By instructing Swish to supply goods and services, You agree to be bound by these terms.

1.                   INTERPRETATION AND DEFINITIONS

1.1               In this Agreement, unless expressed or implied to the contract:

(a)             Agreement means the agreement between Swish and You for the provision of plumbing services.

(b)             Goods and Services means the goods and services being supplied by Swish.

(c)             Penalty Interest Rate means the interest rate imposed by the New South Wales Government at the relevant time.

(d)             Price means the price provided in the Quotation or as amended by Swish in accordance with this Agreement.

(e)             Quotation means the written document or verbal quote provided by Swish to You detailing the Work and Price.

(f)              Request for Services means your scope of works.

(g)             Site means the location for the Work.

(h)             Swish means Swish Plumbing Pty Ltd ABN 60 626 655 310 and includes any agents, contractors, subcontractors, directors and employees.

(i)               Website means Swish’s website (www.swishplumbing.com.au).

(j)               Work means the work agreed to be performed by Swish.

(k)             You means the customer.

1.2               Any variation or termination may only be made in accordance with this Agreement.

1.3               Any deposit will not be refundable except as provided in this Agreement.

1.4               Where the Client is a corporation or partnership, any director or partner who signs the Quotation agrees to be bound jointly and severally by this Agreement.

2.                   QUOTATION

2.1               You must provide sufficient information to enable Swish to provide an accurate Quotation.

2.2               Swish will not be liable for any additional cost arising from your inadequate or inaccurate information.

2.3               The Quotation may be amended once the Work commences and the actual extent or nature of the Goods and Services required becomes apparent.

2.4               Unless previously withdrawn, a Quotation issued by Swish is open for acceptance for fourteen (14) days.

3.                   YOUR OBLIGATIONS

3.1               You must ensure that Swish has clear, adequate and uninterrupted access to the Site.

3.2               Swish will not be liable for any loss or damage due to clear, adequate and uninterrupted access not being provided to Swish.

3.3               You acknowledge and agree that the Site will comply with all applicable occupational health and safety laws relating to building and construction sites.

3.4               You must obtain, at your own expense, all licences and approvals that may be required for the Work, unless specified by Swish.

3.5               If You are providing any good and services to be used by Swish, they must be available at the Site at least twenty-four (24) hours before Swish is required to commence the Work.

4.                   SWISH’S OBLIGATIONS

4.1               Swish will use reasonable endeavours to complete the Work in a timely manner. You release Swish from any claim, liability or damages that may arise is the Work is not completed by any agreed date.

4.2               Swish will perform all Work in a professional manner and in accordance with all occupational health and safety requirements, statutes, regulations and by laws of government and local and other public authorities.

4.3               Swish will take out and maintain all insurance it considers appropriate and that is require to be taken out by law.

5.                   PAYMENT AND SUPPLY OF GOODS AND SERVICES

5.1               You must pay Swish the Price including any variation in accordance with this Agreement.

5.2               The deposit is to be paid when this Agreement is made.

5.3               The balance of the Price, without deduction or set off, is to be paid on the earlier of completion of the Work or the date of the invoice. Failure to make payment in accordance with this clause will be deemed a material breach of this Agreement.

5.4               Swish may set off any amount owed to You against any debt You owe to Swish.

5.5               Despite clauses 5.2 and 5.3, any goods supplied by Swish to You must be paid for on receipt and such goods will remain the property of Swish until payment for the goods is received in full.

5.6               For all works which are not quoted, labour costs will be charged at fifteen (15) minute increments.

5.7               If any specialist equipment is required (for example Closed Circuit Television (CCTV) to be used in the sole discretion of Swish, additional charges will apply. If any equipment becomes lodged or damaged in your drain it will be removed and/or repaired at your expense (including materials, parts and labour) or monetary compensation to the total replacement of same or higher quality value and will be immediately payable to Swish by You.

5.8               Electronic Locating Services may be used by Swish. You acknowledge that electronic locating is not always accurate and will hold Swish harmless from any claim, loss or damage resulting from this procedure. You agree that any line located by Swish will be exposed by manual excavation and verified of its exact location before the Work is performed.

5.9               Additional fees and charges will apply when the Work is performed outside the hours of 7am to 4pm Monday to Friday.

5.10            Swish will take care when carrying out the Work to minimise any disturbance or damage to surrounding areas however any repair or restoration required after the supply of the Goods and Services will not be Swish’s liability and is to be carried out at your expense.

