Terms and Conditions GT Plumbing Gas and Drainage Pty Ltd (ABN 37623531457)
These Terms and Conditions apply to all works carried out by GT Plumbing Gas and Drainage Pty Ltd (the Company). It is the Client’s responsibility to read them carefully and seek legal advice before engaging us.
1. Definitions 1.1 “Company” means GT Plumbing Gas and Drainage Pty Ltd and its agents, contractors and employees. 1.2 “Client” means the person or entity engaging the Company, including any authorised representative.
2. Quotations and Scope Changes 2.1 Quotations are based on information supplied by the Client and a visual inspection. They are not fixed-price contracts unless expressly stated in writing. 2.2 If, upon attendance, the scope of works changes or cannot proceed as quoted due to deterioration of existing conditions (whether known or unknown), the Company may charge a reasonable Call-Out and Set-Up Fee (calculated at the Company’s standard hourly rate plus travel and equipment costs) determined on the day. The Client agrees to pay this fee immediately or as invoiced.
3. Payments 3.1 Progress payments must be made as requested. Failure to pay will suspend all further work. Full payment is due on completion. 3.2 Only direct credit or cash payments are accepted. 3.3 Overdue amounts incur a late administration fee of $110 (inc GST) plus interest at 10% per annum (calculated daily). These charges represent a genuine pre-estimate of loss and comply with NSW Fair Trading and Australian Consumer Law guidelines. 3.4 Fees may change without notice. After-hours rates apply outside 7:00 am–5:00 pm Monday–Friday and 8:00 am–12:00 pm Saturday.
4. Goods and Materials 4.1 All goods and materials supplied or installed remain the property of the Company until paid in full (Retention of Title). Risk passes to the Client on delivery or installation. The Client must keep the goods identifiable and insured until title passes.
5. Cancellation 5.1 The Company may cancel works on 24 hours’ written notice without liability. 5.2 The Client must give at least 24 hours’ notice of cancellation or incur a $110 (inc GST) minimum charge. 5.3 Deposits are non-refundable.
6. Warranty and Consumer Guarantees
6.1 12-month labour warranty. The Company warrants its labour (workmanship) for 12 months from the invoice date. If our workmanship proves defective within that time, the Company will come back and fix it at no charge for labour. This applies only to the exact location and scope of works performed by the Company. Proof of invoice is required.
6.2 All valves and specified items must be serviced annually by the Company; failure voids the warranty.
6.3 Products/parts supplied carry only the manufacturer’s warranty. The Company provides no additional warranty or liability on the products themselves. The Client must claim directly from the manufacturer.
6.4 If the Client supplies their own products or materials, no warranty is provided on our labour or installation of those items.
6.5 How to claim. The labour warranty is given by GT Plumbing Gas and Drainage Pty Ltd (ABN 37623531457). To claim, contact the Company within the 12-month period on 0451 001 503 or at [email protected], quoting your invoice number and describing the problem (photos help). The Company will arrange a time to inspect and, if the defect is in our workmanship, fix it.
6.6 Costs of a claim. The Company bears the cost of inspecting and fixing a valid labour warranty claim.
6.7 The benefits of this labour warranty are in addition to other rights and remedies the Client has under a law in relation to the goods or services to which the warranty relates, including the Australian Consumer Law.
6.8 Nothing in these terms excludes, restricts or modifies any non-excludable consumer guarantees under the Australian Consumer Law (ACL) or other applicable laws. Services are supplied with due care and skill. Remedies for breach are limited to those available under the ACL.
6.9 Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
7. Exclusions and Indemnities 7.1 The Client acknowledges that the Company is not liable for any pre-existing issues, defects or conditions (known or unknown). If our works aggravate or reveal any existing problems, the Client is solely responsible for all repair costs and claims. 7.2 The Client indemnifies the Company against all liability, loss, claims or proceedings arising from disturbance of buried or unseen services, including damage to property, personal injury or economic loss (to the extent permitted by law). 7.3 No warranty applies to blocked drains, sewers or stormwater lines (see clause 8.3). 7.4 The Company is not liable for delays caused by weather, labour shortages, or events beyond its reasonable control.
8. Specific Plumbing Conditions 8.1 Rock excavation, dewatering, piering, or made-up ground is charged as a variation unless expressly included in writing. 8.2 Landscaping, concrete, paving and plant replacement are excluded unless specified in writing and treated as variations. 8.3 Blocked drains/sewers cannot be permanently fixed by cleaning or root removal. No warranty is given for future blockages. 8.4 CCTV use (if required) is at the Company’s discretion and incurs additional charges. 8.5 Any Company equipment damaged or lodged in drains must be repaired or replaced at the Client’s expense.
9. Intellectual Property 9.1 Copyright in any designs or drawings remains with the Company and may only be used with our prior written consent.
10. Online Reviews 10.1 The Client agrees not to post any review or public statement that is false, misleading, defamatory, or contains confidential information. 10.2 If the Company believes a review is inaccurate or misleading, it may request the Client to consider amending or removing it. The Client agrees to act reasonably in response to any such request.
11. Dispute Resolution 11.1 Any dispute must be notified in writing. The parties must meet within 7 days to attempt resolution. 11.2 If unresolved, the dispute may be referred to the NSW Civil and Administrative Tribunal (NCAT) or arbitration as appropriate.
12. General 12.1 The Client must obtain all necessary licences, approvals and comply with safety legislation at their expense. 12.2 The Company may use the Client’s contact details for marketing unless the Client opts out. 12.3 These terms replace all prior agreements and supersede any previous company terms. 12.4 To the extent permitted by law, the Company’s liability is limited to the assets of the Pty Ltd entity.
Acceptance By engaging the Company, requesting works, or paying a deposit, the Client confirms they have read, understood and agree to be bound by these Terms and Conditions in full.
