12-18 Clarendon St
Artarmon NSW 2064
The following Terms and Conditions represent Acclaim Plumbing and Hot Water Pty Ltd incorporating the following entities; Acclaim Plumbing and Hot Water Pty Ltd , Hot Water Sydney, hotwatersydney.com.au, Hot Water Maintenance North Shore, Hot Water Maintenance Artarmon. These Terms apply to any goods or services supplied or to be supplied to the Customer, or any third party on the Customer’s behalf. Any reference to the Customer also includes its respective successors or permitted assigns. If the Customer constitutes more than one person or entity, the Terms bind each of them jointly and severally.
Any instructions received by Acclaim Plumbing and Hot Water Pty Ltd from the Customer for the supply of goods or services shall constitute acceptance of the terms and conditions contained herein. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the price. Upon acceptance of these terms and conditions by the customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with written consent of Acclaim Plumbing and Hot Water Pty Ltd. None of Acclaim Plumbing and Hot Water Pty Ltd’ agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager in writing nor is Acclaim Plumbing and Hot Water Pty Ltd bound by any such unauthorised statements.
The goods are as described on the invoices, estimate, quotation, work authorisation or any other work commencement forms as provided by Acclaim Plumbing and Hot Water Pty Ltd to the customer.
The prices payable for the goods and services that you order are set out in our quote sent to you. Our quotes are valid for a defined period as outlined in the quotation. By agreeing to the quotation you agree to its terms, the terms outlined herein, and furthermore you agree with the payment terms outlined post completion of the job.
4. PRICE AND PAYMENT
It remains Acclaim Plumbing and Hot Water Pty Ltd’ sole discretion that the price shall be either a) as indicated on invoices provided by Acclaim Plumbing and Hot Water Pty Ltd to the customer in respect of goods and/or services provided, or b) Acclaim Plumbing and Hot Water Pty Ltd’ quoted or estimated price which shall be binding upon Acclaim Plumbing and Hot Water Pty Ltd provided that the client shall accept in writing the quotation or estimate within the specified time frame. Any variation from the plan of scheduled works or specifications will be charged for on the basis of Acclaim Plumbing and Hot Water Pty Ltd’ quotation or estimate and will be shown as variations on the invoice. Payment for all variations must be made in full at the time of completion. Time for payment for the goods or services provided shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of goods, or completion of works provided. At Acclaim Plumbing and Hot Water Pty Ltd’ sole discretion, for certain approved customers an extended payment period will apply. Payment will be made by cash, cheque, direct credit or by credit card on completion of work (credit card surcharge of 2% may apply).
In the event that any money payable to Acclaim Plumbing and Hot Water Pty Ltd becomes overdue, Acclaim Plumbing and Hot Water Pty Ltd shall be entitled to cancel all or any part of the order of the Customer which remains unperformed, in addition to and without prejudice to any other remedies. If any account remains unpaid at the end of the agreed term, Acclaim Plumbing and Hot Water Pty Ltd will issue a letter advising intent to serve. At Acclaim Plumbing and Hot Water Pty Ltd’ discretion, penalties and interest (26.40%) may apply for non-payment within an agreed term, as per the Taxation Administration Act 1996.
The customer shall pay to the company an administration fee of $320.00 plus tax on the occurrence of default or non payment of services provided.
6. WARRANTY OF GOODS
For goods not manufactured by Acclaim Plumbing and Hot Water Pty Ltd, the warranty shall be the current warranty provided by the manufacturer of the goods. Acclaim Plumbing and Hot Water Pty Ltd shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.
7. FORCE MAJEURE
Acclaim Plumbing and Hot Water Pty Ltd is not liable for any delay or the failure to perform any obligation in the Customer’s favour arising as a result of any event beyond Acclaim Plumbing and Hot Water Pty Ltd’ control.
Any promotional offers outlined in the job/quote cannot be redeemed with any other specials, offers and other advertised promotions. By taking up the promotional offer, you forfeit any rights to claim additional discounts/benefits from other advertised offers.
9. DELIVERY OF GOODS AND SERVICES
Delivery of goods shall be made to the customer’s address. The customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. The Plumber may deliver the goods by separate instalments, in accordance with the agreed delivery schedule. Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract of sale. Delivery of goods to a third party nominated by the client is deemed to be delivery to the client for the purposes of this agreement. The failure of Acclaim Plumbing and Hot Water Pty Ltd to deliver shall not entitle either party to treat this contract as repudiated. Acclaim Plumbing and Hot Water Pty Ltd shall not be liable for any loss or damage whatsoever due to failure by Acclaim Plumbing and Hot Water Pty Ltd to deliver the goods, or any part of them, promptly or at all.
10. INTELLECTUAL PROPERTY
Where Acclaim Plumbing and Hot Water Pty Ltd has designed or drawn goods for the customer, the copyright in those designs and drawings shall remain vested in Acclaim Plumbing and Hot Water Pty Ltd, and shall only be used by the customer at Acclaim Plumbing and Hot Water Pty Ltd’ discretion. The customer warrants that all designs or instructions to Acclaim Plumbing and Hot water Pty Ltd will not cause the plumber to infringe any patent, registered design or trademark in the execution of the customer’s order.
All intellectual property rights in this job/quote, including design, text, graphics, logos, icons, style and format relating to this job/quote belong to or are licensed by Acclaim Plumbing and Hot Water Pty Ltd. You must not otherwise in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another distribution medium or create derivative works from any part of this job/quote or commercialise any information obtained without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material. These intellectual property rights are protected by Australian and international laws. Acclaim Plumbing and Hot Water Pty Ltd, its logo and product names is a registered trademark of Acclaim Plumbing and Hot Water Pty Ltd. All other company and product names and logos are trademarks or registered trademarks of their respective owners.
11. CONTRACT WORKS
Price is constructed and offered based on the drawings and specifications listed in the quote provided. It is the assumption that all drawings and specifications received are accurate and complete containing all the required detail on 1) the complete detail of location and routes of all proposed and existing services and 2) all materials and items selected. Associated details listed in other service specification or plans have not been included unless expressly listed in the inclusions above. Any works required for variances or additions to the listed drawings including, but not limited to, 1) on-site discrepancies, 2) information that is incomplete, technically incorrect or not specifically detailed on the listed drawings or 3) clashes with new or existing services and/or structures will be charged accordingly. Works will proceed only after written authorisation has been received from a representative of your company. Acclaim Plumbing and Hot Water Pty Ltd will not be held responsible in any way for any delay, financial or legal costs or actions resulting from issues listed above.
12. ROCK AND FILLED GROUND
Unless specifically stated in writing, Acclaim Plumbing and Hot Water Pty Ltd’ quotes and estimates do not include rock excavation, dewatering or supportive work, such as pier and beams for filled or made up ground.
13. CUSTOMER DISCLAIMER
The customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to them by any servant or agent of Acclaim Plumbing and Hot Water Pty Ltd, and the customer acknowledges that they purchase the goods and services solely upon their own skill and judgement and that Acclaim Plumbing and Hot Water Pty Ltd shall not be bound by, nor responsible for any term, condition, representation or warranty other than the warranty given by the manufacturer which warranty shall be personal to the customer.