FRESH PLUMBING LIMITED TERMS AND CONDITIONS OF TRADE 2023

The following constitute the terms and conditions of business between us, the Supplier of goods and services, and you, the Client.

Price:
Where a quote or estimate has been given for work to be performed, that quote, or estimate remains valid for 14 days. Your acceptance of our quote or estimate must be confirmed in writing prior to commencement of work. We may withdraw that quote or estimate at any time before acceptance. The quote or estimate is based on costs and charges ruling at the date of issue. Any changes in costs arising from sources beyond our control (for example, changes in prices by suppliers to us, or in government charges) shall be to your account.

The following rates shall apply where work is to be charged based on time and materials and/or associated costs (charge-up basis) and for the purpose of calculating any variation to quoted or estimated work. Travel to site is chargeable in the time attributed to the Labour.

Supplied Plumbers Labour $95.00 plus GST per hour
Supplied Gasfitters Labour $110.00 plus GST per hour
Supplied Apprentice $70.00 plus GST per hour
Vehicle charge $40.00 plus GST

Call Outs:
Monday to Friday | 7:30am – 5:00pm: $180 plus GST – includes travel, does not include any labour charges. The rates above apply.
Outside of business hours & weekends | $300 plus GST per hour – Includes travel to site, the first hour of labour and the vehicle charge cost. $47.50 plus GST per 15mins after the first hour.

Deposit:
Up to a 50% deposit may be required for all jobs over $1,000.00 unless another contract is agreed on.

Payment:
Payment of the claimed amount is due and payable by you 7 working days after receipt of our invoice. Where work is undertaken over a period exceeding one month, invoices may be issued for progress payments covering work done and costs incurred up to the date of the invoice. If you disagree for any reason with the claimed amount, you will respond to us in writing before the payment is due. Overdue payments shall attract interest at an annual rate of 10% calculated daily, and any expenses incurred by us in recovering this debt shall be added to your account.

Discounts:
All and any discounts applied to your account are applied at our discretion. Any discounts may be revoked, and the full amount charged to your account, if an invoice remains unpaid for more than 20 days beyond the invoice due date.

Disputes:
If any dispute/s or difference arises, in connection with work done or payments claimed by us, or any other matter pertaining to business between us and you, we or you shall refer the dispute to adjudication in terms of Part 3 of the Construction Contracts Act 2003 (CCA).

Ownership:
Any goods and materials supplied by us shall remain our property until paid for in full and while any money is due to us. If any money remains unpaid or you are in breach of any obligation to us, we or our agents are authorised by you to enter your premises to recover and resell any or all of these goods and materials. We may require you to facilitate registration of a Financing Statement under the Personal Property Securities Act 1999 to give us a Perfected Security in any goods supplied.

Risk:
All goods and materials are at your risk whilst on your premises or premises under your control. Any loss arising from theft, destruction or damage from whatever cause shall be borne to you.

Installation:
You shall give us access to the site and provide proper facilities for carrying out the work including use of any existing goods or passenger lifts, cranes, hoists, builder’s scaffolding and electricity. Unless specified otherwise, the contract does not include any structural or other alteration to any part of the building. Access and facilities shall be provided within a reasonable time after acceptance of this contract or at a date notified by you and agreed on by us in writing. You shall inform us of any hazards in the workplace to which we may be exposed in working at your premises.

Time to completion:
We will complete the work within a reasonable time and will endeavour to meet any target date you make known to us. Should it be necessary to work outside ordinary working hours to meet your completion target or due to any other circumstances outside our control, you shall be liable for any extra cost incurred.

Consents:
You are responsible for obtaining any consent or other authority necessary for the work and will provide that to us on request. Where a building consent is required and you have failed to obtain it, we may lodge a building consent application as your agent and at your expense.

Subcontractors:
The Contractor may subcontract the whole or any portion of the Work. The Contractor will be responsible for all work of its subcontractors and for ensuring that subcontractors have appropriate insurance in place.

Warranty:
We guarantee that we will remedy any defective workmanship and replace any faulty material that is reported to us in writing within 90 days of completion of the contract. This performance guarantee does not extend to any goods or materials supplied by you. (If you would like us to deal with the manufacturer/supplier for a product you supplied, then this would incur a cost.) In the case of work covered by the Consumer Guarantee Act 1993, this warranty is in addition to any rights you may have under the Act.

Strikes, etc:
We are not liable for any delay or damage caused directly or indirectly by weather conditions, labour disputes, strikes, accidents, fire, failure of manufacturers to deliver and any other event beyond our reasonable control.

Sundries:
There is a flat fee of $20.00 per job – this covers items like screws, nails, glues, hemp, etc

Variations:
Once your quote or estimate has been accepted, no variation to the scope of work or to these terms and conditions shall be valid unless agreed in writing/email.

