The Plumber Next Door means The Plumber Next Door Pty Ltd ABN 99 647 767 459, its successors and assigns or any person acting on behalf of and with the authority of The
Plumber Next Door Pty Ltd trading as The Plumber Next Door. For the purposes of this document the business will be referred to as The Plumber Next Door.
Client means the person ordering the Works by agreement, as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally (where the context so permits, the term ‘Client’ shall also mean the Client’s duly authorised representative(s), director(s) or agent(s)).
Works means all Works or Materials supplied by The Plumber Next Door to the Client at the Client’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).
Materials means those materials, supplies or other things which may be required to be purchased by The Plumber Next Door to complete the Works. 1.5 Price means the amount in dollars (AUD) payable for the Works as agreed between The Plumber Next Door and the Client in accordance with clause 3. 1.6 Quote means the quotation for the Works.
The Client is taken to have accepted these Terms of Trade upon:
(a) Placing an order for Works;
(b) Accepting delivery of any Works; or (c) Accepting a Quote for Works.
The Terms of Trade may be amended by consent of both the parties and upon acceptance of the Terms of Trade. To the extent of any inconsistency the Terms of Trade will prevail over any agreement between the parties.
The Electronic Transactions Act (the Act) applies to these Terms of Trade, whereby acceptance of these Terms of Trade may be made by accepting the Quote via electronic means. The Act and its Regulations apply so that electronic signatures are deemed acceptance and the parties have complied with the Act.
3 Payment and Price
At The Plumber Next Door’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by The Plumber Next Door to the Client in respect of Works performed or Materials supplied; or (b) the Price described on the Quote, which is subject to clause 3.2 and is accepted by the Client.
The Plumber Next Door reserves the right to change the Price in its absolute discretion including but not limited to:
(a) if a variation to the Materials or to the scope of Works which is requested or required to complete the Works;
(b) where additional Works are required due a change in circumstances (including, but not limited to, poor weather conditions, limitations to accessing the site, obscured site defects which require remedial work (including pest infestation, electrical issues etc.), health hazards and safety considerations (such as the discovery of asbestos), prerequisite work by any third party not being completed substantially or at all, hard rock barriers below the surface, the requirement for a third party to undertake a certain job or the availability of labour etc.);
(c) in the event of increases in the cost of labour or materials which are beyond the control of The Plumber Next Door or unavailable due to any reason; or
(d) where unforeseen circumstances occur (including but not limited to variations in shipping and courier costs etc.).
The Plumber Next Door may request a deposit to be paid by the Client in its sole discretion, which must be paid in full before commencement of the Works.
Timing for payment for the Works being undertaken is of the essence and must be paid:
(a) on completion of the Works/delivery of the Materials;
(b) by way of progress payments in accordance with an agreed specified progress payment schedule between the parties. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed;
(c) the date specified on any invoice or other form of notice, as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client.
A Quote does not the following costs:
(a) the circumstances described in clause 3.2; or
(b) any Works to be carried out outside of The Plumber Next Door’s normal working hours, including weekends and public holidays in accordance with law.
If there is a dispute over the invoice:
(a) the Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by The Plumber Next Door nor to withhold payment of any invoice because part of that invoice is in dispute; and
(b) the Client must pay the invoice in full and refer to clause 8 to resolve the dispute.
(a) Unless otherwise stated the Price does not include GST.
(b) The Price the Client must pay is an amount equal to any GST The Plumber Next Door must pay for any supply by The Plumber Next Door, under this or any other agreement for the sale of the Materials/Works.
(c) The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price.
(d) The Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
The Client must provide evidence, if requested:
(a) they are the owner of the land/premises upon which the Works are be undertaken; or
(b) where they are a tenant, that they have the consent of the owner for the Works are be undertaken.
Where the Client is a tenant (and therefore not the owner of the land/premises where the Works are to be undertaken), the Client warrants that full consent has been obtained from the owner for The Plumber Next Door to carry out the Works.
The Client (no matter if they are a tenant or subtenant) acknowledges and agrees that they shall be personally liable for full payment of the Price for all Works provided under this
The Client (no matter if they are a tenant or subtenant) acknowledges and agrees that they shall be personally liable for full payment of the Price for all Works provided under this
agreement and to indemnify The Plumber Next Door against any claim to the full extent permitted by law, made by the owner of the land/premises (howsoever arising) in relation to the provision of the Works by The Plumber Next Door, except where such claim has arisen because of the negligence of The Plumber Next Door.
