Terms and Conditions of Trade

1. Interpretation

In these Terms:

• "Agreement" means an agreement between the Company and Customer for the provision of Services. An Agreement will come into existence on the date the Customer signs the Authorisation in writing or verbally accepts the quote in accordance with these Terms.
• "Authorisation" means a quotation as set out in the written Authorisation to Carry Out Plumbing Work provided by the Company to the Customer.
• "Company" means DCI PLUMBING & GAS PTY LTD trading as DCI Plumbing ACN: 109 740 141, ABN: 91 109 740 141
• "Customer" means the Customer of Services to be supplied by the Company.
• "Goods" means the goods required to be purchased and supplied by the Customer or Company to complete the Services.
• "Price" means the Quotation Price as adjusted by the Company in accordance with these Terms.
• "Services" means the services and Goods to be supplied by the Company to the Customer.
• "PPSA" means the Personal Property Securities Act 2009 (Cth).

2. General

• 2.1 These Terms will apply to the supply of the Services despite any conflicting terms proposed by the Customer, unless waived in writing by the Company.
• 2.2 These Terms together with the Authorisation constitute the entire Agreement.

3. Formation of Agreement

An Agreement will be formed between the Customer and Company when:

• 3.1 The Customer provides a Request for Services;
• 3.2 The Company provides an Authorisation (Quote/Estimate); and
• 3.3 The Customer accepts the Authorisation in writing or via digital acceptance.

4. Price and Variations

• 4.1 The quotation set out in an Authorisation is automatically revoked 30 days after it is issued unless accepted earlier.
• 4.2 The Company reserves the right to increase the Price to reflect any increase in the cost to the Company due to factors beyond its control (including changes in taxation laws, materials costs, or delays caused by the Customer).
• 4.3 If the Customer requests a variation to the work, the Company will provide a written variation document detailing the new Price. The Customer must accept this before work proceeds.

5. Payments

Unless otherwise agreed in writing:

• 5.1 The Customer must pay the Deposit (if applicable) upon accepting the Authorisation.
• 5.2 The total Price must be paid immediately upon completion of the work or as per the terms on the invoice.
• 5.3 Credit Card Payments: If the Customer pays by credit card, they authorise the Company to debit the amount.
• 5.4 Overdue Payments: If the Customer fails to pay:
  • The Customer must pay all reasonable collection expenses and legal costs.
  • The Company may charge interest on overdue amounts at a rate of 5% per annum.
  • The Company may charge an administrative fee of 5% of the outstanding balance.

6. Customer's Responsibility

• 6.1 The Customer must ensure the Company has uninterrupted access to the site.
• 6.2 The Customer agrees that the site complies with all occupational health and safety laws.
• 6.3 The Company is not responsible for the removal of rubbish or cleaning of the site (unless explicitly included in the quote).

7. Title and Risk (PPSA)

• 7.1 Risk: Risk in Goods passes to the Customer immediately upon delivery or installation.
• 7.2 Title: Title in the Goods (ownership) does not pass to the Customer until the Price is paid in full.
• 7.3 Repossession: Until the Price is paid, the Company reserves the right to enter the premises to recover, remove, and resell Goods.
• 7.4 PPSA: The Customer acknowledges that these Terms constitute a Security Agreement for the purposes of the PPSA, granting the Company a purchase money security interest (PMSI) in the Goods.

8. Warranty & Liability

• 8.1 Statutory Warranties: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
• 8.2 Workmanship Guarantee: The Company warrants that Services will be performed with due care and skill.
  • This guarantee covers the labour/installation only.
  • Product warranties are subject to the manufacturer's terms.
  • This guarantee is void if the failure is caused by client misuse, negligence, or pre-existing conditions.
• 8.3 Limitation: To the maximum extent permitted by law, the Company's liability for defective Services is limited to the re-supply of the Services or a refund of the Price. The Company is not liable for indirect or consequential loss (e.g., loss of income).

9. Defects

Notice of any defect must be given in writing within seven (7) days of completion. If no notice is given, the Services are deemed accepted.

10. Termination

• 10.1 Either party may terminate the Agreement with 48 hours' written notice (subject to payment for work already done).
• 10.2 The Company may terminate immediately if the Customer becomes insolvent or commits a material breach of these Terms.

11. Privacy

The Company is bound by the Privacy Act 1988 (Cth). Personal information collected will be used to provide Services, process payments, and (where applicable) register security interests. Please refer to our Privacy Policy located on our Website for full details.

12. Governing Law

These Terms are governed by the laws of South Australia. The parties submit to the jurisdiction of the courts of South Australia.

13. Service Specific Clauses