Brisbane Plumbing and Gas

Terms and Conditions for the Provision of Services and Goods

Effective date: 14 July 2026

These Terms and Conditions apply to services and goods supplied by Brisbane Plumbing and Gas Pty Ltd ABN 85 834 636 071, trading as Brisbane Plumbing and Gas.

QBCC Licence Number: 1082299

1. Interpretation

In these Terms:

Agreement means an agreement between the Company and the Customer for the provision of Services, comprising these Terms, the applicable Authorisation and any accepted written Variation.

Authorisation means a written quotation, proposal, work order or authorisation to carry out plumbing, drainage, gas or associated work provided by the Company to the Customer. It includes the scope of Services, Quotation Price and any applicable payment requirements.

Booking Deposit means the non-refundable booking deposit of $79, including GST, payable before confirmation of a standard service appointment unless the Company specifies otherwise in writing.

Company means Brisbane Plumbing and Gas Pty Ltd ABN 85 834 636 071, trading as Brisbane Plumbing and Gas.

Customer means the person, business, property owner, occupier or other entity requesting or purchasing Services from the Company, as identified in the Authorisation.

Deposit means a deposit required for accepted quoted works, in the amount or percentage specified in the applicable Authorisation or invoice.

Goods means products, parts, fixtures, appliances, equipment and materials purchased or supplied by the Company in connection with the Services.

Payment Dates means the dates specified in the Authorisation or invoice or otherwise agreed in writing by the parties.

PPSA means the Personal Property Securities Act 2009 (Cth).

Price means the Quotation Price as adjusted in accordance with these Terms and any accepted Variation.

Quotation Price means the amount payable for the Services as detailed in the Authorisation, including applicable GST and any stated delivery or associated charges.

Request for Services means a request submitted by the Customer asking the Company to provide Services.

Services means the services and Goods to be supplied by the Company as described in the Authorisation or otherwise agreed in writing.

Site means the property or location at which the Services are to be performed or Goods are to be delivered.

Variation means a written amendment to the Services, Price, materials, timing or other terms of an Authorisation.

Website means the Company’s website.

2. Application of these Terms

These Terms apply to the supply of all Services and Goods by the Company unless the Company expressly agrees otherwise in writing.

These Terms apply despite any conflicting terms proposed by the Customer, unless those conflicting terms are expressly accepted in writing by an authorised representative of the Company.

The Agreement constitutes the entire agreement between the Company and the Customer concerning the relevant Services, subject to any rights or guarantees that cannot lawfully be excluded.

3. Formation of an Agreement

An Agreement may be formed in the following way:

  1. The Customer submits a Request for Services.
  2. The Company provides an Authorisation.
  3. The Customer accepts the Authorisation in writing, electronically, by signing it, approving it through the Company’s software, replying with written acceptance or otherwise clearly confirming acceptance.
  4. Where a Deposit is required, the Deposit is paid in accordance with the Authorisation.

Unless the Company agrees otherwise in writing, an appointment or scheduled period for quoted works is not secured until the required Deposit has been received.

Acceptance of an Authorisation confirms that the Customer has reviewed and accepts:

  • the scope of Services;
  • the Quotation Price;
  • these Terms;
  • the applicable Deposit;
  • the proposed payment arrangements; and
  • any stated exclusions, assumptions or special conditions.

4. Customer Information

The Customer must provide all information reasonably required by the Company to assess, quote, schedule and perform the Services.

The Customer warrants that the information provided to the Company is accurate, complete and not misleading.

The Customer is responsible for deficiencies, delays, additional work or additional costs caused by incomplete, inaccurate or misleading information provided by or on behalf of the Customer.

The Company will not be liable for loss or damage arising from inadequate or inaccurate information provided by the Customer, except to the extent that the loss or damage was caused by the Company’s negligence, breach of the Agreement or breach of applicable law.

5. Quotations and Prices

Unless otherwise stated in the Authorisation, a quotation is valid for two days from the date it is issued and may be withdrawn or revised after that period.

The Quotation Price is based on the information available to the Company and the conditions reasonably anticipated at the time the Authorisation is prepared.

The Company may provide options or recommendations at different price points. The Customer remains responsible for selecting the option they consider appropriate.

