Terms and Conditions

1. General

These Terms prevail over any conflicting client terms unless expressly agreed in writing by a director of PLUMBCLAD.

No verbal representation, promise or variation is binding unless confirmed in writing.

PLUMBCLAD may rely on approvals given by the client, their representative, builder, strata manager, superintendent, site manager or authorised agent.

2. Scope of works

Works are strictly limited to the inclusions stated in the quotation.

Any item not expressly included is excluded.

Typical exclusions unless specifically stated include:

• painting
• electrical works
• plastering / internal finishes
• carpentry / structural rectification
• engineering
• permits
• traffic management
• craneage / lifting equipment
• scaffold
• builder’s clean
• waterproofing membranes by others
• landscaping reinstatement
• asbestos removal
• hidden defect rectification

Quoted quantities may be subject to final measure.

3. Quotations and validity

Unless otherwise stated:

• quotations are valid for 30 days from issue date
• prices are based on current material, labour and supplier rates
• delayed acceptance may result in repricing
• pricing excludes GST unless stated otherwise

PLUMBCLAD reserves the right to amend pricing where drawings, scope, access, quantities or site conditions differ from those originally allowed for.

4. Deposits and payment terms

Unless otherwise agreed in writing, payment terms are as follows:

Residential / domestic projects

• 50% deposit payable upon acceptance of quotation to secure scheduling, commencement date, labour allocation, and ordering of materials/equipment.
• Remaining balance payable on practical completion, unless otherwise stated in writing.
• For larger residential projects, staged progress payments may be required and will be outlined within the quotation.

Commercial / builder / strata projects

• 20% deposit payable upon acceptance to secure scheduling, commencement date, labour allocation, and ordering of materials/equipment.
• 30% progress payment payable upon fabrication, delivery of materials, or arrival of materials to site (whichever occurs first).
• Remaining balance due within 7 days of practical completion.
• For larger commercial or staged projects, PLUMBCLAD may issue monthly progress claims, milestone claims, claims for stored or unfixed materials, and final claims at completion.

General payment conditions

• Payments must be made in full without set-off, withholding, contra, deduction, or backcharge unless agreed in writing.
• Late payments may incur interest, administration fees, legal costs, and recovery charges.
• PLUMBCLAD reserves the right to suspend works or withhold warranties where accounts remain unpaid.

5. Late payment

Overdue accounts may incur:

• interest at 2% per month calculated daily
• administration fees
• legal costs
• debt collection fees
• enforcement costs

Client indemnifies PLUMBCLAD for all reasonable recovery costs.

PLUMBCLAD may suspend works or withhold warranties while amounts remain unpaid.

6. Security of payment

Where applicable, claims may be made under the Building and Construction Industry Security of Payment Act 2002 (VIC) or equivalent legislation.

Nothing in these Terms limits PLUMBCLAD’s statutory rights.

7. Variations

Any work outside the quoted scope is a variation.

Variations may arise from:

• client requested changes
• latent conditions
• quantity increases
• access changes
• product substitutions
• compliance upgrades
• urgent weatherproofing or make-safe works

Variations must be approved in writing wherever practicable.

Where urgent works are required to prevent damage, maintain safety, or protect the building envelope, PLUMBCLAD may proceed and charge reasonable costs.

Variations may affect price and completion time.

8. Latent / unforeseen conditions

Latent conditions include conditions not reasonably identifiable at quoting stage, including:

• rotten timber
• rusted or failed framing
• water damage
• concealed leaks
• unsafe substrates
• hidden services
• non-compliant prior works
• asbestos / hazardous materials
• membrane failure
• structural movement

Latent conditions are excluded from the original quotation and will be treated as variations.

9. Access and site conditions

The client must provide:

• safe, legal and uninterrupted access
• clear work areas
• suitable storage area for materials
• reasonable parking access
• power and water where required
• site readiness at booked commencement time

The client is responsible for notifying:

• occupants
• tenants
• neighbours where required
• strata / owners corporation
• building management

Return visits caused by denied access, unprepared site, other trades, locked premises or client delay may be chargeable.

