A GAS BLOKE PLUMBING SERVICES — TERMS & CONDITIONS OF SERVICE



TERMS & CONDITIONS OF SERVICE

ACCEPTANCE OF TERMS

By requesting, booking, authorising or receiving services from A GAS BLOKE Plumbing Services, or by authorising work to proceed after being informed of the applicable charges or charging basis, the customer agrees to these Terms & Conditions of Service.

These Terms & Conditions apply unless alternative arrangements have been agreed in writing by A GAS BLOKE Plumbing Services before the relevant work proceeds.

Nothing in these Terms & Conditions excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

BUSINESS DETAILS

A GAS BLOKE Plumbing Services provides gas fitting, plumbing-related services, site works and related trade services across Maryborough, Hervey Bay, the Fraser Coast and surrounding areas.

Gas Work Licence: GWL-024429

Email: service@agasbloke.com.au

Phone: 0458 296 571

PAYMENT TERMS

Payment is due upon completion of the works and presentation of the tax invoice unless alternative payment arrangements have been approved by A GAS BLOKE Plumbing Services.

A GAS BLOKE Plumbing Services does not automatically provide credit facilities.

Any extension of time to pay is granted solely at the discretion of A GAS BLOKE Plumbing Services, applies only to the specific invoice for which it is approved, and does not create an ongoing entitlement to credit or otherwise vary these Terms & Conditions.

Alternative payment arrangements should be requested before work commences. Where unexpected circumstances arise, the customer should contact A GAS BLOKE Plumbing Services as soon as reasonably possible and before the account becomes overdue.

Partial payment does not constitute acceptance of a reduced amount in full and final settlement unless expressly agreed in writing by A GAS BLOKE Plumbing Services.

LATE PAYMENT

An account becomes overdue when payment has not been received by the due date stated on the invoice or by any alternative due date approved by A GAS BLOKE Plumbing Services.

Accounts remaining unpaid after the agreed due date may incur an overdue account charge of 15% of the outstanding balance plus GST, to the extent permitted by law.

Further overdue account charges of 15% of the then outstanding balance plus GST may be applied at seven (7) day intervals after the agreed due date until the account is paid in full, to the extent permitted by law.

The customer may also be liable for reasonable costs actually incurred in recovering an unpaid amount, including debt collection, legal and court costs, to the extent recoverable by law.

TITLE TO GOODS AND MATERIALS

All materials and goods supplied by A GAS BLOKE Plumbing Services remain the property of A GAS BLOKE Plumbing Services until payment is received in full, to the extent permitted by law.

The customer must not knowingly sell, dispose of or otherwise deal with unpaid goods or materials contrary to any lawful ownership interest retained by A GAS BLOKE Plumbing Services.

Nothing in this clause authorises A GAS BLOKE Plumbing Services to remove goods or materials where doing so would be unlawful or would interfere with rights that cannot lawfully be excluded.

PRICING AND CHARGEABLE SERVICES

Charges may include labour, attendance, travel, fault-finding, testing, inspections, materials, parts, fittings, equipment, compliance work, certification, administration and other services reasonably required to perform or progress the work requested by the customer.

Where reasonably practicable, A GAS BLOKE Plumbing Services will inform the customer of the applicable rates, charges or charging basis before the relevant service is provided.

The final cost of work may be affected by matters that cannot reasonably be determined until inspection, testing, diagnosis, dismantling or work has commenced. These may include concealed conditions, existing defects, access difficulties, safety or compliance requirements, additional customer instructions, and parts or materials subsequently found to be required.

Where additional chargeable work becomes reasonably necessary, A GAS BLOKE Plumbing Services will seek the customer's authority before proceeding where reasonably practicable, except where immediate action is reasonably necessary to address an urgent safety issue, comply with a legal or regulatory obligation, or prevent reasonably foreseeable injury or damage.

TRAVEL, ATTENDANCE & RELATED COSTS

A GAS BLOKE Plumbing Services charges for reasonable travel time, attendance and travel-related costs incurred in providing its services.

Chargeable travel may include travel to and from the customer's premises or worksite; travel between worksites; and travel to suppliers, wholesalers, manufacturers, disposal or recycling facilities, or other locations reasonably required to source, collect, exchange, return or dispose of materials, parts or equipment required for the customer's work.

