QUOTATIONS - TERMS & CONDITIONS
ITEM 1 ACCEPTANCE OF QUOTATION
1.1 This quotation is valid for 21 days from the date of provision.
1.2 This quotation must be accepted before works will be scheduled.
1.3 We reserve the right to re-quotes any quotes that have been requested before a site has been completed.
1.4 Emergency Hot Water Repairs can not be held responsible for any problems that arise for circumstances that are beyond our control
ITEM 2 WITHDRAWAL OR REVISION OF QUOTATION
2.1. We reserve the right to revise or withdraw this quotation at any time prior to the quotation being formally accepted.
2.2 Should the scope of works be changed from the time of quotation. We will either re-quote the project or list the additional works as a formal and paid variation for the project.
ITEM 3 PAYMENT
3.1 For all other works, payment terms are strictly 7 days from date of invoice unless otherwise negotiated.
3.3 Payment can be made via cash, direct deposit or credit card.
3.4 In the event that a payment is dishonoured for any reason, the Customer shall be liable for any dishonour fees incurred by Emergency Hot Water Repairs.
ITEM 4 PAYMENT DEFAULT
4.1 Invoices that are not settled within 7 days from the date of issued will be deemed a payment default.
4.2 Payment defaults that are 30 days or more overdue may be handed over to a debt collection agency. In this instance, the Customer agrees to indemnify Emergency Hot Water Repairs from and against all costs and disbursements incurred by Emergency Hot Water Repairs in pursing the debt including legal costs for a solicitor and any applicable collection agency costs. These costs will remain at the expense of the Customer(s).
ITEM 5 CANCELLATION
5.1 Cancellation for projects can be made at no penalty where notice of more than 3 days is made by the Customer from the date of the project booking.
5.2 No charges will apply for customers looking to reschedule their booking provided that the rescheduled project appointment falls no later than 14 days from the original booking date.
ITEM 6 RISK AND OWNERSHIP
6.1 Risk of loss, damage or destruction to the materials, equipment or product or any part thereof shall pass to the Customer on installation.
6.2 Emergency Hot Water Repairs and the Customer agree that:
(a) the property of the Contractor in the materials remains with the Contractor until the Contractor has received payment in full of the Price and any other monies due to the Contractor under these Terms & Conditions or any Contract between the parties;
(b) the Customer is a bailee of the materials until such time as property in them passes to the Customer and that such bailment continues until the Price of the Contract has been paid in full;
(c) pending payment in full of the Price under the Contract, the Customer:
ITEM 7 WARRANTY FOR ITEMS SUPPLIED BY THE CLIENT
7.1 Emergency Hot Water Repairs maintains no legal liability for material items supplied by the client. In these instances, the goods will be tested and deemed fit for purpose at the point of installation and any faults or failures associated with these products at this point or in the future, remain the responsibility of the manufacturer (and its associated warranty).
7.2 Emergency Hot Water Repairs shall not be bound by or remain responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the goods.
7.3 Any request for rectification of materials supplied by the client will incur charges for labour and associated travel.
ITEM 8 LIMITATION OF LIABILITY & EXCEPTED RISKS
8.1 The Customer acknowledges that they have made their own assessment as to the condition, quality, value, suitability and fitness for the purpose of Emergency Hot Water Repairs services.
8.2 Emergency Hot Water Repairs shall not be liable for any delay or failure to perform its obligations under these Terms & Conditions or any Contract between the parties if such failure or delay results directly or indirectly from any cause, matter or thing beyond the reasonable control of the Contractor, including but not limited to:
(a) any act, default or omission on the part of the Customer, its employees and or agents; or
(b) any events occurring on or before Completion Date including but not limited to: –
(i) damage by fire, explosion, earthquake, lightning, storm, flood, acts of God, civil or military authority, public enemy, war, civil commotion, strikes, labour disputes or industrial conditions;
(ii) electric power supply failure;
(iii) inclement weather;
(iv) unavailability of suitable materials or parts;
(v) failure of transportation affecting the Contractor, its supplier or any other person company or firm;
(vi) latent conditions;
(vii) variations directed by the customer;
(viii) changes in the law; or
(ix) directions or delays by municipal, public or statutory authorities
8.3 Emergency Hot Water Repairs shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach Emergency Hot Water Repairs of these terms and conditions.
8.4 In the event of any breach of this contract by Emergency Hot Water Repairs the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods and services.
8.5 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer Emergency Hot Water Repairs nor to withhold payment of any invoice because part of that invoice is in dispute.
ITEM 9 COMPLIANCE
9.1 The Customer and Emergency Hot Water Repairs 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.
9.2 All works completed by Emergency Hot Water Repairs are compliant with Australian Standards.
9.3 Where required, the Customer shall obtain (at their own expense) all licenses and approvals that may be required for the works.
9.4 The Customer 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.
9.5 Emergency Hot Water Repairs reserves the right to suspend services should they identify the site does not comply accordingly with occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation. In this instance, Emergency Hot Water Repairs will not be liable for any losses or damages incurred by the Customer while these safety breaches are rectified or resolved.
ITEM 10 GENERAL
10.1 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
10.2 Emergency Hot Water Repairs may make mention of this project for marketing and public relations purposes.
ITEM 11 PRICE MATCH GUARANTEE
11.1 Identical products under identical terms and conditions are eligible if you find them advertised and in stock from an authorised Australian retailer or reseller for a lower price. An identical product means an identical model number, pack size, components and warranty.
11.2 Price match guarantee is only available before installation of the new hot water system take places.
11.3 Price match guarantee is only available against written genuine competitors quote