Plumber Blocked Drains| Elite Plumbing And Gas Solutions

Terms Of Trade

By Accepting a quote or engaging Elite Plumbing And Gas solutions to complete "DO AND CHARGE" work you agree to the conditions stated below

1. Definitions
1.1 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Contractor to
provide the Works as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a partnership, it shall bind each partner jointly and severally; and
(c) if the Client is a part of a trust, shall be bound in their capacity as a trustee; and
(d) includes the Client’s executors, administrators, successors and permitted assigns.
1.2 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments
expressed to be supplemental to this Contract.
1.3 “Contractor” means Shane Jeffrey Foster T/A Elite Plumbing and Gas Solutions, its successors and assigns or any person acting on behalf
of and with the authority of Shane Jeffrey Foster T/A Elite Plumbing and Gas Solutions.
1.4 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
1.5 “Price” means the Price payable (plus any GST where applicable) for the Works as agreed between the Contractor and the Client in
accordance with clause 4 below.
1.6 “Works” means all Works (including consultation, manufacturing and/or installation services) or Materials supplied by the Contractor to the
Client at the Client’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the
other).
1.7 “Worksite” means the address nominated by the Client to which the Materials are to be supplied by the Contractor.
2. Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client
places an order for or accepts delivery of any Works.
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the
parties have entered into, the terms of this Contract shall prevail.
2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4 Where the Client is a tenant (and therefore not the owner of the land and premises where Works are to be carried out) then the Client
warrants that they have obtained the full consent of the owner for the Contractor to carry out the Works on the owner’s land and premises.
The Client acknowledges and agrees that they shall be personally liable for full payment of the Price for the Works provided under this
Contract and to indemnify the Contractor against any claim made by the owner of the premises (howsoever arising) in relation to the
provision of the Works by the Contractor, except where such claim has arisen because of the negligence of the Contractor when undertaking
the Works. Furthermore, the Client agrees that they shall, upon request from the Contractor, provide evidence that:
(a) they are the owner of the land and premises upon which the Works are be undertaken; or
(b) where they are a tenant, that they have the consent of the owner for the Works to be carried out on the land and premises.
2.5 In the event that the Contractor is required to provide the Works urgently, that may require the Contractor’s staff to work outside normal
business hours (including but not limited to working, through lunch breaks, weekends and/or Public Holidays) then the Contractor reserves
the right to charge the Client additional labour costs (penalty rates will apply at time and a half normal rates), unless otherwise agreed
between the Contractor and the Client.
2.6 If the Contractor has been requested by the Client to diagnose a fault that requires investigation, disassembly and/or testing, all costs
involved will be charged to the Client irrespective of whether or not the repair goes ahead.
2.7 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the
Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Change in Control
3.1 The Client shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client
and/or any other change in the Client’s details. The Client shall be liable for any loss incurred by the Contractor as a result of the Client’s
failure to comply with this clause.
4. Price and Payment
4.1 At the Contractor’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Contractor to the Client in respect of Works performed or Materials supplied; or
(b) the Price as at the date of delivery of the Works according to the Contractor’s current price list; or
(c) the Contractor’s quoted Price (subject to clause 4.2 ) which shall be binding upon the Contractor provided that the Client shall accept the
Contractor’s quotation in writing within thirty (30) days.
4.2 The Contractor reserves the right to change the Price:
(a) if a variation to the Materials which are to be supplied is requested; or
(b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor
weather conditions, limitations to the Worksite access and/or crawl spaces, prerequisite work by a third party not being completed,
inaccurate measurements, plans or specifications supplied by the Client, hard rock or other barriers below the surface, iron reinforcing
rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or
(d) as a result of an increase in the Contractor’s costs due to changes in statutory, government, or local body charges, taxes, levies, etc.
with respect to the Works, increases to the Contractor in the cost of labour or Materials or due to relevant industry awards (e.g. Worksite
allowance and severance pay), which are outside the control of the Contractor.
4.3 Variations will be charged for on the basis of the Contractor’s quotation, and will be detailed in writing, and shown as variations on the
Contractor’s invoice. The Client shall be required to respond to any variation submitted by the Contractor within ten (10) days. Failure to do

