JLT Plumbing Pty Ltd
Terms of Trade
‘JLT’ means JLT Plumbing Pty Ltd and its lawfully appointed agents, employees and assigns.
‘Client’ means any person or entity (including their lawfully appointed agents, employees and assigns) that agrees to receive or purchase materials or services from JLT.
2. Late payments
The Client agrees to pay:
1. any invoice issued by JLT within seven days from the date of issue, that is, the date appearing on the face of the invoice;
2. interest on all overdue invoiced amounts at 2% plus the rate set from time-to-time by schedule two of the Penalty Interest Rates Act 1983 (Vic); and
3. all legal costs and disbursements howsoever incurred in recovering any overdue invoiced amount.
3. Progress payments and deposits
The Client agrees to make progress payments if requested to do so by JLT. JLT in its sole discretion may make a request that progress payments be made at any time during the provision of materials or services and JLT is under no obligation to provide those materials or services until the required progress payment is made.
JLT may in its sole discretion request that a deposit be paid by the Client before the commencement of services or the provision of materials. Any deposit paid by the Client is non-refundable.
4. Laws, Safety Standards and Codes
The Client acknowledges that JLT is under a legal obligation to ensure that its works are safe and meet all applicable laws, safety standards and codes.
The Client agrees that JLT may be required to vary the materials or services supplied and the original quoted amount to comply with those applicable laws, safety standards and codes. If JLT is so required, the Client agrees that it will be liable to JLT for the varied amount.
If any form of asbestos or other hazardous material is discovered at the property owned or controlled by the Client, JLT will notify the client and may cease work until it has been removed and disposed of in compliance with the relevant legislation.
The cost of removal and disposal of any hazardous waste or substance will be met by the Client.
The Client agrees that:
1. all work will attract a minimum of a one hour charge out rate; and
2. work required to be done on a Saturday or Sunday or outside the hours of 6:00 am to 5:00 pm will attract an uplift of 20% on the invoice.
6. Retention of title
All materials supplied by JLT shall remain the property of JLT until all amounts owing to JLT are paid.
The Client agrees that JLT may after seven days; enter its property to recover all materials supplied in the event of non-payment of its invoice.
The Client agrees that unless a fixed price is provided by JLT, all quotations given will be an estimate only and may vary in, at least, the following circumstances:
1. where the costs of products and materials change;
2. where unforeseen further works become necessary to comply with applicable laws, safety standards and codes;
3. where unforeseen further works become necessary due to a requirement for, by way of example only, rock excavation, dewatering or supportive work such as pier; and
4. where further materials are required;
The Client agrees that any quotation will not include works to replant, fix or repair concrete, flooring, paving, tiling or landscaping (plants and lawn).
Quotations are open for acceptance for a period of 30 days after which time they will automatically lapse and no longer be capable of acceptance.
The Client agrees to pay JLT the amount of 20% of any quoted works where works are cancelled by the Client with less than three days written notice.
9. Client indemnity for underground services
The Client will indemnify JLT against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from or connected to services which are buried or unseen being disturbed or damaged (‘underground services’). This indemnity provided by the Client for the benefit of JLT includes liability, loss, claims or proceedings
arising from damage to property, death or personal injury and/or consequential or economic loss of any kind.
The Client will pay JLT for any repairs required to be performed on underground services.
10. Special equipment
The Client acknowledges and agrees that JLT will be required to use specialist equipment from time-to-time (as determined by JLT in its sole discretion) and that, where specialist equipment is used, for example, where Close Circuit Television (CCTV) is required, additional charges may be imposed.
11. Services and waste
The Client agrees that:
1. it will provide and pay for all power and water reasonably used by JLT; and
2. waste removal and disposal will be organised by and at the cost of the client.
12. JLT’s liability limited
JLT will not be liable for delay due to weather conditions, shortage of labour hire, machinery or materials or any other matter outside the direct control of JLT.
JLT accepts no liability for the actions of the client or other household members or guests which result in damage or injury to persons or property.