PLUMBDOG – TERMS AND CONDITIONS OF ENGAGEMENT

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:
1. DEFINITIONS & INTERPRETATION
1.1. Definitions
In this document, unless the context requires otherwise:
Additional Work means any work additional to the work already contemplated in an existing
Contract;
Advance Payment means any amount paid by the Client to Plumbdog as a pre-condition to
Plumbdog supplying Goods and Services, pursuant to clause 7.3;
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);
Authority to Proceed means the text message received by the Client setting out the work,
the costs associated with the work and referring the Client to these Terms;
Cancellation Policy means the means the cancellation policy per clause 3.2;
Charges means a GST exclusive written costs estimates issued by Plumbdog to the Client
for Service Work;
Claim means any demand, proceeding, judgement, liability, third party claim and cost
(including legal costs on an indemnity basis);
Client means the person requesting Plumbdog to supply the Goods or Services the subject
of these Terms;
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;
Deposit means the deposit paid by the Client to Plumbdog pursuant to clause 7;
Design means, design concepts, drawings and documents made pursuant to these Terms;
Franchisee means a franchisee of Plumbdog who operates a Plumbdog franchise business
under their own plumbing and gas license;
Goods mean the products, components, materials and equipment supplied or to be supplied
by Plumbdog to the Client;
GST has the same meaning in the A New Tax System (Goods and Services Tax) Act
1999 (Cth);
Invoices mean the invoices rendered by Plumbdog to the Client under clause 7.1;
Payment Authority Form means Plumbdog’s standard form which is attached to the Invoice
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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;
PPSA means Personal Property Securities Act 2009 (Cth);
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;
Quote means a GST exclusive written fixed quotation issued by Plumbdog to the Client for
Project Work;
Service Work means the supply of Goods and Services that relates to general maintenance
work including but not limited to general plumbing and gas maintenance, leak detection and
repairs, drain cleaning, CCTV maintenance and hot water system repairs or is work that is
urgent in nature for which a Quote cannot be provided without further investigation beyond
what a Site Visit allows;
Services means the services provided or to be provided by Plumbdog to the Client;
Site means the location (or locations) where the Goods are to be delivered or installed and
where the Services are to be performed;
Site Visit Fee means the sum of $99.00 inclusive of GST for the payment of Site Visits;
Site Visit means the initial Site attendance by Plumbdog for the purposes of scoping and
providing costs estimates for the completion of the requested Project Work or Service Work;
and
Terms means this document entitled “TERMS AND CONDITIONS OF ENGAGEMENT”;
Website Privacy Policy means the Plumbdog’s website privacy policy;
Work Frustration means any reason outside of Plumbdog’s reasonable control which
prevents Plumbdog from completing the relevant Service Work or Project Work.
1.2. Interpretation
A reference to a person includes:
(a) a partnership, joint venture, unincorporated association, corporation and a
government or statutory body or authority; and
(b) the person’s executors, administrators, legal personal representatives, successors,
assigns and persons substituted by novation; and
A reference to parties is a reference to Plumbdog and the Client.
2. BOOKINGS
(a) Plumbdog shall manage all bookings for Site Visits via Plumbdog’s website located at
https://www.plumbdog.com.au/ subject to Plumbdog’s Website Privacy Policy and
clause 21 of these Terms.
(b) On booking a Site Visit the Client agrees to:
(i) pay the Site Visit Fee per clause 3.1(a); and
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(ii) comply with the site access terms per clause 10; and
(iii) Plumbdog and its Franchisee reserving the right to decline service to the Client
if the Client or Agent are not in attendance during the Site Visit; and
(iv) the Cancellation Policy.
(c) The Client acknowledges that in making a booking request Plumbdog may refer the
Client to a Franchisee for completion of the work requested by the Client and if the
Franchisee to whom the Client is initially referred is not available to complete the work
then another Franchisee may perform the work.
3. SITE VISITS AND CANCELLATIONS
3.1. Site visits
(a) The Client will be charged a Site Visit Fee for the Site Visit which, if:
(i) the Client does not to proceed with the Project Work and/or Service Work, is
payable by card on completion of the Site Visit; and
(ii) the Client does proceed with the Project Work and/or Service Work, is included
in the Quote and/or the Charges as are applicable.