Before commencing affected work, the Company may revise the Quotation Price where additional costs arise because of:

  • concealed, unforeseen or materially different Site conditions;
  • inaccurate or incomplete information supplied by the Customer;
  • changes requested by the Customer;
  • changes in the required Services, specifications or quantities;
  • significant increases in the cost or availability of Goods, materials, labour or delivery;
  • delays caused by the Customer or another person for whom the Customer is responsible;
  • hazardous materials, unsafe conditions or compliance issues;
  • work performed by another contractor;
  • taxation or government charge changes; or
  • circumstances outside the Company’s reasonable control.

Except where urgent work is reasonably necessary to protect people or property, the Company will obtain the Customer’s approval to a Variation before undertaking additional chargeable work.

If the Customer does not accept a proposed price change before the affected work begins, the Customer may cancel the unperformed portion of the Services, subject to the payment and cancellation provisions of these Terms.

6. Variations

Where the Customer requests or the Company identifies a required Variation, the Company may provide a written Variation setting out:

  • the amended Services;
  • any amended Price;
  • any additional Deposit or progress payment;
  • changes to Goods or materials; and
  • any likely change to the scheduled or estimated completion time.

The Customer must accept the Variation before the Company is required to perform the varied Services.

Electronic acceptance of a Variation is sufficient.

Urgent protective or safety work may be carried out without prior written approval where it is reasonably necessary to prevent imminent injury, damage or further loss and it is not reasonably practicable to first obtain the Customer’s instructions.

The Customer will be responsible for the reasonable cost of that work, subject to applicable law.

7. Scheduling and Completion

Any commencement time, appointment time or completion date provided by the Company is an estimate unless expressly stated to be fixed.

Estimated timeframes are based on the conditions and information available when the estimate is given.

The Company may reasonably reschedule or extend a timeframe because of:

  • emergency call-outs;
  • technician illness or unavailability;
  • delays in obtaining Goods or materials;
  • weather;
  • unsafe Site conditions;
  • access restrictions;
  • work by other contractors;
  • Variations;
  • concealed or unexpected Site conditions; or
  • other circumstances beyond the Company’s reasonable control.

To the maximum extent permitted by law, the Company will not be liable for indirect or consequential loss arising solely from a reasonable delay in commencing or completing the Services.

Nothing in this section limits any right the Customer may have where the Company fails to provide the Services within a reasonable time and the Australian Consumer Law applies.

8. Booking Deposit for Standard Appointments

8.1 Booking Deposit

Unless otherwise agreed in writing, a Booking Deposit of $79, including GST, must be paid before a standard service appointment is confirmed.

The Booking Deposit secures:

  • an allocated appointment period;
  • technician and vehicle availability;
  • scheduling and administration resources;
  • attendance at the Site;
  • an initial inspection and assessment; and
  • the preparation and explanation of available recommendations where applicable.

No appointment is confirmed until the Booking Deposit has been received.

8.2 Application of the Booking Deposit

Where the Company performs chargeable repair, maintenance, replacement or installation work during the appointment, the Booking Deposit will ordinarily be credited towards the applicable invoice.

If no further work proceeds following attendance, inspection or assessment, the Booking Deposit will be retained as payment for the technician’s attendance, assessment, time, expertise, vehicle and equipment allocation, administration and scheduling costs.

The Booking Deposit does not include physical repair work, replacement work, maintenance, extended diagnostic work, Goods, materials or additional labour unless expressly stated in writing.

8.3 Customer Cancellation or Rescheduling

The Booking Deposit may be forfeited where the Customer:

  • cancels within 24 hours of the scheduled appointment;
  • requests to reschedule within 24 hours of the scheduled appointment;
  • fails to attend or is unavailable at the scheduled time;
  • does not provide safe and reasonable access to the Site;
  • provides an incorrect Site address; or
  • provides incomplete or inaccurate information that prevents the appointment from proceeding.

Where more than 24 hours’ notice is provided, the Company may, acting reasonably and at its discretion, transfer the Booking Deposit to a rescheduled appointment.

8.4 Company Rescheduling

If the Company reschedules an appointment because of circumstances beyond its reasonable control, the Booking Deposit will be transferred to the rescheduled appointment.

