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 L.J. Murrays Plumbing Pty Ltd, trading as MURRAYS PLUMBING Terms of Trade

1. Definitions

1.1 “Murrays Plumbing” means L.J. Murrays Plumbing Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of L.J. Murrays Plumbing Pty Ltd.

1.2 “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.  Real Estate Agents Customers use our services on behalf of the Customer.

1.3 “Goods” “Services” means all Goods/Materials and/or Services/Labour supplied by Murrays Plumbing to the Customer.  At the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4 “Price” means the Price payable for the Goods & Services as agreed between Murrays Plumbing and the Customer in accordance with clause 5 below.

2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

2.2 These terms and conditions may only be amended with Murrays Plumbing’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between Murrays Plumbing and the Customer.

3. Electronic Transactions Act 2000

3.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

4. Change in Control

4.1 The Customer shall give Murrays Plumbing not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, email or business practice). The Customer shall be liable for any loss incurred by Murrays Plumbing as a result of the Customer’s failure to comply with this clause.

5. Price and Payment

5.1 At Murrays Plumbing, sole discretion the Price shall be either:

(a)  Indicated on any invoice provided by Murrays Plumbing to the Customer; or

(b)  Murrays Plumbing’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation for a period of thirty (30) days.

5.2 Murrays Plumbing reserves the right to change the Price:

(a) If a variation to the Goods which are to be supplied is requested; or

(b) If a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or

(c) Where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to: unforeseen issues which were hidden/not visible to the eye before works were commenced, underground obstructions both natural or manmade, poor weather conditions, change of design, inaccurate measurements, limitations to accessing the site, obscured defects, safety considerations, prerequisite work by any third party not being completed, iron reinforcing rods in concrete, hard rock barriers below the surface or hidden pipes and wiring in walls etc.) which are only discovered on commencement of the Services; or

(d) In the event of unforeseen increases to Murrays Plumbing cost of labour or Goods which are beyond Murrays Plumbing’s control, communication is made with the Client and any extra works will be noted in detail on the invoice.

5.3 At Murrays Plumbing’s sole discretion, a non-refundable deposit may be required.

5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Murrays Plumbing, which may be:

(a)  On delivery of the Goods and/or Services;(b)  the date specified on any invoice or other form as being the date for payment (7 days); or(c)  failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Murrays Plumbing.

5.5 At Murrays Plumbing’s sole discretion payment of the Price shall be subject to retention by the Customer of an amount (hereafter called the “retention money”), being equal to a percentage of the Price as agreed between the parties. The Customer shall hold the retention money for the agreed period following completion of the works during which time all Services are to be completed and/or all defects are to be remedied.

5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, Eftpos including Savings & Cheque account transactions or credit card (credit card surcharge of 2% paid by the Customer in addition to the invoice total).

5.7 GST (Goods & Services Tax) is included in the Invoice/Quotation total (unless otherwise stated).  the Price does not include GST.  The Customer must pay to Murrays Plumbing an amount equal to any GST Murrays Plumbing must pay for any supply by Murrays Plumbing under this or any other agreement for the sale of the Goods.

6. Delivery

6.1 Subject to clause 6.2 it is Murrays Plumbing’s responsibility to ensure that the Services start as soon as it is reasonably possible.

6.2 The Services commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Murrays Plumbing claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond Murrays Plumbing’s control, including but not limited to any failure by the Customer to:

(a)  Make a selection; or

(b)  Have the site ready for the Services; or

(c)   Notify Murrays Plumbing that the site is ready.

6.3 Delivery (“Delivery”) of the Goods is taken to occur at the time that Murrays Plumbing (or Murrays Plumbing’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.

6.4 At Murrays Plumbing’s sole discretion, the cost of delivery is included in the Price.

6.5 Murrays Plumbing may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions if requested or required by Murrays Plumbing to the Customer.

6.6 Any time or date given by Murrays Plumbing to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if delayed and Murrays Plumbing will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

7. Risk

7.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.

7.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Murrays Plumbing is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Murrays Plumbing is sufficient evidence of Murrays Plumbing’s rights to receive the insurance proceeds without the need for any person dealing with Murrays Plumbing to make further enquiries.

7.3 If the Customer requests Murrays Plumbing to leave Goods elsewhere for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customer’s sole risk.

