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
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 authority to proceed requested by Plumbdog setting out the Work, costs of the work and referring the Client to these Terms;
Cancellation Policy means the means the cancellation policy per clause 3.2;
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 non-refundable deposit paid by the Client to Plumbdog pursuant to clause 6.2;
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 or its Franchisee 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 or its Franchisee to the Client under clause 7.1;
Payment Authority Form means Plumbdog’s standard payment authority form which when completed by the Client, provides the Client’s consent to charge any Invoice to the elected payment method;
Plumbdog means the Plumbdog franchisor;
PPSA means Personal Property Securities Act 2009 (Cth);
Project Work means the supply of Goods and Services that relates to work not within the scope of Service Work;
Quote means a GST exclusive written fixed quotation or estimate of costs issued by Plumbdog or its Franchisee to the Client for 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 fixed Quote cannot be provided without further investigation beyond what a Site Visit allows;
Services means the services provided or to be provided by Plumbdog or its Franchisee 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, also referred to as Call Out Fee and Inspection Fee, means the fee as specified by Plumbdog or its Franchisee upon Site Visit booking;
Site Visit, also referred to as Call Out or Inspection, means the initial Site attendance by Plumbdog for the purposes of scoping, inspecting and/or providing quote or costs estimates for the completion of the Work requested; and
Terms means the provisions of this Terms and Conditions of Engagement;
Work means any or all of Service Work, Project Work and Additional Work.
Work Frustration means any reason outside of Plumbdog’s reasonable control which prevents Plumbdog from completing the relevant Service Work, Project Work and/or Additional Work.
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, its Franchisee and the Client.
(a) On booking a Site Visit the Client agrees to:
(i) be bound by these Terms;
(ii) pay the Site Visit Fee per clause 3.1(a), whether or not Plumbdog or its Franchisee agree to perform the Work; and
(iii) comply with the site access terms per clause 11; and
(iv) 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
(v) the Cancellation Policy.
(b) The Client acknowledges that in making a booking request Plumbdog may refer the Client to a Franchisee for completion of the Services requested by the Client and if the Franchisee to whom the Client is initially referred is not available to complete the Services, then another Franchisee may perform the Services.
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 the Client:
(i) does not to proceed with the Work, is payable by card on completion of the Site Visit;
(ii) proceeds with the Work, is included in the Quote.
(b) Upon completion of the Site Visit, Plumbdog or its Franchisee will provide the Client with a Quote and instructions on the required Deposit.
3.2. Cancellation policy
(a) The Client or Agent must notify Plumbdog and its Franchisee in writing to Plumbdog’s 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 fully payable.
(a) The Client will be deemed to have entered into a Contract for Work when:
(i) Plumbdog or its Franchisee have provided the Client with a Quote for the Work; and
(ii) the Client has provided their verbal or written confirmation to Plumbdog’s
Authority to Proceed.
(b) The Client shall be deemed to have entered into a Contract for a hot water system (installation) when payment for the hot water system is made.
(c) The Client will be liable for any loss or damage caused as a result of the Client’s failure to provide accurate confirmation to the Authority to Proceed, any deficiency in the Work caused by inadequate or inaccurate information provided by the Client will be the Client’s responsibility.
(d) 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.
(e) As consideration for Plumbdog or its Franchisee undertaking Work pursuant to a Contract, the Client shall pay Invoices in full as they become due and payable and as instructed in the Invoices.
(f) As consideration for Plumbdog or its Franchisee undertaking the installation of a hot water system and/or a Site Visit for the purposes of installation of a hot water system, the Client shall pay Invoices in full as they become due and payable and as instructed in the Invoices.
5. HOT WATER SYSTEMS
(a) The Client may, directly from Plumbdog’s website:
(i) purchase hot water systems;
(ii) purchase hot water systems and Plumbdog’s installation services; and/or
(iii) book a Site Visit for the purposes of installation of a hot water system.
(b) Prices for hot water systems are as listed on Plumbdog’s website.
(c) Prices for hot water systems including Plumbdog’s installation services as listed on Plumbdog’s website are:
(i) for straight swap replacement of same or similar hot water system models, with no change to location or energy supply of the system;
(ii) based on assumption the existing hot water system comply with all relevant gas and plumbing codes; and
(iii) based on assumption gas pressure is sufficient to supply the hot water system (if relevant) and comply with Australian Gas Standards 5601.
(d) Additional Work charges may apply for installation of hot water systems, if Additional Work charges apply the Client will be advised of the Additional Work charges prior to installation of the hot water system by way of a Quote.
(e) Installation of the hot water system will not be initiated until the Client has provided their verbal or written confirmation to Plumbdog’s Authority to Proceed and paid in full for the costs of the Work associated with the installation of the hot water systems as outlined in the Quote and/or Invoice.
(f) Site Visits for the purposes of installation of a hot water system incur the Site Visit Fee.
(g) Subject to clause 11, no refunds of payments made for hot water systems (including Plumbdog’s installation services) will be provided,
(h) Plumbdog is not liable for any pre-existing faults with the Site’s plumbing, gas or electrical when replace the hot water system.
Plumbdog price guides are used as guides only, the Franchisee servicing the Client reserves the right to provide Quotes to the Client based on their Site Visit and professional opinion.
