TERMS AND CONDITIONS OF ENGAGEMENT

M & M Trade Services Pty Ltd ACN 612 078 289 trading as Plumbdog (Plumbdog) will provide plumbing, gas, drainage, hot water and other goods and services to the Client on the terms and conditions set out below.

The parties agree as follows:

  • Interpretation

In this document, unless the context requires otherwise:

  1. Agent means a person purporting to engage Plumbdog on behalf of another person (e.g. a property manager engaging Plumbdog on behalf of either an owner of a property or the tenant of that property);
  2. Additional Work means any work additional to the work already contemplated in an existing Contract, pursuant to clause 6;
  3. Advance Payment means any amount paid by the Client to Plumbdog as a pre-condition to Plumbdog supplying Goods and Services, pursuant to clause 8;
  4. Claim means any demand, proceeding, judgement, liability, third party claim and cost (including legal costs on an indemnity basis);
  5. Client means the person requesting Plumbdog to supply the Goods or Services the subject of these Terms;
  6. Contract means a contract between the parties for the supply of Goods and Services, constituted by these Terms and the terms set out in the relevant Quote, if any.
  7. Deposit means the deposit paid by the Client to Plumbdog pursuant to clauses i;
  8. Design means, design concepts, drawings and documents made pursuant to these Terms;
  9. Goods mean the products, components, materials and equipment supplied or to be supplied by Plumbdog to the Client;
  10. GST has the same meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
  11. Invoices mean the invoices rendered by Plumbdog to the Client under clause 11;
  12. Payment Authority Form means Plumbdog’s standard form which is attached to the Invoice and when fully executed by the Client, will contain the Client’s credit or debit card details necessary for payment and the Client’s consent to charge any Invoice to that credit or debit card.
  13. Project Work means the supply of Goods and Services required by the Client for which the Client is able to provide Plumbdog with a scope that is sufficiently defined for Plumbdog, in its absolute discretion, to be able to issue a Quote for;
  14. PPSA means Personal Property Securities Act 2009 (Cth);
  15. Quote means a GST exclusive written quotation issued by Plumbdog to the Client for Goods and Services;
  16. Services mean the services provided or to be provided by Plumbdog to the Client;
  17. Service Work means the supply of Goods and Services that is not Project Work or is work that Plumbdog does not have time to quote for due to the urgent or emergency nature of the work;
  18. Site means the location (or locations) where the Goods are to be delivered or installed and where the Services are to be performed;
  19. Terms mean this document entitled “TERMS AND CONDITIONS OF ENGAGEMENT”;
  20. a reference to a person includes:
    1. a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority; and
    2. the person’s executors, administrators, legal personal representatives, successors, assigns and persons substituted by novation; and
  21. a reference to parties is a reference to Plumbdog and the Client.
  • Contract formation
    1. The Client will be deemed to have entered into a Contract upon the occurrence of the matters set out in clauses 5b and 7b.
    2. Unless the parties agree otherwise, these Terms shall also apply to any future supply of Goods and Services by Plumbdog even if these Terms are not provided to the Client again.
  • Client contracting as agent
    1. If Plumbdog is engaged by an Agent then the Agent agrees that by entering into the Contract:
      1. it does so as an agent for the Client;
      2. it warrants that it is duly authorised by the Client to enter into the Contract on behalf of the Client;
  • if requested by Plumbdog, it must disclose the Client’s full legal name, phone number, email address and last known address (Client’s Details); and
  1. if the Agent fails to disclose the Client’s Details, the Agent agrees to indemnify Plumbdog for the Client’s performance of its obligations under this Contract including the payment of the Invoices and all costs and expenses for the recovery of the same, including legal costs on a full indemnity basis.
  1. If the Agent is a property manager or strata manager, it warrants that it holds sufficient funds in trust on behalf of the Client to cover the quoted or estimated costs of all Goods and Services to be supplied by Plumbdog under the Contract.
  2. The Agent indemnifies Plumbdog for the Client’s performance of its obligations under the Contract including the payment of the Invoices and all costs and expenses for the recovery of the same, including legal costs on a full indemnity basis.
  • Plumbdog may act through agents

In meeting its various obligations under the Contract, including the supply of Goods and Services, Plumbdog may act through an agent or contractor.