7.4 Murrays Plumbing shall not be liable for any loss or damage caused in accessing the work site beyond reasonable control of Murrays Plumbing (including, without limitation, to ceiling tiles and panels, face brickwork and rendered masonry services) which Murrays Plumbing may have to break into or disturb in performance of the Services), unless due to the negligence of Murrays Plumbing.

7.5 Where the Customer has supplied Goods for Murrays Plumbing to complete the Services required, the Customer acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in the Goods. Murrays Plumbing shall not be responsible for any defects in the Services, any loss or damage to the materials (or any part thereof), howsoever arising from the use of Goods supplied by the Customer.

7.6 Where Murrays Plumbing is required to install the Goods, the Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Murrays Plumbing shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.

7.7 The Customer acknowledges that Murrays Plumbing is only responsible for the installation of parts that are replaced by Murrays Plumbing and that in the event that other parts/Goods, subsequently fail, the Customer agrees to indemnify Murrays Plumbing against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.

7.8 Any advice, recommendation, information, assistance or service provided by Murrays Plumbing in relation to Goods or Services supplied is given in good faith, is based on Murrays Plumbing’s own knowledge and experience and shall be accepted without liability on the part of Murrays Plumbing and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods or Services.

8. Blocked Drain

8.1 The Customer acknowledges and agrees that the presence of plant/tree root growth and/or blockages generally indicates damaged pipes. Accordingly, the Customer agrees that these pipes cannot be fixed by simply removing plant/tree root growth or cleaning the drain, therefore no warranty is provided against this situation arising again in the future and in respect of any work carried out in relation thereto.

8.2 Upon a blockage being cleared from a drain/sewer, further works may be required to carry out repairs causing blockages.

8.3 In the event that any of Murrays Plumbing’s equipment becomes lodged in the Customer’s faulty drain the Customer will be liable for all costs incurred by Murrays Plumbing in retrieving and/or repairing the equipment.

9.  Gas / Carbon Monoxide Testing

9.1 Murrays Plumbing is licensed in gas installations and servicing.  Carbon Monoxide testing can be carried out on gas appliances such as heaters.  Should faults occur with appliances upon testing, the Customer is aware that Murrays Plumbing will cut & seal the gas supply to the unit for safety.  Should a gas appliance fail and omit carbon monoxide in the period after Murrays Plumbing have carried out a passed carbon monoxide test, the Customer agrees to indemnify Murrays Plumbing against any loss or damage.  Such appliances are not manufactured by Murrays Plumbing and the Customer will hold the manufacture liable for any loss.

10. Access

10.1 The Customer shall ensure that Murrays Plumbing has clear and free access to the work site at all times to enable them to undertake the Services. Murrays Plumbing shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Murrays Plumbing.

11. Underground Locations

11.1 Prior to Murrays Plumbing commencing any work the Customer must advise Murrays Plumbing of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.

11.2 Whilst Murrays Plumbing will take all care to avoid damage to any underground services the Customer agrees to indemnify Murrays Plumbing 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 as per clause 11.1.

12. Dimensions, Plans and Specifications

12.1  All customary building industry tolerances shall apply to the dimensions and measurements of the Services unless Murrays Plumbing and the Customer agree otherwise in writing.

12.2 Murrays Plumbing shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer.

12.3 If the giving of an estimate or quotation for the supply of Goods involves Murrays Plumbing estimating measurements and quantities, it shall be the responsibility of the Customer to verify the accuracy of Murrays Plumbing’s estimated measurements and quantities, before the Customer places an order based on such estimate or accepts such quotation.

12.4 Should the Customer require any changes to Murrays Plumbing’s estimated measurements and quantities, the Customer shall request such changes in writing, in the case of an estimate before placing an order based on that estimate and in the case of a quotation before acceptance of that quotation.

13. Compliance with Laws

13.1 The Customer and Murrays Plumbing shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.

13.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.

13.3 The Customer agrees that the site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation.

14. Customer Responsibilities

14.1 It is the Customer’s responsibility to;

(a)  Remove all fragile items such as glassware, crockery, pot plants, furniture and ornaments. Breakages and damages are the responsibility of the Customer. All care taken but no responsibility accepted by Murrays Plumbing in this regard; and

(b)  Supply power to within eight (8) metres of the project; and

(c)   Make the premises available on the agreed date and time. If installation is interrupted by the failure of the Customer to adhere to the installation schedule agreed to between Murrays Plumbing and the Customer, any additional costs will be invoiced to the Customer as an extra.

