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Monday – Friday: 7am-7pm
Saturday: 7am-7pm
Sunday: 7am-7pm
Emergency Plumbing Service 24/7/365
TERMS & CONDITIONS
Bright Water Plumbing Pty Ltd t/as Bright Water Plumbing & Gas
ABN: 17 159 980 117
1. Definitions
1.1 “Supplier” means Bright Water Plumbing Pty Ltd trading as Bright Water Plumbing & Gas, ABN 17 159 980 117, and includes its successors and assigns.
1.2 “Client” means any person, company or entity purchasing goods and/or services from the Supplier, including any person acting with the Client’s authority.
1.3 “Guarantor” means any person(s) who agrees to be liable for the debts and obligations of the Client as stated in any credit application, quotation or correspondence.
1.4 “LPR” means the Local Plumbing Regulator or any relevant statutory authority governing plumbing work.
1.5 “Goods” means all materials, products, equipment or items supplied by the Supplier.
1.6 “Works” means all plumbing and associated services performed by the Supplier.
2. Payments, Credit and Security
2.1 Payment terms are as stated on the Supplier’s invoice. If no terms are stated, payment is due immediately upon completion of the works.
2.2 If the works extend over one month or more, the Supplier may issue progress invoices at the end of each calendar month, payable within the agreed terms or, if none are agreed, within 7 days.
2.3 The Supplier may apply an account keeping fee of 2% per month on any overdue amount at its absolute discretion.
2.4 The Client indemnifies the Supplier for all bank fees, recovery costs, legal fees and collection charges incurred as a result of the Client’s breach of these Terms, whether or not the Supplier has yet paid those costs.
2.5 The Supplier may suspend or cease works immediately if the Client’s account is overdue.
2.6 The Client and any Guarantor charge all right, title and interest in any property they own now or in the future—whether solely or jointly—with a security interest in favour of the Supplier for all monies owed. The Supplier may lodge a caveat without notice.
2.7 Ownership of all Goods remains with the Supplier until paid in full. The Client irrevocably authorises the Supplier to enter any premises to recover unpaid Goods.
2.8 The Supplier may register a PPSR security interest over all present and after-acquired property of the Client and/or Guarantor. The Client waives the right to receive notice of the registration.
2.9 Payment may be made by cash, bank transfer or credit card and is deemed received once cleared into the Supplier’s bank account.
2.10 Credit card payments may incur a surcharge of up to 1.9% + $0.20 per transaction.
2.11 GST is payable by the Client on all taxable supplies, in addition to the quoted amount unless stated otherwise.
2.12 The Supplier may terminate any credit facility at any time without giving a reason.
2.13 The Guarantor guarantees the prompt payment of all monies owed by the Client and the Client’s performance of all obligations.
2.14 If the Client cancels a booking within 24 hours of the scheduled time, a $99 cancellation fee applies and any deposit is forfeited.
3. Warranties, Liability and Risk
3.1 Manufacturer warranties apply to Goods. The Supplier is not liable for product defects and the Client must make claims directly to the manufacturer. The Supplier will provide manufacturer details upon request.
3.2 The Supplier will not perform warranty work unless the Client’s account is fully paid.
3.3 Mandatory workmanship warranties apply only as required by the LPR and Australian Consumer Law (ACL). All other warranties are excluded to the fullest extent permitted by law.
3.4 Before remedial work is requested, the Client must provide the Supplier at least 5 business days to inspect and remedy any alleged workmanship defect. If the Client engages another tradesperson or attempts repairs themselves without complying with this clause, all warranties are void.
3.5 If a site re-attendance is requested for an alleged warranty issue that the Supplier determines is not a warranty matter, the Client will be charged at standard call-out rates.
3.6 If the Supplier makes an insurance claim, the insurer’s findings are final and binding.
3.7 The Supplier will use reasonable endeavours to complete the works within the expected timeframe but is not liable for delays or associated costs.
3.8 The Supplier’s total liability is limited to the value of the works performed.
3.9 To the maximum extent permitted by law, the Supplier is not liable for any indirect, consequential or special loss, including but not limited to loss of profit, loss of use, delays, damage to property, or additional expenses.