10. Working hours

Works are generally undertaken during normal business hours Monday to Friday unless otherwise agreed.

After-hours, weekend, shutdown, staged or restricted-hour works may attract additional charges.

11. Weather and external conditions

Roofing and external works are weather dependent.

PLUMBCLAD is not liable for delays caused by:

• rain
• wind
• extreme temperatures
• storms
• unsafe roof conditions
• supplier weather shutdowns

No liquidated damages or penalties apply unless expressly accepted in writing.

Temporary weatherproofing or emergency make-safe works are not permanent repairs unless specifically stated.

12. Materials

All supplied materials remain the property of PLUMBCLAD until payment is received in full. Risk in all materials passes to the client upon installation or delivery to site, whichever occurs first. The client is responsible for any loss, theft or damage to materials delivered to site prior to installation where such loss or damage is not caused by PLUMBCLAD’s negligence.

Where nominated materials are unavailable, discontinued or materially delayed, PLUMBCLAD may offer equivalent or superior alternatives.

Reasonable colour variation, weathering differences, manufacturing tolerances and profile changes between old and new materials are accepted industry outcomes.

Exact colour match to aged existing materials cannot be guaranteed.

13. Deliveries and supply chain

PLUMBCLAD is not liable for delays arising from manufacturer shortages, freight delays, supplier backorders, industrial action or circumstances beyond reasonable control.

Lead times are estimates only.

14. Protection of property

Reasonable care will be taken to protect surrounding property.

PLUMBCLAD is not responsible for:

• pre-existing damage
• hidden defects
• brittle or aged roof materials
• fragile surfaces not disclosed
• damage caused by necessary access over aged roofs or structures
• areas outside the defined work scope unless caused by negligence

Client should remove or protect valuables, furniture, electronics and vehicles near work areas.

15. Clean up and waste

Work areas will be left in a reasonably tidy condition upon completion.

Detailed builders cleans are excluded unless stated.

Removed roof sheeting, gutters, flashings, scrap metal, debris and packaging remain property of PLUMBCLAD unless otherwise agreed.

16. Compliance and safety

Works will be carried out in accordance with relevant legislation, codes and applicable Australian Standards current at the time of works.

Project-specific inductions, permits, paperwork, supervision requirements, traffic management or excessive administrative compliance not included in the quotation may be chargeable as a variation.

SWMS / JSA documentation can be provided where required.

16A. Compliance certificates

Where works are regulated plumbing works under the Plumbing Regulations 2018 (Vic), PLUMBCLAD will lodge the relevant Compliance Certificate with the Victorian Building Authority / Building and Plumbing Commission and the client within five (5) business days of practical completion.

16B. Scaffolding and edge protection

Where the nature of the works requires working at height, PLUMBCLAD will provide scaffolding, edge protection or other fall prevention measures as required by applicable Work Health and Safety legislation and the Occupational Health and Safety Regulations 2017 (Vic). The cost of such measures is included in the quotation unless stated otherwise. Where client-supplied or third-party scaffolding is to be used, the client is responsible for ensuring it is compliant, safe and available at the required times. Delays caused by unavailability or non-compliance of client-supplied scaffolding may be chargeable.

16C. Photography and marketing

PLUMBCLAD may take photographs and/or video of works during and upon completion for use in marketing, social media, website and promotional materials. No personal information or identifiable addresses will be published without consent. If you wish to opt out of any photography or marketing use, please advise us in writing prior to commencement of works.

17. Insurance

PLUMBCLAD maintains current:

• Public Liability Insurance
• Workers Compensation (where applicable)
• Relevant industry insurances

Certificates of Currency available on request.

18. Practical completion

Works reach practical completion when substantially complete and fit for intended use, notwithstanding minor defects, touch-ups, cosmetic items or minor omissions that do not materially prevent use.

