CONVENIENT PLUMBING SERVICES - Terms & Conditions of Trade 

1.Definitions

1.1“CPS” means ‘"CONVENIENT PLUMBING SERVICES" (ABN: 90

773 580 356) by its successors assigns or any person acting on behalf of:

Convenient Plumbing Services and with the authority.

1.2“Client” means the person/s buying the ‘ Goods’ or ‘Services’ 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 ‘Goods’, ‘Materials’ and/or ‘Services’, supplied by CPS to

the Client at the Client’s request from time to time (where the context so

permits the terms ‘Goods’, ‘Materials’ or ‘Services’, shall be interchangeable

for each other).

1.4“Price” means the Price payable for the ‘Works’. ‘Goods’. ‘Materials’ or

‘Services’ as agreed between CPS and the

9.Client’s Disclaimer

9.1The Client hereby disclaims any right to rescind, or cancel the contract or to

sue for damages or to claim restitution arising out of any inadvertent

misrepresentation made to the Client by CPS and the Client acknowledges that

the Goods are bought relying solely upon the Client’s skill and judgment.

9.2Where CPS provides advice to the Client, such advice is given in good faith

only. The Client acknowledges that CPS shall not be liable for any claims

howsoever arising out of any advice given.

10.Insurance

10.1CPS shall have public liability insurance of at least $5m. It is the Client’s

responsibility to ensure they are similarly insured.

11.Retention of Title to Goods terms and conditions (Non-Excluded

Guarantees).

14.4CPS acknowledges that nothing in these terms and conditions purports to

modify or exclude the Non-Excluded Guarantees.

14.5Except as expressly set out in these terms and conditions in respect of the

Non-Excluded Guarantees, CPS makes no Warranties or other representations

under these terms and conditions including but not limited to the quality or

suitability of the Goods. CPS liability in respect of these warranties is limited to

the fullest extent permitted by law.

14.6If the Client is a consumer within the meaning of the CCA, CPS liability is

limited to the extent permitted by section 64A of Schedule 2.

14.7If CPS is required to replace the Goods under this clause or the

b)analysing, verifying and/or checking the Client’s credit, payment and/or

status in relation to the provision of Works; and/or

c)processing of any payment instructions, direct debit facilities and/or credit

facilities requested by the Client; and/or

d)enabling the collection of amounts outstanding in relation to the Works.

18.5 CPS may give information about the Client to a CRB for the following

purposes:

a)to obtain a consumer credit report;

b)allow the CRB to create or maintain a credit information file about the Client including credit Client in accordance with clause 4

2.Acceptance

2.1The Client is taken to have exclusively accepted and is immediately bound,

jointly and severally, by these terms and conditions when the Client places an

order for or accepts delivery of the Goods.

2.2These terms and conditions may only be amended with CPS consent in

writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and CPS.

3.Change in Control

3.1The Client shall give CPS 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 (including but not limited to, changes in the

Client’s name, address, contact phone or fax number/s, or business practice).

The Client shall be liable for any loss incurred by CPS as a result of the Client’s

failure to comply with this clause.

4.Price and Payment

4.1At CPS sole discretion the Price shall be either:

a)as indicated on any invoice provided by CPS to the Client; or

b)the Price as at the date of delivery of the Goods according to CPS current

price list; or

c)CPS quoted price (subject to clause 5.2) which will be valid for the period

stated in the quotation or otherwise for a period of thirty

(30) days.

4.2CPS reserves the right to change the Price if a variation to CPS’s quotation is

requested. Payment for all variations must be made in full at their time of

completion.

4.3At CPS sole discretion a non-refundable deposit may be required.

4.4Time for payment for the Goods being of the essence, the Price will be

payable by the Client on the date/s determined by CPS, which may be:

a)on delivery of the Goods;

b)before delivery of the Goods;

c)the date specified on any invoice or other form as being the date for

payment; or

d)failing any notice to the contrary, the date which is fourteen (14)

11.1CPS and the Client agree that ownership of the Goods shall not pass until:

a)the Client has paid CPS all amounts owing to CPS; and

b)the Client has met all of its other obligations to CPS.

11.2Receipt by CPS of any form of payment other than cash shall not be

deemed to be payment until that form of payment has been honoured,

cleared or recognised.