6 Authorised representatives
If the Client appoints a representative to act on their behalf, that representative has the full authority to do anything that the Client may do (including making requests for Works, Quotes, variations etc.) unless otherwise clearly notified and advised by the Client in writing.
The Client’s duly authorised representative will continue until the requested Works are complete or unless notified by the Client in writing.
The Client unequivocally acknowledges and accepts that they will be solely liable to The Plumber Next Door for any additional costs incurred in providing any Works, Materials or variation/s requested by the Client’s duly authorised representative.
7 Change in Control
If the Client is an entity which has the capacity to change control, then it must notify The Plumber Next Door of any change in control including the updated notice details.
The Client must notify The Plumber Next Door in writing, at least 10 business days prior to any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice).
The Client shall be liable for any loss incurred by The Plumber Next Door s because of the Client’s failure to comply with this clause 7.
If there is a dispute between the parties, they undertake to resolve the dispute reasonably and in a timely manner.
If the dispute cannot be resolved between the parties then the parties will mediate the dispute whereby either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. A mediation conference shall be held whereby each party shall be represented by a person having authority to agree to a resolution of the dispute.
If the dispute cannot be so resolved by agreement or at mediation, either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
The parties acknowledge and agree that the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply if relevant and applicable.
9 Extensions of time
The Works commencement date will be put back and/or the completion date extended by whatever time is reasonable if The Plumber Next Door claims an extension of time in the event completion is delayed because of reasons beyond The Plumber Next Door’s control.
The Works may be by separate instalments if necessary and each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
The Client must take delivery by receipt or collection of the Materials whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Materials as arranged then The Plumer Next Door shall be entitled to charge a reasonable fee for redelivery and/or storage.
Any time or date is an estimate only and The Plumber Next Door is not be liable for any loss or damage whatsoever due to a failure to complete, or delay in completion of the Works (or any part of them) due to any reason outside the control of The Plumber Next Door.
If The Plumber Next Door is unable to supply the Works as agreed solely due to any act or omission by the Client, then The Plumber Next Door may entitled charge a reasonable fee for re-supplying the Works at a later time and date, and/or for storage of the Materials.
The parties agree that ownership of the Materials shall not pass until the Client has paid all amounts owing to The Plumber Next Door and all of the outstanding obligations of the Client has met to the satisfaction of The Plumber Next Door.
Any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. 10.3 Until ownership of the Materials passes to the Client in accordance with the above:
(a) the Client is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to on request;
(b) the Client holds the benefit of the Client’s insurance of the Materials on trust for The Plumber Next Door and must pay to The Plumber Next Door the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed;
(c) he production of these Terms is sufficient evidence of The Plumber Next Door’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with The Plumber Next Door to make further enquiries;
(d) the Client must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Materials then the Client must hold the proceeds of any such act on trust for The Plumber Next Door and must pay or deliver the proceeds to The Plumber Next Door on demand;
(e) the Client should not convert or process the Materials or intermix them with other materials but if the Client does so then the Client holds the resulting product on trust for the benefit of The Plumber Next Door and must sell, dispose of or return the resulting product to The Plumber Next Door as it so directs;
(f) unless the Materials have become fixtures the Client irrevocably authorises The Plumber Next Door to enter any premises where The Plumber Next Door believes the Materials are kept and recover possession of the Materials;
(g) The Plumber Next Door may recover possession of any Materials in transit whether or not delivery has occurred;
(h) the Client shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials while they remain the property of The Plumber Next Door; and
(i) The Plumber Next Door may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials has not passed to the Client.
Where The Plumber Next Door is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either;
(a) the Client or the Client’s nominated carrier takes possession of the Materials at The Plumber Next Door’ address; or
(b) the Materials are delivered by The Plumber Next Door or The Plumber Next Door’ nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
Where The Plumber Next Door is to both supply and install Materials then The Plumber Next Door shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
12 Client warranties and obligations
(a) The Client shall ensure that The Plumber Next Door has clear and free access to the worksite/property to enable the Works to be undertaken. The Plumber Next Door shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways, concreted or paved areas or gardens, landscaping or other grassed areas) unless due to the sole negligence of The Plumber Next Door.