Equipment:

Plans and specifications:
We shall be entitled to rely on the accuracy of and shall not be obliged to check any plans, specifications and other information supplied by you. We shall bear no responsibility for any goods supplied in compliance with those plans and specifications.

Privacy Act:
You authorise us to use information collected from you and to collect information from third parties for purposes relating to performance under this contract.

Estimates:
Fresh Plumbing Limited provides free estimates. An estimate supplied is not a fixed price. When we provide an estimate, we are only providing an approximate indication of expected costs and it may vary either way by up to 10-15% of the original estimated price.

Investigation work:
If Fresh Plumbing Limited spends time investigating an issue to determine the cause or location of a problem, then the time spent investigating will be charged out irrespective if any further work is done or not. For example, if a quote or estimate to repair a leak is requested, but the cause or location of the leak is not obvious and time is spent identifying the location of the leak, that time is chargeable.

Quotes:
Fresh Plumbing Limited provides free quotes. A quote is a fixed price and is provided when you know exactly what you want done. We would generally like a plan and/or specifications of the proposed job outlined. Any variations once accepted would be extra to the quote.

Collecting Materials:
If our tradesmen have to collect parts, equipment and/or materials from a merchant, our lockup or supplier prior to attending your property, or have to leave your property to collect parts, equipment and/or materials for your job, then the time spent travelling to, from and at the merchant, lockup or supplier is chargeable to you as part of the job.

Health and Safety:
Health and Safety is paramount with regards to our staff, our clients, and the general public. Two tradesmen may be required for some work, such as roofing to ensure the health and safety of all concerned. We reserve the right for our tradesmen to reject or defer a job if they deem conditions to be unsafe. For example, high winds or rain when working on a roof is deemed to be unsafe. There are also legal health and safety requirements for working on a roof, and the costs associated will be charged to the job (i.e., scaffolding may be a requirement).

Roof Leaks:
In attempting to repair a roof leak/leaks our tradesmen will adopt a process of repairing the most obvious faults first and it may then require monitoring to see if the issue has been resolved. As it is a process of elimination, the next obvious fault will be addressed until we locate and repair the leak/leaks. All this work is chargeable. It is due to the nature of roof leaks and the fact that water can ‘track’ before exposing itself that it is a process of elimination and not always obvious. The only way we can guarantee a roof is leak free is if we installed the complete roof new to the property.

Asbestos Exclusion:
If you, as our client, are aware of the presence of any asbestos material in any part of any building on the property, where we are undertaking work on your behalf, then we require you to disclose that to us at the time of engaging us to carry out our work on the property. Fresh Plumbing Limited will then make an appropriate risk assessment around the likelihood of any such material being disturbed and the risks associated with that occurring together with any steps required under our Health and Safety procedures to minimise that risk if we agree to provide services in these circumstances and any extra costs that will be incurred in order to minimise that risk. Fresh Plumbing Limited reserves the right to refuse to carry out work on a property containing asbestos material. Where the presence of asbestos has not been disclosed and then becomes apparent during the work being undertaken by us, Fresh Plumbing Limited takes no responsibility for any consequences of drilling into or uncovering or disturbing the asbestos material and reserves the right to stop work until the issue is dealt with and to amend our price / estimate to take into account the additional risks and attendances required to deal with the presence of asbestos. The Client is responsible for all costs associated with any removal of Asbestos, and repairs.

Gas Servicing/Repair:
Our Gasfitter will service the appliance, conduct a safety check to ensure it is safe for you to use. We recommend this be done on an annual basis for all gas appliances onsite. The preventative maintenance of an annual service of the gas appliance can sometimes avoid a situation where you may be without your gas appliance and ensure its longevity. Gas servicing does not include fault finding or replacement of parts. Identifying faults in a gas appliance is a process of elimination and can take time to identify due to some faults being of an intermittent nature. PLEASE NOTE: In our experience we have found that any failed part(s) is (are) not always the root cause of the problem and that there may be another malfunctioning component inside the appliance that has caused this part to fail. We cannot test for this until we replace the part in question. Refer to “Investigation work” and will be subject to further labour and material charges.

Apprentices:
Fresh Plumbing Limited is a strong advocate for training apprentices and as such apprentices will at times accompany a tradesman to a job. If, in assisting a tradesman, an apprentice reduces the amount of work/time that a tradesman takes to complete the job, then the apprentice will be charged on the job.

Cancellation:
If you need to cancel (or rearrange) your booking, you must notify us as soon as possible (preferably by telephone) but at a minimum, by the end of the working day before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us. If a cancellation is related to an accepted quote or estimate, there may be charges incurred, restocking fees, as well as the cost of any time and materials incurred by us etc. If you cancel your instructions more immediately prior to work being carried out, or materials being supplied, you may be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, in accordance with the original instructions.