11.3 It is further agreed that:

a)until ownership of the Goods passes to the Client in accordance with clause

11.1 that the Client is only a bailee of the Goods and must return the Goods to

CPS on request..

b)the Client holds the benefit of the Client’s insurance of the Goods on trust

for CPS and must pay to CPS the proceeds of any insurance in the event of the

Goods being lost, damaged or destroyed.

c)the Client must not sell, dispose, or otherwise part with possession of the

Goods other than in the ordinary course of business and for market value. If

the Client sells, disposes or parts with possession of the Goods then the Client
must hold the proceeds of any such act on trust for CPS and must pay or

deliver the proceeds to CPS on demand.

d)the Client should not convert or process the Goods or intermix them with

other goods but if the Client does so then the Client holds the resulting

product on trust for the benefit of CPS and must sell, dispose of or return the

resulting product to CPS as it so directs.

e)the Client irrevocably authorises CPS to enter any premises where CPS

believes the Goods are kept and recover possession of the goods.

f)CPS may recover possession of any Goods in transit whether or not delivery

has occurred.

g)the Client shall not charge or grant an encumbrance over the Goods nor

grant nor otherwise give away any interest in the Goods while they remain the

property of CPS .

h)CPS may commence proceedings to recover the Price of the Goods sold

notwithstanding that ownership of the Goods has not passed to the Client.

CCA, but is unable to do so, CPS may refund any money the Client has paid for

the Goods.

14.8 If the Client is not a consumer within the meaning of the CCA, CPS

liability for any defect or damage in the Goods is:

a)limited to the value of any express warranty or warranty card provided to

the Client by CPS at the CPS sole discretion;

b)limited to any warranty to which CPS is entitled, if CPS did not manufacture

the Goods;

c)otherwise negated absolutely.

14.9Subject to this clause 14, returns will only be accepted provided that:

a)The Client has complied with the provisions of clause 14.1; and

b)the CPS has agreed that the Goods are defective; and

c)the Goods are returned within a reasonable time at the Client’s cost (if that

cost is not significant); and

d)the Goods are returned in as close a condition to that in which they were

delivered as is possible.

14.10Notwithstanding clauses 14.1 to 14.8 but subject to the CCA, CPS shall

not be liable for any defect or damage which may be caused or partly caused

by or arise as a result of:

a)the Client failing to properly maintain or store any Goods;

b)the Client using the Goods for any purpose other than that for which they

were designed;

c)the Client continuing the use of the Goods after any defect became apparent

or should have become apparent to a reasonably prudent operator or user;

d)the Client failing to follow any instructions or guidelines provided by the

CPS;

e)fair wear and tear, any accident, or act of God.

14.11CPSmay in its absolute discretion accept non-defective Goods for return

in which case CPS may require the Client to pay handling fees of up to fifteen

percent (15%) of the value of the returned Goods plus any freight costs.

15.Intellectual Property
15.1Where CPS has designed, drawn or developed Goods for the Client, then

the copyright in any designs and drawings and documents shall remain the

property of CPS.

15.2The Client warrants that all designs, specifications or instructions

18.8history.The information given to the CRB may include:

a)personal information as outlined in 20.1 above;

b)name of the credit provider and that CPS is a current credit provider to the

Client;

c)whether the credit provider is a licensee;

d)type of consumer credit;

e)details concerning the Client’s application for credit or commercial credit

(e.g. date of commencement/termination of the credit account and the

amount requested);

f)advice of consumer credit defaults, overdue accounts, loan repayments or

outstanding monies which are overdue by more than sixty

(60) days and for which written notice for request of payment has been made

and debt recovery action commenced or alternatively that the Client no longer

has any overdue accounts and CPS has been paid or otherwise discharged and

all details surrounding that discharge(e.g. dates of payments);

g)information that, in the opinion of CPS, the Client has committed a serious

credit infringement;

h)advice that the amount of the Client’s overdue payment is equal to or more

than one hundred and fifty dollars ($150).

The Client shall have the right to request (by e-mail) from CPS:

a)a copy of the information about the Client retained by CPS and the right to

request that CPS correct any incorrect information; and

b)that CPS does not disclose any personal information about the Client for the

purpose of direct marketing.

CPS will destroy personal information upon the Client’s request (by e-mail) or

if it is no longer required unless it is required in order to fulfil the obligations

of this agreement or is required to be maintained and/or stored in accordance

with the days following the date of any invoice given to the Client by CPS.

4.5Payment may be made by cash, cheque, bank cheque, electronic/on-line

banking, or by any other method as agreed to between the Client and CPS.