(b) It is the responsibility of the Client to ensure that access is suitable to accept the weight of laden trucks, front end loaders or other earth moving equipment as may be deemed necessary by The Plumber Next Door.
(c) The Client agrees to be present at the worksite/property when and as reasonably requested by The Plumber Next Door and its employees, contractors and/or agents.
(a) The Client warrants that any structures in which the Works are to be undertaken/Materials are to be affixed are able to withstand the installation of the Materials. If, for any reason The Plumber Next Door reasonably forms the opinion that the Client’s property is not safe for the Works to proceed, then The Plumber Next Door shall be entitled to delay Works (in accordance with the provisions of clause 9) until The Plumber Next Door is satisfied that it is safe to proceed.
(b) The Plumber Next Door may in agreement with the Client bring the property up to a standard suitable for installation to proceed but all such Works undertaken, and any additional Materials supplied shall be treated as a variation and be charged for in addition to the Price.
(a) Where The Plumber Next Door requires that Materials, tools etc. required for the Works be stored at the site, the Client shall supply The Plumber Next Door a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. If any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
(a) The Plumber Next Door shall upon installation ensure that all Materials are to be installed in a manner that is fully compliant with industry standards. If, for any reason, the Client specifically requires the Materials to be installed in any way which goes against The Plumber Next Door’ recommendations and/or falls below industry standards; a request detailing that requirement must be made in writing to The Plumber Next Door. Accordingly, The Plumber Next Door offers no warranty regarding the aforementioned.
(b) The Plumber Next Door does not at any stage accept any liability in respect of previous works and/or materials supplied by any other third party in or around the property or the worksite.
(c) Where the Client has supplied materials for The Plumber Next Door to complete the Works, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those materials.
12.5 Damage and testing
(a) Where The Plumber Next Door gives advice or recommendations to the Client regarding the suitability of the worksite for the provision of the Works and/or Materials, and such advice or recommendations are not acted upon, then The Plumber Next Door shall require the Client to authorise commencement of the Works in writing. The Plumber Next Door shall not be liable in any way whatsoever for any damage and/or loss which occurs after any subsequent commencement of the Works.
(b) Prior to commencement of any Works The Plumber Next Door shall carry a routine soundness test of the site to ensure that there is no gas leaks in the existing pipework. In the event of such a discovery The Plumber Next Door where necessary will have the gas supply capped-off until the fault is found and repaired at the Client’s expense.
(c) The Client acknowledges that in instances where the gas supply is turned off at the meter or bottles by The Plumber Next Door in order to carry out the soundness test, that parts within a gas appliance may fail due to not being turned off and serviced for a long period of time including, thermocouples, blocked pilot tubes, and SIT valves on pilot assemblies. Any costs associated with such an event shall be borne by the Client.
(d) The presence of plant or tree root growth and/or other blockages may indicate damaged pipe work and therefore where The Plumber Next Door is requested to merely clear such blockages, The Plumber Next Door can offer no guarantee against reoccurrence or further damage. In the event of collapse during the pipe clearing process, The Plumber Next Door will advise the Client of the same and shall provide the Client with an estimate for the full repair of the damaged pipe work on request.
12.6 Plans and specifications
(a) The Plumber Next Door shall be entitled to rely on the accuracy of any plans, specifications, dimensions and/or any other information provided (in relation to the Works) by the Client or any third party employed or contracted by the Client. The Client acknowledges and agrees that if any of that information provided by the Client is inaccurate, The Plumber Next Door accepts no responsibility for any loss, damage, or costs howsoever resulting from these inaccurate plans, specifications, dimension or other information.