Travel time forms part of the chargeable service and may be charged at the applicable travel or labour rate disclosed to the customer. Where applicable and disclosed, reasonable travel-related expenses such as vehicle or kilometre charges, tolls, parking and freight may also be charged.

Time reasonably required to source, order, collect, exchange or return materials, parts or equipment specifically required for the customer's work may also form part of the chargeable service.

Travel and attendance may be separately itemised on an invoice or included within an applicable service, attendance or labour charge.

Additional travel or attendance reasonably required as a result of customer instructions, restricted or unavailable site access, additional materials or parts being required, unforeseen site conditions, return visits, changes to the work requested by the customer, or other circumstances reasonably necessary to complete the requested work may also be chargeable.

The applicable basis for charging travel and attendance will be disclosed to the customer before the relevant service is provided, where reasonably practicable.

By booking an attendance, requesting services or authorising work to proceed after being informed of the applicable charging basis, the customer agrees to pay the reasonable travel, attendance and related charges applicable to those services.

ON-SITE INSPECTION AND NO PHONE DIAGNOSIS

Gas, plumbing, appliance, site works and safety-related issues generally require on-site inspection, testing and verification.

A GAS BLOKE Plumbing Services does not provide a final diagnosis, confirmed scope, compliance decision or guaranteed repair outcome solely by telephone, text message, email, photographs or information supplied before attendance.

Any diagnosis, anticipated scope, likely repair or general comment provided before attendance is preliminary only.

Gas systems and appliances may contain concealed defects, unsafe conditions or compliance issues that can only be identified through on-site inspection, testing, dismantling, operation or commissioning.

COMPLIANCE-DRIVEN WORK, INSPECTION FINDINGS & ADDITIONAL REQUIREMENTS

A GAS BLOKE Plumbing Services performs gas fitting and related services in accordance with applicable Queensland gas safety, licensing, regulatory and compliance requirements.

Gas work is inherently inspection and compliance driven. The full extent of the work required may not be known or reasonably capable of being determined until the gas system, appliance, pipework, regulator, installation or associated components have been inspected, accessed, tested, dismantled, operated or commissioned.

During inspection, testing, diagnosis or performance of the requested work, A GAS BLOKE Plumbing Services may identify previously unknown or concealed defects, gas leaks, unsafe conditions, incorrect installations, inadequate pipe sizing, unsuitable or defective regulators, defective appliances or components, deteriorated materials, incorrect operating pressures, non-compliant work or other matters requiring attention.

Where such matters are identified, additional work may be reasonably necessary to:

  • make the gas installation or appliance safe;
  • comply with applicable legislation, standards, regulatory or licensing requirements;
  • enable the work to be lawfully completed or certified;
  • address a defect or unsafe condition discovered during inspection or testing;
  • prevent a gas installation or appliance from being left in an unsafe condition; or
  • complete the customer's requested work to an appropriate, safe and compliant professional standard.

The identification of additional work during inspection, testing or diagnosis does not mean that the additional work formed part of the customer's original request or that the requirement for that work could reasonably have been identified before attendance or inspection.

Where reasonably practicable, A GAS BLOKE Plumbing Services will inform the customer of significant additional work identified and obtain authority before proceeding with that additional work.

Where an immediate safety issue is identified, A GAS BLOKE Plumbing Services may take reasonable action necessary to isolate, disconnect, decommission or otherwise make the relevant gas installation, appliance or component safe, where authorised or required by applicable law.

Where a defect, unsafe condition or non-compliance cannot be immediately rectified, A GAS BLOKE Plumbing Services may issue, lodge or provide any defect notice, warning, compliance documentation or other notification required by applicable law or regulatory requirements.

Labour, inspection, testing, fault-finding, travel, materials, parts, equipment, compliance work, certification and administration reasonably required as a result of conditions identified during inspection, testing or diagnosis may be chargeable in accordance with the applicable charging basis.

A customer's request for A GAS BLOKE Plumbing Services to attend, inspect, diagnose, repair, service, install, alter or reconnect a gas system or gas appliance does not guarantee that the work required will be limited to the fault, symptom or task initially described by the customer.