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so will entitle the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their
completion.
4.4 At the Contractor’s sole discretion a non-refundable deposit may be required.
4.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by the Contractor,
which may be:
(a) on or before delivery of the Materials; or
(b) on completion of the Works; or
(c) by way of progress payments in accordance with the Contractor’s specified progress payment schedule. Such progress payment claims
may include the reasonable value of authorised variations and the value of any Materials delivered to the Worksite but not yet installed;
or
(d) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(e) the date specified on any invoice or other form as being the date for payment; or
(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Contractor.
4.6 Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as
agreed to between the Client and the Contractor.
4.7 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that the Contractor determines and
may do so at the time of receipt or at any time afterwards. On any default by the Client the Contractor may re-allocate any payments
previously received and allocated. In the absence of any payment allocation by the Contractor, payment will be deemed to be allocated in
such manner as preserves the maximum value of the Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the
Materials.
4.8 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the
Contractor nor to withhold payment of any invoice because part of that invoice is in dispute.
4.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Contractor an amount equal to
any GST the Contractor must pay for any supply by the Contractor under this or any other contract for the sale of the Materials. The Client
must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In
addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly
included in the Price.
5. Provision of the Works
5.1 Subject to clause 5.2 it is the Contractor’s responsibility to ensure that the Works start as soon as it is reasonably possible.
5.2 The Works’ commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that the
Contractor claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond the Contractor’s
control, including but not limited to any failure by the Client to:
(a) make a selection; or
(b) have the Worksite ready for the Works; or
(c) notify the Contractor that the Worksite is ready.
5.3 At the Contractor’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.
5.4 The Contractor may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the
provisions in these terms and conditions.
5.5 Any time specified by the Contractor for delivery of the Works is an estimate only and the Contractor will not be liable for any loss or damage
incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the
Works to be supplied at the time and place as was arranged between both parties. In the event that the Contractor is unable to supply the
Works as agreed solely due to any action or inaction of the Client, then the Contractor shall be entitled to charge a reasonable fee for re-
supplying the Works at a later time and date, and/or for storage of the Materials.
6. Risk
6.1 Risk of damage to or loss of the Materials passes to the Client on Delivery and the Client must insure the Materials on or before Delivery.
6.2 If any of the Materials are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Contractor is entitled to
receive all insurance proceeds payable for the Materials. The production of these terms and conditions by the Contractor is sufficient
evidence of the Contractor’s rights to receive the insurance proceeds without the need for any person dealing with the Contractor to make
further enquiries.
6.3 If the Client requests the Contractor to leave Materials outside the Contractor’s premises for collection or to deliver the Materials to an
unattended location, then such Materials shall be left at the Client’s sole risk.
6.4 Where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the
Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client. The Contractor shall have
public liability insurance of at least five million dollars ($5m). It is the Client’s responsibility to ensure that they are similarly insured.
6.5 The Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client
acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no
responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
6.6 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation thereof and that any
plumbing connections (including, but not limited to, pipes, couplings and valves) are of suitable capacity to handle the Materials once
installed. If for any reason (including the discovery of asbestos, defective or unsafe plumbing or latent or unfavourable soil conditions such
as liquefaction residue or risk) that the Contractor, or the Contractor’s employees, reasonably form the opinion that the Client’s premises is
not safe for the Works to proceed then the Contractor shall be entitled to delay the provision of the Works (in accordance with clause 5.2 )
until the Contractor is satisfied that it is safe for the installation to proceed.

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6.7 Any advice, recommendation, information, assistance or service provided by the Contractor in relation to the Materials or Works supplied is
given in good faith to the Client, or the Client’s agent and is based on the Contractor’s own knowledge and experience and shall be accepted
without liability on the part of the Contractor. Where such advice or recommendations are not acted upon then the Contractor shall require
the Client or their agent to authorise commencement of the Works in writing. The Contractor shall not be liable in any way whatsoever for
any damages or losses that occur after any subsequent commencement of the Works.
6.8 The Client acknowledges and accepts that:
(a) choked drains generally indicate pipelines are not fully efficient (i.e. breakages, cracks, negative fall or tree root entry); the drain line
cannot be repaired or rectified just by clearing it on its own. Once cleared, the Contractor cannot give any guarantee against
reoccurrence or further damage. In the event that the Client requests the Contractor to use drain/pipe unblocking equipment (including
but not limited to, CCTV camera or an electric eel), and the Contractor does not recommend the use of such equipment due to the risk of
the equipment becoming lodged or stuck, the Contractor may require the Client or their agent to authorise commencement of the Works
in writing. If the drain/pipe unblocking equipment subsequently becomes lodged or stuck, the Client shall be responsible for the cost of
repair, replacement and/or retrieval of said equipment;
(b) where the Contractor has performed temporary repairs that:
(i) the Contractor offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) the Contractor will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair required.
(c) the Contractor is only responsible for components that are replaced by the Contractor and does not at any stage accept any liability in
respect of previous goods and/or services supplied by any other third party that subsequently fail and found to be the source of the
failure;
(d) under no circumstances, will the Contractor handle removal of asbestos product. In the event asbestos (or other hazardous material) is
discovered on the Worksite:
(i) the Contractor shall suspend the Works;
(ii) the Client shall be fully responsible for the resolution of any resulting problems; and
(iii) any additional cost incurred by the Contractor shall be added to the Price under clause 4.2 .
(e) Materials supplied may:
(i) exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. The Contractor will make
every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever
where such variations occur;
(ii) expand, contract or distort as a result of exposure to heat, cold, weather;
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching.
6.9 The Contractor is not insured to remove furniture or fittings and will not do so, nor is the Contractor licensed to move electrical appliances.
7. Access
7.1 The Client shall ensure that the Contractor has clear and free access to the Worksite at all times to enable them to undertake the Works.
The Contractor shall not be liable for any loss or damage to the Worksite (including, without limitation, damage to pathways, driveways and
concreted or paved or grassed areas), unless due to the negligence of the Contractor.
7.2 Worksite Inductions
(a) in the event the Client requires an employee or sub-contractor of the Contractor to undertake a Worksite induction during working hours,
the Client will be liable to pay the hourly charges for that period. If any induction needs to be undertaken prior to the commencement
date then the Client shall be liable to pay the Contractor’s standard (and/or overtime, if applicable) hourly labour rate; or
(b) where the Contractor is in control of the Worksite, the Client and/or the Clients third party contractors must initially carry out the
Contractor’s Health & Safety induction course before access to the Worksite will be granted. Inspection of the Worksite during the course
of the Works will be by appointment only and unless otherwise agreed, in such an event the Client and/or third party acting on behalf of
the Client must at all times be accompanied by the Contractor.
8. Underground Locations
8.1 Prior to the Contractor commencing the Works the Client must advise the Contractor of the precise location of all underground services on
the Worksite and clearly mark the same. The underground mains and services the Client must identify include, but are not limited to,
electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes,
telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on the Worksite.
8.2 Whilst the Contractor will take all care to avoid damage to any underground services the Client agrees to indemnify the Contractor in respect
of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause
8.1
9. Compliance with Laws
9.1 The Client and the Contractor shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public
authorities that may be applicable to the Works, including any work health and safety (WHS) laws relating to building/construction sites and
any other relevant safety standards or legislation.
9.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Works.
9.3 Both parties acknowledge and agree:
(a) to comply with the National Construction Code of Australia (NCC) and the Building Products (Safety) Act 2017, in respect of all
workmanship and building products to be supplied during the course of the Works; and
(b) that Works will be provided in accordance with any current relevant Australian/New Zealand Standards applicable.