(b) Upon completion of the Site Visit the Franchisee will provide the Client with a Quote
and/or Charges and instructions on the required non-refundable deposits.
3.2. Cancellation policy
(a) The Client must notify Plumbdog and its Franchisee in writing by reply email to the
Site Visit booking confirmation email of any cancellation of the Site Visit twelve (12)
hours before the Site Visit.
(b) Failure to cancel a Site Visit in accordance with paragraph (a) will result in the Site
Visit Fee being fully payable.
(c) If the Site Visit is not cancelled according to paragraph (a) and the Client or Agent are
not at the Site during the Site Visit arrival window, the Site Visit Fee will be payable.
4. CONTRACT
(a) The Client will be deemed to have entered into a Contract upon their confirmation to
Plumbdog’s Authority to Proceed as set out in clauses 5(a) and 6(b).
(b) Unless the parties agree otherwise, these Terms shall also apply to any future supply
of Goods and Services by Plumbdog and its Franchisee even if these Terms are not
provided to the Client again.
5. SERVICE WORK
(a) The Client shall be deemed to have entered into a Contract to undertake the Service
Work when:
(i) Plumbdog or its Franchisee have advised the Client of the Charges; and
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(ii) the Client instructs Plumbdog or its Franchisee to proceed to supply the Goods
and Services by way of a ‘Yes’ text message reply to Plumbdog’s Authority to
Proceed.
(b) The Client accepts that Plumbdog and its Franchisee may need to issue revised
Charges to continue works. Revised Charges will need to be authorised prior to
proceeding with the works.
(c) The Client understands and accepts that due to many factors the cost amount
estimated does not always guarantee the plumbing or gas issues will be rectified
without further chargeable visits.
(d) The Client understands and accepts that due to many factors Service Work may result
in Project Work being required to provide a satisfactory service.
(e) As consideration for Plumbdog or its Franchisee undertaking the Service Work, the
Client shall pay the amounts invoiced per clause 7.
6. PROJECT WORK
(a) If the Client requests Project Work, Plumbdog or Franchisee will provide the Client
with a Quote and the Quote shall be open for acceptance until the earlier of:
(i) the period stated in the Quote;
(ii) 30 days after the date the Quote is issued; or
(iii) the time that Plumbdog or its Franchisee advise the Client that it is withdrawing
the Quote.
(b) The Client shall be deemed to have entered into a Contract to undertake the Project
Work when:
(i) Plumbdog or its Franchisee have advised the Client of the Quote; and
(ii) the Client instructs Plumbdog or its Franchisee to proceed to supply the Goods
and Services by way of a ‘Yes’ text message reply to Plumbdog’s Authority to
Proceed.
(c) The Client may at any time during the course of Project Work, request Additional Work
and if the nature of the Additional Work, to be determined at Plumbdog’s or its
Franchisee’s absolute discretion, is:
(i) Project Work, then the Additional Work will be dealt with in the same manner
as other Project Work; and
(ii) Service Work, then Plumbdog or its Franchisee will advise the Client of the
appropriate Charges and the Additional Work will be dealt with in the same
manner as other Service Work.
(d) As consideration for Plumbdog or its Franchisee undertaking the Project Work, the
Client shall pay the amounts invoiced per clause 7.
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7. INVOICES AND PAYMENTS
7.1. Invoices
(a) Plumbdog or its Franchisee may render Invoices to the Client at any time for the
Attendance Fee and/or Goods and Services supplied by a Franchisee to the Client.
(b) The Client shall be deemed to have received an Invoice from Plumbdog or its
Franchisee if it is:
(i) personally given to the Client or an agent of the Client;
(ii) posted to the Site;
(iii) emailed to any known email address of the Client or its Agent; or
(iv) posted to any known postal, residential or business address of the Client or its
agent.
7.2. Payments
(a) The Client must pay in full any Invoice on the same day that the Client receives the
Invoice, unless agreed in writing otherwise.
(b) The Client’s acknowledges that it is the responsibility of the Client to ensure the
correct Franchisee receives payment for the work completed.