If the Company cannot provide the appointment and cannot offer a reasonable alternative appointment, the Customer may request that the Booking Deposit be refunded.

9. Acceptance of Quoted Works and Deposit

9.1 Deposit Requirement

An Authorisation for quoted works may require the Customer to pay a Deposit before the work is scheduled or commenced.

The applicable Deposit amount or percentage will be stated clearly in the Authorisation, invoice or other written payment request for the particular job.

The Deposit must not exceed any maximum amount permitted under applicable Queensland legislation.

Unless the Company agrees otherwise in writing:

  • accepting the Authorisation alone does not secure the proposed work date;
  • the proposed work date is not secured until the Deposit has cleared;
  • the Company is not required to order Goods or materials before receiving the Deposit; and
  • the Company may offer the proposed time to another customer until the Deposit has been received.

9.2 Action Taken After Payment

Once the Customer has accepted the Authorisation and paid the required Deposit, the Company may immediately begin:

  • scheduling and allocating the work;
  • reserving technicians, vehicles and equipment;
  • purchasing or ordering required Goods and materials;
  • arranging subcontractors or specialist contractors;
  • undertaking administrative and project-planning work;
  • refusing or rescheduling other work for the appointed period; and
  • incurring delivery, supplier, fabrication or restocking commitments.

The Customer acknowledges that the Company may incur costs and lose other work from the time the Deposit is paid, even though physical work at the Site has not yet commenced.

9.3 Cancellation After Acceptance and Payment

Subject to any non-excludable statutory rights, including any applicable cooling-off rights, if the Customer cancels quoted works after accepting the Authorisation and paying the Deposit, the Deposit will ordinarily be retained by the Company as a cancellation fee.

The Deposit may be applied towards the Company’s reasonable costs and losses arising from the cancellation, including:

  • administration and scheduling costs;
  • project-planning and procurement time;
  • supplier cancellation or restocking fees;
  • delivery and return costs;
  • non-refundable, specially ordered, opened, altered or custom Goods;
  • costs of subcontractors or other resources committed to the work;
  • reasonable labour costs already incurred;
  • the reasonable cost of storing Goods;
  • loss arising from refusing or being unable to replace other work reserved for the appointed day; and
  • other reasonable costs directly associated with the cancelled project.

The amount retained will not exceed the Company’s reasonable costs and losses arising from the cancellation, subject to applicable law.

9.4 Costs Greater Than the Deposit

If the Company’s reasonable cancellation costs and losses are greater than the Deposit paid, the Company may issue an additional invoice for the balance.

Any additional amount claimed will take account of:

  • the Deposit already paid;
  • costs avoided or saved because of the cancellation;
  • Goods or materials that can reasonably be returned or used on another project; and
  • reasonable steps taken by the Company to reduce its loss.

The Company will provide a reasonable explanation or itemisation of additional cancellation costs if requested by the Customer.

9.5 Discretionary Future Credit

In limited circumstances, the Company may elect to credit part of a retained Deposit towards future Services for the same Customer.

Whether a credit is offered, and the amount and conditions of that credit, will depend on factors including:

  • the amount of the Deposit;
  • how much notice the Customer provided;
  • the reason for cancellation;
  • the work already performed;
  • Goods or materials already ordered;
  • restocking and supplier fees;
  • whether the scheduled time can be filled with other work; and
  • the overall costs and circumstances associated with the cancellation.

A future credit will only apply where it is expressly approved in writing by a director of the Company.

A discretionary credit:

  • is not an entitlement;
  • does not constitute a cash refund;
  • may be subject to an expiry date or stated conditions;
  • cannot be transferred to another person unless approved in writing; and
  • does not establish a precedent for any other cancellation.

9.6 Statutory Rights

Nothing in this section requires a Customer to pay a cancellation fee where cancellation results from the Company’s material breach of the Agreement.

Nothing in this section excludes or modifies any cooling-off period, consumer guarantee or other right that cannot lawfully be excluded.

10. Payments

Unless otherwise agreed in writing, full payment is due immediately upon completion of the Services and before the technician leaves the Site.

The Customer must pay the Price without deduction, withholding or set-off, except where permitted by law.

Where the Authorisation provides for progress payments, instalments or Payment Dates, the Customer must make each payment in accordance with that schedule.

