Terms of Trade

The following constitute the terms and conditions of business between us, Strictly Plumbing And Gas Limited and you, the client. These terms need to be accepted by you before we begin work at your property. If you accept a quotation for us to carry out work for you, or otherwise instruct us to commence work for you, we will treat this as acceptance by you of these terms, and a binding contract to perform the work will be formed between us.  These terms are effective from the above date until these terms of trade are replaced by another document.

 (a) Legal ownership in all goods supplied to you by us is retained by us until full payment has been received. You agree that we are entitled to register a security interest under the Personal Property Securities Act 1999 (PPSA) against you in order to secure our interest in such goods. You agree to waive your right under the PPSA to receive a verification statement. 

 (b) You will be responsible for risk of any loss or damage to any goods supplied by us to you whensoever and howsoever caused following delivery notwithstanding that title to the goods may not have passed to you.  

(c) If any payment is overdue in whole or in part, we may (without prejudice to any of our other rights) physically recover and/or sell any goods supplied by us to you and without further notice may enter your site or premises (including through our agents) in order to take possession of and remove such goods.  

(d) You agree to indemnify us and our employees and agents against any loss or damage occasioned to third parties in or arising from the repossession of any goods.

Understandably things don't always go to plan, We are always happy to reschedule an appointment free of charge. 

If you need to cancel, your appointment please provide us with at least 24 hours notice. 

A $50 cancellation fee may apply to appointments cancelled within 24 hours of your appointment time.

Some jobs will require a deposit before work commences. If a deposit invoice is sent and remains unpaid before the work commences, we reserve the right to halt work until payment is made. We also reserve the right to cancel the contract entirely if payment is late or delayed.

If you ask us to enter your site or premises to deliver goods, carry out our work or for any other purposes that form the matter of this contract you agree to:  

a. Provide suitable access, information, documents and facilities required by us to properly complete or co-ordinate delivery of the goods and/or services.  

b. Provide or obtain all consents or other authorities required for the work, including approvals from owners, occupiers and others.  

c. Provide a specific instruction if you do not wish our vehicles to enter the site.  

d. Ensure that where you have agreed to provide materials or to engage other contractors to perform work, all the relevant materials or services are provided at the time agreed or within a reasonable time so as not to impede the reasonable progress of our delivery or work.  

e. Notify us of all relevant health and safety requirements and with any site-specific safety requirements including any hazards in the workplace to which we may be exposed in working on your premises. We may refuse to perform work if at our sole discretion we are not satisfied that it can be performed safely.

Goods are at the sole risk of the Customer upon delivery in accordance whether received by the Customer or not, whether or not there is a delay in delivery and even though ownership of the goods may not have passed to the Customer. 

The Customer shall at all times insure the goods and keep them insured for their full insurable value against all insurable causes including loss or damage by fire and theft. If the goods are lost, damaged or destroyed then the Customer agrees to make a claim against the insurance policy with respect to the lost, damaged or destroyed goods and to immediately pay the proceeds received to The Company, and the Customer will remain liable to The Company for any shortfall in the insurance proceeds.

 We will invoice you on completion of the work, or for progress payments where work is undertaken over a period exceeding one month, or for a deposit prior to commencing work.  Payment is due on all invoices within 7 days following the date of the invoice. When arranged in advance, payments may be made on the 20th of the month following invoice.  Overdue payments shall attract interest in addition to the original invoiced amount at 2.5% compounded per month or part thereof upon so much of the original amount as remains due until full payment is made.  You agree to pay or reimburse all costs and expenses incurred by us in recovering any amount overdue for payment, including legal fees and debt collection agency fees.

We guarantee that we will remedy any defective workmanship and replace any faulty material that is reported to us in writing within 90 days of completion of the contract. This performance guarantee does not extend to any goods or materials supplied by you. In the case of work covered by the Consumer Guarantees Act 1993, this warranty is in addition to any rights you may have under that Act.

We will not be liable to you for any financial or economic loss or any indirect or consequential loss suffered or incurred by you.

 If we collect any personal information from you, you authorise us to use such information collected from you for purposes relating to us performing our obligations under our contract with you 

 You are responsible for obtaining any consents or other authority necessary for the work, and will provide that to us on request. We reserve the right to suspend work or to cancel this contract if you have failed to obtain any such consent or authority. 

Without limiting any other provisions of these terms, we shall not be liable for any claims resulting from our delay or failure in the performance of any obligation or the exercise of any right as a result of a “Force Majeure” event. “Force Majeure” means any event outside our reasonable control, including acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, hurricanes, volcano eruptions, cyclones, riot, power failure, industrial action, defaults of manufacturers and suppliers, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, theft, any criminal act, the consequences of Covid-19 or any other pandemic, or other similar events beyond our control that may prevent or delay our supply of goods or services to you.

Nothing in this clause shall excuse your obligation to make payment of any amount owing due or which becomes due under these terms and the occurrence of a force majeure event shall not give you a right to cancel any contract with us.

 We shall be entitled to rely on the accuracy of, and not be obliged to check, any plans, specifications and other information supplied by you. We shall bear no responsibility for any goods supplied by us in compliance with those plans & specifications which are subsequently found to not be correct or appropriate. 

Once our quotation has been accepted, no variation to the scope of work or to these terms and conditions shall be valid unless agreed in writing.