Terms & Conditions
Terms & Conditions of Trade- The Drain Surgeon Plumbing & Gas
Any and all works carried out by The Drain Surgeon Plumbing & Gas either quoted or otherwise shall be subject to these Terms and Conditions in full. It is the sole responsibility of the client / customer to read the Terms and Conditions carefully and pursue legal advice if required before engaging The Drain Surgeon Plumbing & Gas
1.1 “The Drain Surgeon” shall mean The Drain Surgeon Plumbing & Gas, or any agents, contractors and employees hereof.
1.2 “Client” shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from The Drain Surgeon.
2.1 The client agrees to make progress payments as requested. Failure to do so will cancel all further works until such time, progress payments are paid. The client agrees to pay the full invoice amount on the completion of works.
2.2 Credit card & cash payments accepted only. I give permission to The Drain Surgeon to carry out transactions over the phone using my credit card details for the value of the invoice amount or as per payment arrangement i.e. Deposit or progress payments.
2.3 Any payments which fall overdue shall incur a non-negotiable late fee of 10% with interest accruing monthly at 15% pa until paid in full.
2.4 All quoted works are subject to variations as required & are at the discretion of The Drain Surgeon in order to carry out & complete works to Australian & Safety Standards. All variations will incur further fees & charges in addition to the original quoted amount.
2.5 The Drain Surgeon fees are subject to change without notification to the client.
2.6 Additional fees & charges shall apply outside of normal business hours 0700 to 1700 Monday to Friday & 0800 to 1200 Saturday.
3.1 All goods shall remain the property of The Drain Surgeon until such time payment is received in full.
4.0 Cancellation Policy
4.1 The Drain Surgeon may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours written advice. The Drain Surgeon shall not be liable for any loss or damage what-so-ever arising from such cancellation.
4.2 Placing a deposit with The Drain Surgeon secures & confirms your job. Where a deposit has been paid to The Drain Surgeon, deposits are non-refundable.
5.1 Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on workmanship in the exact location & scope as carried out by The Drain Surgeon. Client must provide original invoice for proof of works.
5.1 Any additional site visits required for warranty calls will be charged out at $160inc GST if no fault is evident/found.
5.2 All valve & valve type parts as well as any specified items installed by The Drain Surgeon must be serviced annually by The Drain Surgeon. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
5.3 The Client shall inspect the goods & works on completion & must report any defects to parts or installation works within 48 hours in writing to The Drain Surgeon of any alleged defects, shortage in quantity or damage. The client shall afford The Drain Surgeon an opportunity to inspect the alleged damage / defect within 7 working days from date of written notification & give The Drain Surgeon the opportunity to make good to Australian & reasonable standards within 14 working days.
5.4 No warranty shall be provided on blocked sewer, drainage or storm water as set out at clause 10.1
6.0 Intellectual Property
6.1 Where The Drain Surgeon have designed or drawn Goods for the Client, then the copyright in those designs & drawings shall remain vested in The Drain Surgeon, & shall only be used by the Client at The Drain Surgeon’s discretion & with written consent to do so.
7.0 Clients Disclaimer
7.1 The client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of The Drain Surgeon & the Client acknowledges that he/she buys the services of The Drain Surgeon relying solely upon his/her own skill & judgment & that The Drain Surgeon shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client & shall not be transferable to any subsequent Client.
8.0 Underground Services
8.1 The Client will indemnify The Drain Surgeon & keep The Drain Surgeon indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged. The Drain Surgeon will not be liable for any repair work & any repair work required will be paid at the Clients expense. Such liability, loss, claims or proceedings includes but is not limited to a) Damage to the property, real or personal; b) Death or personal injury; & c) Consequential or economic loss of any kind.
9.0 Rock & Filled Ground
9.1 Unless specifically included in written quotes &/or estimates, rock excavation, dewatering or supportive work such as pier & beams for filled or made up ground will be charged out as a variation to the original price. Quotation is based on excavation of clean soils only, unless otherwise specifically stated in writing.
9.2 Existing soils shall be returned to excavate areas where possible & ground shall left filled. Landscaping and concrete works are not included in quotation unless specified be in writing. All concrete, paving and landscape works including shrub / plant & lawn replacement will be treated as a variation as set out in 2.5 of this document.
10.0 Drains & Sewer
10.1 The Client understands that the presence of plant/tree root growth &/or blockages generally indicates damaged pipes. Additionally the Client agrees that blocked drains, sewer pipes & storm water lines cannot be permanently fixed by simply removing “plant/tree root growth” or cleaning the drain. Therefore, no warranty is provided in relation to future blockages regardless of timeframe re-occurring whether in the same location or other drainage / sewer lines within the same property.
10.2 The Client acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at The Drain Surgeon’s sole discretion in an attempt to identify the source of the blocked drain. Should CCTV equipment be used the Client acknowledges that additional charges will imposed.
10.3 Should any Plumber’s equipment become lodged or damaged in the customers drain it will be removed & / or repaired at the Clients expense (includes materials, parts & labour) or monetary compensation to the total replacement of same or higher quality value will become payable to The Drain Surgeon at completion of the works.
11.0 Dispute Resolution
11.1 If 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 & providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.
11.2 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 or sent by certified mail to the other party refer such dispute to arbitration.
11.3 Any arbitration shall be:
11.3(a) Referred to The State Administrative Tribunal (SAT).
11.4 The client agrees that they will not make any defamatory or disparaging comments or remarks, in writing, orally or electronically, about all current, former, or future employees, directors, officers, investors, products or services of the Company. If they are found to do so The Drain Surgeon Plumbing and Gas may seek (at the clients expense) the following a) Financial compensation for the damage to our reputation b) An apology or a retraction c) The deletion of any defamatory material by the person who wrote it and anyone who has published it.
12.0 Compliance with Laws?
12.1 The Client & the Contractor shall comply with the provisions of all statutes, regulations & bylaws of government, local & other public authorities that may be applicable to the works.
12.2 The Client shall obtain (at the expense of the Client) all licenses & approvals that may be required for the works? (Councils or other governing agents).
12.3 The Client agrees that the site will comply with any occupational health & safety laws relating to building/construction sites & any other relevant safety standards or legislation.
13.1 The client agrees to The Drain Surgeon using their personal information for marketing purposes & gives The Drain Surgeon permission to send out future advertising material
13.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
13.3 The Drain Surgeon does not accept any responsibility for damage to property during works being carrying out or by any subsequent plumbing failure arising from the scope of works conducted by The Drain Surgeon.
13.4 The Drain Surgeon shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour, machinery or materials outside the direct control of The Drain Surgeon.
13.5 In the event of any breach of this contract by The Drain Surgeon the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of The Drain Surgeon exceed the Price of the Goods.
13.6 The Drain Surgeon reserves the right to review & make changes to these terms & conditions at any time.
Website Terms & Conditions
Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.
If you purchase products through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.
the Website means the website thedrainsurgeonperth.com.au
We / Us etc means The Drain Surgeon Plumbing and Gas and any subsidiaries, affiliates, employees, officers, agents or assigns.
Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Passwords and logins
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Indemnification for loss or damage
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:
The trademarks and logos contained on this Website are trademarks of The Drain Surgeon Plumbing and Gas. Use of these trademarks is strictly prohibited except with Our express, written consent.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
These terms and conditions are governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Western Australia.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Copyright © 2012 R P Emery & Associates