14.2 Murrays Plumbing is not insured to remove furniture or fittings and will not do so, nor is Murrays Plumbing licensed to remove electrical appliances (license held for electric hot water service disconnections & reconnections).

15. Title

15.1 Murrays Plumbing and the Customer agree that ownership of the Goods shall not pass until:

(a)  The Customer has paid Murrays Plumbing all amounts owing to Murrays Plumbing; and

(b)  The Customer has met all of its other obligations to Murrays Plumbing.

15.2 Receipt by Murrays Plumbing of 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.

15.3 It is further agreed that:

(a)  Until ownership of the Goods passes to the Customer in accordance with clause 14.1 that the Customer is only a Bailee of the Goods and must return the Goods to Murrays Plumbing on request.

(b) The Customer holds the benefit of the Customer’s insurance of the Goods on trust for Murrays Plumbing and must pay to Murrays Plumbing the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

(c)   The Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Murrays Plumbing and must pay or deliver the proceeds to Murrays Plumbing on demand.

(d)  The Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Murrays Plumbing and must sell, dispose of or return the resulting product to Murrays Plumbing as it so directs.

(e)  The Customer irrevocably authorises Murrays Plumbing to enter any premises where Murrays Plumbing believes the Goods are kept and recover possession of the Goods.

(f)    Murrays Plumbing may recover possession of any Goods in transit whether or not delivery has occurred.

(g)  The Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Murrays Plumbing.

(h)  Murrays Plumbing may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

16. Personal Property Securities Act 2009 (“PPSA”)

16.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

16.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by Murrays Plumbing to the Customer.

16.3 The Customer undertakes to:

(a)  Promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Murrays Plumbing may reasonably require to;

(i)   Register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii)  Register any other document required to be registered by the PPSA; or

(iii) Correct a defect in a statement referred to in clause 15.3(a)(i) or 15.3(a)(ii);

(b)  Indemnify, and upon demand reimburse, Murrays Plumbing for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;

(c)   Not register a financing change statement in respect of a security interest without the prior written consent of Murrays Plumbing;

(d)  Not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Murrays Plumbing;

(e)  Immediately advise Murrays Plumbing of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

16.4 Murrays Plumbing and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

16.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

16.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

16.7 Unless otherwise agreed to in writing by Murrays Plumbing, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

16.8 The Customer must unconditionally ratify any actions taken by Murrays Plumbing under clauses 16.3 to 16.5.

16.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

17. Security and Charge

17.1 In consideration of Murrays Plumbing agreeing to supply the Goods, the Customer 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 Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

17.2 The Customer indemnifies Murrays Plumbing from and against all Murrays Plumbing’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Murrays Plumbing’s rights under this clause.

17.3 The Customer irrevocably appoints Murrays Plumbing and each director of Murrays Plumbing as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 16 including, but not limited to, signing any document on the Customer’s behalf.

18. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

18.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify Murrays Plumbing in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Murrays Plumbing to inspect the Goods.

18.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

18.3 Murrays Plumbing acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

18.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Murrays Plumbing makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Murrays Plumbing’s liability in respect of these warranties is limited to the fullest extent permitted by law.

18.5 If the Customer is a consumer within the meaning of the CCA, Murrays Plumbing’s liability is limited to the extent permitted by section 64A of Schedule 2.

18.6 If Murrays Plumbing is required to replace the Goods under this clause or the CCA, but is unable to do so, Murrays Plumbing may refund any money the Customer has paid for the Goods.

18.7 If the Customer is not a consumer within the meaning of the CCA, Murrays Plumbing’s liability for any defect or damage in the Goods is:

(a)  Limited to the value of any express warranty or warranty card provided to the Customer by Murrays Plumbing at Murrays Plumbing’s sole discretion;

(b)  Limited to any warranty to which Murrays Plumbing is entitled, if Murrays Plumbing did not manufacture the Goods;

(c)   Otherwise negated absolutely.

18.8 Subject to this clause 18, returns will only be accepted provided that:

(a)  The Customer has complied with the provisions of clause 18.1; and

(b)  Murrays Plumbing has agreed that the Goods are defective; and

(c)   The Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and

(d)  The Goods are returned in as close a condition to that in which they were delivered as is possible and returns are accepted and refunded by Murrays Plumbing supplier.