(c) The Client may pay the Invoice by any method described on the Invoice, including:
(i) by cash;
(ii) by electronic funds transfer to Franchisee’s nominated bank account;
(iii) by electronic funds transfer to Plumbdog or its Franchisee at point of sale
(EFTPOS); or
(iv) by credit or debit card payment.
(d) In the case of late payment of Invoices, Plumbdog and its Franchisee reserves the
right to:
(i) charge late fees and admin fees ;
(ii) accrue Interest charge calculated at a rate of twelve (12%) per annum and
compounded daily; and
(iii) seek recovery for small claim court fees.
7.3. Advance payments
(a) As a pre-condition to supplying the Client with Goods and Services under any
Contract, Plumbdog or its Franchisee may require that the Client pay in advance:
(i) a non-refundable Deposit;
(ii) part or total cost quoted for Project Work; or
(iii) part or total cost estimated for Service Work.
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7.4. Cards payments
(a) If the Client pays any Invoice by credit or debit card, the Client agrees to make
payment:
(i) through https://www.plumbdog.com.au/;
(ii) by executing a Payment Authority Form; or
(iii) by providing Plumbdog or its Franchisee 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.
(b) If the Client pays any Invoice by credit or debit card, the Client:
(i) warrants that it has the necessary authority to authorise payments;
(ii) 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
(iii) agrees that it will do all things necessary to assist Plumbdog or its Franchisee
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.
(c) 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 7.4(b).
8. COSTS
8.1. Pricing
Plumbdog price guides are used as guides only, the Franchisee servicing the Client reserves
the right to provide Charges and/or Quotes to the Client based on their Site Visit and
professional opinion.
8.2. Deposit
The Deposit shall vest absolutely in Plumbdog or its Franchisee if:
(a) the Client cancels the Service Work or Project Work after it has entered into the
Contract for the same; or
(b) there is Work Frustration.
9. CLIENT WARRANTIES
9.1. Clients
(a) The Client represent and warrants that:
(i) It has full power and authority to enter into and perform its obligations under
the Contract;
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(ii) All information provided to Plumbdog or its Franchisee by or on behalf of the
Client is true and correct in all material respects, and it is not whether by
omission of information or otherwise, misleading; and
(iii) It has not withheld from Plumbdog or its Franchisee any document, information
or other fact material to the decisions of Plumbdog or its Franchisee to enter
into a contract with the Client.
(b) The representations and warranties given in this clause 9 survive the Contract.
9.2. Clients acting as Agents
(a) If Plumbdog or its Franchisee is engaged by an Agent then the Agent agrees that by
entering into the Contract:
(i) it does so as an agent for the Client;
(ii) it warrants that it is duly authorised by the Client to enter into the Contract on
behalf of the Client;
(iii) if requested by Plumbdog or its Franchisee, it must disclose the Client’s full
legal name, phone number, email address and last known address (Client’s
Details); and
(iv) 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.
(b) 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 Charges and/or Quote of all Goods
and Services to be supplied by Plumbdog or its Franchisee under the Contract.
(c) The Agent indemnifies Plumbdog and its Franchisee 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.
(d) In meeting its various obligations under the Contract, including the supply of Goods
and Services, Plumbdog may act through Plumbdog North Perth and Plumbdog South
Perth (license agreement holders), and also agents and contractors.
10. SITE ACCESS
(a) The Client will ensure that Plumbdog representatives have clear, safe and
uninterrupted access to the Site until they have completed the work.
(b) The Client will upon written notice from Plumbdog or its Franchisee, immediately
reimburse Plumbdog or its Franchisee for any reasonable costs Plumbdog or its
Franchisee incurs from its access to the Site being prevented or interrupted.
(c) The Client or Agent,
(i) must be at least 18 years old,
(ii) must be authorised to make decisions and approve works
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(iii) must be on Site during the agreed arrival time window for Plumbdog’s Site
Visit and supply of Goods and Services;
(iv) must remain on site during a Plumbdog’s representative attendance;
(v) where requested by Plumbdog or its Franchisee, immediately confirm in
writing whether Plumbdog or its Franchisee has completed the supply of the
Goods and Services according to a Quote; and
(vi) be authorised to make payment when requested by Plumbdog’s
representatives.