Any compliance certificate, notice or other statutory documentation issued by A GAS BLOKE Plumbing Services will be issued in accordance with the legal and regulatory requirements applicable to the work performed.

Nothing in this clause authorises A GAS BLOKE Plumbing Services to perform unnecessary work or removes any obligation imposed by the Australian Consumer Law or other applicable legislation.

ADDITIONAL AND CHANGED WORK

Work requested by the customer that is additional to the work originally requested may be charged separately.

Additional work may also become necessary because of inspection findings, concealed conditions, existing defects, compliance issues, unsafe conditions, additional customer requests, unavailable or unsuitable parts, access issues or other circumstances identified during the work.

Where reasonably practicable, the customer will be informed before additional chargeable work is undertaken.

Approval may be provided verbally, by text message, email, in writing or through another clear instruction from the customer authorising the additional work.

Additional labour, travel, testing, fault-finding, compliance work, materials, parts or equipment reasonably required to safely perform or progress authorised work may be chargeable in accordance with the applicable charging basis.

CANCELLATIONS, ACCESS ISSUES & ABORTIVE ATTENDANCES

Where a booking is cancelled, access is denied, required information has not been provided, the customer is unavailable, or site conditions prevent the scheduled work from proceeding, reasonable costs already incurred by A GAS BLOKE Plumbing Services may remain payable where the customer was informed of the applicable cancellation, call-out, travel or attendance charge.

Additional time, travel or return visits caused by access issues, customer delay, unsafe conditions, missing information or site restrictions may also be chargeable where applicable.

PROPERTY DAMAGE, ACCESS & EXISTING CONDITIONS

The customer must provide safe, reasonable and suitable access to the work area and should advise A GAS BLOKE Plumbing Services of known underground services, concealed pipework, electrical cables, irrigation, septic systems, fragile surfaces, restricted access areas, site hazards or other conditions that may affect the work.

A GAS BLOKE Plumbing Services will exercise reasonable care and skill when carrying out work.

The customer acknowledges that some work may necessarily involve excavation, access through existing structures, movement of equipment, removal of fittings, exposure of concealed services or work around aged, brittle, damaged, non-compliant or deteriorated materials.

Subject to rights that cannot lawfully be excluded, A GAS BLOKE Plumbing Services is not responsible for loss or damage caused by pre-existing conditions, concealed defects, materially incorrect or incomplete information supplied by the customer, unknown underground services or other circumstances that could not reasonably have been identified or avoided through the exercise of reasonable care and skill.

CUSTOMER-SUPPLIED MATERIALS, APPLIANCES & EQUIPMENT

Where the customer supplies appliances, parts, fittings, materials or equipment, the customer is responsible for ensuring that they are suitable, available, complete, undamaged and appropriate for their intended purpose.

A GAS BLOKE Plumbing Services may refuse to install, connect, repair or use customer-supplied items where there are reasonable grounds to consider them unsuitable, incomplete, unsafe, damaged, non-compliant, incorrectly specified, missing required components or inappropriate for the intended installation.

Subject to the Australian Consumer Law, A GAS BLOKE Plumbing Services is not responsible for faults inherent in customer-supplied goods or for additional costs reasonably arising from their incompatibility, incompleteness or unsuitability where those matters were not caused by A GAS BLOKE Plumbing Services.

EXISTING INSTALLATIONS & PRE-EXISTING FAULTS

A GAS BLOKE Plumbing Services is not responsible for pre-existing faults, non-compliant work, unsafe installations, defective previous workmanship, concealed damage, aged or deteriorated materials, appliance failures, existing leaks or other defects that existed independently of the services performed by A GAS BLOKE Plumbing Services.

Where pre-existing defects, unsafe conditions or compliance issues are identified, additional work may be required before the customer's requested work can safely or lawfully proceed.

SAFETY & COMPLIANCE

A GAS BLOKE Plumbing Services may suspend, delay, refuse or stop work where it reasonably considers that site conditions, appliances, materials, access, weather, customer conduct, existing installations or surrounding conditions create a safety risk, compliance issue or material risk to persons, property or the work being performed.