18.9 Notwithstanding clauses 18.1 to 18.8 but subject to the CCA, Murrays Plumbing shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a)  The Customer failing to properly maintain or store any Goods;

(b)  The Customer using the Goods for any purpose other than that for which they were designed;

(c)   The Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d)  The Customer failing to follow any instructions or guidelines provided by Murrays Plumbing;

(e)  Fair wear and tear, any accident, or act of God.

(f)  The Customers change of mind.

18.10 Notwithstanding anything contained in this clause if Murrays Plumbing is required by a law to accept a return then Murrays Plumbing will only accept a return on the conditions imposed by that law.

19. Intellectual Property

19.1 Where Murrays Plumbing has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Murrays Plumbing.

19.2 The Customer warrants that all designs, specifications or instructions given to Murrays Plumbing will not cause Murrays Plumbing to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Murrays Plumbing against any action taken by a third party against Murrays Plumbing in respect of any such infringement.

19.3 The Customer agrees that Murrays Plumbing may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Murrays Plumbing has created for the Customer.

20. Default and Consequences of Default

20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of nine & half percent (9.5%) per calendar month or at the current prescribed rate as per the Penalty Interest Rates Act 1983 (Vic).  Murrays Plumbing’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

20.2 If the Customer owes Murrays Plumbing any money the Customer shall indemnify Murrays Plumbing from and against all costs and disbursements incurred by Murrays Plumbing in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, debt collection fees incurred by Murrays Plumbing’s choice of debt collector, Murrays Plumbing’s contract default fee, bank dishonour fees.  All fees accumulated in addition to the claimed/invoice owed amount).  A Caveat will be placed on the property in the amount of the funds owned.

20.3 Without prejudice to any other remedies Murrays Plumbing may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Murrays Plumbing may suspend or terminate the supply of Goods to the Customer. Murrays Plumbing will not be liable to the Customer for any loss or damage the Customer suffers because Murrays Plumbing has exercised its rights under this clause.

20.4 Without prejudice to Murrays Plumbing’s other remedies at law Murrays Plumbing shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Murrays Plumbing shall, whether or not due for payment, become immediately payable if:

(a)  Any money payable to Murrays Plumbing becomes overdue, or in Murrays Plumbing’s opinion the Customer will be unable to make a payment when it falls due;

(b)  The Customer becomes insolvent, 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 Customer or any asset of the Customer.

21. Cancellation

21.1 Murrays Plumbing may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice, Murrays Plumbing shall repay to the Customer any money paid by the Customer for the Goods. Murrays Plumbing shall not be liable for any loss or damage whatsoever arising from such cancellation.

21.2 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Murrays Plumbing as a direct result of the cancellation (including, but not limited to, any loss of profits).

22. Building and Construction Industry Security of Payments Act 1999

22.1 At Murrays Plumbing’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.

22.2 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 2002 of Victoria, except to the extent permitted by the Act where applicable.

23. Plumber's Obligations

23.1 The Plumber will use it best efforts to supply Goods and Services in accordance with the quotation but will not be liable to the Client for any delays, no matter what the reason including negligence of the Plumber

23.2 The Plumber shall perform work in a professional manner as per Australian Standards.

23.3 The Plumber shall perform work in accordance with OH&S requirements.

23.4 The Plumber shall handle any fixtures, fittings, materials and/or equipment provided by the Client with reasonable care.

23.5 The Plumber 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.

23.6 The Plumber 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 is not included in Plumber’s quotation, unless otherwise stated and must be carried out at Client’s cost.

23.7 Pricing on Works are 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.

24. General

24.1 The failure by Murrays Plumbing to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Murrays Plumbing’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.

24.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria in which Murrays Plumbing has its principal place of business, and are subject to the jurisdiction of the Courts in Victoria.

24.3 Subject to clause 18, Murrays Plumbing shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Murrays Plumbing of these terms and conditions (alternatively Murrays Plumbing’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

24.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Murrays Plumbing nor to withhold payment of any invoice because part of that invoice is in dispute.

24.5 Murrays Plumbing may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

24.6 The Customer agrees that Murrays Plumbing may amend these terms and conditions at any time. If Murrays Plumbing makes a change to these terms and conditions, then that change will take effect from the date on which Murrays Plumbing notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for Murrays Plumbing to provide Goods to the Customer.

24.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

24.8 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

24.9 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.

25. Insurance

25.1 Murrays Plumbing holds and maintains all insurances required by law to carry out plumbing in Victoria and holds a Plumbing License issued by the Victorian Building Authority.

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