(d) Plumbdog and its Franchisee will use its best endeavours to attend at the Site at the:
(i) Site Visit agreed arrival window; and
(ii) any other time as advised by a Franchisee for the supply of Goods and
Services.
(e) Plumbdog or its Franchisee may in its sole discretion seek to amend the time that it
attends the Site by notice to the Client, subject to the Client’s approval.
11. GAS WORKS
(a) Gas works are subject to a gas tightness test on arrival and a working pressure test
on completion of the work.
(b) The Client acknowledges that Plumbdog and its Franchisee are required to report and
rectify anything that is in breach of the Gas Standards (Gasfitting and Consumer Gas
Installations) Regulations 1999 and should the Client refuse to give the Franchisee
the authority to do so, the Franchisee will be required to disconnect the gas supply to
the Site and advise the Client to engage the services of ATCO or another to resolve
the issue and reconnect.
12. PLUMBDOG’S WARRANTIES AND GUARANTEES
(a) Plumbdog warrants that all it and all its Franchisee are licensed, appropriately insured
and accountable.
(b) Plumbdog warrants that the supply of Goods and Services by Plumbdog shall be
completed in a workmanlike manner consistent with the standards in the trade and is
subject to the six (6) year warranty scheme of the Building Services (Complaint
Resolution and Administration) Act 2011.
(c) Each Franchisee warrants that that the supply of Goods and Services shall be
completed in a workmanlike manner consistent with the standards in the trade and is
subject to the six (6) year warranty scheme of the Building Services (Complaint
Resolution and Administration) Act 2011.
(d) Subject to paragraph (h), the Client acknowledges that claims for warranty shall be
made directly to the Plumbdog Franchisee responsible for the work the warranty
relates to.
(e) See paragraphs (b) and (c) [?].
(f) Subject to the Client’s rights under the Australian Consumer Law, Plumbdog and its
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Franchisee will not replace or refund any Goods or resupply any Services except
where the Goods or Services are defective and a claim is made pursuant to paragraph
(e).
(g) Warranty claims made by the Client to Franchisee to replace or refund any Goods or
resupply any Services due to alleged defects shall only be valid and considered if the
Client notifies the Franchisee of any defects in writing within seven (7) days from the
date of receipt of the Goods and Services and the Client permits a Franchisee to
inspect the Site where the Goods were delivered to or the Services supplied to and
gives the Franchisee the opportunity to make good any defects to reasonable
standards.
(h) Subject to paragraphs (b), (c), (d), (e) and (f), if a Franchisee considers the Goods or
Services provided to be defective, then it may, in its absolute discretion, elect to:
(i) in the case of the supply of Goods, replace, repair or resupply the Goods;
(ii) in the case of the supply of Services, supply the Services again;
(iii) refund the cost of supplying the Goods and Services; or
(iv) a combination of the above.
(i) Goods purchased from a manufacturer on behalf of the Client by Plumbdog its
Franchisee shall be subject to the manufacturer’s warranty and Plumbdog and its
Franchisee shall only be liable to the extent stipulated in the manufacturer’s warranty.
The Client agrees to comply with the terms of the manufacturer’s warranty in the event
that there is a defect in the Goods.
(j) To the extent permitted by law, all guarantees or warranties which are not expressly
states in these Terms are excluded.
13. LIABILITY
(a) Liability for work to be completed or completed by a Franchisee lies with the
Franchisee and the Franchisee is solely responsible for any Claims and Plumbdog
has no liability whatsoever to the Client.
(b) When working on a tiled roof great care will be taken not to break any roof tiles,
however sometimes due to old or brittle roof tiles breakage can occur. If this should
occur then we will do our best to identify any cracks or breaks and move those tiles
to areas over eaves and silicone seal them, or replace them if the client has spares.
Plumbdog cannot be held responsible for the cost in replacing roof tiles or any
damage caused.
(c) If we need to carry tools, equipment or appliances through a property due to
insufficient gated access then great care will be taken but no liability accepted. This
includes the use of a trolley on flooring.