(a) If a Deposit is requested, Plumbdog and its Franchisee are under no obligation to undertake any of the Work until the Deposit if received in full
(b) The Deposit shall vest absolutely in Plumbdog or its Franchisee under all circumstances.
(a) The Client acknowledges that Plumbdog and its Franchisee may need to issue a revised Quote to continue the Work and that revised Quotes will require confirmation of an Authority to Proceed prior to continuing with the Work.
(b) Quotes shall be open for acceptance until the earlier of:
(i) the period stated in the Quote;
(ii) thirty (30) days from the date the Quote is issued; or
(iii) the notice to the Client of the rescission of the Quote by Plumbdog or its Franchisee.
7. INVOICES AND PAYMENTS
(a) Plumbdog or its Franchisee may render Invoices to the Client at any time for the Site Visit 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 its Agent;
(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.
(c) The Client will be liable for any default, loss or damage caused as a result of the Client’s failure to provide accurate contact information, any default in payment of Invoices caused by inadequate or inaccurate information provided by the Client will be the Client’s responsibility.
(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 of $250.00;
(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 Deposit; and/or
(ii) part or total cost quoted for Work.
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. CLIENT WARRANTIES
(a) The Client represent and warrants that:
(i) it has full power and authority to enter into and perform its obligations under the Contract;
(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 8 survive the Contract.
8.2. 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 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 its agents and contractors.
9. 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;
(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 representative’s 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.
10. 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.
11. 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 Services by Plumbdog shall be completed in a workmanlike manner consistent with the standards in the trade and are subject to the six (6) year warranty scheme of the Building Services (Complaint Resolution and Administration) Act 2011 to the extent that this applies, and excludes Services for:
(i) blocked sewers, drainage or stormwater for which no warranty shall apply; and
(ii) a value of $750.00 or less which shall be subject to a three (3) month warranty.
(c) Each Franchisee individually warrants that that the supply of Services shall be completed in a workmanlike manner consistent with the standards in the trade and are subject to the six (6) year warranty scheme of the Building Services (Complaint Resolution and Administration) Act 2011 to the extent that this applies and excludes Services for:
(i) blocked sewers, drainage or stormwater for which no warranty shall apply; and
(ii) a value of $750.00 or less which shall be subject to a three (3) month warranty.
(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) Subject to the Client’s rights under the Australian Consumer Law, Plumbdog and its 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 (g).
(f) Warranty claims made by the Client 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.
(g) 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.
(h) Goods purchased from a manufacturer on behalf of the Client by Plumbdog or 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.
(i) To the extent permitted by law, all guarantees or warranties which are not expressly stated in these Terms are excluded.
(j) The Client has a right to advise Plumbdog of any quality or pricing concerns by contacting the Plumbdog head office on firstname.lastname@example.org and Plumbdog shall investigate the Client’s concerns and recommend the relevant Franchisee rectify or refund, as is applicable, should Plumbdog consider that an error has occurred.
(a) The Franchisee supplying the Goods and/or Services shall be solely liable for any Claims arising in relation to the Goods and/or Services, Plumbdog shall not be held liable for any Claims in relation to the supply of Goods and/or Services by a Franchisee.
(b) When working on a tiled roof: great care will be taken not to damage roof tiles, should roof tiles be damaged then the Franchisee representative shall identify to the best of its ability any cracks or breaks and move damaged tiles to areas over eaves and silicone seal them or replace them if the Client has spare roof tiles.
(c) If a Franchisee representative needs to carry tools, equipment or appliances through the inside of a building due to insufficient gated access then great care will be taken, but the Franchisee shall not be liable for any damage caused as a consequence.
(d) Prior to Plumbdog or its Franchisee supplying Good and/or Services, 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;
(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.
(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 13(b).
14. FRUSTRATION AND EQUIPTMENT DAMAGE
(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 14.1(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 refunded to the Client.
14.2. Equipment damage
In the event that drain jetting 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 supplying Services 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 liable for the damage.
In the event that the Client breaches any of these Terms (Breach), then:
(a) Plumbdog or its Franchisee may issue a seven (7) days’ written notice to the Client specifying the nature of the Breach and the action the Client must take to rectify the breach (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.
(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 15.2.
(a) Plumbdog and/or its Franchisee may at its absolute discretion terminate the Contract with seven (7) days written notice to the Client (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 18(a) prior to the supply of any Goods and Services then it will refund any Advance Payment to the Client.
(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.
18. RETENTION OF TITLE
18.1. 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 15.2(c); and
(iv) not be a fixture to land.
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 and/or Quotes.
19. 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 purposes contemplated by the Contract.
(c) Plumbdog may, acting reasonably, revoke the licence granted in this clause 19.
(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 20.
(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).
21.1. 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 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.
21.2. Time of Receipt
A Notice given to a Party in accordance with clause 21.1 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.
21.3. Address of Parties
For the purposes of this clause 21.1 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:
(i) Address: Such address as Plumbdog shall advise the Client in writing from time to time
(ii) Email: email@example.com
(i) Address: Site, registered address of the Client, email address Client has previously used to contact Plumbdog or to such address as the Client shall advise Plumbdog in writing from time to time.
22.1. 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.
22.2. 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.
The Client shall not assign any of its rights, obligations or benefits under these Terms without Plumbdog’s express consent in writing.
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.
22.5. 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.
22.6. 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.