Terms and Conditions

DATE OF CONTRACT
1. This contract is effective from the date it is signed by both parties or on the part or whole performance of the Works by ProRec Plumbing Solutions Pty Ltd

EFFECT OF CONTRACT
2. Any variation or termination may only be made in accordance with the terms of the contract.

3. Any deposits made will not be refundable other than as provided in the contract.

4. Where the Client is a corporation or partnership, its directors or partners agree to be bound by this contract jointly and severally.

CONTRACT PRICE AND PAYMENT
5. The Client shall pay the ProRec Plumbing Solutions Pty Ltd the Contract Price and the price of any variation in accordance with this contract.

6. The Contract Price shall be paid no later than 7 days from the Completion Date or the date of the invoice.

7. If the Contract Price is to be divided into progress payments such payments shall be paid no later than 7 days from the date of the invoice relating to the progress payment.

8. All prices are calculated on the basis of existing costs for labour, fixtures and materials at the date of pricing and for 30 days after. If the contract is not signed by the Client within 30 days of receiving it the price may be varied. If the client does not wish to proceed for the new price the contract will lapse.

9. Where Prime Cost Items and/or provisional sums have been included in the Contract Price and a greater amount is spent than the allowance, the Client shall pay the difference to ProRec Plumbing Solutions Pty Ltd within 7 days of the date of dispatch of the invoice. Prime Cost Items are fittings, materials and products provided by ProRec Plumbing Solutions Pty Ltd at the specific direction of the Client and at the cost of the Client or provided by the Client at no cost to the Contractor, but the installation or use of which may incur costs additional to those allowed for in the contract price.

10. Warranties on Prime Cost items will be the warranties of the manufacturer. This contract makes no provision for costs associated with the removal or installation of Prime Cost Items that must be replaced under manufacturers’ warranty.

11. ProRec Plumbing Solutions will take all reasonable care to ensure that Prime Cost Items are fit for purpose.

12. This contract makes no provision for the excavation, removal and cartage of excess soil, rock or reef materials that may be encountered during excavations. The Client must pay ProRec Plumbing Solutions Pty Ltd the costs of excavation/ removal of all excess soil, rock and/or reef material.

13. This contract makes no provision for the costs associated with the identification or removal and cartage of Asbestos Containing Material (ACM) that may be encountered during completion of Works. Costs associated with the identification and removal of ACM shall constitute a variation and such variation shall permit an additional charge for such work.

14. Payment for excavation/removal of all rock and/or reef material and/or excess soil shall be made within 7 days of the date of the invoice.

15. 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.

16. Where additional work is agreed for special treatment and/or replacement of damaged drains due to the proximity of tree roots/blockages, filled ground or like conditions, the additional costs of drain inspection and clearing equipment concreting, use of cast iron or other special treatment or replacement work shall constitute a variation and such variation shall permit an additional charge for such work.

17. Where drain inspection or clearing equipment including but not limited to cables and hoses becomes jammed as a result of damaged drains or blockages, ProRec Plumbing Solutions Pty Ltd will be entitled to take reasonable action to retrieve such items. Costs associated with the retrieval of inspection and clearing equipment shall constitute a variation and such variation shall permit an additional charge for such work.

18. The Contract Price for the Works 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 shall constitute a variation.

19. The Contract Price for the Works is based upon the assumption that ProRec Plumbing Solutions Pty Ltd will have access to the site during normal working hours at which the Works are carried out. If ProRec’s access to the site is impeded in any way, this shall constitute a variation.

20. If the Client fails to make any payment, the ProRec Plumbing Solutions Pty Ltd may charge interest on the outstanding amount/s at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) from the due date of payment until the date of full payment.

21. The Client is liable for all reasonable costs and expenses incurred by ProRecor by any third party engaged by ProRec Plumbing Solutions Pty Ltd incidental to and arising out of late payments of amounts due under this contract.

22. The property in the goods sold and delivered pursuant to this contract (“Goods”) shall remain with ProRec Plumbing Solutions Pty Ltd until full payment is made by the Client to ProRec Plumbing Solutions Pty Ltd together with all charges for extra materials and /or works made in accordance with this contract.

23. The Client agrees:

(a) that, pursuant to the Personal Property Securities Act 2009 (“PPSA”), this contract creates a security interest in all Goods (and proceeds of Goods) in favour of the Contractor to secure the purchase price for the Goods;

(b) that the following sections of the PPSA do not apply: 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142, 143 and, to the extent section 115(7) applies, each section of Part 4.3 of the PPSA is excluded unless the Contractor elects in writing to retain Part 4.3 (which the Contractor may elect to do either in whole or in part);

(c) to waive its right to receive notice of a verification statement in relation to registration of a security interest; and

(d) the Contractor may recover from the Client the cost of doing anything under this clause 20, including registration fees.