(d) Prior to Plumbdog or its Franchisee commencing work for the Client, the Client should
advise Plumbdog or its Franchisee 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. If the client does not then Plumbdog, its Franchisee and Plumbdog
representatives cannot be deemed responsible in the event of an incident relating or
damage to:
(i) electrical services;
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(ii) gas services;
(iii) sewer services;
(iv) pumping services;
(v) sewer connections;
(vi) sewer sludge mains;
(vii) water mains;
(viii) irrigation pipes;
(ix) data cables; and
(x) telephone cables.
(e) Subject to clause 12(h), the maximum liability of Plumbdog or its Franchisee for any
Claim, shall not exceed the total value of the Goods and Services to be supplied by
Plumbdog or its Franchisee under the Contract.
14. INDEMNITIES
(a) The Client indemnifies Plumbdog and its Franchisee 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.
(b) The Client warrants that it has obtained all necessary third-party consents to the
supply of the Goods and Services by Plumbdog and its Franchisee to the Client.
(c) The Client indemnifies and holds harmless Plumbdog and its Franchisee against any
Claim:
(i) in connection with the provision by Plumbdog and its Franchisee of and use
by the Client of the Goods and Services; or
(ii) that arises by reason of damage caused to property located at the Site during
the provision by Plumbdog and its Franchisee of Goods and Services to the
Client resulting from an act or omission of the Client or any third party;
(iii) that arises from the Client’s failure to comply with clause 14(b).
15. FRUSTRATION AND EQUIPTMENT DAMAGE
15.1. Frustration
(a) The parties agree that in the event of Work Frustration the Deposit represents a fair
and reasonable estimate of the loss that Plumbdog and/or its Franchisee will suffer
as a result of the Work Frustration, unless the Work Frustration is as a result of
Plumbdog’s or its Franchisee’s negligence in which case Plumbdog or its Franchisee
will refund the Deposit to the Client minus the amounts in any Invoices issued.
(b) Subject to clause 15.1(a), in the event of Work Frustration the Advance Payment shall
be applied towards Invoices issued and the balance of the Advance Payment will be
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refunded to the Client.
15.2. Equipment damage
In the event that drain jetter hoses or CCTV cameras or any such equipment of a Franchisee
gets stuck in a pipe or drain or is otherwise damaged on Site in the course of the work for the
Client, Plumbdog and its Franchisee reserve the right to invoice the Client for the costs of
removing or repairing said equipment. If damage occurs to a wall or floor surface in the
process of retrieving equipment stuck in a pipe or drain Plumbdog and its Franchisee are not
to be held responsible for the damage.
16. BREACH
16.1. Breach
In the event that the Client breaches any of these Terms (Breach), then:
(a) Plumbdog or its Franchisee 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
(b) if the Client fails to comply with the Breach Notice, Plumbdog and its Franchisee may:
(i) terminate the Contract terminate the Contract with no further notice to the
Client; and
(ii) make all monies payable by the Client to Plumbdog and/or its Franchisee
immediately due and payable from the date of the Breach.
16.2. Repossession
(a) 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.
(b) The Client irrevocably authorises Plumbdog to enter the premises upon which the
Goods are located to repossess the same.
(c) Plumbdog shall be entitled but not obliged to sell any Goods repossessed by
Plumbdog pursuant to this clause 16.2.
17. TERMINATION
(a) Plumbdog and/or its Franchisee may at its absolute discretion terminate the Contract
at any time by giving the Client notice in writing (Termination Notice).
(b) Upon receipt of the Termination Notice, the Client must immediately pay all amounts
payable by the Client to Plumbdog and/or its Franchisee pursuant to the Contract,
including the balance of all Invoices.
(c) If Plumbdog and/or its Franchisee terminates the Contract pursuant to clause 17(a)
prior to the supply of any Goods and Services then it will refund any Advance Payment
to the Client.
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18. SECURITY
18.1. Security
(a) In consideration of Plumbdog and/or its Franchisee, 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 and its Franchisee:
(i) lodging a caveat or caveats over present or after-acquired real property of the
Client;
(ii) 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
(iii) 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.
(b) The Client agrees to:
(i) provide Plumbdog with any information that it requires in order to effect
registration with the Personal Properties Security Register; and
(ii) unconditionally waive its right to receive any notice from Plumbdog in
connection with the registration of any security interest by Plumbdog.