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9.4 Where the Client has supplied products for the Contractor to complete the Works, the Client acknowledges that it accepts responsibility for
the suitability of purpose and use for their products and the Intended Use and any faults inherent in those products. However, if in the
Contractor’s opinion, it is believed that the materials supplied are non-conforming products as per state regulations, then the Contractor shall
be entitled, without prejudice, to halt the Works until the appropriate conforming materials are sourced and all costs associated with such a
change to the plans will be invoiced in accordance with clause 4.2 .
9.5 Prior to commencement of any Works the Contractor shall carry a routine soundness test of the Worksite to ensure there are not any gas
leaks in the existing pipework. In the event of such a discovery the Contractor where necessary will have the gas supply capped-off until the
fault is found and repaired at the Client’s expense.
9.6 The Client acknowledges and accepts that in instances where the gas supply is turned off at the meter or bottles by the Contractor in order
to carry out the soundness test that parts within a gas appliance may fail due to not being turned off and serviced for a long period of time
including, thermocouples, blocked pilot tubes, and SIT valves on pilot assemblies. Any costs associated with such an event shall be borne
by the Client.
9.7 The Client warrants that any existing plumbing, gasfitting and/or associated services in or upon the Worksite that is subject to the Materials
and/or Works are in compliance with regulations. The Contractor reserves the right to halt all Works (in accordance with clause 5.2 ) if in
their opinion the Worksite is unsafe and/or the current positioning of the unit is illegal due to not meeting the required clearances then the
Client will be informed of this and will be given a revised quotation or estimate to install the new appliance in a safe and legal position.
Should the Client not wish to proceed the Contractor will charge a standard fee for the time spent on Worksite based on the Contractor’s
quotation.
10. Title
10.1 The Contractor and the Client agree that ownership of the Materials shall not pass until:
(a) the Client has paid the Contractor all amounts owing to the Contractor; and
(b) the Client has met all of its other obligations to the Contractor.
10.2 Receipt by the Contractor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been
honoured, cleared or recognised.
10.3 It is further agreed that until ownership of the Materials passes to the Client in accordance with clause 10.1 :
(a) the Client is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to the Contractor on
request;
(b) the Client holds the benefit of the Client’s insurance of the Materials on trust for the Contractor and must pay to the Contractor the
proceeds of any insurance in the event of the Materials being lost, damaged or destroyed;
(c) the production of these terms and conditions by the Contractor shall be sufficient evidence of the Contractor’s rights to receive the
insurance proceeds direct from the insurer without the need for any person dealing with the Contractor to make further enquiries;
(d) the Client must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for
market value. If the Client sells, disposes or parts with possession of the Materials then the Client must hold the proceeds of any such
act on trust for the Contractor and must pay or deliver the proceeds to the Contractor on demand;
(e) unless the Materials have become fixtures the Client irrevocably authorises the Contractor to enter any premises where the Contractor
believes the Materials are kept and recover possession of the Materials;
(f) the Contractor may recover possession of any Materials in transit whether or not delivery has occurred;
(g) the Contractor may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials
has not passed to the Client.
11. Personal Property Securities Act 2009 (“PPSA”)
11.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the
PPSA.
11.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a
security agreement for the purposes of the PPSA and creates a security interest in all Materials and/or collateral (account) – being a
monetary obligation of the Client to the Contractor for Works – that have previously been supplied and that will be supplied in the future by
the Contractor to the Client.
11.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in
all respects) which the Contractor may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities
Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii) ;
(b) indemnify, and upon demand reimburse, the Contractor for all expenses incurred in registering a financing statement or financing change
statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Contractor;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral
(account) in favour of a third party without the prior written consent of the Contractor;
(e) immediately advise the Contractor of any material change in its business practices of selling the Materials which would result in a change
in the nature of proceeds derived from such sales.
11.4 The Contractor and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these
terms and conditions.
11.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

