8947 3391

TERMS AND CONDITIONS

 

TERMS AND CONDITIONS OF ENGAGEMENT

You acknowledge and accept that the following is the basis on which you engage AHG Building Contractors Pty Ltd (ACN 052 220 596) trading as All Hours Plumbing NT (ABN 34 052 220 596): 

Interpretation 

  1. In this Agreement, unless and except to the extent that the context otherwise indicates or requires: 

Agreement means this agreement; 

Applicant means you. 

Associated Entities means the agents, employees, contractors or any other affiliated entities (be them incorporated entities or natural persons) of All Hours Plumbing NT; 

Business means All Hours Plumbing NT (ABN 34 052 220 596); 

Claim means any claims, suits, actions and damages; 

Credit Application means an application for commercial credit account. 

Guarantor means that person specified as guarantor in the execution page (if applicable); 

GST has the same meaning as in the GST Law; GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth); 

Items means any equipment, consumables, personal property or any other items provided by All Hours Plumbing NT; and 

Quote means a document provided to you by All Hours Plumbing NT setting out a fee or price. 

Works means the works to be performed or the supply of goods, products, equipment or parts by All Hours Plumbing NT, as specified in their Agreement or Proposal. 

  1. This Agreement is to be read in conjunction with the Quote or such other agreement or proposal provided to you by All Hours Plumbing NT. 

Commencement 

  1. This Agreement commences on the earlier of the date you sign the Agreement or the date All Hours Plumbing NT actually commences the Works or supplies or installs the goods, products, equipment or parts. 

Conditions 

  1. All Hours Plumbing NT agrees to perform the Works and supply the Items identified, in exchange for the amount specified in the Quote. 
  2. The price for all products supplied shall be the current price as at the date or day of delivery to the applicant unless written agreement is reached by the Business and the Applicant. 
  3. You acknowledge that All Hours Plumbing NT will issue invoices for the Works and Items provided and agree to pay within the timeframe specified on the invoice. 
  4. 7. If you have authorised All Hours Plumbing NT or a third party to deduct funds from your account or credit card and there are insufficient funds or the account has been closed on the date the deduction is due or for some other reason the deduction cannot occur, All Hours Plumbing NT reserves the right, where it is legally able to do so, to on charge to you any fee charged by All Hours Plumbing NT’s financial institution or direct debit provider as a result of the unsuccessful transaction and where applicable, to make multiple attempts to charge your account or credit card. 
  5. Statements for any unpaid invoices will be issued from time to time, however liability for payment is not dependent upon the issue of any such statement. 
  6. If the applicant defaults on any of the terms of this Agreement, or in the opinion of the Business commits an act of insolvency then the Business may suspend credit facilities without notice and all unpaid accounts become immediately due and payable irrespective of the date of issue. 
  7. In the event that the invoice or fee instalment (as appropriate) remains unpaid at 7 days from the date the payment was due, All Hours Plumbing NT reserves the right, in addition to their rights at common law or otherwise, to apply to a debt collection agency or lawyer to assist with the recovery of the amount AND to accept any further business from you on a cash only basis. 
  8. Any payment not paid by the due date will incur interest at the rate of 5% per annum on the outstanding invoice. 
  9. You agree to pay any costs, expenses and disbursements incurred by All Hours Plumbing NT in recovering any outstanding money from you, including any debt collection agency and legal costs.
  10. All Hours Plumbing NT may in its absolute discretion at any time, or from time to time request an upfront payment prior to commencing the Works. 
  11. All Hours Plumbing NT may in its absolute discretion, at any time, or from time to time, decline the provision of any Service or Items to you. 

Delivery 

  1. While the Business will make every effort to deliver the goods or perform its obligations by the time and date given by the Business, it will not be held liable for any loss arising because of a delay in performance or delivery. It being understood that times or dates of delivery or performance are business estimates only and not contractual obligations by the Business. 

Retention of Title 

  1. Ownership of the goods remains that of the Business. It shall only pass to the applicant once payment is received in full. Prior to this the Business has the right to retrieve any and all goods and deal with and resell them in it’s absolute discretion. In this respect the applicant authorises the Business to enter any premises or property for the purpose of retrieving such goods. The applicant accepts full responsibility for the goods as and from the date of delivery and indemnifies the Business from any loss that might be sustained after that time. 
  2. You agree that this retention of title is a security interest within the meaning of the Personal Property Securities Act 2009 (Cth) (“PPSA”). 
  3. You agree that sections 95, 130, 132 (3) (d), 132 (4), 135 and 143 of the PPSA will have no application to this Agreement and waive your rights under section 157 of the PPSA to receive a notice under that section. 
  4. You must immediately, if requested by All Hours Plumbing NT, sign any documents, provide all necessary information and do anything else required by All Hours Plumbing NT to ensure that the Business’s security interest is a perfect security interest. 

GST 

  1. If, and to the extent, any supply of goods or services under this Agreement is a taxable supply within the meaning of the GST Law, the price for the goods or services will be 

increased to include GST payable by All Hours Plumbing NT in respect of the supply. 

