Terms and
conditions.

1.1 The Quote is valid for acceptance by the client for 30 days unless specified otherwise in writing.

1.2 The Client has received, read, and understood the Quote and acknowledges that the Quote forms part of the Agreement.

1.3 Any variation to the Quote must be agreed to in writing by both parties and may incur a variation fee at the discretion of Howrah Plumbing.

1.4 By signing the Quote, paying a Deposit, or emailing Howrah Plumbing confirming quote acceptance, the Client:

2.1 The Quote specifies the Services, which may vary as follows:

2.2 Where the Client requires further services (“Additional Services”) Howrah Plumbing may at its discretion agree to provide the Additional Services and will provide an updated quote.

2.3 Provision of the Services is at all times subject to the Client:

2.4 The Client agrees to provide a safe workplace, including:

2.5 Services will be provided 7:30am to 4:00pm unless specified otherwise.

2.6 Services will comply with relevant codes, standards and specifications required under applicable law, and the conditions of any relevant development consent, development, or construction certificate.

2.7 Howrah Plumbing can advise the Client about applicable standards and regulatory requirements, but will not be liable for any failure to comply with 2.6 if the failure relates solely to a design or specification prepared by or on behalf of the Client (but not on behalf of Howrah Plumbing), or a design or specification required by the owner, if Howrah Plumbing has advised the Client in writing that the design or specification contravenes 2.6.

2.8 Where the Services include the installation of goods, the location of the Goods is at the Client’s discretion, and:

3.1 Where the Services include the provision of Goods, the Client:

3.2 Where the provision of Goods includes attaching new equipment to the Client’s existing system, Howrah Plumbing will not be responsible for any costs associated with repairing or replacing faulty parts of the existing system.

3.3 The times quoted for delivery of Goods are estimates only and Howrah Plumbing:

3.4 Howrah Plumbing retains legal and equitable title to any Goods supplied to the Client until full payment is made for all Goods and Services supplied by Howrah Plumbing pursuant to clause 4 below. The Client gives irrevocable authority to Howrah Plumbing to enter any premises occupied by the Client, or any other location on which the Goods are situated, at any reasonable time after default by the Client, in order to remove and repossess any Goods, and to sell those Goods if necessary to recover unpaid monies.

4.1 As consideration for providing the Services, the Client will pay the fees specified in the Quote (“Fees”) via an accepted payment method identified on the footer of the Quote and/or invoice.

4.2 If Howrah Plumbing determines that further work that was not allowed for in the Quote is necessary, Howrah Plumbing will immediately notify the Client of any additional fees, which will become part of the Fees.

4.3 Where the Services are Counter Sales only, payment is required in full on pick-up or delivery.

4.4 The Fees do not include the cost of removing any dangerous waste materials, such as asbestos, that Howrah Plumbing:

4.5 If the Client fails to pay any amount of Fees by the applicable due date under clauses 4.3 to 4.6, the Client agrees that Howrah Plumbing may:

4.6 Credit card payments will incur applicable charges in accordance with ANZ merchant charges at the time of payment. Howrah Plumbing may at our discretion, choose to waive this charge if accounts are paid on or before the due date.

5.1 Installation Services: 12-month installation workmanship warranty unless otherwise specified on the Quote. No warranty is given on existing, re-used or customer supplied materials.

5.2 Maintenance and Repair Services: 28-day workmanship warranty unless otherwise specified on the Quote.

5.3 Products, plant, and equipment may be covered by a manufacturer’s warranty, and product failure will only be covered under the terms of such a warranty as stated on the manufacturer’s brochure. Howrah Plumbing labour costs for removal and re-installation of these parts or equipment will be at the Client’s expense if not covered by the warranty.

5.4 Any warranty provided by Howrah Plumbing may be void should Howrah Plumbing works be interfered with, damaged, tampered with, modified, or relocated by anyone not employed or authorised by Howrah Plumbing.

5.5 All warranties commence on the date of installation or completion of the Services and apply only to the work performed by Howrah Plumbing and/or those components of systems, products or equipment worked on by Howrah Plumbing.

6.1 Howrah Plumbing will not provide a refund or replacement as a result of a change of mind by the Client.

6.2 If a warranty pursuant to Clause 5 applies to a faulty product or service Howrah Plumbing will, at their discretion:

7.1 Howrah Plumbing may terminate the Agreement by giving 7 days’ notice in writing.

7.2 Howrah Plumbing may terminate the Agreement immediately by giving notice in writing and at any time after the Client:

7.3 If the Agreement is terminated in accordance with either clause 7.1 or 7.2 above:

8.1 Howrah Plumbing will effect and maintain workers’ compensation insurance and public liability insurance for an amount of not less than $20,000,000.

9.1 To the maximum extent permitted by law, Howrah Plumbing will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses (“Consequential Loss”).

9.2 Insofar as Howrah Plumbing may be liable, the maximum liability of Howrah Plumbing, whether in contract, tort, equity, under statute or otherwise for any loss, damage or injury arising directly or indirectly from any breach of Howrah Plumbing’s obligations under the Agreement is, except where applicable law expressly requires otherwise, limited, at the option of Howrah Plumbing, to any one or more of the following:

9.3 Under no circumstances will Howrah Plumbing be liable for any claims, damages, obligations, losses, liabilities, costs, debt and expenses (whether consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from:

9.4 The Client agrees to defend, indemnify, release from liability, and hold harmless Howrah Plumbing (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including consequential loss) arising from 9.3 above.

The Agreement and Quote contains the entire Agreement and there are no other promises or conditions whether oral or written. The Agreement supersedes any prior agreements and may only be modified in writing by agreement.

The Agreement will be governed by the laws for the time being in force in Tasmania and the parties agree to submit to the non-exclusive jurisdiction of the courts of Tasmania.

If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of the Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

The failure of either party to enforce any provision of the Agreement will not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of the Agreement.

Resolution of any dispute arising out of these terms and conditions will be in accordance with the Residential Building Work Contracts and Dispute Resolution Act 2016.