Terms & Conditions of Trade

Any and all works carried out by Angus Eeles Pty. Ltd. either quoted or otherwise shall be subject to these Terms and Conditions in full. It is the sole responsibility of the client / customer to read the Terms and Conditions carefully and pursue legal advice if required before engaging Angus Eeles.

1.0    Definitions

1.1    “Angus Eeles” shall mean Angus Eeles Pty. Ltd., or any agents, contractors and employees hereof.
1.2    “Client” shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from Angus Eeles.

 

2.0    Payments

2.1    The client agrees to make progress payments as requested. Failure to do so will cancel all further works until such time, progress payments are paid. The client agrees to pay the full invoice amount on the completion of works.

2.2    Bank transfers, credit card, cheques & cash accepted.  I credit card payment selected permission is given to Angus Eeles to carry out transactions over the phone.  This applies to deposit or progress payments.

2.3    A credit card transaction fee of 1.5% applies to all credit card payments.

2.4    Any payments which fall overdue shall incur a non-negotiable late fee of 10% with interest accruing monthly at 15% pa until paid in full.

2.5    All quoted works are subject to variations as required & are at the discretion of Angus Eeles in order to carry out & complete works to Australian & Safety Standards. All variations will incur further fees & charges in addition to the original quoted amount.

2.7    I accept that all invoices shall be provided in categories of service & GST only. Itemised accounts will not be issued.

 

3.0    Goods

3.1    All goods shall remain the property of Angus Eeles until such time payment is received in full.

 

4.0    Cancellation Policy

4.1    Angus Eeles may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours written advice. Angus Eeles shall not be liable for any loss or damage what-so-ever arising from such cancellation.

4.2    The client must provide Angus Eeles with at least 24hrs of any cancellation of works. Failure to do so will incur a minimum charge of $110 including GST

4.3    Placing a deposit with Angus Eeles secures and confirms your job.

 

5.0    Warranty

5.1    Warranty as per manufacturer.

5.1    Any additional site visits required for warranty calls will be charged if no fault is evident/found or issue relates to work not conducted by Angus Eeles.

5.2    All valve & valve type parts as well as any specified items installed by Angus Eeles must be serviced annually by Angus Eeles. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.

5.3    The Client shall inspect the goods & works on completion & must report any defects to parts or installation works within 48 hours in writing to Angus Eeles of any alleged defects, shortage in quantity or damage. The client shall afford Angus Eeles an opportunity to inspect the alleged damage and give Angus Eeles the opportunity to make good to Australian & reasonable standards within 14 working days.

6.0    Intellectual Property

6.1    Where Angus Eeles have designed or drawn Goods for the Client, then the copyright in those designs & drawings shall remain vested in Angus Eeles & shall only be used by the Client at Angus Eeles discretion & with written consent to do so.


7.0    Clients Disclaimer

7.1    The client 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 him/her by any technician or agent of Angus Eeles, the Client acknowledges that he/she buys the services of Angus Eeles relying solely upon his/her own skill & judgment & that Angus Eeles 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 Client & shall not be transferable to any subsequent Client.


8.0    Underground Services

8.1    The Client will indemnify Angus Eeles & keep Angus Eeles Plumbing indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged. Angus Eeles will not be liable for any repair work & any repair work required will be paid at the Clients expense. Such liability, loss, claims or proceedings includes but is not limited to a) Damage to the property, real or personal; b) Death or personal injury; & c) Consequential or economic loss of any kind.

 

9.0    Dispute Resolution

9.1    If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying & providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.

9.2    At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration.

9.3    Any arbitration shall be:

         9.3(a) Referred to The Consumer Trader & Tenancy Tribunal (CTTT).

 

10.0  Compliance with Laws?

10.1 The Client & the Contractor shall comply with the provisions of all statutes, regulations & bylaws of government, local & other public authorities that may be applicable to the works.

10.2 The Client shall obtain (at the expense of the Client) all licenses & approvals that may be required for the works? (Councils or other governing agents).

10.3 The Client agrees that the site will comply with any occupational health & safety laws relating to building/construction sites & any other relevant safety standards or legislation.

 

11.0 General

11.1 The client agrees to Angus Eeles using their personal information for marketing purposes & gives Eeles permission to send out future advertising material

11.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

11.3 Angus Eeles does not accept any responsibility for damage to property during works being carrying out or by any subsequent plumbing failure arising from the scope of works conducted by Angus Eeles.

11.4 Angus Eeles shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour, machinery or materials outside the direct control of Angus Eeles.

11.5 In the event of any breach of this contract by Angus Eeles the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Angus Eeles exceed the Price of the Goods.

13.6 Angus Eeles reserves the right to review & make changes to these terms & conditions at any time