Where the Customer authorises credit-card payments, the Customer authorises the Company to process the applicable payments on the Payment Dates set out in the Authorisation.

If a payment is declined or dishonoured, the Company may issue a notice requiring payment.

If the outstanding amount is not paid within seven days after that notice, the Company may issue a further invoice for the total outstanding amount.

Allowing additional time for payment does not waive the Company’s rights under the Agreement.

The Customer must reimburse the Company for reasonable debt-recovery expenses, legal costs and other reasonable expenses incurred in recovering an overdue amount, to the extent permitted by law.

Before exercising further rights in relation to non-payment, the Company may issue a default notice allowing the Customer at least 14 days to remedy the default.

If the default is not remedied within the stated period, the Company may, acting reasonably and to the extent permitted by law:

  • charge interest on the overdue amount at 5% per annum from the date the payment became overdue; and
  • charge a reasonable administrative fee reflecting the cost of managing the overdue account, not exceeding 5% of the overdue amount.

11. Customer Responsibilities and Site Access

The Customer must provide the Company with safe, lawful, reasonable and uninterrupted access to the Site for the period reasonably required to perform the Services.

The Customer must:

  • ensure an authorised adult is available where reasonably required;
  • identify known hazards;
  • disclose the known location of services, pipes, electrical cables and underground infrastructure;
  • secure pets and other animals;
  • remove or protect fragile and valuable items;
  • obtain any required body corporate, landlord, owner or third-party approval;
  • provide access to water, electricity and other utilities where reasonably required;
  • ensure areas in which the Company is required to work are reasonably clear and accessible; and
  • tell the Company about any asbestos or suspected hazardous material.

The Customer warrants that they are the owner of the Site or are properly authorised by the owner to engage the Company.

Building and construction areas must comply with applicable work health and safety requirements and other relevant safety standards.

The Company may refuse to commence or may suspend work where it reasonably believes that the Site is unsafe, inaccessible or unlawful.

Unless otherwise agreed in writing, the Company is not responsible for removing general household waste, pre-existing rubbish or materials belonging to other contractors.

Where the Customer is supplying Goods or arranging other services required for the Company’s work, the Customer must ensure those Goods and services are available and ready when reasonably required.

Additional attendance, delay or labour caused by the Site not being ready may be charged to the Customer.

12. Concealed and Pre-Existing Conditions

Plumbing, drainage, gas and hot-water systems may contain concealed, inaccessible or pre-existing defects that cannot reasonably be identified before work begins.

The Company is not responsible for a pre-existing defect or for damage that could not reasonably have been avoided while properly performing the Services.

Examples may include:

  • corroded or brittle pipes;
  • concealed leaks;
  • non-compliant existing work;
  • deteriorated seals, fittings or fixtures;
  • incorrect previous installations;
  • damaged underground services;
  • asbestos or hazardous materials;
  • structural defects;
  • inadequate access;
  • hidden blockages;
  • tree-root intrusion;
  • ground movement; or
  • components that fail when disturbed because of age or deterioration.

Where an unforeseen condition is identified, the Company may stop work and provide recommendations or a Variation before continuing.

13. Title and Risk

For Goods supplied as part of the Services:

  1. title to the Goods will not pass to the Customer until the Price and all other amounts owing in connection with those Goods have been paid in full;
  2. risk in the Goods passes to the Customer upon delivery to the Site, installation or collection, whichever occurs first;
  3. until title passes, the Customer must not sell, dispose of, encumber or deliberately damage the Goods; and
  4. to the extent permitted by law, the Company may recover removable Goods for which it has not been paid, provided the Goods have not become fixtures or otherwise become legally irrecoverable.

If the Customer sells or disposes of Goods before paying the Company in full, the proceeds received in respect of those Goods must be held for the Company and paid to the Company to the extent of the amount outstanding.