Reasonable time spent inspecting, identifying, testing, isolating, making safe, documenting or responding to safety or compliance issues may be chargeable in accordance with the applicable charging basis.

Nothing in this clause permits A GAS BLOKE Plumbing Services to avoid any statutory safety, licensing or compliance obligation.

WARRANTY, WORKMANSHIP & CONSUMER GUARANTEES

A GAS BLOKE Plumbing Services performs its services with due care and skill and in accordance with applicable legal and regulatory requirements.

Any voluntary warranty provided by A GAS BLOKE Plumbing Services does not cover faults or damage caused by misuse, customer interference, third-party work, unauthorised alteration, defects inherent in customer-supplied materials or equipment, pre-existing faults, concealed defects, inadequate maintenance, unrelated appliance failure or damage caused by others, except to the extent that A GAS BLOKE Plumbing Services is legally responsible for the relevant loss or failure.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

CALL-BACKS & FAULT REPORTING

Customers should report any alleged defect, fault or concern to A GAS BLOKE Plumbing Services as soon as reasonably practicable after becoming aware of it so that the matter can be assessed.

Where a call-back relates to the services performed by A GAS BLOKE Plumbing Services and a remedy is required under the Australian Consumer Law or another applicable law, the customer's statutory rights apply.

A call-back may be chargeable where investigation reasonably establishes that the issue resulted from an unrelated fault, customer misuse, customer or third-party interference, customer-supplied goods, a pre-existing condition or another matter for which A GAS BLOKE Plumbing Services is not responsible.

COMPLIANCE DOCUMENTATION, CERTIFICATES & REPORTS

Where compliance documentation, certificates, notices, reports or records are required by law or applicable to the work performed, A GAS BLOKE Plumbing Services will issue, provide or lodge the required documentation in accordance with applicable Queensland requirements.

Additional copies, administrative handling, report preparation, non-standard documentation requests or reissue requests may be chargeable where permitted by law.

Nothing in these Terms allows A GAS BLOKE Plumbing Services to avoid, delay or condition any legal obligation to issue, lodge or provide required compliance documentation.

LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, A GAS BLOKE Plumbing Services will not be liable for loss or damage to the extent caused by pre-existing conditions, concealed defects, acts or omissions of the customer or third parties, materially incorrect information supplied by the customer, or circumstances outside the reasonable control of A GAS BLOKE Plumbing Services.

Where liability may lawfully be limited, any limitation operates only to the extent permitted by applicable law.

DISPUTES & INVOICE QUERIES

Customers should raise any dispute or query concerning an invoice, charge, scope of work or service outcome in writing as soon as reasonably practicable, preferably within seven (7) days of the invoice date or completion of the relevant work.

The customer should identify the disputed item and explain the basis of the dispute.

Raising a genuine dispute does not affect the customer's obligation to pay any amount that is not disputed by its applicable due date.

Nothing in this clause limits any statutory right or remedy available to the customer.

DEBT RECOVERY

Where an account remains unpaid after its applicable due date, A GAS BLOKE Plumbing Services may take reasonable and lawful steps to recover the outstanding amount, including issuing reminders, sending a letter of demand, referring the matter to a debt collection service, obtaining legal advice or commencing appropriate recovery proceedings.

The customer may be liable for reasonable recovery costs to the extent those costs are lawfully recoverable.

GOVERNING LAW

These Terms & Conditions are governed by the laws of Queensland, Australia.

The parties submit to the jurisdiction of courts and tribunals having jurisdiction in Queensland, subject to any law providing otherwise.

CHANGES TO TERMS

A GAS BLOKE Plumbing Services may update these Terms & Conditions from time to time.

Changes apply to services booked or requested after the updated Terms & Conditions take effect and do not retrospectively alter an existing agreement unless agreed by the parties or otherwise permitted by law.

The version made available to the customer at the time the relevant services are booked or requested will ordinarily apply to those services.

ENTIRE AGREEMENT

These Terms & Conditions, together with the applicable booking confirmation, customer instructions, invoice, written scope of work and any other written agreement between the parties concerning the relevant services, form the agreement between the parties.

Nothing in this clause excludes liability for representations or obligations that cannot lawfully be excluded.


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