Indemnity and Release 

  1. To the extent permitted by law, you agree to release and hold harmless All Hours Plumbing NT and the Associated Entities from all liability for any loss or damage (including property damage) howsoever arising from your engagement of All Hours Plumbing NT. 
  2. To the extent that the above clause is ineffective, you unconditionally and irrevocably indemnify All Hours Plumbing NT and the Associated Entities against any and all demands, claims, suits, actions and damages that may be incurred or brought against All Hours Plumbing NT and the Associated Entities in relation to this Agreement and agree to indemnify All Hours Plumbing NT for any liabilities losses, costs and expenses which may be brought against, suffered or incurred by All Hours Plumbing NT and the Associated Entities as a direct or indirect result of any claim in respect of this Agreement. 
  3. 23. Your obligations under this Agreement are primary obligations and neither All Hours Plumbing NT nor the Associated Entities are obliged to proceed against or enforce any other right against any person or property or demand payment from any other person before making a demand for payment from you under this Agreement. 

Variations 

  1. Quotations are provided as a pricing guide only, not a contracted agreement. 
  2. 25. The parties may vary the Quote by agreement. 
  3. 26. The parties agree that any variation to the Quote will not be effective unless confirmed by All Hours Plumbing NT in writing. 

Change in Circumstance 

  1. 27. Any change in legal standing or address of the applicant must be conveyed to the Business by written notification within 30 days of the change taking place. All credit facilities approved pursuant to the terms and conditions of the credit application form shall be deemed to continue in the name(s) of the original applicant until a fresh application form is received by the Business’s credit manager. In the interim the original applicant will remain liable for any costs/fees and/or outstanding monies or orders 

Guarantor 

  1. 28. In consideration for entering into this Agreement at the request of the Guarantors (for which the Guarantors acknowledge receipt of valuable consideration from All Hours Plumbing NT), the Guarantors (as testified by their execution of this Agreement): 
  2. a. unconditionally and irrevocably guarantee to All Hours Plumbing NT the due and punctual performance and observance by you of your obligations under this Agreement, including any obligation to pay money; and 
  3. b. Unconditionally and irrevocably indemnify All Hours Plumbing NT against all liability or loss arising from (and any costs, charges or expenses incurred in connection with) a breach or non-payment by you of this Agreement, including a breach of the obligation to pay money and a liquidator disclaiming this Agreement. 
  4. 29. It is not necessary for All Hours Plumbing NT to incur expense or make payment before enforcing the right of indemnity contained in this Agreement. The Guarantors waive any rights they have of first requiring All Hours Plumbing NT to commence proceedings or enforce any other right against you or any other person before claiming under this Agreement. 
  5. 30. The Guarantors agree to pay or reimburse All Hours Plumbing NT on demand for all costs, charges, expenses, stamp duty, fees, taxes and any other money expended for enforcing, making or doing anything with respect to this Agreement. 

Termination 

  1. 31. You agree that if you breach any term of this Agreement, without prejudice to any other right or remedy that All Hours Plumbing NT has at law or under this Agreement, All Hours Plumbing NT reserves the right to unilaterally terminate this Agreement. 
  2. 32. If this Agreement is terminated, without limiting any other remedies or rights All Hours Plumbing NT has at law or under this Agreement, all outstanding monies owed to All Hours Plumbing NT becomes immediately due and payable. 

Interpretation and General Matters 

  1. 33. You guarantee and warrant that you have authority to enter into this Agreement. 
  2. 34. No provision of this Agreement shall be interpreted as to require All Hours Plumbing NT to advance any sum of money or provide any items at any time. 
  3. 35. Your obligations as contained in this Agreement are absolute and unconditional. They are not subject to any set-off, counter claims or conditions. Your obligations will not be affected by anything which might abrogate, prejudice or limit them or the effectiveness of this Agreement. 
  4. 36. A right in favour of All Hours Plumbing NT or the Associated Entities under this Agreement or a breach of an obligation owed by you can only be waived by an instrument, duly executed by All Hours Plumbing NT. No other act, omission or delay of All Hours Plumbing NT or the Associated Entities will constitute a waiver binding against, or estoppel against, either All Hours Plumbing NT or the Associated Entities. 
  5. 37. If it is held by a Court of competent jurisdiction that: 

(a) any part of this Agreement is void, voidable, illegal or unenforceable; or 

(b) this Agreement would be void, voidable, illegal or unenforceable unless any part of this Agreement was severed from this Agreement; that part shall be severed from and shall not affect the continued operation of the rest of this Agreement. 

  1. 38. Any part of this Agreement can be pleaded as a bar to proceedings. 
  2. 39. This Agreement is governed by and is to be construed in accordance with the laws applicable in the Northern Territory of Australia. The parties irrevocably and unconditionally submit themselves to the nonexclusive jurisdiction of the courts exercising jurisdiction in the Northern Territory of Australia (and any courts which have jurisdiction to hear any appeals from any of those courts). 
  3. 40. By signing this Agreement you confirm that you have read and understood the Agreement herein in its entirety. 

Executed by the undersigned as an Agreement: 

…………………………………………………………………………… 

Name of client 

…………………………………………………………………………… 

Signature of Client or Authorised Representative 

………………………………………………………. 

Role or position held of signatory 

Date:

 

Executed by the undersigned as Guarantor 

…………………………………………………………………………… 

Name of Guarantor 

…………………………………………………………………………… 

Signature of Guarantor 

Date