  • Project Work
    1. If the Client requests Project Work to be done:
      1. Plumbdog will provide the Client with a Quote; and
      2. the Quote shall be open for acceptance until the earlier of:
        1. the period stated in the Quote;
        2. 30 days after the date the Quote is issued; or
        3. the time that Plumbdog advises the Client that it is withdrawing the Quote.
      3. The Client shall be deemed to have entered into a Contract to undertake the Project Work when:
        1. the Client advises Plumbdog that they accept the Quote;
        2. the Client instructs Plumbdog to proceed to supply the Goods and Services even if the Client has not expressly accepted the Quote; or
  • Plumbdog supplies the Goods and Services and the Client pays for the same in full or in part even if the Client has not expressly accepted the Quote.
  1. As consideration for Plumbdog undertaking the Project Work, the Client shall pay Plumbdog the amounts set out in the Quote and any other amounts pursuant to clause 8.
  • Additional Work
  1. The Client may at any time during the course of Project Work, request Goods and Services be supplied which exceed the scope of that Project Work (Additional Work).
  2. If the nature of the Additional Work, to be determined at Plumbdog’s absolute discretion, is:
    1. Project Work, then Plumbdog will issue the Client with a Quote for the same and the Additional Work will be dealt with in the same manner as other Project Work; and
    2. Service Work, then Plumbdog will advise the Client of the appropriate Service Work Charges and the Additional Work will be dealt with in the same manner as other Service Work.
  • Service Work
    1. If the Client requests Service Work to be done, Plumbdog will advise the Client of the following:
      1. the minimum charge for attending the Site;
      2. the estimated time Plumbdog will arrive at the Site; and
  • the estimated total cost of undertaking the Service Work based on the callout fee and the rates for the labour

(Service Work Charges).

  1. The Client shall be deemed to have entered into a Contract to undertake the Service Work when:
    1. Plumbdog has advised the Client of the Service Work Charges; and
    2. the Client instructs Plumbdog to proceed to supply the Goods and Services.
  2. As consideration for Plumbdog undertaking the Service Work, the Client shall pay Plumbdog the appropriate Service Work Charges.
  • Advance payments
    1. As a pre-condition to supplying the Client with Goods and Services under any Contract, Plumbdog may require that the Client pay Plumbdog in advance:
      1. a non-refundable Deposit;
      2. the total cost quoted for Project Work; or
  • the total cost estimated for Service Work

(Advance Payment).

  1. The Deposit shall vest absolutely in Plumbdog if:
    1. the Client cancels the Service Work or Project Work after it has entered into the Contract for the same; or
    2. for any reason outside of Plumbdog’s reasonable control, Plumbdog is prevented from completing the relevant Service Work or Project Work

(Work Frustration), unless the Work Frustration is as a result of Plumbdog’s negligence in which case Plumbdog will refund the Deposit to the Client minus the amounts in any Invoices issued.