19. RETENTION OF TITLE
19.1. Title of Goods
(a) The risk of loss of, or damage to, the Goods will pass to the Client on delivery.
(b) All Goods supplied by Plumbdog and/or its Franchisee to the Client shall, until
Plumbdog and/or its Franchisee receives full payment for the same:
(i) remain the property of Plumbdog;
(ii) give rise to a purchase money security interest in the Goods;
(iii) give rise to repossession rights under clause 16.2(c); and
(iv) not be a fixture to land.
19.2. Acceptance
The Client will be deemed to have accepted the terms of this clause by placing an order for
any Goods, taking or accepting delivery of any Goods, or using any Goods whether or not
the Client has a written Contract or signs Invoices or/and Quotes.
20. INTELLECTUAL PROPERTY
(a) The Client agrees that Plumbdog retains all intellectual property rights in any Design.
(b) Plumbdog grants the Client a revocable licence to use the Design on the Site for the
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purposes contemplated by the Contract.
(c) Plumbdog may, acting reasonably, revoke the licence granted in this clause 20.
21. PRIVACY
(a) In the course of dealing with the Client, Plumbdog will collect personal information
from the Client via its website located at https://www.plumbdog.com.au/ or from the
client directly, please refer to Plumbdog’s Website Privacy Policy for more information
on information collected via Plumdog’s website.
(b) The Client agrees to allow Plumbdog or its Franchisee 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.
The Client reserves the right to unsubscribe from marketing material at any time.
(c) 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 21.
(d) The Client agrees to Plumbdog disclosing its personal information to other
organisations as is reasonably required in order to facilitate supply of the Goods and
Services to the Client, including but not limited to Plumbdog Franchisee.
(e) The Client acknowledged that calls to Plumbdog or its Franchisee may be recorded
for training and verification purposes. If the Client does not wish for their call to be
recorded, the Client must provide Plumbdog or its Franchisee with notice at the
beginning of each call.
(f) The Client acknowledges that Plumbdog and its Franchisee may photograph and/or
video the work completed for the Client and Plumbdog and its Franchisee reserve the
right to use these for use on Plumbdog’s social media platforms including but not
limited to Plumbdog’s website, Instagram and YouTube. If the Client does not wish
for photos or videos to be taken they are to provide Plumbdog with notice in writing
prior to a Franchisee’s arrival.
(g) The Client authorises Plumbdog:
(i) 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;
(ii) give to credit reference agencies personal information of the Client in
accordance with the Privacy Act 1988 (Cth); and
(iii) 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).
22. NOTICE
22.1. Method of Giving Notices
A notice, consent, approval or other communication (each a ‘Notice’) under this Agreement
must be signed by or on behalf of the person giving it, addressed to the person to whom it is
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to be given and:
(a) delivered to that person’s address;
(b) sent by pre-paid mail to that person’s address; or
(c) sent by email to that person’s email address.
22.2. Time of Receipt
A Notice given to a Party in accordance with clause 22.1 is treated as having been given and
received:
(a) if personally served at the time of service;
(b) if sent by pre-paid mail, on the third Business Day after posting; and
(c) if sent by email to a person’s email address, on the day of sending if sent before 5pm
on a Business Day, otherwise on the next following Business Day, unless an
undeliverable notice is received from the sender’s email server.
22.3. Address of Parties
For the purposes of this clause 22.1 the address of a party is the address set out below or
another address of which that party may from time to time give notice to each other party:
(a) Plumbdog:
(i) Address: Such address as Plumbdog shall advise the Client in writing
from time to time
(ii) Email: manager@plumbdog.com.au
(b) Client:
(i) Address: Site, registered address of the Client, Client has previously
used to contact Plumbdog or to such address as the Client
shall advise Plumbdog in writing from time to time.
23. MISCELLANEOUS
23.1. Variation of terms and conditions
(a) 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.
(b) 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.
23.2. 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.
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23.3. Assignment
The Client shall not assign any of its rights, obligations or benefits under these Terms without
Plumbdog’s express consent in writing.
23.4. 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.
23.5. Entire agreement
This Agreement constitutes the entire agreement between the parties in respect of the subject
matter and replaces all other agreements with respect thereto.
23.6. 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