4.6Unless otherwise stated the Price does not include GST. In addition to the

Price the Client must pay to CPS an amount equal to any GST CPS must pay for

any supply by CPS under this or any other agreement for the sale of the

Goods. The Client must pay GST, without deduction or set off of any other

amounts, at the same time and on the same basis as the Client pays the Price.

In addition the Client must pay any other taxes and duties that may be

applicable in addition to the Price except where they are expressly included in

the Price.

5.Delivery of Goods

5.1Delivery (“Delivery”) of the Goods is taken to occur at the time that:

a)The Client or the Client’s nominated carrier takes possession of the Goods at

CPS address; or

b)CPS (or CPS nominated carrier) delivers the Goods to the Client’s nominated

address even if the Client is not present at the address.

5.2At CPS sole discretion the cost of delivery is either included in the Price or

is in addition to the Price.

5.3Delivery of the Goods to a third party nominated by the Client is deemed to

be delivery to the Client for the purposes of this

12.Personal Property Securities Act 2009 (“PPSA”)

12.1In this clause financing statement, financing change statement, security

agreement, and security interest has the meaning given to it by the PPSA.

12.2Upon 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 Goods/Accounts that has previously been supplied and that will

be supplied in the future by CPS to the Client.

12.3The Client undertakes to:

a)promptly sign any further documents and/or provide any further

information (such information to be complete, accurate and up-to- date in all

respects) which CPS may reasonably require to;

(i)register a financing statement or financing change statement in relation to a

security interest on the Personal Property Securities Register;

(ii)register any other document required to be registered by the PPSA; or

(iii)correct a defect in a statement referred to in clause 12.3(a)(i) or 12.3(a)(ii);

b)indemnify, and upon demand reimburse, CPS for all expenses incurred in

registering a financing statement or financing change statement on the

Personal Property Securities Register established by the PPSA or releasing any

Goods charged

given to CPS will not cause CPS to infringe any patent, registered design or

trademark in the execution of the Client’s order and the Client agrees to

indemnify CPS against any action taken by a third party against CPS in respect

of any such infringement.

16.Consequences of Default

16.1Interest on overdue invoices shall accrue daily from the date when

payment becomes due, until the date of payment, at a rate of five percent

(5%) per calendar month (and at CPS sole discretion such interest shall

compound monthly at such a rate) after as well as before any judgment.

16.2If the Client owes CPS any money the Client shall indemnify CPS from and

against all costs and disbursements incurred by CPS in recovering the debt

(including but not limited to internal administration fees, legal costs on a

solicitor and own Client basis, CPS contract default fee, and bank dishonour

fees).

16.3If any account remains overdue after thirty (30) days then an amount of

the greater of twenty dollars ($20.00) or ten percent (10%) of the amount

overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied

for administration fees which sum shall become immediately due and payable.

16.4Without prejudice to any other remedies CPS may have, if at any time the

Client is in breach of any obligation (including those relating to payment)

under these terms and conditions CPS may suspend or terminate the supply of

Goods to the Client. CPS will not be liable to the Client for any loss or damage

the Client suffers law.

18.9 The Client can make a privacy complaint by contacting CPS via e-mail. CPS

will respond to that complaint within seven (7) days of receipt and will take all

reasonable steps to make a decision as to the complaint within thirty (30) days

of receipt of the complaint. In the event that the Client is not satisfied with the

resolution provided, the Client can make a complaint to the Information

Commissioner at www.oaic.gov.au.

19.Dispute Resolution

19.1If a dispute arises between the parties to this contract 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. At any such conference each party shall be

represented by a person having authority to agree to a resolution of the

dispute. In the event that the dispute cannot be so resolved either party may

by further notice in writing delivered by hand or sent by certified mail to the

other party refer such dispute to arbitration. Any arbitration shall be:

a)referred to a single arbitrator to be nominated by the President of the

Institute of Arbitrators Australia; and

b)conducted in accordance with the Institute of Arbitrators Australia Rules for

the Conduct of Commercial Arbitration.
5.5agreement.

The Client must take delivery by receipt or collection of the Goods whenever

either is tendered for delivery. In the event that the Client is unable to take

delivery of the Goods as arranged then CPS shall be entitled to charge a

reasonable fee for redelivery of the Goods and/or the storage of the Goods.

