Freeflow WA Pty Ltd ATF Vermaak Family Trust T/A West Leederville Plumbing
1.1 "WLP" means Freeflow WA Pty Ltd ATF Vermaak Family Trust T/A West Leederville Plumbing, its successors and assigns or any person acting on behalf of and with the authority of Freeflow WA Pty Ltd ATF Vermaak Family Trust T/A West Leederville Plumbing.
1.2 "Client" means the person/s ordering the Works as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
1.3 "Works" means all Works (including consultation, manufacturing and/or installation services) or Materials supplied by WLP to the Client at the Client's request from time to time.
1.4 "Price" means the Price payable (plus any GST where applicable) for the Works as agreed between WLP and the Client in accordance with clause 5 below.
1.5 "GST" means Goods and Services Tax (GST) as defined within the "A New Tax System (Goods and Services Tax) Act 1999" Cth.
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 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and WLP.
3.1 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 2003 or any other applicable provisions of that Act or any Regulations referred to in that Act.
4.1 The Client shall give WLP 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 WLP as a result of the Client's failure to comply with this clause.
5.1 At WLP's sole discretion the Price shall be either as indicated on invoices provided by WLP or WLP's quoted Price which shall be binding upon WLP provided that the Client shall accept WLP's quotation in writing within thirty (30) days.
5.2 WLP reserves the right to change the Price if a variation to the Materials or Works is requested, or where additional Works are required due to the discovery of hidden or unidentifiable difficulties, or in the event of increases in the cost of labour or materials beyond WLP's control.
5.3 Variations will be charged for on the basis of WLP's quotation, and will be detailed in writing, and shown as variations on WLP's invoice.
5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by WLP, which may be on completion of the Works, the date specified on any invoice, or failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by WLP.
5.6 Payment may be made by cash, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and WLP.
5.7 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 WLP.
6.1 Subject to clause 6.2 it is WLP's responsibility to ensure that the Works start as soon as it is reasonably possible.
6.2 The Works commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that WLP claims an extension of time where completion is delayed by an event beyond WLP's control.
7.1 All risk for the Materials shall immediately pass to the Client on delivery. Where WLP is to both supply and install Materials then WLP shall maintain a contract works insurance policy until the Works are completed.
7.7 The Client acknowledges that the presence of plant or tree root growth and/or other blockages may indicate damaged pipe work and therefore where WLP is requested to merely clear such blockages, WLP can offer no guarantee against reoccurrence or further damage.
8.1 WLP shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. WLP accepts no responsibility for any loss, damages, or costs resulting from inaccurate plans, specifications or other information.
9.1 The Client shall ensure that WLP has clear and free access to the work site at all times to enable them to undertake the Works.
10.1 Prior to WLP commencing any work the Client must advise WLP of the precise location of all underground services on the site and clearly mark the same.
11.1 The Client and WLP 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.
12.1 WLP and the Client agree that ownership of the Materials shall not pass until the Client has paid WLP all amounts owing to WLP and the Client has met all of its other obligations to WLP.
13.1 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.
14.1 In consideration of WLP agreeing to supply the Materials, the Client charges all of its rights, title and interest in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions.
15.1 The Client must inspect all Materials on delivery and must within seven (7) days of delivery notify WLP in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote.
15.3 WLP acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees under applicable State, Territory and Commonwealth Law.
16.1 Where WLP has designed, drawn or created any products for the Client, then the copyright in all such designs, drawings and documents shall remain vested in WLP, and shall only be used by the Client at WLP's discretion.
17.1 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.
17.2 If the Client owes WLP any money the Client shall indemnify WLP from and against all costs and disbursements incurred by WLP in recovering the debt including legal costs.
18.1 If at any time the Client is in breach of any obligation under these terms and conditions WLP may suspend or terminate the supply of Works to the Client.
19.1 If a dispute arises between the parties, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.
20.1 The Client agrees for WLP to obtain from a credit reporting body (CRB) a credit report containing personal credit information about the Client in relation to credit provided by WLP.
21.1 Any written notice given under this contract shall be deemed to have been given and received by handing the notice to the other party in person, by leaving it at the address of the other party, by sending it by registered post, or if sent by email to the other party's last known email address.
22.1 At WLP's sole discretion, if there are any disputes or claims for unpaid Materials and/or Works then the provisions of the Construction Contracts Act 2004 may apply.
23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia, the state in which WLP has its principal place of business, and are subject to the jurisdiction of the courts in Western Australia.
23.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
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