1.1 Application of these Terms and Conditions The Customer agrees that prior to placing an order with the Contractor, the Customer has read and agreed to the terms and conditions as set out hereunder. For the purposes of this agreement, “the Contractor” is FIG Facility Services A.B.N. 62 311 867 798; “the Customer” is the applicant named on the account with the Contractor or where no account exists then on the quote and/or work authorisation provided by the Contractor to the Customer; and “Goods” means plumbing products and associated plumbing services.
2.1 The Contractor shall give the Customer a quote specifying: (a) the work required to be done in order to fulfill the Customer’s instructions; and (b) an estimate of the Contractor’s charge for the performance of such work.
2.2 Where the Contractor has given the Customer a quote: (a) the Contractor need not commence work until the quote has been accepted by the Customer; (b) the Customer shall accept the quote by instructing (in writing) the Contractor to commence the work by signing and returning a true copy of the quote and/or work authorisation accompanied by a purchase order number if required; (c) acceptance by the Customer of the quote will constitute acceptance by the Customer of these terms and conditions; and (d) quotes are valid for thirty (30) days only, unless an extension has been authorised by the Contractor.
2.3 Contractor May Revise Quote – The Contractor may amend the quote before the work has been completed to take into account any rise or fall in the cost of performing the work and the Contractor shall notify the Customer of such amendment as soon as practicable thereafter. Upon the Contractor giving the Customer notification of such amendment the amended quote shall be deemed to be the quote for the purposes of the terms and conditions.
2.4 Variations to Initial Quote – The Customer shall indemnify the Contractor from any additional cost incurred by the Contractor should the Customer increase the scope of the Goods to be provided by the Contractor.
2.5 Copyright – The copyright in all plans, sketches, design ideas and custom made solutions which appear in the Contractor’s quote shall be the property of the Contractor.
3.1 Time for Payment – The account Customer must, within seven (7) days of the Customer receiving the Contractor’s invoice, pay the Contractor the total amount set out in the invoice. The Contractor reserves the right to alter the time of payment at its discretion as per the quote or work authorisation.
3.2 Interest – The Contractor may charge interest at two per centum (2%) above the commercial lending rate of the Bendigo Bank calculated on a daily basis on amounts not paid within the time specified in clause 3.1 and 3.4.
3.3 Deposit – The Contractor may require a deposit from the Customer, and if a deposit is so requested by the Contractor the Customer acknowledges the Contractor is under no obligation to undertake any work as requested by the Customer, until the deposit is received by the Contractor in full and when all details pertaining to contract are finalised. In the event of default as to payment owing to the Contractor on the part of the Customer, the Contractor shall be entitled to forfeit the deposit and claim any profit or margin contemplated by or allowed for in the contract in addition to any remedy available to the Contractor at law or in equity.
3.4 Progress Payments – When agreed progress payments are not honoured by the Customer, the Contractor reserves the right to halt any further work until such time as the outstanding payment is forthcoming. In addition interest (as specified in 3.2) may be applied.
3.5 Damages – The Customer must pay to the Contractor any costs, expenses or losses incurred by the Contractor as a result of the Customer’s failure to pay to the Contractor all sums outstanding as owed by the Customer to the Contractor including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.
The risk in the Goods shall pass to the Customer upon delivery/installation of the Goods to the Customer or its agent or to a third party nominated by the Customer.
5.1 Title – Notwithstanding the delivery of the Goods or their installation, title in any particular Goods shall remain with the Contractor regardless of whether the Goods are on-sold by the Customer until the Customer has paid and discharged any and all monies owing pursuant to any invoice issued by the Contractor for the Goods, including all applicable GST and other taxes, levies and duties. Any payment made by or on behalf of the Customer which is later avoided by the application of any Statutory Provisions shall be deemed not to discharge the Contractor’s title in the Goods nor the Customer’s indebtedness to the Contractor and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.
5.2 Bailment – The Customer acknowledges that it is in possession of the Goods solely as Bailee until payment of all invoices for the Goods is made pursuant to clause 5.1 and until that time:
(a) the Customer is not entitled to sell the Goods;
(b) the Customer must not encumber or otherwise charge the Goods; and
(c) the Customer shall be fully responsible for any loss or damage to the Goods whatsoever and howsoever caused following delivery or installation of the Goods to the Customer.
5.3 Repossession – The Customer hereby irrevocably grants to the Contractor the right, at its sole discretion, to remove or repossess any Goods from the Customer and sell or dispose of them, and the Contractor shall not be liable to the Customer or any person claiming through the Customer and the Contractor shall be entitled to retain the proceeds of any Goods sold and apply same towards the Customer’s indebtedness to the Contractor.
If the Customer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreement, then the Contractor may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Customer on any account which has not been paid in accordance with the terms and conditions herein and commence proceedings to recover the balance of any monies owing the Contractor by the Customer.
6.1 The Warranty period for the Goods shall be twelve (12) months from the date of installation of the Goods or as specified on the quote. The warranty period cannot be extended for whatever reason.
6.2 Any warranty as to the Goods on the part of the Customer shall be limited to the written warranty provided by the manufacturer to the Customer on or before installation of the Goods.
6.3 The Contractor reserves the right to make null and void the warranty should the Goods be modified, altered, damaged or put to any undue stress other than in the way the Goods were designed to perform.
6.4 In respect of all claims the Contractor shall not be liable to compensate the Customer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Customer’s claim.