The Client shall take delivery of the Goods tendered notwithstanding that the

quantity so delivered shall be either greater or lesser than the quantity

purchased provided that:

thereby;

c)not register a financing change statement in respect of a security interest

without the prior written consent of CPS;

d)not register, or permit to be registered, a financing statement or a financing

change statement in relation to the Goods in favour of a third party without

the prior written consent of CPS;

e) immediately advise CPS of any material change in its business

practices of selling Goods which would result in a change in the because CPS

has exercised its rights under this clause.

16.5 Without prejudice to CPS other remedies at law CPS shall be entitled to

cancel all or any part of any order of the Client which remains unfulfilled and

all amounts owing to CPS shall, whether or not due for payment, become

immediately payable if:

a)any money payable to CPS becomes overdue, or in CPS opinion the Client

will be unable to make a payment when it falls due;

b)the Client become insolvent, convenes a meeting with its creditors or

proposes or enters into an arrangement with creditors,

20.Compliance with Laws
20.1The Client and CPS 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.

20.2The Client shall obtain (at the expense of the Client) all licenses and

approvals that may be required for the works.

20.3The Client agrees that the site will comply with any occupational health

and safety laws relating to building/construction sites and any other relevant

safety standards or legislation.

a)such discrepancy in quantity shall not exceed five percent (5%); and

b)the Price shall be adjusted pro rata to the discrepancy.

5.6CPS may deliver the Goods in separate instalments.

Each separate instalment shall be invoiced and paid in accordance with the

provisions in these terms and conditions.

5.7Any time or date given by CPS to the Client is an estimate only. The Client

must still accept delivery of the Goods even if late and CPS will not be liable

for any loss or damage incurred by the Client as a result of the delivery being

late.

6.Risk

6.1Risk of damage to or loss of the Goods passes to the Client on Delivery and

the Client must insure the Goods on or before Delivery.

6.2If any of the Goods are damaged or destroyed following delivery but prior

to ownership passing to the Client, CPS is entitled to receive all insurance

proceeds payable for the Goods. The production of these terms and

conditions by CPS is sufficient evidence of CPS rights to receive the insurance

proceeds without the need for any person dealing with CPS to make further

enquiries.

7.Access

7.1The Client shall ensure that CPS has clear and free access to the work site

at all times to enable CPS to undertake the works. CPS shall not be liable for

any loss or damage to the site including without limitation, damage to

pathways, driveways and concreted or paved or grassed areas.
8.Dimensions, Plans and Specifications

8.1All customary industry tolerances shall apply to the dimensions and

measurements of the Goods unless CPS and the Client agree otherwise in

writing. CPS shall be entitled to rely on the accuracy of any plans,

specifications and other information provided by the Client.

8.2If the giving of an estimate or quotation for the supply of Goods involves

CPS estimating measurements and quantities, it shall be the responsibility of

the Client to verify the accuracy of CPS nature of proceeds derived from such

sales.

12.4 CPS and the Client agree that sections 96, 115 and 125 of the PPSA do

not apply to the security agreement created by these terms and conditions.

12.5The Client waives their rights to receive notices under sections 95, 118,

121(4), 130, 132(3) (d) and 132(4) of the PPSA.

12.6The Client waives their rights as a grantor and/or a debtor under sections

142 and 143 of the PPSA.

12.7Unless otherwise agreed to in writing by CPS, the Client waives their right

to receive a verification statement in accordance with section 157 of the PPSA.

12.8The Client must unconditionally ratify any actions taken by the CPS under

clauses 12.3 to 12.7.

12.9Subject to any express provisions to the contrary nothing in these terms

and conditions is intended to have the effect of contracting out of any of the

provisions of the PPSA.

13.Security and Charge

13.1In consideration of CPS agreeing to supply the Goods, the Client charges

all of its rights, title and interest (whether joint or several) in any land, reality

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 (including, but not limited to, the payment of any

money).

13.2The Client indemnifies CPS from and against all CPS costs and

disbursements including legal costs on a solicitor and own Client basis incurred

in exercising CPS rights under this clause.

13.3The Client irrevocably appoints CPS and each director of CPS as the

Client’s true and lawful attorney/s to perform all necessary acts to give effect

to the provisions of this clause 13 including, but not limited to, signing any

document on the Client’s behalf.

