded, but must refund all other monies paid to the Customer.
4.4. This clause only applies if the Contract Price exceeds the prescribed amount under s7BA of the Home Building Act 1989 (NSW) (which, at the time of drafting, was $20,000).
Unforeseen Circumstances
5.1. The Contractor may conduct necessary additional Works in the event of:
5.1.1. Unforeseeable problems discovered during the execution of the Works that must be rectified for safe completion.
5.1.2. Urgent Works that are required and cannot await written acceptance from the Customer before commencing the variation.
5.1.3. The Contractor being instructed to perform extra Works by any statutory authority.
5.2. Any additional Works conducted under this clause will be treated as a variation.
Delivery of Works
6.1. The Contractor will make reasonable efforts to initiate and complete the Works within a reasonable time.
6.2. The Contractor will provide the Customer with an estimated start and completion date for the Works.
6.3. The provided start and completion dates are estimates only, and the Contractor shall not be held liable for any costs incurred by the Customer due to unforeseen delays in completing the Works, including delays in material delivery.
6.4. Failing to meet any estimated completion date does not entitle the Customer to terminate the Agreement.
6.5. The Works are considered practically complete when the Works outlined in this Agreement (including any plans and specifications if applicable) are finished, can be utilised for their intended purpose without significant defects, and comply with all statutory requirements.
6.6. Unless otherwise specified in writing, the Contract Price excludes Excavation Work.
6.7. If Excavation Work is involved in the Works, the Contractor will exercise all reasonable care to avoid damage to underground services. Still, the Customer agrees to indemnify the Contractor against any liability claims, losses, damages, costs, and fines resulting from service damage.
6.8. The Contractor may engage subcontractors to perform the Works, ensuring they are qualified, licensed, and capable of carrying out the Works.
6.9. Any subcontractors engaged by the Contractor will possess relevant insurance policies.
6.10. The Contractor is entitled to retain reports or documents related to the Works until the Contract Price or any outstanding amounts owed have been paid.
Customer’s Responsibilities
7.1. The Customer must provide safe and unhindered access to the premises for the Contractor to perform the Works. This includes:
7.1.1. Making arrangements to ensure any occupants or tenants of the premises are not inconvenienced during the Works.
7.1.2. Removing any obstructions, including furniture, possessions, or equipment, that may impede the execution of the Works.
7.1.3. Providing access to electricity, water, and bathroom facilities for the Contractor’s use, free of charge.
7.2. If the Customer does not fulfil these responsibilities, the Contractor may:
7.2.1. Charge the Customer for any resulting costs or delays.
7.2.2. Store the Contractor’s tools, materials, or equipment at the premises, with the Customer assuming the associated costs and risks.
7.3. If the Customer is not the owner of the premises, they must confirm their entitlement to permit the Works to be performed. The Customer will indemnify the Contractor against any claims by the premises owner or occupier that may arise from the Works.
7.4. The Customer must:
7.4.1. Secure and remove any pets from the premises during the execution of the Works.
7.4.2. Ensure that any hazardous materials or substances are handled in accordance with all applicable laws, regulations, and best practices.
7.5. The Customer must not request or permit any unauthorised works, modifications, or repairs to the Contractor’s equipment or any other work previously completed.
7.6. The Customer is responsible for obtaining any necessary permits, approvals, or inspections, unless explicitly included in this Agreement.
Progress Payments
8.1. The Customer will make progress payments in accordance with the Progress Payment Schedule set out in this Agreement.
8.2. If no Progress Payment Schedule is specified in this Agreement, the Customer will pay the full Contract Price upon completion of the Works.
8.3. The Contractor may issue tax invoices for progress payments, and the Customer must pay the tax invoice within the time frame specified in the invoice.
8.4. If the Contractor issues a tax invoice, the Contractor must provide the Customer with a statement detailing the value of the progress payment and the amount of GST included.
8.5. The Customer must not withhold progress payments on the grounds of any dispute or claim against the Contractor unless otherwise agreed in writing.