  1. The parties agree that in the event of Work Frustration, the Deposit represents a fair and reasonable estimate of the loss that Plumbdog will suffer as a result of the same.
  2. Subject to clause 8b, the Advance Payment shall be applied towards Invoices issued and the balance of the Advance Payment will be refunded to the Client.
  • Site Access and information
    1. The Client will ensure that Plumbdog has clear, safe and uninterrupted access to the Site until Plumbdog has completed its work.
    2. The Client will upon written notice from Plumbdog, immediately reimburse Plumbdog for any reasonable costs Plumbdog incurs from its access to the Site being prevented or interrupted.
    3. Prior to Plumbdog commencing work for the Client, the Client must advise Plumbdog of the precise location of all covered mains and services underground, in floors, walls, and cavities on the Site and clearly mark the same including:
      1. electrical services;
      2. gas services;
  • sewer services;
  1. pumping services;
  2. sewer connections;
  3. sewer sludge mains;
  • water mains;
  • irrigation pipes;
  1. data cables; and
  2. telephone cables.
  1. The Client or an appointed agent, who must be at least 18 years old, must:
    1. remain on Site during Plumbdog’s supply of Goods and Services; and
    2. where requested by Plumbdog, immediately confirm in writing whether Plumbdog has completed the supply of the Goods and Services according to a Quote or work authorisation form.
  • Timing of access to Site
    1. Plumbdog will use its best endeavours to attend at the Site at:
      1. if Project Work, the time advised by Plumbdog when the Quote is accepted; or
      2. if Service Work, the time advised by Plumbdog pursuant to clause ii
    2. Notwithstanding clause 10a, Plumbdog may in its sole discretion amend the time that it attends the Site.
  • Invoice and payment
    1. Plumbdog may render Invoices to the Client at any time for Goods and Services supplied by Plumbdog to the Client.
    2. The Client must pay in full any Invoice on the same day that the Client receives the Invoice, unless agreed in writing otherwise.
    3. The Client may pay the Invoice by any method described on the Invoice, including:
      1. by cash;
      2. by cheque payable to “M&M Trade Services Pty Ltd” or otherwise advised by Plumbdog;
  • by electronic funds transfer to Plumbdog’s nominated bank account;
  1. by electronic funds transfer to Plumbdog at point of sale (EFTPOS); or
  2. by credit or debit card payment.
  1. The Client shall be deemed to have received an Invoice from Plumbdog if it is:
    1. personally given to the Client or an agent of the Client;
    2. posted to the Site;
  • emailed to any known email address of the Client or its agent; or
  1. posted to any known postal, residential or business address of the Client or its agent.
  1. Interest shall accrue on all overdue Invoices calculated at a rate of 12% per annum and compounded daily.
  • Credit card payments
  1. If the Client pays any Invoice by credit or debit card, the Client:
  2. agrees to make payment:
    1. through plumbdog.com.au;
    2. by executing a Payment Authority Form; or
    3. by providing Plumbdog with its credit or debit card details and authorising payment of the Invoice by text message from the contact number provided to Plumbdog by the Client or another method of communication as agreed between the parties.
  3. warrants that it has the necessary authority to authorise payments;
  • agrees that it will not request its financial services provider that has issued the credit or debit card used (Client FSP) to process a chargeback; and
  1. agrees that it will do all things necessary to assist Plumbdog to verify to the Client FSP or Plumbdog’s financial services provider, that the Client has authorised the credit or debit card transactions relating to the Goods and Services supplied by Plumbdog to the Client.
  2. The Client will indemnify Plumbdog in relation to any expense, loss or damage arising from, or in relation to, the Client’s failure to do anything or breach of any warranty in clause 12a.
  • Termination
    1. Plumbdog may at its absolute discretion terminate the Contract at any time by giving the Client notice in writing (Termination Notice).
    2. Upon receipt of the Termination Notice, the Client must immediately pay all amounts payable by the Client to Plumbdog pursuant to the Contract, including the balance of all invoices.
    3. If Plumbdog terminates the Contract pursuant to clause 13a prior to the supply of any Goods and Services then it will refund any Advance Payment to the Client.
  • Retention of title

All Goods supplied by Plumbdog to the Client shall, until Plumbdog receives full payment for the same:

  1. remain the property of Plumbdog;
  2. give rise to a PMSI in the Goods; and
  3. not be a fixture to land.
  • Security
    1. In consideration of Plumbdog, at the request of the Client, agreeing to provide the Goods and Services, the Client charges all their present and after acquired property and consent to Plumbdog:
      1. lodging a caveat or caveats over present or after-acquired real property of the Client;
      2. registering a security interest (in the form of a general security agreement) as defined under the PPSA in relation to any security interest contemplated or constituted by these Terms; and
  • registering a specific security interest agreement as defined in the PPSA over any specific property which the Client has agreed in writing with Plumbdog to be charged.
  1. The Client agrees to:
    1. provide Plumbdog with any information that it requires in order to effect registration with the PPSR; and
    2. unconditionally waive its right to receive any notice from Plumbdog in connection with the registration of any security interest by Plumbdog.
  • Breach

In the event that the Client breaches any of these Terms (Breach), then:

