PERFORMANCE OF CONTRACT 1.For the consideration stated in this Agreement, Fixed Today (The Firm) agree that the Work will be performed in a manner, using suitable materials within a reasonable time and by or under the control and supervision of the holder of a license in compliance with NSW Legislation.
DESCRIPTION OF WORK 2. The description of work is based on the inspection by a representative of The Firm, but the actual extent of work involved in some cases may not be evident before the work commences. Any estimate or budget price given by the representative from the Firm is in good faith but without any warranty as to the final amount payable The Firm will as soon as practical advise the Client of any substantial unforeseen problems and any increase in price, and so the Client should ensure he or she can be contacted and recognise that, aged and deteriorated plumbing fixtures, piping and appurtenances may no longer be serviceable and I agree to hold Fixed Today blameless for any damage or destruction to those items as a result of these conventional repair efforts.
VARIATIONS 3. The Work may be varied by written agreement between the Client and The Firm. Any variation to the work may incur additional charges for materials and other items.
FLAT RATE JOBS 4. Conditions of flat rate jobs are not based on time and a breakdown of time and material will not be given except in percentages.
OTHER EXTRAS 5. In addition to the changes indicated the Client must pay for such items such as special plant and equipment hire, statutory permit or inspection fees, which The Firm considers are required to carry out the Work. Receipts for such payment will be made available if required. Any additional treatment required to comply with legislation will be specified in the account rendered. The Client shall reimburse The Firm the amount of such payments plus 15%.
PAYMENT 6. Progress of final payment claims shall be made daily, weekly or on completion whichever The Firm request. Payments shall be payable on demand or within seven days net from the date of issue.
INTEREST ON UNPAID AMOUNTS 7. The Client shall pay The Firm interest on any amount not paid within 14 days from the due date or the date of termination pursuant to clause 6. The interest shall be at the Bankcard interest rate, current as such date and shall be calculated from such date until the date of payment.
DRAIN BLOCKAGES 8. The presence of root growth or blockages generally indicates damaged pipes. The damage cannot be rectified by simply removing the root growth or clearing of drain. For that reason, removal of root growth or the blockage alone carries no warranty that similar problems will not occur.
TERMINATION OF CONTRACT 9. The Client may terminate the contract before completion of the Work. If the Client instructs The Firm to cease work before the Works completed, the Client shall immediately pay for all necessary inspections by any relevant authority and all work carried out and materials used up to the time. The Firm ceases work, including any work carried out after the Client’s instructions are given in order to the site of Work secure as to the health and safety as required by relevant legislation. In addition the Client must pay for any materials The Firm for the Work which The Firm is unable to reuse for work it is contracted to perform for the other clients. The value to be solely determined by The Firm.
DISPUTES 10. If any dispute arises between the client as to matters concerning the performance of the contract, the client complaining shall immediately notify The firm in writing of the particular mater in dispute. If a written notice of complaint is not given then it is presumed that the work has been carried out to the satisfaction of both parties.
NOTE ON SETTLEMENT OF DISPUTES 11. If differences still persist despite discussion then the Client and The Firm agree that before commencing any legal proceedings they will attempt to resolve those differences by mediation before a qualified mediator. The costs of such mediation to be born equally between the Client and The Firm.
LIMIT OF LIABILITY 12.1 except as expressly stated in their Agreement the Firm makes no warranties or representations, express or implied as to the merchants ability or fitness for purpose of any materials or services provided. The Firm shall not be liable for any losses or damages what so ever suffered by the Client or any other person as a result of any work performed or of any failure by the Company. 12.2 Where the Trade Practices Act 1974 or any other legislation implies any warranties or conditions into this Agreement or imposes any obligations on The Firm in favour of the Client which cannot be excluded, restricted or modified, or it is so to a limited extent The Firm is entitled so to do its liability to the Client shall, at its option, be limited to: 12.2.1 case of materials or goods: (i) the replacement of the materials or goods or the supply of equipment materials or goods; (ii) the payment of the costs of replacing the materials or goods or at acquiring equivalent materials or goods; (iii) the payment of the costs of repairing the materials or goods, or (iv) the repair of the materials or goods; and 12.2.2 in the case of services (i) the supply of the services again; (ii) the payment of the cost of having the services supplied again CLEARING OF BLOCKED DRAINS Dear Customer, The attached invoice has been rendered for the CLEARING ONLY, of a blocked drain. Simple clearing the drain does not imply that the cause of the blockage has been rectified. Blocked drains are generally caused by any one of the following factors (a) Tree roots (b) Faulty joints or broken pipes caused by movement of the surrounding ground or building. (c) Objects which have entered the drain e.g. children’s toys, sanitary napkins/tampons, disposable nappies. The association suggest that when a drain blocks for a second time, you request further investigations to determine the cause. Once the cause is located an estimate of the cost of rectification can be made. We thank you for your valued business and hope that you will appreciate that in most instances, it is not possible to precisely determine a fault in the unseen. E.g. an underground drain, without a thorough investigation.