DISCLAIMER
By accessing Our website You agree to be bound by the terms which follow. If You do not wish to be bound these terms, You must not access this site or engage us to provide any goods or services.
Specialised Plumbing & Drainage accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Website.
TERMS AND CONDITIONS OF TRADE
1. APPLICATION OF THESE TERMS & CONDITIONS
1.1 Agreement Scope
These Terms & Conditions (“Agreement”) apply to all dealings between the Customer and SPDR Group Pty Ltd as Trustee for SPDR Group Trust trading as Specialised Plumbing Drainage Roofing, including:
Website use
Issuing and acceptance of quotations
Placement of orders
Requests for and supply of Works
The Customer confirms they have had the opportunity to read, understand and agree to this Agreement prior to engagement.
1.2 Definitions
For the purpose of this Agreement:
Contractor / Us / We refers to SPDR Group Pty Ltd as Trustee for SPDR Group Trust T/A Specialised Plumbing Drainage Roofing (ABN 25 289 077 446), including employees, agents, contractors and successors.
Customer / You / Your refers to the entity engaging the Contractor.
Goods means plumbing products and associated materials.
Site means the location where Works are carried out.
ACL means the Australian Consumer Law.
Works means all goods and/or services supplied by the Contractor.
1.3 Directors Liability
Where the Customer is a corporation, each director agrees they:
Receive a personal benefit from the Works; and
Are jointly and severally liable for the Customer’s obligations under this Agreement.
1.4 Authority
You warrant that you are fully authorised to enter this Agreement on behalf of the Customer and its directors.
1.5 Acceptance
Acceptance of any quotation may occur verbally, electronically, in writing or by conduct including:
Payment of a deposit
Scheduling Works
Permitting commencement of Works
Acceptance forms a binding legal agreement.
2. QUOTATIONS
2.1 Quotes
The Contractor may provide a quotation outlining:
Scope of Works
Estimated charges
Applicable pricing methods
Pricing remains subject to adjustment under this Agreement.
2.2 Acceptance of Quotes
2.2.1 Commencement
Works are not required to commence until acceptance is received.
2.2.2 Method of Acceptance
Acceptance may occur via:
Signed quote
Work authorisation form
Purchase order
Scanned or electronic copy
2.2.3 Validity
Quotes remain valid for 60 days unless otherwise agreed in writing.
2.2.4 Reliance
The Customer acknowledges they have not relied upon representations outside the written quotation.
2.2.5 Website Terms
The current version of these Terms & Conditions published on our website will apply at the time of engagement or variation.
2.3 Price Adjustments & Surcharges
The Contractor reserves the right to adjust pricing where increases occur in:
Labour
Materials
Fuel
Freight
Supplier costs
PVC pricing
Reasonable notice will be provided.
3. VARIATIONS
3.1 Written Variations
All variations must:
Be in writing
Be approved by an authorised representative
Additional costs may apply.
3.2 Progress Payments
Variations are payable alongside applicable progress payments.
3.3 Excavation Conditions
Quotes assume excavation in clean soil conditions only.
Additional charges apply for:
Rock excavation
Dewatering
Filled ground
Piering or beam supports
3.4 Latent Conditions
The Contractor is entitled to claim variations where unforeseen site conditions arise.
4. CANCELLATION
A minimum of 5 working days written notice is required for cancellation.
Failure to provide notice may result in:
Forfeiture of deposit; or
A cancellation fee equal to 20% of the quoted amount
5. PROLONGATION & FORCE MAJEURE
5.1 Delays
The Contractor is not liable for delays caused by:
Weather
Material shortages
Site access restrictions
Labour shortages
Third-party delays
5.2 Additional Costs
Additional costs resulting from delays may be charged to the Customer.
5A. Force Majeure
The Contractor is not liable for delays caused by events beyond reasonable control including:
Natural disasters
Fire
Flood
Pandemic
Government action
Supply chain disruption
6. DIAL BEFORE YOU DIG
6.1 Underground Services
The Customer must obtain underground service plans through:
Dial Before You Dig
at least 2 working days prior to commencement.
6.2 Indemnity
Failure to provide plans indemnifies the Contractor against resulting damages or claims.
7. DELIVERY OF GOODS
7.1 Delivery
Goods will be delivered to the Customer’s nominated address.
7.2 Site Access
The Customer indemnifies the Contractor against failed deliveries caused by inaccessible sites.
8. SITE ACCESS
8.1 Access Requirements
The Customer must provide uninterrupted site access until Works are complete and paid in full.
8.2 Delays
The Customer indemnifies the Contractor for delays caused by restricted access.
9. RISK
Risk in Goods passes to the Customer upon delivery or installation.
Ownership remains with the Contractor until full payment is received.
10. PAYMENT
10.1 Payment Terms
Invoices must be paid within the timeframe specified on the quotation or invoice.
10.2 Deposits
10.2.1 Deposit Requirement
Works will not commence until deposits are paid where requested.
10.2.2 Default
Deposits may be forfeited in cases of default.
10.3 Progress Payments
Failure to meet progress payments may result in suspension of Works.
10.4 Security of Payment
The Building and Construction Industry Security of Payment Act 2002 (Vic) applies.
10.5 Interest
Late payments may incur interest charges.
10.6 Recovery Costs
The Customer indemnifies the Contractor for all debt recovery and legal costs.
11. RETENTION OF TITLE
Ownership of Goods remains with the Contractor until all monies owed are paid in full.
12. PPSA
This Agreement creates a Security Interest under the Personal Property Securities Act 2009 (Cth).
13. WARRANTY
13.1 Manufacturer Warranty
Goods are covered only by applicable manufacturer warranties.
13.2 Warranty Exclusions
Warranty becomes void where Goods are:
Modified
Damaged
Misused
13.3 Customer Supplied Goods
No warranty applies to customer-supplied materials.
14. LIABILITY
14.1 ACL Rights
Nothing in this Agreement excludes rights under the Australian Consumer Law.
14.2 Limitation of Liability
To the maximum extent permitted by law, liability is limited to:
Re-supply of Works; or
Cost of re-supply
14.3 Excluded Losses
The Contractor is not liable for:
Loss of profits
Indirect loss
Consequential damages
Third-party claims
15. PRIVACY
Our Privacy Policy forms part of this Agreement.
16. SECURITY & CHARGE
The Customer grants the Contractor an equitable charge over all real and personal property as security for monies owed.
17. PERMITS
The Customer is responsible for obtaining all required permits and approvals.
18. GENERAL MATTERS
This Agreement is governed by the laws of Victoria.
19. TRUST PROVISIONS
SPDR Group Pty Ltd enters this Agreement solely in its capacity as trustee for the SPDR Group Trust.
EXCLUSIONS
Unless specifically included in writing, the following are excluded:
Demolition Works
Water tapping
Landscaping
Pool Works
Fire services
Scaffolding
Spoil removal
Boring
Cranage
Rainwater tanks
Solar hot water systems
Concrete reinstatement
Irrigation Works
Traffic management
Roof plumbing accessories
Timber or steel supports
Appliance supply
Additional trench shoring
Aggie drains
Rain heads
Balcony drainage
External cabinetry
FURTHER NOTES
Additional crushed rock may incur extra charges
Lead flashings incur additional cost
Variations requested by owners, builders or councils are chargeable
All permits remain the Customer’s responsibility unless stated otherwise
Pricing is based on non-EBA rates
Minimum 1000mm excavator access is required
Quotes are based on standard fixture ranges
Additional trench depth may incur extra charges.