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11.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
11.7 Unless otherwise agreed to in writing by the Contractor, the Client waives its right to receive a verification statement in accordance with
section 157 of the PPSA.
11.8 The Client shall unconditionally ratify any actions taken by the Contractor under clauses 11.3 to 11.5 .
11.9 Subject to any express provisions to the contrary (including those contained in this clause 11 ), nothing in these terms and conditions is
intended to have the effect of contracting out of any of the provisions of the PPSA.
12. Security and Charge
12.1 In consideration of the Contractor agreeing to supply the Materials, the Client charges all of its rights, title and interest (whether joint or
several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, and the Client grants a
security interest in all of its present and after-acquired property, to secure the performance by the Client of its obligations under these terms
and conditions (including, but not limited to, the payment of any money).
12.2 The Client indemnifies the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and
own client basis incurred in exercising the Contractor’s rights under this clause.
12.3 The Client irrevocably appoints the Contractor and each director of the Contractor as the Client’s true and lawful attorney/s to perform all
necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Client’s behalf.
13. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
13.1 The Client must inspect all Materials on delivery (or the Works on completion) and must within seven (7) days of delivery notify the
Contractor in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must
notify any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such
notification the Client must allow the Contractor to inspect the Materials or to review the Works provided.
13.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and
warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-
Excluded Guarantees).
13.3 The Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
13.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Contractor makes no
warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the
Materials/Works. The Contractor’s liability in respect of these warranties is limited to the fullest extent permitted by law.
13.5 If the Client is a consumer within the meaning of the CCA, the Contractor’s liability is limited to the extent permitted by section 64A of
Schedule 2.
13.6 If the Contractor is required to replace any Materials under this clause or the CCA, but is unable to do so, the Contractor may refund any
money the Client has paid for the Materials.
13.7 If the Contractor is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do
so, then the Contractor may refund any money the Client has paid for the Works but only to the extent that such refund shall take into
account the value of Works and Materials which have been provided to the Client which were not defective.
13.8 If the Client is not a consumer within the meaning of the CCA, the Contractor’s liability for any defect or damage in the Materials is:
(a) limited to the value of any express warranty or warranty card provided to the Client by the Contractor at the Contractor’s sole discretion;
(b) limited to any warranty to which the Contractor is entitled, if the Contractor did not manufacture the Materials;
(c) otherwise negated absolutely.
13.9 Subject to this clause 13 , returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 13.1 ; and
(b) the Contractor has agreed that the Materials are defective; and
(c) the Materials are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Materials are returned in as close a condition to that in which they were delivered as is possible.
13.10 Notwithstanding clauses 13.1 to 13.9 but subject to the CCA, the Contractor shall not be liable for any defect or damage which may be
caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Materials;
(b) the Client using the Materials for any purpose other than that for which they were designed;
(c) the Client continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent
operator or user;
(d) interference with the Works by the Client or any third party without the Contractor’s prior approval;
(e) the Client failing to follow any instructions or guidelines provided by the Contractor;
(f) fair wear and tear, any accident, or act of God.
13.11 In the case of second hand Material, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity
to inspect the second hand Materials prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is
given by the Contractor as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly
excluded. The Client acknowledges and agrees that the Contractor has agreed to provide the Client with the second hand Materials and
calculated the Price of the second hand Materials in reliance of this clause 13.11 .
13.12 Notwithstanding anything contained in this clause if the Contractor is required by a law to accept a return then the Contractor will only accept
a return on the conditions imposed by that law.
13.13 Subject to clause 13.1 , customised, or non-stocklist items or Materials made or ordered to the Client’s specifications are not acceptable for
credit or return.
14. Intellectual Property