14. Personal Property Securities Act

Where Goods supplied by the Company remain personal property and title has not passed to the Customer, the Customer acknowledges and agrees that:

  1. the Goods may constitute personal property for the purposes of the PPSA;
  2. the Agreement may constitute a security agreement for the purposes of the PPSA;
  3. the Customer grants the Company a purchase-money security interest in the Goods and their proceeds to secure amounts owing to the Company;
  4. the Company may register its security interest on the Personal Property Securities Register;
  5. the Customer must provide information and reasonable assistance required for registration;
  6. the Customer must notify the Company before changing information relevant to a registration; and
  7. where permitted by law, the Customer must reimburse the Company for the reasonable cost of registering and maintaining the registration.

The Company is not required to give a notice under the PPSA unless the notice is required and cannot lawfully be excluded.

No party may disclose information referred to in section 275(1) of the PPSA except where disclosure is permitted or required by law.

The Customer appoints the Company as its attorney solely for the purpose of signing documents reasonably required to protect or enforce the Company’s rights under this section.

To the maximum extent permitted by law, the Customer waives rights under, and the parties contract out of, sections 95, 118, 123, 125, 128, 129, 130, 132(1), 132(4), 135, 142 and 143 of the PPSA.

Terms used in this section have the meanings given under the PPSA unless the context requires otherwise.

15. Australian Consumer Law

Nothing in the Agreement excludes, restricts or modifies any right, consumer guarantee, condition, warranty or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

Where the Australian Consumer Law applies, Goods must satisfy the applicable consumer guarantees and Services must be provided with due care and skill, be fit for any disclosed purpose and be supplied within a reasonable time where no time is agreed.

Any express warranty provided by the Company is in addition to, and does not replace or limit, the Customer’s rights under the Australian Consumer Law.

The expiry of an express warranty period does not of itself extinguish any continuing statutory rights the Customer may have.

16. Twelve-Month Workmanship Warranty

Subject to these Terms, the Company provides a 12-month voluntary warranty covering defects caused directly by the Company’s workmanship.

The 12-month period begins on the date the relevant Services are completed.

Proof of purchase and full payment for the relevant Services may be required before a workmanship-warranty claim is assessed.

Where the Company determines, acting reasonably, that a defect was caused by its workmanship during the warranty period, the Company will return and rectify that defective workmanship within a reasonable time and without charge to the Customer.

The workmanship warranty applies only to the specific Services performed by the Company.

The workmanship warranty does not apply to:

  • unrelated or pre-existing defects;
  • normal wear and tear;
  • misuse, neglect or accidental damage;
  • damage caused by another person;
  • work altered, repaired or interfered with by another contractor;
  • defects in Customer-supplied Goods;
  • manufacturer defects;
  • corrosion, deterioration or failure of existing components;
  • water quality or pressure issues outside the Company’s control;
  • movement of buildings, soil or structures;
  • vermin, roots, weather, flooding or other external causes;
  • failure to follow instructions or maintenance recommendations;
  • consumable components;
  • blocked drains unless a written warranty was expressly provided; or
  • anything expressly excluded in the Authorisation.

The Company is not responsible for fees charged by another plumbing, drainage or gas company attending alleged defective work unless:

  • the Company was first notified;
  • the Company was given a reasonable opportunity to inspect and rectify the issue; and
  • the external attendance was approved in writing by the Company or was reasonably necessary in an emergency.

If the Company attends a reported warranty issue and determines that the issue was not caused by the Company’s workmanship, the Company may charge its applicable attendance, diagnostic and labour fees.

17. Parts, Materials and Manufacturer Warranties

Parts and materials supplied by the Company carry a 12-month voluntary warranty from the date of installation unless otherwise stated in writing.

A manufacturer may provide a separate warranty for a product. Any manufacturer warranty is provided by the manufacturer and is subject to the manufacturer’s own terms, exclusions and claim procedures.

Where reasonably practicable, the Company may assist the Customer in making a valid manufacturer-warranty claim.

Additional labour, freight, removal, reinstallation or attendance costs are not included unless covered by the manufacturer, the Company expressly agrees otherwise or applicable law requires otherwise.

Manufacturer warranties and the Company’s voluntary warranties are in addition to any rights the Customer may have under the Australian Consumer Law.

18. Examples of Workmanship and Product Issues

If a connection leaks because the Company failed to apply or install a required sealing product correctly, the Company will rectify the defective installation under the 12-month workmanship warranty.

If a rubber seal fails because of a product defect within the applicable period, the issue may be handled under the Company’s 12-month parts and materials warranty, a manufacturer warranty or the Australian Consumer Law, as applicable.

