Terms and Conditions

Mills Plumbing & Maintenance trading as Peace of Mind Plumbing Inspections

Any and all works carried out by Mills Plumbing & Maintenance T/a Peace of Mind Plumbing Inspections either quoted or otherwise shall be subject to these Terms and Conditions in full. It is the sole responsibility of the client to read these Terms and Conditions carefully and pursue legal advice if required prior to engaging Peace of Mind Plumbing Inspections. 

Definitions 

“Peace of Mind Plumbing Inspections” means Mills Plumbing & Maintenance Pty Ltd trading as Peace of Mind Plumbing Inspections, or any agents, contractors or employees hereof. “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 Peace of Mind Plumbing. Where the Client is a corporation or partnership, its directors or partners agree to be bound by this contract jointly and severally. 

1. Quotations 

1.1 Unless previously withdrawn, a quotation issued by Peace of Mind Plumbing Inspections is open for acceptance for 30 days. Peace of Mind Plumbing Inspections reserves the right to refuse any Order placed by Client within 7 days of the Order being placed. 

1.2 Any quotation is based on the Peace of Mind Plumbing Inspections' professional estimation of where existing drainage, pipes, water or gas lines and electrical cables have been laid. If this is not the case or if they are inaccessible or unusable in their present state, Peace of Mind Plumbing reserves the right to vary the quotation. 

1.3 Peace of Mind Plumbing Inspections reserves the right to vary a quotation once the supply of goods or services has commenced.  The Client will be notified at their earliest convenience and approval sought to carry out the additional works.  

1.4 Once an Order has been accepted by Peace of Mind Plumbing Inspections, the Client cannot cancel it without the express consent of Peace of Mind Plumbing Inspections. Where Peace of Mind Plumbing Inspections has already ordered goods from a third party, cancellation will only be possible if Peace of Mind Plumbing Inspections can return the goods to the third party at no loss to Peace of Mind Plumbing Inspections. 

1.5 Peace of Mind Plumbing Inspections may, at any time after acceptance of an Order, cancel the supply of Goods or Service and the Plumber will not be liable for any loss or damage suffered by Client as the result of such cancellation. 

2. Work Orders 

2.1 Once a Work Order has been accepted by Peace of Mind Plumbing Inspections, the Client cannot cancel it without the express consent of Peace of Mind Plumbing Inspections. Where Peace of Mind Plumbing Inspections has already ordered goods from a third party, cancellation will only be possible if Peace of Mind Plumbing Inspections can return the goods to the third party at no loss to Peace of Mind Plumbing Inspections. 

2.2 Peace of Mind Plumbing Inspections may, at any time after acceptance of a Work Order, cancel the supply of Goods or Service and will not be liable for any loss or damage suffered by Client as the result of such cancellation. 

3. Site Issues 

3.1 Acceptance of a Work Order is based upon the assumption that all existing installations comply with law, regulations and relevant Australian Standards. Any work required to bring existing installations into compliance with law, regulation and relevant Australian Standards will be carried out in addition to that requested under the Work Order. 

3.2 Should Peace of Mind Plumbing Inspections in the course of any authorised work, discover any defect in any part of the premises or the existing installation which makes it impracticable or inexpedient to continue with the authorised work, shall, at their sole discretion, conduct repairs deemed necessary to continue with the work. 

3.3 The Client acknowledges that pipes affected by root growth and or blockages are generally damaged as a result of such interference. The removal of root growth and/or blockages alone carries no warranty that similar problems will not recur unless permanent repairs are made to the affected pipework. 

3.4 Where drain inspection or plumbing equipment becomes jammed as a result of damaged drains or blockages, Peace of Mind Plumbing Inspections will be entitled to take reasonable action to retrieve such items. The Client agrees to pay the costs of the removal of the equipment including any excavation and restoration work. 

3.5 Peace of Mind Plumbing Inspections will take care when supplying the Goods or Services to minimise any disturbance or damage to surrounding areas including walls, ceilings, floors, garden beds and paint. Any repair or restoration required after the supply of the Goods or Services must be carried out at Client’s cost. 

3.6 Any materials removed from the client’s premises in connection with carrying out a Work Order and not used on the job shall be the property of Peace of Mind Plumbing Inspections unless otherwise agreed. 

4. Obligations of Peace of Mind Plumbing Inspections

4.1 Peace of Mind Plumbing Inspections shall perform work in a professional manner as per Australian Standards. 

4.2 Peace of Mind Plumbing Inspections shall perform work in accordance with OH & S requirements. 

4.3 Peace of Mind Plumbing Inspections shall handle any fixtures, fittings, materials and/or equipment provided by the Client with reasonable care.

4.4 Peace of Mind Plumbing Inspections shall not be liable for any damage caused by defects in, or the unsuitability of client-supplied fixtures, fittings, materials and/or equipment for the purposes for which they were intended by the Client. 