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14.1 Where the Contractor has designed, drawn, written plans or a schedule of Works, or created any products for the Client, then the copyright
in all such designs, drawings, documents, plans, schedules and products shall remain vested in the Contractor, and shall only be used by
the Client at the Contractor’s discretion. Under no circumstances may such designs, drawings and documents be used without the express
written approval of the Contractor.
14.2 The Client warrants that all designs, specifications or instructions given to the Contractor will not cause the Contractor to infringe any patent,
registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Contractor against any action
taken by a third party against the Contractor in respect of any such infringement.
14.3 The Client agrees that the Contractor may (at no cost) use for the purposes of marketing or entry into any competition, any documents,
designs, drawings, plans or products which the Contractor has created for the Client.
15. Default and Consequences of Default
15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a
half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as
well as before any judgment.
15.2 If the Client owes the Contractor any money, the Client shall indemnify the Contractor from and against all costs and disbursements:
(a) incurred; and/or
(b) which would be incurred and/or
(c) for which by the Client would be liable;
in regard to legal costs on a solicitor and own client basis, internal administration fees, the Contractor’s contract fees owing for breach of
these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank
dishonour fees.
15.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client has made payment to the Contractor, and the
transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs
incurred by the Contractor under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention
to the Client’s obligations under this Contract.
15.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client
which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when
it falls due;
(b) the Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with
creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
16. Cancellation
16.1 Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those
relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Works to the Client. The
Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this
clause.
16.2 The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works
are commenced by giving written notice to the Client. On giving such notice the Contractor shall repay to the Client any sums paid in respect
of the Price, less any amounts owing by the Client to the Contractor for Works already performed. The Contractor shall not be liable for any
loss or damage whatsoever arising from such cancellation.
16.3 In the event that the Client cancels the delivery of Works the Client shall be liable for any and all loss incurred (whether direct or indirect) by
the Contractor as a direct result of the cancellation (including, but not limited to, any loss of profits).
16.4 Cancellation of orders for products made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once
production has commenced, or an order has been placed.
17. Privacy Policy
17.1 All emails, documents, images or other recorded information held or used by the Contractor is personal information, as defined and referred
to in clause 17.3 , and therefore considered confidential information. The Contractor acknowledges its obligation in relation to the handling,
use, disclosure and processing of personal information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being
Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic
Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy
Laws”). The Contractor acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s personal
information, held by the Contractor that may result in serious harm to the Client, the Contractor will notify the Client in accordance with the
Act and/or the GDPR. Any release of such personal information must be in accordance with the Act and the GDPR (where relevant) and
must be approved by the Client by written consent, unless subject to an operation of law.
17.2 Notwithstanding clause 17.1 , privacy limitations will extend to the Contractor in respect of cookies where the Client utilises the Contractor’s
website to make enquiries. The Contractor agrees to display reference to such cookies and/or similar tracking technologies, such as pixels
and web beacons (if applicable), such technology allows the collection of personal information such as the Client’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to the Contractor when the Contractor sends an email to the Client, so the Contractor may collect and review that
information (“collectively personal information”)

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If the Client consents to the Contractor’s use of cookies on the Contractor’s website and later wishes to withdraw that consent, the Client
may manage and control the Contractor’s privacy controls via the Client’s web browser, including removing cookies by deleting them from
the browser history when exiting the site.
17.3 The Client agrees for the Contractor to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g.
name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details
or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to
credit provided by the Contractor.
17.4 The Client agrees that the Contractor may exchange information about the Client with those credit providers and with related body
corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit
providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
17.5 The Client consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit.
17.6 The Client agrees that personal credit information provided may be used and retained by the Contractor for the following purposes (and for
other agreed purposes or required by):
(a) the provision of Works; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Works; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Works.
17.7 The Contractor may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.
17.8 The information given to the CRB may include:
(a) personal information as outlined in 17.3 above;
(b) name of the credit provider and that the Contractor is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account
and the amount requested);
(f) advice of consumer credit defaults (provided the Contractor is a member of an approved OAIC External Disputes Resolution Scheme),
overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice
for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue
accounts and the Contractor has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
(g) information that, in the opinion of the Contractor, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
17.9 The Client shall have the right to request (by e-mail) from the Contractor:
(a) a copy of the personal information about the Client retained by the Contractor and the right to request that the Contractor correct any
incorrect personal information; and
(b) that the Contractor does not disclose any personal information about the Client for the purpose of direct marketing.
17.10 The Contractor will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in
order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
17.11 The Client can make a privacy complaint by contacting the Contractor via e-mail. The Contractor will respond to that complaint within seven
(7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint.
In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at
www.oaic.gov.au.
18. Building and Construction Industry Security of Payments Act 1999
18.1 At the Contractor’s sole discretion, if there are any disputes or claims for unpaid Materials and/or Works then the provisions of the Building
and Construction Industry Security of Payments Act 1999 may apply.
18.2 Nothing in this Contract is intended to have the effect of contracting out of any applicable provisions of the Building and Construction
Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.
19. General
19.1 Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted
to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by
notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should
mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues.
19.2 Any written notice given under this Contract shall be delivered by handing the notice to the other party, in person, leaving it at the address of
the other party as stated in this Contract, or by sending it by registered post to the address of the other party as stated in this Contract.
19.3 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it
affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or
unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