14.Defects, Warranties and Returns, Competition and Consumer Act 2010

(CCA)

14.1The Client must inspect the Goods on delivery and must within thirty (30)

days of delivery notify CPS in writing of any evident defect/damage, shortage

in quantity, or failure to comply with the or makes an assignment for the

benefit of its creditors; or

c)a receiver, manager, liquidator (provisional or otherwise) or similar person is

appointed in respect of the Client or any asset of the Client.

17.Cancellation

17.1CPS may cancel any contract to which these terms and conditions apply or

cancel delivery of Goods at any time before the Goods are due to be delivered

by giving written notice to the Client. On giving such notice CPS shall repay to

the Client any money paid by the Client for the Goods. CPS shall not be liable

for any loss or damage whatsoever arising from such cancellation.

17.2In the event that the Client cancels delivery of the Goods the Client shall

be liable for any and all loss incurred (whether direct or indirect) by CPS as a

direct result of the cancellation (including, but not limited to, any loss of

profits).

18.Privacy Act 1988

18.1The Client agrees for CPS to obtain from a credit reporting body (CRB) a

credit report containing personal credit information (e.g. name, address,

D.O.B, occupation, previous credit applications, credit history) about the Client

in relation to credit provided by CPS.

18.2The Client agrees that CPS may exchange information about the Client

with those credit providers and with related body corporates for the following

purposes:

a)to assess an application by the Client; and/or

b)to notify other credit providers of a default by the Client; and/or
c)to exchange information with other credit providers as to the status of this

credit account, where the Client is in default with other credit

providers;and/or

d)to assess the creditworthiness of the Client including the Client’s repayment

history in the

21.Building and Construction Industry Payments Act (Qld) 2004

21.1At CPS sole discretion, if there are any disputes or claims for unpaid,

Goods then the provisions of the Building and Construction Industry Payments

Act (QLD) 2004 may apply.

21.2Nothing in this agreement is intended to have the affect of contracting

out of any applicable provisions of the Building and Construction Industry

Payments Act (Qld) 2004, except to the extent permitted by the Act where

applicable.

22.General

22.1The failure by CPS to enforce any provision of these terms and conditions

shall not be treated as a waiver of that provision, nor shall it affect CPS right to

subsequently enforce that provision. If any provision of these terms and

conditions shall be invalid, void, illegal or unenforceable the validity, existence,

legality and enforceability of the remaining provisions shall not be affected,

prejudiced or impaired.

22.2These terms and conditions and any contract to which they apply shall be

governed by the laws of in which CPS has its principal place of business, and

are subject to the jurisdiction of the courts in that state.

22.3Subject to clause 14. CPS shall be under no liability whatsoever to the

Client for any indirect and/or consequential loss and/or expense (including

loss of profit) suffered by the Client arising out of a breach by CPS of these

terms and conditions (alternatively CPS liability shall be limited to damages

which under no circumstances shall exceed the Price of the Goods).

22.4The 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 CPS nor to withhold

payment of any invoice because part of that invoice is in dispute.

22.5CPS may license or sub-contract all or any part of its rights and obligations

without the Client’s consent.

22.6The Client agrees that CPS may amend these terms and conditions at any

time. If CPS makes a change to these terms and conditions, then that change

will take effect from the date on which CPS notifies the Client of such change.

The Client will be

estimated measurements and quantities, before the Client places an order

based on such estimate or accepts such quotation.

8.3 Should the Client require any changes to CPS estimated description or

quote.

14.2The Client must notify any other alleged defect in the Goods as soon as

reasonably possible after any such defect becomes

18.3preceding two (2) years. The Client consents to CPS being given a

consumer credit report to collect overdue payment on taken to have accepted
the Client.

22.7Neither party shall be liable for any default due to any act of God,

measurements and quantities, the Client shall request such changes in writing.

In the case of an estimate before placing an order and in the case of a

quotation before acceptance. evident. Upon such notification the Client must

allow CPS to inspect the Goods.

14.3Under applicable State, Territory and Commonwealth Law (including,

without limitation the CCA), certain statutory implied guarantees and

warranties (including, without limitation the statutory guarantees under the

CCA) may be implied into these commercial credit.

18.4 The Client agrees that personal credit information provided may be used

and retained by CPS for the following purposes (and for other agreed purposes

or required by):

a)the provision of Works; and/or

war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other

event beyond the reasonable control of either party.

22.8The Client warrants that it has the power to enter into this agreement and

has obtained all necessary authorisations to allow it to do so, it is not insolvent

and that this agreement creates binding and valid legal obligations on it.