If a seal leaks because it was installed incorrectly by the Company, the issue will be handled under the 12-month workmanship warranty.

If a cistern valve installed by the Company fails because of a defect in the valve, it may be covered by the applicable parts, manufacturer or statutory warranty.

If a cistern valve fails because it was installed incorrectly by the Company, the issue will be handled under the 12-month workmanship warranty.

19. Hot-Water Systems

Hot-water systems supplied by the Company may be covered by a manufacturer warranty subject to the manufacturer’s terms.

The Company provides a 12-month workmanship warranty for its hot-water-system installation or repair work.

Parts and materials supplied by the Company in connection with hot-water-system Services carry a 12-month voluntary warranty unless otherwise stated in writing.

This section does not cover faults caused by:

  • manufacturer defects;
  • interrupted or inadequate electricity or gas supply;
  • water quality;
  • excessive water pressure;
  • unauthorised alterations;
  • failure to service or maintain the system;
  • external damage;
  • pre-existing pipework or electrical faults; or
  • circumstances outside the Company’s reasonable control.

The Customer retains any rights available under the Australian Consumer Law.

20. Tapware

Tapware supplied and installed by the Company carries a 12-month voluntary parts-and-workmanship warranty unless otherwise stated in writing.

Any additional manufacturer warranty is subject to the manufacturer’s terms.

The warranty does not cover damage caused by misuse, harsh cleaning products, abrasive materials, water quality, excessive water pressure, normal wear, unauthorised repairs or failure to follow care instructions.

21. Flexible Hoses

Flexible hoses supplied and installed by the Company carry a 12-month voluntary parts-and-workmanship warranty unless otherwise stated in writing.

The warranty does not cover external damage, misuse, vermin, corrosion caused by environmental conditions, movement of connected fixtures or other circumstances outside the Company’s reasonable control.

The Company recommends that flexible hoses be regularly inspected and replaced at intervals not exceeding five years, or sooner where recommended by the manufacturer or where deterioration is observed.

22. Toilets

Cistern internals, toilet pans and cisterns supplied and installed by the Company carry a 12-month voluntary parts-and-workmanship warranty unless otherwise stated in writing.

Any additional manufacturer warranty is subject to the manufacturer’s terms.

The warranty does not cover accidental damage, misuse, foreign objects, harsh cleaning chemicals, pre-existing drainage problems, movement of flooring or structures, water-quality issues or unauthorised alterations.

23. Defects and Warranty Claims

If the Customer considers that Services are incomplete, defective or inconsistent with the Authorisation, the Customer should notify the Company as soon as reasonably practicable.

Where possible, the Customer should provide:

  • their name and Site address;
  • the invoice or job reference;
  • a description of the issue;
  • photographs or video;
  • when the issue was first observed; and
  • details of any immediate safety concern.

The Company must be given a reasonable opportunity to inspect and, where responsible, rectify the issue.

The Customer should avoid arranging another contractor to alter or repair the relevant work before the Company has had that opportunity, except where immediate action is reasonably necessary to protect people or property.

Failure to notify the Company within seven days does not remove any right the Customer has under the Australian Consumer Law or other applicable legislation.

Where the Company determines that Services are defective or do not comply with the Agreement, the Company may provide an appropriate remedy, which may include:

  • rectifying or resupplying the affected Services;
  • repairing or replacing affected Goods;
  • providing a partial or full refund or credit; or
  • another remedy required by applicable law.

24. Blocked Drains

When attending a blocked drain involving underground pipework, the Company may recommend a camera inspection.

Without a camera inspection, it may not be possible to identify:

  • the exact cause of the blockage;
  • pipe damage;
  • root intrusion;
  • collapsed or displaced pipework;
  • foreign objects;
  • inadequate fall;
  • recurring defects; or
  • the likelihood of the drain blocking again.

Clearing a blockage does not mean that the underlying cause has been repaired.

Unless expressly confirmed in writing by the Company, no voluntary warranty is provided that an underground drain will remain clear following a blockage-clearing service.

The price of a camera inspection may be lower when performed during the same attendance as the initial drain-clearing work.