4.5 Peace of Mind Plumbing Inspections may subcontract all or any of its obligations or rights without Client’s consent. 

4.6 Peace of Mind Plumbing Inspections will hold all insurance it considers appropriate in respect of the supply of Goods and Services and all other insurances required by law 

5. Supply of Materials 

5.1 Where any fixtures, fittings, materials and/or equipment are supplied by the Client, they will be stored, handled and installed at the risk of the Client. Peace of Mind Plumbing Inspections is not liable for any failure of materials supplied by the Client. 

5.2 Notwithstanding delivery of the Goods to the Client, title in the Goods shall remain with Peace of Mind Plumbing Inspections until full payment is made by the Client to Peace of Mind Plumbing Inspections. Peace of Mind Plumbing Inspections reserves the right to reclaim the Goods from Client’s possession, custody or control even if they have been delivered to Client or moved from the delivery address. Peace of Mind Plumbing reserves the right to keep or sell the Goods. 

5.3 All materials removed from the Client’s site/premises shall be deemed to be the property of Peace of Mind Plumbing Inspections unless Peace of Mind Plumbing is otherwise notified by the Client. 

6. Contract Price and Payment 

6.1 The Client shall pay Peace of Mind Plumbing Inspections the Contract Price and any variation in accordance with these terms and conditions. 

6.2 The Price is payable in three instalments. This includes 10% on acceptance of a quotation, and 90% on completion of any or all reports included in the report. Payment shall be made without any deduction unless otherwise agreed in writing with Peace of Mind Plumbing Inspections. 

6.3 All Goods and Services supplied by Peace of Mind Plumbing Inspections are subject to Goods and Services Tax (GST). 

6.4 The Client is liable for all reasonable costs and expenses incurred by Peace of Mind Plumbing Inspections or by any third party engaged by Peace of Mind Plumbing Inspections incidental to and arising out of late or non-payments due under this contract. This includes but is not limited to fees associated with debt collection agencies. 

7. Termination of Contract 

7.1 Either party may terminate this agreement immediately by notice to the other party: (a) if the other party breaches a material term of this agreement capable of being remedied and fails to remedy the breach within 10 business days after being given notice of breach; (b) if that other party breaches a material term of this agreement which is not capable of remedy; or (c) the other party is unable to pay its debts as they fall due; makes or commences negotiations with a view to making a general rescheduling of its indebtedness, scheme of arrangement or composition with its creditors; or takes any corporate steps for its winding up or the appointment of a receiver, administrator or official manager over any of its revenue and assets. 

7.2 If the Client terminates this agreement for any reason whatsoever Client must immediately pay Peace of Mind Plumbing Inspections for all Goods or Services already ordered from or supplied by Peace of Mind Plumbing Inspections.   

8. Dispute Resolution 

8.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. 

8.2 At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration. 

8.3 Each party shall bear its own costs of presenting its position to the arbitrator(s) unless the arbitrator(s) make another determination in respect of the costs. 

9. Warranty and Limitation of Liability 

9.1 In relation to any Goods which are the subject of a manufacturer’s warranty, Client agrees to comply with the terms of the manufacturer’s warranty in the event there is a defect in the Goods. 

9.2 To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in this agreement are excluded. If Peace of Mind Plumbing Inspections is liable for a breach of an imposed term, guarantee, warranty, representation or condition or warranty, Peace of Mind Plumbing Inspections' liability is, limited to: the replacement of the Goods or the supply of equivalent goods or the supply of the Services again; or, the repair of the Goods; or, the payment of the cost of replacing the Goods or acquiring equivalent goods; or, the payment of the cost of having the Goods repaired or resupplying the Services. 

9.3 To the extent permitted by law Peace of Mind Plumbing Inspections will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity and loss of data arising out of or in connection with the Goods or Services, including as a result of the late or non-supply of Goods, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 

10. Intellectual Property 

10.1 Where Peace of Mind Plumbing Inspections has designed or drawn Goods for the Client, the copyright in those designs and drawings shall remain vested with Peace of Mind Plumbing Inspections and shall only be used by the Client at the written discretion and with written consent to do so. 

11. Force Majeure 

11.1 Peace of Mind Plumbing Inspections will not be responsible for delays or failure to complete Works resulting from acts or an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, unexpected injury or illness, changes to the law, Act of Parliament, Government orders, delay in delivery of manufacturing materials, disasters, explosions, fires, floods, severe adverse weather conditions, riots, terrorist attacks or anything beyond the reasonable control of a party) 

12. Severance Clause 

12.1 If any words or provisions in this contract are unenforceable, the remainder of this contract shall remain effective. 

12.2 Peace of Mind Plumbing Inspections reserves the right to review and makes changes to the term and conditions from time to time. 

NSW Licence: 349217C 

ABN 27 618 669 079