(a) The Client acknowledges and accepts that:
(i) the installation of some appliances can cause water hammer or damage to existing pipe work. The Client agrees to indemnify The Plumber Next Door against any such loss, damage or claim that may arise if the existing pipe work is unable to accommodate the installation of the Materials;
(ii) they shall provide and erect scaffolding to enable the Works to be undertaken (where in The Plumber Next Door’ opinion it is deemed necessary). Any scaffolding must comply with industry safety standards and any person erecting the scaffolding shall be suitably qualified to ensure its safe and proper erection, and where necessary, shall hold a current certificate of competency and/or be fully licensed;
(iii) they are responsible for any building work, excavation work, core drilling or any other non-standard surface penetrations that need to be carried out to enable The Plumber Next Door to carry out the Works;
(iiii) in the event asbestos or any other toxic substances are discovered at the site that it is their responsibility to ensure the safe removal of the same. The Client further agrees to indemnify The Plumber Next Door against any costs incurred by The Plumber Next Door as a consequence of such discovery. Under no circumstances will The Plumber Next Door handle removal of asbestos product
(v) the Client shall be responsible for ensuring that the Works/Materials ordered are suitable for their intended use; and
(vi) they shall not be entitled to withhold any payment due under this contract because of any delay in the connection of, or the supply of electricity to the Materials by an electrical distributor or any other third party.
(b) The Client further acknowledges that: (a) they shall remove any furniture or personal items from the vicinity of the Works, and agrees that The Plumber Next Door shall not be liable for any damage caused to those items through the Clients failure to comply with this clause;
(i) they are wholly responsible for animals and/or children on the worksite;
(ii) they are wholly responsible for the removal of rubbish from or clean-up of the worksite; and
(iii) they shall supply electricity, temporary lighting, toilet, eating and first aid facilities if so required.
(c) The Plumber Next Door shall not be liable for any costs or loss or damage to the Works (or any part thereof) howsoever arising where the Client has failed to comply with this clause.
The Client agrees to indemnify The Plumber Next Door in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified by a consultant (“Dial before you Dig”). If either party, or both parties, request the services of a service locator then this shall be in addition to the Price.
13 Compliance with Laws
Nothing in these Terms of Trade allow the parties to contract out of any statute, regulation or by law which may be relevant to the party’s dealings at any point in time, including but not limited to the provisions of:
(a) any work health and safety (WHS) Laws;
(b) any licenses and approvals that may be required for the Works, including building and council permits and development approvals; (c) Privacy Act 1988 and Australian Privacy Laws; and
(d) Personal Property Securities Act 2009.
In consideration of The Plumber Next Door agreeing to supply the Materials, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
The Client indemnifies The Plumber Next Door from and against all of The Plumber Next Door’ costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising The Plumber Next Door’ rights under this clause.
The Client irrevocably appoints The Plumber Next Door and each director of The Plumber Next Door as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Client’s behalf.
The Plumber Next Door shall not be liable for any defect in the Works if the Client does not follow The Plumber Next Door’ and/or the manufacture’s recommendations.
The Client must inspect all Materials on delivery (or the Works on completion) and must within seven (7) days of delivery notify The Plumber Next Door in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow The Plumber Next Door to inspect the Materials or to review the Works provided.
Under applicable State, Territory and Commonwealth Law (including, without limitation the Australian Consumer Law), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the Competition and Consumer Act 2010 (the CCA)) may be implied into these terms and conditions (Non- Excluded Guarantees).
The Plumber Next Door acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, The Plumber Next Door makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Materials/Works. The Plumber Next Door’ liability in respect of these warranties is limited to the fullest extent permitted by law.
If the Client is a consumer within the meaning of the CCA, The Plumber Next Door’ liability is limited to the extent permitted by section 64A of Schedule 2.
If The Plumber Next Door is required to replace any Materials under this clause or the CCA, but is unable to do so, The Plumber Next Door may refund any money the Client has paid for the Materials.
If The Plumber Next Door is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then The Plumber Next Door may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.
15.9 If the Client is not a consumer within the meaning of the CCA, The Plumber Next Door’ liability for any defect or damage in the Materials is:
(a) limited to the value of any express warranty or warranty card provided to the Client by The Plumber Next Door at The Plumber Next Door’ sole discretion; (b) limited to any warranty to which The Plumber Next Door is entitled, if The Plumber Next Door did not manufacture the Materials;
(c) otherwise negated absolutely.
15.10 Subject to this clause 15, returns will only be accepted provided that:
(a) the Client has complied with all its obligations and clause 15.2; and
(b) The Plumber Next Door has agreed that the Materials are defective; and
(c) the Materials are returned within a reasonable time at the Client’s cost (if that cost is not significant); and (d) the Materials are returned in as close a condition to that in which they were delivered as is possible.