Practical completion triggers final invoicing and payment terms.

19. Warranties and defects liability

Manufacturer warranties pass through where applicable.

A 6-month workmanship defects liability period applies from practical completion for defects directly attributable to PLUMBCLAD workmanship.

All regulated plumbing work covered by a Compliance Certificate carries a 6-year workmanship and insurance warranty.

Exclusions include:

• lack of maintenance
• blocked gutters / downpipes
• storm, hail, flood or extreme weather
• movement / settlement
• rust due to environment
• misuse
• third-party damage
• works by others
• pre-existing defects
• temporary repairs
• adjoining areas outside scope

All defect claims must be notified in writing.

Warranty documents may be withheld until all accounts are paid in full.

20. Suspension of works

PLUMBCLAD may suspend works immediately where:

• invoices are overdue
• deposits unpaid
• unsafe conditions exist
• access is denied
• site is not ready
• other trades materially obstruct progress
• client causes substantial delay

PLUMBCLAD is entitled to extensions of time, remobilisation costs and delay costs arising from suspension.

21. Delays and extensions of time

PLUMBCLAD is entitled to reasonable extensions of time for delays caused by:

• weather
• variations
• client instructions
• access restrictions
• material delays
• industrial action
• latent conditions
• other trades
• authority or strata restrictions

Completion dates are estimates unless expressly guaranteed in writing.

22. Leak detection / Maintenance / Repairs

Leak investigations are diagnostic in nature. Water ingress may travel from concealed or remote locations.

The exact cause of leaks may not be visible until opening-up works occur.

Further visits or additional works may be required and will be charged separately.

No guarantee of complete resolution is given where only limited investigative or temporary works are authorised.

23. Domestic / Residential works

For residential properties, the client must ensure:

• pets are secured
• children are supervised and kept away from work areas
• driveways are clear where required
• internal items beneath work zones are protected

Noise, dust and vibration are normal construction outcomes.

24. Commercial / Builder / Strata works

For builders, commercial premises, body corporates or managed sites:

• progress claims may be issued monthly or by milestone
• inductions, permits and site-specific compliance costs may be chargeable
• access delays by tenants, caretakers or other trades may extend time and increase cost
• no pay-when-paid provisions apply against PLUMBCLAD

25. Limitation of liability

To the maximum extent permitted by law, PLUMBCLAD’s liability is limited to, at PLUMBCLAD’s election:

• rectification of defective work
• re-supply of services
• refund of the amount paid for affected works

PLUMBCLAD is not liable for indirect or consequential loss including:

• loss of rent
• loss of profit
• tenant claims
• business interruption
• delay damages
• water ingress caused by undisclosed pre-existing defects

26. Cancellation

If works are cancelled after acceptance, PLUMBCLAD may recover:

• ordered materials
• fabrication costs
• restocking fees
• labour allocated
• administration costs
• reasonable loss of profit on committed schedule time

Deposits may be applied against these costs.

27. Dispute resolution

Parties agree to first attempt good-faith negotiation.

If unresolved:

• domestic matters may proceed to Domestic Building Dispute Resolution Victoria (DBDRV) / Victorian Civil and Administrative Tribunal (VCAT) / court as applicable
• commercial matters may proceed under Security of Payment legislation or courts of competent jurisdiction

Undisputed amounts must still be paid when due.

28. Governing law

These Terms are governed by the laws of Victoria, Australia.

29. Severability

If any provision of these Terms is invalid or unenforceable, the remaining provisions continue in full force and effect.

30. Waiver

Failure or delay by PLUMBCLAD to enforce any right does not waive that right.

31. Entire agreement

The quotation, approved variations and these Terms constitute the entire agreement between the parties unless otherwise agreed in writing.

32. Acceptance

Acceptance of quotation, payment of deposit, issue of purchase order, written approval, electronic approval, or instruction to proceed confirms agreement to these Terms and Conditions.