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19.4 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which the
Contractor has its principal place of business, and are subject to the jurisdiction of the courts in that state.
19.5 Subject to clause 13 , the Contractor shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or
expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions (alternatively
the Contractor’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).
19.6 The Contractor may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
19.7 The Client cannot licence or assign without the written approval of the Contractor.
19.8 The Contractor may elect to subcontract out any part of the Works but shall not be relieved from any liability or obligation under this Contract
by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Contractor’s
sub-contractors without the authority of the Contractor.
19.9 The Client agrees that the Contractor may amend their general terms and conditions for subsequent future contracts with the Client by
disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such
changes, or otherwise at such time as the Client makes a further request for the Contractor to provide Works to the Client.
19.10 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national
or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo,
including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or
other event beyond the reasonable control of either party.
19.11 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do
so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.

20.Recommendation not performed

If ELITE PLUMBING AND GAS SOLUTIONS has made any recommendation for repair or replacement of any item, or suggested options which in its opinion would improve the performance or extend the life of the item or the contracted work, and those options are not chosen by the BUYER, the BUYER shall defend and hold ELITE PLUMBING AND GAS SOLUTIONS harmless for any loss, claims or damages incurred or alleged to have been incurred by the failure of the BUYER to accept any such option or recommendation.

21.Extermination

ELITE PLUMBING AND GAS SOLUTIONS has the right to cease work if, in the opinion of ELITE PLUMBING AND GAS SOLUTIONS, a severe rodent or pest problem exists on the SITE. Extermination of rodents or pests of any sort shall be the sole responsibility of the BUYER. ELITE PLUMBING AND GAS SOLUTIONS is under no obligation to re-commence work until, in its opinion, the rodent or pest problem is resolved.

22.Subcontractors

ELITE PLUMBING AND GAS SOLUTIONS reserves the right to hire subcontractors for any part of the contracted work, any extra work, or additional work agreed to. The BUYER consents for ELITE PLUMBING AND GAS SOLUTIONS to provide any information or documents provided by the BUYER to the ELITE PLUMBING AND GAS SOLUTIONS to any subcontractor hired by ELITE PLUMBING AND GAS SOLUTIONS for the carrying of out of the works under this agreement.

23.Existing plumbing

23.1 No warranty, express or implied, is provided by ELITE PLUMBING AND GAS SOLUTIONS for any existing plumbing fixtures, pipes, or systems. Furthermore, the BUYER understands that connections to existing plumbing are sometimes difficult due to the state of deterioration of existing pipes and/or the existing pipe’s location, and the BUYER agrees to pay any additional costs, arising due to the state of existing pipework, which is necessary to perform the QUOTE works.

23.2. The BUYER hereby acknowledges that aged and deteriorated plumbing fixtures, piping, and appurtenances may no longer be serviceable. In this case, the BUYER hereby agrees to hold ELITE PLUMBING AND GAS SOLUTIONS harmless from and defend ELITE PLUMBING AND GAS SOLUTIONS against any and all claims of liability for damages to those items or otherwise resulting from conventional repair efforts.

24.Rubbish

The removal of any and all rubbish/debris shall be the sole responsibility of the BUYER however, ELITE PLUMBING AND GAS SOLUTIONS shall leave the SITE in a neat, broom clean condition. All old parts will be removed from the SITE and discarded by ELITE PLUMBING AND GAS SOLUTIONS unless otherwise specified in the QUOTE. Payment is to be made no less than 90% of the QUOTES price prior to the SITE being cleared.

25.Limited warranty

25.1 The BUYER will be entitled to warranty for works completed as per the relevant application law in the state where the works have been carried out. This warranty does not cover faults caused by misuse, negligence, or damage caused by the BUYER, other persons or acts of God including, but not limited to, fire, storms, flood, and earthquake.

25.2. The BUYER may claim their warranty by making contact with ELITE PLUMBING AND GAS SOLUTIONS and requesting and filling out the Warranty Form. The work order will be processed as a priority and ELITE PLUMBING AND GAS SOLUTIONS will attend to the SITE as soon as possible. The initial service call will be charged to your credit card at the time of booking. If the issue is deemed to be a warranty, the charge will be refunded. If the issue is deemed non-warranty the initial charge will apply and an additional charge for parts and any additional labour will be due as per the provided QUOTE.

Our Metropolitan Service Charges (for non-warranty calls) are as follows:

$190.00 initial call out which covers up to 30 minutes travel and first 30 minutes of labour (exclusive of GST)

$75.00 for every 15 minutes thereafter. (Exclusive of GST)

Parts are an additional cost.

Works outside the metropolitan area will be subject to extra travel time charges. Please note, if the contractor deems that the problem is covered under warranty, then no charges will apply.

25.3. In circumstances that it is determined that an issue is not part of the warranty, ELITE PLUMBING AND GAS SOLUTIONS can only QUOTE to rectify or repair the issue, the BUYER must advise whether they accept the QUOTE.