Notwithstanding clauses 15.2 to 15.9 but subject to the CCA, The Plumber Next Door shall not be liable for any defect or damage which may be caused or partly caused by or arise because of:
(a) the Client failing to properly maintain or store any Materials;
(b) the Client using the Materials for any purpose other than that for which they were designed;
(c) the Client continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user; (d) interference with the Works by the Client or any third party without The Plumber Next Door’ prior approval;
(e) the Client failing to follow any instructions or guidelines provided by The Plumber Next Door; or
(f) fair wear and tear, any accident, or act of God.
The Plumber Next Door may in its absolute discretion accept non-defective Materials for return in which case The Plumber Next Door may require the Client to pay any handling fees plus any freight costs.
If the Client owes The Plumber Next Door any money, the Client shall indemnify The Plumber Next Door from and against all costs and disbursements incurred by The Plumber Next Door in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, The Plumber Next Door’ contract default fee, and bank dishonour fees).
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at The Plumber Next Door’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
Further to any other rights or remedies The Plumber Next Door may have under this contract, if a Client has made payment to The Plumber Next Door by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by The Plumber Next Door under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.
Without prejudice to any other remedies The Plumber Next Door may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions The Plumber Next Door may suspend or terminate the supply of Works to the Client. The Plumber Next Door will not be liable to the Client for any loss or damage the Client suffers because The Plumber Next Door has exercised its rights under this clause.
Without prejudice to The Plumber Next Door’s other remedies at law The Plumber Next Door shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to The Plumber Next Door shall, whether or not due for payment, become immediately payable if:
(a) any money payable to The Plumber Next Door becomes overdue, or in The Plumber Next Door’ opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
17 General provisions
(a) The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
(a) These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales.
17.3 Consequential loss
(a) Subject to clause 15, The Plumber Next Door shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by The Plumber Next Door of these terms and conditions (alternatively, The Plumber Next Door’ liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).
17.4 Assignment and subcontracting
(a) The Plumber Next Door may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent. The Client cannot assign or sub-contract without the written approval of The Plumber Next Door.
(b) The Plumber Next Door may elect to sub-contract all or any part of the Works but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Client agrees and accepts that it has no authority to give any instruction to any of The Plumber Next Door’ sub-contractors without the authority of The Plumber Next Door.
(a) The Client agrees that The Plumber Next Door may amend these terms and conditions at any time, upon notice to the Client which may be published on The Plumber Next Door’s website or via another electronic method as The Plumber Next Door sees fit.
(b) The Client will be taken to have accepted such changes if the Client makes a further request for The Plumber Next Door to provide any Works to the Client following a variation.
17.6 Force majeure
(a) The Plumber Next Door is not liable for any default, loss, damage or otherwise, due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, environmental condition, or other event beyond the reasonable control of The Plumber Next Door.
(a) Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so and they are not insolvent and that this agreement creates binding and valid legal obligations on them.
(a) If anything in this Terms of Trade is unenforceable, illegal or void it is severed to the extent it may be severed and the rest of the Terms of Trade remains in force.
17.9 Cancellation or termination
(a) The Plumber Next Door may cancel these Terms of Trade, terminate or cancel delivery the Materials/Works at any time in its absolute discretion, upon giving notice to the Client.
(b) In the event The Plumber Next Door cancels or terminates pursuant to clause 17.9(a), The Plumber Next Door will repay the Client any amounts paid in respect of the Price less any amount owed for any Works already completed.
(c) The Plumber Next Door is not liable for any loss or damage whatsoever arising from such cancellation or termination.
(d) If the Client cancels the delivery of Works the Client shall be liable for any and all loss incurred (whether direct or indirect) by The Plumber Next Door, as a direct result of the cancellation (including, but not limited to, any loss of profits) and The Plumber Next Door may invoice the Client for this loss.
(e) Cancellation of orders for Materials which are custom ordered (for example, made to the Client’s specifications) will not be accepted once production has commenced, or an order has been placed and the Client will be liable for the Price of the Materials in full.
Terms & Conditions of Trade – The Plumber Next Door © 2021