3.10 The Client indemnifies the Supplier for all losses, liabilities or costs arising from the supply of Goods or services, except where caused by the Supplier’s wilful misconduct.
3.11 Risk in Goods passes to the Client upon delivery or installation, whichever occurs first. The Client must insure the Goods from that moment.
4. Refunds
4.1 A refund request must be made in writing within 30 days of job completion.
4.2 The Supplier will respond within 7 days of receiving the request.
4.3 Refunds are not provided for labour relating to fault-finding or diagnostic work.
4.4 If approved, refunds are issued on a pro-rata basis based on the extent of any verified defect.
4.5 Nothing in these Terms excludes or limits any rights under the ACL, except where permitted by law.
5. Acceptance of Terms
5.1 Any instruction from the Client—whether provided via phone call, SMS, email, website form, written acceptance, signature, or verbal authorisation—to proceed with any quotation or works constitutes formal acceptance of these Terms and Conditions.
5.2 Acceptance of a quotation, payment of a deposit, or authorisation for the Supplier to commence work is deemed confirmation that the Client has read, understood, accepted and agreed to be bound by these Terms and Conditions in full.
5.3 Any representative, employee or family member of the Client is deemed authorised to accept quotations or approve works on behalf of the Client unless the Client specifies otherwise in writing.
5.4 The Client must inspect all completed works immediately and provide written notice of any issues within 7 days. If the Client fails to provide such notice, the works are deemed accepted and payable in accordance with these Terms.
6. Quotations and Variations
6.1 Quotations are based solely on the written scope provided in the quotation document.
6.2 Unless expressly included, quotations do not include:
(a) concealed conditions or items not visible at time of inspection (below ground, ceilings, wall cavities, etc.)
(b) supply of tapware, fixtures or appliances
(c) rubbish removal
(d) cutting, coring, chasing, or reinstatement of surfaces
(e) LPR, Water Corporation or other authority fees
(f) hard digging such as clay or rock (standard assumption is sand soil)
6.3 Quotation amounts are estimates only unless marked “fixed price.” Quotes/estimates are valid for 7 days and subject to change.
6.4 Any variation or additional work must be agreed in writing and will be charged at standard rates unless otherwise stated.
7. Works and Site Requirements
7.1 Before works commence, the Client must clearly mark the precise location of all underground services.
7.2 The Client indemnifies the Supplier for damage to services not accurately identified.
7.3 Variations will apply where concealed conditions exist or additional works are required beyond the quoted scope.
7.4 Blocked Drains: The Client acknowledges that the presence of tree roots indicates likely pipe damage. Cleaning the drain does not guarantee a permanent fix and no warranty is provided for future blockages.
7.5 Wall drilling / chasing / coring: Although care is taken, the Supplier is not liable for reinstatement costs including plastering, rendering, painting, tiling or patching.
7.6 Access: The Client must provide clear and safe access to the work area. Additional time or equipment required due to access issues will be charged as a variation.
7.7 Health & Safety: The Supplier may refuse or suspend work where safety risks exist, with costs for rescheduling or remediation payable by the Client.
8. Intellectual Property, Confidentiality and Privacy
8.1 All intellectual property, systems, trade secrets and methodologies remain the property of the Supplier.
8.2 The Client agrees the Supplier may use non-identifying photographs of works (not of people) for marketing purposes.
8.3 The Supplier may collect personal information (names, addresses, contact details). This information will not be publicly shared except where required by law.
8.4 The Client and/or Guarantor authorise the Supplier to obtain credit reports as required.
8.5 The Client authorises the Supplier to obtain trade references.
8.6 No credit information is stored by the Supplier beyond what is legally required.
9. General
9.1 These Terms are governed by the laws of Australia, and the parties submit to the non-exclusive jurisdiction of the Australian courts.
9.2 These Terms form the entire agreement between the parties unless a later contract expressly modifies them in writing.
9.3 If any clause is found invalid, the remainder of the Terms continue in full force.
9.4 Force Majeure: The Supplier is not liable for delays or failure to perform caused by events beyond its reasonable control (weather events, supply chain disruption, illness, equipment failure, etc.).
If you have any questions regarding these terms and conditions, please contact us or email admin@brightwaterplumbing.com.au