  1. Plumbdog may issue a notice to the Client specifying the nature of the Breach and the action the Client must take to rectify it (Breach Notice); and
  2. if the Client fails to comply with the Breach Notice, Plumbdog may:
    1. terminate the Contract terminate the Contract with no further notice to the Client; and
    2. make all monies payable by the Client to Plumbdog immediately due and payable from the date of the Breach (Breach Date).
  • Repossession
    1. In the event of a Breach and in addition to any other right or entitlement Plumbdog may have under the Contract or at law, Plumbdog may without notice, repossess the Goods.
    2. The Client irrevocably authorises Plumbdog to enter the premises upon which the Goods are located to repossess the same.
    3. Plumbdog shall be entitled but not obliged to sell any Goods repossessed by Plumbdog pursuant to this clause 17.
  • Indemnity
    1. The Client indemnifies Plumbdog against all costs and expenses incurred by Plumbdog as a result of the Client’s failure to perform its obligations under the Contract, including enforcement costs, costs to repossess Goods and legal costs on a full indemnity basis.
    2. The Client warrants that it has obtained all necessary third party consents to the supply of the Goods and Services by Plumbdog to the Client.
  1. The Client indemnifies and holds harmless Plumbdog against any Claim:
    1. in connection with the provision by Plumbdog of and use by the Client of the Goods and Services; or
    2. that arises by reason of damage caused to property located at the Site during the provision by Plumbdog of Goods and Services to the Client resulting from an act or omission of the Client or any third party;
  • that arises from the Client’s failure to comply with clause 9c.
  1. The maximum liability of Plumbdog for any Claim, shall not exceed the total value of the Goods and Services to be supplied by Plumbdog under the Contract.
  • Replacement and refunds
    1. Subject to the Client’s rights under the Australian Consumer Law, Plumbdog will not replace or refund any Goods or resupply any Services except where:
      1. the Goods or Services are defective; and
      2. a claim is made pursuant to clause 19b.
    2. Claims the Client makes to Plumbdog to replace or refund any Goods or resupply any Services that you allege to be defective shall only be valid and considered if:
      1. the Client notifies Plumbdog of any defects in writing;
      2. within seven (7) days from the date of receipt of the Goods and Services; and
  • the Client permits Plumbdog to inspect the Site where the Goods were delivered to or the Services supplied to (Inspection).
  1. If following the Inspection, Plumbdog considers the Goods or Services provided to be defective, then it may, in its absolute discretion, elect to:
    1. in the case of the supply of Goods, replace, repair or resupply the Goods;
    2. in the case of the supply of Services, supply the Services again;
  • refund the cost of supplying the Goods and Services; or
  1. a combination of the above.
  • Force majeure

Plumbdog will not be liable to the Client for any default or delay in the supply of Goods or Services due to a condition or reason that is out of the reasonable control of Plumbdog including flood, fire, storm, strike or industrial action.

  • Copyright
  1. The Client agrees that Plumbdog retains all intellectual property rights in any Design.
  2. Plumbdog grants the Client a revocable licence to use the Design on the Site for the purposes contemplated by the Contract.
  3. Plumbdog may, acting reasonably, revoke the licence granted in this clause 21.
  • Privacy
  1. In the course of dealing with the Client, Plumbdog will collect personal information from the Client.
  2. The Client agrees to allow Plumbdog to collect and use the personal information collected from the Client for the purpose of supplying the Goods and Services to the Client, marketing and providing other goods and services to the Client.
  3. The Client acknowledges that Plumbdog may not be able to supply the whole or part of the Goods or Services if the Client does not provide Plumbdog with the personal information required under this clause 22.
  4. The Client agrees to Plumbdog disclosing its personal information to other organisations in order to facilitate supply of the Goods and Services to the Client.
  5. The Client authorises Plumbdog:
  6. to make any and all enquiries necessary to ascertain the creditworthiness of the Client and its directors (if applicable), including, but not limited to, conducting checks with credit reference agencies;
  7. give to credit reference agencies personal information of the Client in accordance with the Privacy Act 1988 (Cth); and
  • receive any information about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers can give or receive from each other under the Privacy Act 1988 (Cth).
  • Severability

If any part of the Contract is or become void or unenforceable, that part is or will be severed from the Contract to the intent that all parts that are not or do not become void or unenforceable remain in full force and effect and are unaffected by that severance.

  • Governing Law

The Contract shall be governed by the law of Western Australia and Plumbdog and the Client consent to the non-exclusive jurisdiction of the Courts of Western Australia.

  • Variation
  1. Plumbdog may in its sole discretion, amend these Terms by notice in writing to the Client and the Client will from the date of receipt of the notice be bound in its dealings with Plumbdog by the amended Terms.
  2. No variation of or waiver of any of these Terms will be of any force or effect unless they are agreed by Plumbdog in writing.
  • Notice
  1. Any notice required to be given or made by or pursuant to these Terms shall be given or made in writing and signed by the party and must be posted, faxed or served as follows:
  2. where the notice is to Plumbdog, it must be sent to admin@plumbdog.com.au or to such address as Plumbdog shall advise the Client in writing from time to time; and
  3. where the notice is to the Client, it must be sent to the Site or the registered address of the Client or an address which the Client has previously used to contact Plumbdog or to such address as the Client shall advise Plumbdog in writing from time to time.
  4. Notices shall be deemed to have been received:
  5. if personally served, at the time of service;
  6. if mailed, on the third business day after date of mailing; and
  • if sent by facsimile or email, on the business day the same is dispatched, unless an undeliverable notice is received from the sender’s email server.
  • Assignment

The Client shall not assign any of its rights, obligations or benefits under these Terms without Plumbdog’s express consent in writing.