Price Beat Guarantee
9.1. The Price Beat Guarantee is only applicable if it is explicitly mentioned on the front page of this Agreement.
9.2. If the Price Beat Guarantee is applicable, the Contractor guarantees to beat any written competitor’s quote for the same Works, including the same specifications and materials, by 5%.
9.3. The Price Beat Guarantee applies only to quotes provided by licensed plumbing contractors operating within a 50 kilometre radius of the Contractor’s location.
9.4. To claim the Price Beat Guarantee, the Customer must provide the Contractor with a written competitor’s quote before the start of the Works.
9.5. The Contractor reserves the right to refuse to beat any quote if, in the Contractor’s reasonable opinion, the competitor’s quote is not genuine or legitimate.
Same Day Service or It’s Free Offer
10.1. The “Same Day Service or It’s Free” offer is only applicable if it is explicitly mentioned on the front page of this Agreement.
10.2. If the “Same Day Service or It’s Free” offer is applicable, the Contractor guarantees to complete the Works on the same day the Customer contacts the Contractor, or the service is free of charge, excluding the Callout Fee.
10.3. The “Same Day Service or It’s Free” offer applies only to Works requested between 7:00 AM and 12 PM (AEST) on Mondays to Fridays, excluding public holidays as defined by the Public Holidays Act 2010 (NSW), or at any time between December 23 and January 14 of the following calendar year, during the holiday period.
Payment and Default
11.1. The Customer must pay the Contract Price in accordance with this Agreement.
11.2. If the Customer fails to make any payment by the due date, the Contractor may charge interest on the unpaid amount at the rate of 10% per annum, calculated daily from the due date until the date of payment.
11.3. If the Customer defaults in any payment or breaches any provision of this Agreement, the Contractor may suspend or terminate the Works without any liability to the Customer.
11.4. In the event of default or breach, the Customer will be liable for all legal costs and expenses incurred by the Contractor in recovering the unpaid amount or enforcing any rights under this Agreement.
Risk and Title
12.1. The risk in all materials supplied or installed by the Contractor passes to the Customer on delivery.
12.2. Title in the materials remains with the Contractor until the Customer has paid all monies owing under this Agreement.
Warranty
13.1. The Contractor provides a warranty for the Works, as specified in this Agreement, which may include statutory warranties under the ACL.
13.2. If the ACL applies, the Customer is entitled to guarantees in respect of the Works provided by the Contractor. These guarantees are not limited by any warranty provided under this Agreement.
13.3. The Customer must notify the Contractor in writing within 7 days of discovering any defect or non-compliance with this Agreement.
13.4. The Contractor will make reasonable efforts to rectify any defects or non-compliance within a reasonable time.
Limitation of Liability
14.1. To the extent permitted by law, the Contractor’s liability for any breach of any warranty, guarantee, or term implied by law is limited to:
14.1.1. In the case of goods, the replacement or repair of the goods, or the supply of equivalent goods.
14.1.2. In the case of services, the supply of the services again, or the payment of the cost of having the services supplied again.
14.2. The Contractor will not be liable for any loss, damage, or injury suffered by the Customer or any third party, whether direct, indirect, consequential, or special, arising from or relating to the Works, except to the extent that such loss, damage, or injury is caused by the Contractor’s negligence or wilful misconduct.
Termination
15.1. The Contractor may terminate this Agreement at any time by giving written notice to the Customer if:
15.1.1. The Customer fails to make any payment due under this Agreement.
15.1.2. The Customer breaches any provision of this Agreement.
15.1.3. The Customer becomes insolvent, goes into liquidation or administration, becomes bankrupt, or has a receiver or manager appointed over its assets.
15.1.4. The Customer fails to provide safe and unhindered access to the premises as required under this Agreement.
15.1.5. The Customer fails to obtain necessary permits, approvals, or inspections required under this Agreement.
15.2. The Customer may terminate this Agreement at any time by giving written notice to the Contractor if the Contractor breaches any provision of this Agreement and fails to rectify the breach within a reasonable time of receiving written notice from the Customer.