Any specific blocked-drain warranty will apply only where confirmed in writing and will be subject to the stated conditions and exclusions.

25. Excavation Work

Excavation areas will be made reasonably safe and tidied to the extent included in the Authorisation.

Excavation work may disturb:

  • soil;
  • gardens;
  • turf;
  • concrete;
  • paving;
  • tiles;
  • driveways;
  • landscaping; and
  • other surrounding surfaces.

Unless restoration is expressly included in the Authorisation, the Company does not guarantee that an excavated area will be returned to its original appearance or condition.

If the Customer requires landscaping, paving, concrete, tiling, specialist surface repair or full restoration, this must be identified during the quotation stage and may involve additional charges or another contractor.

26. Limitation of Liability

Nothing in this section limits liability that cannot lawfully be limited.

To the maximum extent permitted by law, where the Company is permitted to limit its liability for a failure relating to Services that are not ordinarily acquired for personal, domestic or household use, the Company’s liability may be limited, at its option, to:

  • supplying the Services again; or
  • paying the reasonable cost of having the Services supplied again.

Where the Company is permitted to limit its liability concerning Goods, its liability may be limited, at its option, to:

  • repairing the Goods;
  • replacing the Goods;
  • supplying equivalent Goods;
  • paying the cost of repair;
  • paying the cost of replacement; or
  • refunding the applicable amount paid.

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable.

This limitation does not apply to loss caused by fraud, wilful misconduct, personal injury or any liability that cannot lawfully be excluded.

27. Representations

The Customer acknowledges that recommendations may be based on the Site conditions and information available at the time of assessment.

The Customer must not rely on a representation, promise or guarantee that is not:

  • contained in the Authorisation;
  • contained in these Terms;
  • confirmed in writing by an authorised representative of the Company; or
  • imposed by law.

Nothing in this section excludes liability for misleading or deceptive conduct or any other liability that cannot lawfully be excluded.

28. Indemnities

To the maximum extent permitted by law, the Customer indemnifies the Company and its officers, employees and contractors against reasonable loss, damage, liability, claims and costs arising from:

  • the Customer’s material breach of the Agreement;
  • unlawful conduct by the Customer;
  • inaccurate information provided by the Customer;
  • an unsafe condition controlled by the Customer;
  • a lack of authority to engage the Company; or
  • a negligent or wilful act or omission of the Customer.

The indemnity does not apply to the extent that the loss was caused or contributed to by the negligence, breach or wilful misconduct of the Company.

To the maximum extent permitted by law, the Company indemnifies the Customer against loss directly arising from:

  • a negligent act or omission of the Company; or
  • the Company’s material breach of the Agreement or applicable law,

except to the extent that the loss was caused or contributed to by the Customer.

The limitations and indemnities in these Terms continue after completion or termination of the Agreement.

29. Suspension and Termination

The Customer may cancel the Agreement subject to:

  • any applicable statutory cooling-off rights;
  • the Booking Deposit provisions;
  • the quoted-works cancellation provisions;
  • payment for Services already performed;
  • payment for Goods already supplied or ordered; and
  • any other reasonable cancellation costs payable under these Terms.

Either party may terminate the Agreement immediately by written notice if the other party:

  • commits a material breach and does not remedy that breach within seven days after receiving written notice requiring it to do so; or
  • becomes insolvent, bankrupt or enters external administration.

The Company may suspend or terminate the Agreement where:

  • the Customer fails to make a required payment;
  • the Site is unsafe;
  • the Customer or another person engages in threatening, abusive, discriminatory or unsafe conduct;
  • the Customer prevents the Company from performing the Services;
  • required approvals have not been obtained;
  • the Company reasonably believes continuing the Services would be unlawful; or
  • the Customer materially breaches these Terms.

Upon termination, the Company may:

  • retain payment for Services already provided;
  • retain or apply a Booking Deposit in accordance with these Terms;
  • retain or apply a quoted-works Deposit in accordance with these Terms;
  • invoice for Goods ordered or supplied;
  • invoice for reasonable cancellation costs and losses;
  • cease further work;
  • remove its tools and removable unpaid Goods where lawful; and
  • exercise any other right available under the Agreement or law.

Termination does not affect rights or liabilities accrued before termination.