25.4. The warranties for materials supplied by ELITE PLUMBING AND GAS SOLUTIONS shall be those warranties provided by the manufacturer or supplier of that item. ELITE PLUMBING AND GAS SOLUTIONS does not provide any warranties in addition to the manufacturer’s warranties. ELITE PLUMBING AND GAS SOLUTIONS shall leave such warranties at their respective manufacturer.

25.5. ELITE PLUMBING AND GAS SOLUTIONS shall not be responsible for the costs of reinstalling fixtures or materials warranted by manufacturers.

25.6. All warranties are void if payment is not made when due. Warranties extend only to the BUYER and are non-transferable, making it crucial to provide your legal name for Warranty purposes.

25.7. In the interest of minimising damages, the BUYER shall contact ELITE PLUMBING AND GAS SOLUTIONS in writing or via email, notifying them of any potential warranty claim. Failure on the part of the BUYER to inform ELITE PLUMBING AND GAS SOLUTIONS of any potential warranty claim within a reasonable amount of time shall void any and all warranties whether expressed and/ or implied provided by ELITE PLUMBING AND GAS SOLUTIONS. ELITE PLUMBING AND GAS SOLUTIONS will respond with reasonable promptness between the hours of 8.00am to 3.00pm Monday through Friday, excluding public holidays.

25.8. ELITE PLUMBING AND GAS SOLUTIONS shall not be liable for water or other damage relating to any defect or delay in responding to said warranty. The BUYER must take reasonable steps to mitigate damages, including, if necessary, calling their local fire department or the SES to turn off the water and/or pump out standing waters.

25.9. Notwithstanding the above, ELITE PLUMBING AND GAS SOLUTIONS will not attend the SITE to attend to any issues in respect of the warranty set out above until all outstanding payments have been made.

26.Limitation of liability

26.1. ELITE PLUMBING AND GAS SOLUTIONS liability to the BUYER or any third party is strictly limited to the cost of re-performing the works outlined in the QUOTE.

26.2. ELITE PLUMBING AND GAS SOLUTIONS shall not be liable for any consequential loss or damage, including but not limited to, loss of profits, incidental, special, exemplary, indirect or consequential damages resulting from or in connection with any work performed, or any damage or problem caused, regardless of if covered by this limited warranty. The BUYER’S right to repair or replacement are the BUYER’s exclusive responsibility

26.3. The warranties provided for herein shall commence upon the substantial completion of the contracted work, or if the work is done in phases, upon completion of any specific portion of the work, and not upon acceptance or inspection by any person or party. Nothing contained in this provision shall be construed to extend the term of any warranty provided herein.

26.4. ELITE PLUMBING AND GAS SOLUTIONS does not warrant any materials supplied by the BUYER.

26.5. There is no warranty on drain cleaning unless ELITE PLUMBING AND GAS SOLUTIONS expressly stated in the QUOTE. If there is a warranty provided and agreed by ELITE PLUMBING AND GAS SOLUTIONS, it would be the only one relevant to the QUOTE drain cleaning works.

27Unforeseen conditions

27.1. If in the discretion of the ELITE PLUMBING AND GAS SOLUTIONS conditions and/or circumstances are encountered at the SITE which are (1) concerning physical conditions, or (2) unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained, the BUYER agrees to accept responsibility for such conditions and those circumstances outside the control of ELITE PLUMBING AND GAS SOLUTIONS and further agrees to pay for any labour or materials, including repair to damaged equipment of ELITE PLUMBING AND GAS SOLUTIONS and other plumbing caused by such conditions and/or circumstances.

27.2. Unforeseen excavation

(a) Underground excavation entails the possibility of encountering unexpected subsoil conditions including, but not limited to, rock, clay, shale, sink holes etc. Reasonable efforts will be made by ELITE PLUMBING AND GAS SOLUTIONS to locate or predict such conditions, but no warranty is expressed or implied as to what will be discovered or encountered during underground excavation.

b) any adverse conditions which arise during excavation will require additional work which will be billed at time and materials above and in addition to the amount shown on the QUOTE. By entering into this agreement, the BUYER agrees to these potential additional charges which may include work by others where necessary in the opinion of ELITE PLUMBING AND GAS SOLUTIONS.

27.3. Unforeseen service lines and cables

(a) Digging entails the possibility of encountering unexpected service lines and cables running through the SITE. Reasonable efforts will be made by ELITE PLUMBING AND GAS SOLUTIONS to locate or predict such service lines and cables, but no warranty is expressed or implied as to what will be discovered or encountered during digging.

(b) the BUYER agrees to accept responsibility for any damage caused by ELITE PLUMBING AND GAS SOLUTIONS to such service lines or cables and further agrees to pay for any labour or materials required to rectify the damage.