Dispute Resolution
16.1. Any dispute or difference arising out of or in connection with this Agreement must be resolved in accordance with the dispute resolution procedure set out in the Australian Standard AS 4000-1997 or any relevant Australian Standards.
16.2. If the dispute is not resolved within 28 days of the notification of the dispute, either party may refer the dispute to mediation, in accordance with the mediation procedure set out in the Australian Standard AS 4000-1997 or any relevant Australian Standards.
16.3. If the dispute is not resolved within 28 days of the referral to mediation, either party may commence legal proceedings.
Governing Law
17.1. This Agreement is governed by and must be construed in accordance with the laws of the state or territory where the Works are located.
Entire Agreement
18.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, representations, and warranties between the parties.
Variations
19.1. Any variation to this Agreement must be in writing and signed by both parties.
Severance
20.1. If any provision of this Agreement is held to be invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions will not be affected, prejudiced, or impaired.
Assignment
21.1. The Customer may not assign or transfer this Agreement without the written consent of the Contractor.
21.2. The Contractor may assign or transfer this Agreement without the Customer’s consent.
Notices
22.1. Any notice given under this Agreement must be in writing and delivered personally or sent by prepaid post or email to the address of the recipient.
Waiver
23.1. No waiver of any breach of this Agreement will be construed as a waiver of any other breach of this Agreement.
Survival of Terms
24.1. Clauses 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, and 23 will survive the termination or expiration of this Agreement.
ON-TIME GUARANTEE OFFER
Our On-Time Guarantee applies to appointments planned during business hours, which are Monday through Friday from 7:00 a.m. to 3:30 p.m. If our plumber arrives later than the scheduled appointment time, due to our own delays, the customer is entitled to a $1 discount for each minute of delay. The maximum savings available through this promotion is $100. This offer is only available for the initial call-out and cannot be combined with any other plumbing- related offers. This offer’s applicability is at our discretion. This offer may be changed or withdrawn without prior notice. Customers who accept this offer agree to the terms and conditions indicated herein. Customers are urged to contact us directly if they require any information or have questions about this offer. The conditions of this offer are binding and cannot be modified except by a written agreement.
SAME DAY SERVICE OR IT’S FREE OFFER
The “Same Day Service or It’s Free” offer is only applicable if it is explicitly mentioned on the front page of this Agreement. If the “Same Day Service or It’s Free” offer is applicable, the Contractor guarantees to commence the Works on the same day the Customer contacts the Contractor, or the service is free of charge, excluding the Callout Fee.
The “Same Day Service or It’s Free” offer applies only to Works requested between 7:00 AM and 12 PM (AEST) on Mondays to Fridays, excluding public holidays as defined by the Public Holidays Act 2010 (NSW), or at any time between December 23 and January 14 of the following calendar year, during the holiday period.
$0 CALL-OUT FEE OFFER
This “$0 Call-Out Fee” offer applies to customers who request a service and agree to receive a price for the necessary work. The offer includes a remission of the regular call-out cost, which is typically charged for assessing the customer’s service requirements. To waive the call-out cost, customers must accept the offered price and complete the specified service. The offer is valid for all services and is not restricted to certain types of labour. If the customer declines the supplied price or decides not to proceed with the advised service, the regular call-out cost will apply. This deal is valid during regular business hours, Monday through Friday, from 7:00 a.m. to 3:30 p.m. It is not suitable for emergency after-hours employment. This offer cannot be used with any other promotion, discount, or special offer unless specifically mentioned. We have the right to amend or discontinue this offer at any moment without prior notice. We make the final judgement on whether or not this offer is applicable, and we evaluate every case individually. Customers accepting this offer agree to the terms and conditions indicated herein. Customers are advised to contact us directly with any questions or for clarification on this offer. This website is owned and operated by Xceed Plumbing. NSW Contractor License 377983C A.B.N 56300941239