30. GST

Unless stated otherwise, amounts specified by the Company include GST.

If GST is imposed on a taxable supply made under the Agreement, the Customer must pay the applicable GST amount when payment for the taxable supply is due, subject to receiving a valid tax invoice where required by law.

31. Privacy

The Company recognises the importance of protecting the Customer’s personal information.

Personal information collected by the Company will be managed in accordance with the Company’s Privacy Policy and applicable privacy legislation.

The Privacy Policy is available on the Company’s Website and explains matters including:

  • why the Company collects personal information;
  • how the information may be used;
  • consequences of not providing requested information;
  • third parties to whom information may be disclosed;
  • how access or correction may be requested;
  • whether information may be disclosed overseas; and
  • how a privacy complaint may be made and handled.

32. Confidentiality and Intellectual Property

Plans, drawings, photographs, reports, specifications, estimates, pricing structures, designs, diagnostic findings and other materials prepared by the Company remain the Company’s intellectual property unless otherwise agreed in writing.

The Customer may use materials supplied by the Company for the purpose for which they were provided.

The Customer must not, without the Company’s written permission:

  • reproduce or commercially exploit the Company’s materials;
  • provide detailed proprietary quotations, designs or reports to a competitor for copying;
  • remove the Company’s branding;
  • claim ownership of the Company’s materials; or
  • publish confidential or commercially sensitive information.

Nothing in this section prevents the Customer from obtaining independent advice, exercising a legal right, making a genuine complaint or providing information where required by law.

33. Changes to these Terms

The Company may update these Terms from time to time by publishing an updated version on its Website.

Updated Terms will apply to future Agreements from their stated effective date.

An update will not retrospectively alter an existing Agreement unless:

  • the parties agree to the change in writing; or
  • the change is required by law.

34. Subcontracting

The Company may engage appropriately qualified employees, subcontractors or specialist service providers to perform part or all of the Services.

The Company remains responsible for the performance of its contractual obligations to the extent required by law.

35. Governing Law and Jurisdiction

The Agreement is governed by the laws of Queensland, Australia.

Subject to any applicable right to bring a claim in another jurisdiction, the parties submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland and any courts hearing appeals from them.

36. Notices

A notice under the Agreement must be in writing and sent by:

  • email;
  • text message where appropriate;
  • post; or
  • another electronic communication method ordinarily used between the parties.

A notice sent by email is taken to have been received on the day it is transmitted unless:

  • the sender receives a delivery-failure notification; or
  • the recipient provides reasonable evidence that it was not received.

A notice sent outside normal business hours may be treated as received on the next business day.

37. Force Majeure

Neither party is liable for delay or failure to perform an obligation, other than an obligation to pay money already due, where the delay or failure is caused by circumstances beyond that party’s reasonable control.

Such circumstances may include:

  • natural disasters;
  • severe weather;
  • fire or flood;
  • epidemics or public-health restrictions;
  • industrial action;
  • utility interruption;
  • transport disruption;
  • supplier failure;
  • material shortages;
  • government restrictions;
  • civil disturbance; or
  • serious illness or injury affecting essential personnel.

The affected party must take reasonable steps to reduce the effect of the event.

If the delay continues for more than 60 days, either party may terminate the unperformed portion of the Agreement by written notice, subject to payment for work performed, Goods ordered or supplied and other costs properly incurred before termination.

38. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary.

If it cannot be read down, it will be severed without affecting the remaining provisions.

39. Waiver

A delay or failure by either party to exercise a right does not waive that right.

A waiver is effective only if it is given in writing and applies only to the specific circumstance for which it is given.

40. Contact Details

Brisbane Plumbing and Gas Pty Ltd
Trading as Brisbane Plumbing and Gas
ABN: 85 834 636 071
QBCC Licence Number: 1082299

Phone: (07) 3532 1888
Email: [email protected]
Business address: 19/104 Barwon Street, Morningside, 4170, QLD

Website: www.bris-plumb-gas.com.au

 

Let's get that problem F.I.X.E.D.

Our Service Areas
19/104 Barwon Street
Morningside | QLD | 4170
Monday - Friday, 7:00 AM - 4:00 PM
Saturday - Sunday 7:00 AM - 12:00 PM
Closed on Public Holidays

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