5.11            You accept that an invoice will not be itemised.

5.12            Payment must be made by one of Swish’s accepted methods of payment. If payment is not by cash, then payment will not be deemed to have occurred until the monies have cleared and are available for Swish’s use.

5.13            Any payments that are late will incur a late fee of 4.5% per annum above the Penalty Interest Rate calculated from the date that payment has not been made until payment is made in accordance with clause 5.12.

5.14            If an account is not paid within 14 days, Swish may in its sole discretion, terminate work under this Agreement. In the event of such termination, Swish will be entitled to be paid for all of its expenses incurred, including labour, materials, overheads and all profits it would have obtained had this Agreement been fully performed.

5.15            You agree to pay Swish all expenses (including legal costs and mercantile agent fees and commissions) incurred in collecting any outstanding debts.

5.16            The Price is on the assumption that all existing installations comply with law, regulations and relevant Australian Standards.

5.17            Rock excavation, shale excavation, trench shoring, tree or root removal, dewatering or supportive work (such as pier and beams for filled or made up ground), as well as any landscaping and concrete works will result in a variation to the Price unless expressly included in the Quotation.

5.18            You agree that leaks are a process of elimination and not always fixed on the first visit. Swish will not be liable for any existing leaks and will attempt to rectify any leaks within a reasonable time.

5.19            Once a Quotation has been accepted, You cannot cancel it without the express agreement of Swish. Where Swish has ordered materials from a third party, cancellation will only be possible if You agree to pay the cost of materials ordered by Swish.

6.                   REFUND POLICY

6.1               Swish does not have an obligation to provide a refund. If the goods are faulty, Swish will comply with the applicable laws.

6.2               You must check all goods delivered to the Site within twenty-four (24) hours of delivery and notify Swish of any damages or if any parts are missing. If Swish is not notified within this time period, Swish will not be liable for any replacement costs.

7.                   WARRANTY

7.1               Swish’s warranty will be valid for six (6) months on materials (unless otherwise stated) from the date of the invoice.

7.2               The  lifetime warranty will only be valid on the Work carried out by Swish.

7.3               All valve and similar parts (as well as any other items specified by Swish) that have been installed by Swish must be serviced every six (6) months by Swish. Failure to do so will void all warranties.

7.4               You must inspect the Work on completion and report any defects and/damage within forty-eight (48) hours in writing to Swish. Swish will have fourteen (14) days from receipt of the notice to remedy the Work.

7.5               For the avoidance of doubt, no warranty is given on blocked sewers, drainage or storm water including any future blockages where plant and/or tree root growth or drain cleaning has taken place.

7.6               If a Certificate of Compliance is required by You an additional fee of $150 plus GST is applicable.

8.                   INDEMNITY

You will indemnify and keep Swish indemnified against all actions, losses, liabilities, costs and expenses (including reasonable legal costs or expenses), claim or proceedings of any kind which may arise from services which are buried, unseen, disturbed and or damaged, arising directly or indirectly out of or in relation to damage to the Site or any of your property or the property of Swish left at the Site or for injury to any person at the Site or as the result of a breach of this Agreement by You. Swish will not be liable for any repair work in this regard and such repair work required will be paid at your expense.

9.                   DISPUTE RESOLUTION

9.1               If a dispute arises, then a party must send to the other party a written notice of dispute effectively identifying and providing details of the dispute.

9.2               Swish will respond to you within fourteen (14) days from receiving the dispute.

9.3               Within seven (7) days of receiving a response, the parties will confer at least once, to attempt to resolve the dispute.

9.4               If no resolution is reached, either party may refer the complaint to the Master Plumbers’ and Mechanical Services Association of Australia for complaint resolution assistance, including referral to mediation or arbitration. The request must be in writing and set out the details of the dispute.

9.5               Each party is to bear their own costs of any mediation or arbitration.

10.               GENERAL

10.1            You agree to Swish using your personal information for marketing purposes and You give Swish permission to send out future advertising material.

10.2            Neither party will 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.

10.3            Swish will not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour hire, machinery or materials outside the direct control of Swish.

10.4            Under no circumstances will the liability of Swish exceed the price of the Work.

10.5            If any clause or part of this Agreement is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement but the rest of the Agreement is not affected.

11.               GOVERNING LAW

This contract is governed by the Law of New South Wales.

12.               WHOLE AGREEMENT

This Agreement embodies the whole agreement between the parties.