27.4. Hot works:

(a) Hot works including but not limited to welding and grinding, entail the possibility of setting off fire alarms on the SITE. Reasonable efforts will be made by ELITE PLUMBING AND GAS SOLUTIONS to prevent this from occurring, although the BUYER takes responsibility for disabling the alarms and/or notifying the relevant fire authorities that hot works are being performed so as to prevent any call-out fees. The BUYER is responsible for any call-out fees incurred. It is the intent of this provision to make the BUYER responsible for all:

(i) unforeseen and concealed conditions; and

(ii) for that which ELITE PLUMBING AND GAS SOLUTIONS cannot control or anticipate. Accordingly, the BUYER further agrees to hold ELITE PLUMBING AND GAS SOLUTIONS harmless and shall indemnify and defend ELITE PLUMBING AND GAS SOLUTIONS and all its agents and employees from and against all claims, damages, losses and expenses including but not limited to legal fees, consequential damages, arising out of or as a result of the performance of ELITE PLUMBING AND GAS SOLUTIONS work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by ELITE PLUMBING AND GAS SOLUTIONS, except where the damages arise from ELITE PLUMBING AND GAS SOLUTIONS sole negligence.

(b) ELITE PLUMBING AND GAS SOLUTIONS has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the SITE or the BUYER’s property and has not conducted any such investigation. ELITE PLUMBING AND GAS SOLUTIONS does not perform asbestos or other hazardous material or substance removal and ELITE PLUMBING AND GAS SOLUTIONS shall have no responsibility whatsoever for any such removal. The BUYER expressly releases and shall hold the ELITE PLUMBING AND GAS SOLUTIONS harmless from any liability whatsoever and for all claims arising out of its presence, release, remediation, or removal and for any costs, losses or damages the BUYER may suffer or sustain if it is found to exist on the SITE or on the BUYER’S property

28Notice of defective work

28.1. Upon completion of the work, the BUYER agrees to exercise due diligence in inspecting the work for defective workmanship and materials. The BUYER agrees to notify ELITE PLUMBING AND GAS SOLUTIONS, within forty-eight (48) hours of completion of the work of all defects, if any.

28.2. The BUYER agrees that upon discovery of any allegedly defective work, the BUYER shall immediately contact ELITE PLUMBING AND GAS SOLUTIONS in writing. ELITE PLUMBING AND GAS SOLUTIONS, by right of the consumer law, will be given the first opportunity to repair the alleged defective work. Failure to provide ELITE PLUMBING AND GAS SOLUTIONS with the first opportunity to repair the alleged defective work shall void all warranties, express or implied hereunder and relieve ELITE PLUMBING AND GAS SOLUTIONS of any liability to the BUYER. The BUYER agrees and recognises that they shall not withhold any payments for allegedly defective works. ELITE PLUMBING AND GAS SOLUTIONS is not responsible for reimbursement of work performed by another COMPANY or individual.

28.3. In the event that the BUYER attempts to alter the work themselves or engages a third party to do any work that has an effect on the works performed by ELITE PLUMBING AND GAS SOLUTIONS, then any warranties in respect of the work performed by the COMPANY shall become void.

29.Services not covered

29.1. The description and scope of the work to be performed by the ELITE PLUMBING AND GAS SOLUTIONS is specified in the QUOTE.

29.2. ELITE PLUMBING AND GAS SOLUTIONS will not perform any other work or trade than that which is specified in the QUOTE or later agreed to in writing by the BUYER and ELITE PLUMBING AND GAS SOLUTIONS, even if such works are incidental or necessary for the completion of the contracted work, or necessary to restore the SITE after the contracted work is performed.

30.Scope of Agreement

30.1. These terms and conditions, including the QUOTE, represent the entire agreement between the BUYER and ELITE PLUMBING AND GAS SOLUTIONS, and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by a written offer by ELITE PLUMBING AND GAS SOLUTIONS and acceptance by the BUYER. This agreement binds jointly and severally all signing as BUYER, their heirs, successors and assigns.

30.2. ELITE PLUMBING AND GAS SOLUTIONS further states and the BUYER accepts that there may be other service providers who may perform the contracted work at a lower price. The BUYER understands that he/she has the option of seeking other QUOTES before entering into this agreement. ELITE PLUMBING AND GAS SOLUTIONS is under no obligation to alter its price on account of other QUOTES. ELITE PLUMBING AND GAS SOLUTIONS will not negotiate the price of this agreement after it has been accepted by the BUYER.

30.3. The BUYER acknowledges and agrees that ELITE PLUMBING AND GAS SOLUTIONS shall be entitled to be paid from the Stage 1 payment the following:

(a) The cost of any Goods and Services already completed by ELITE PLUMBING AND GAS SOLUTIONS including but not limited to any materials and items purchased or equipment hired by ELITE PLUMBING AND GAS SOLUTIONS forming part of the Goods and Services to be provided; and

(b) The cost of any administration time, disbursements, permits and planning expenses incurred by ELITE PLUMBING AND GAS SOLUTIONS prior to the date of cancellation.