TERMS OF SERVICE FOR CLIENTS/CUSTOMERS
These Terms of Service apply to all clients and customers, or all potential clients and customers of Flo Plumbing Pty Ltd t/as Flo Plumbing [ABN 72629069665] (“we, us, our”). These Terms of Service together with the Terms of Use and any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any customer or client of ours.
By accepting or approving the quote and agreeing to these Terms of Service, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase our products and services. We may change these Terms of Service at any time, and by continuing to use or access our website and products and services, you are accepting those changes.
You must be 18 years old or older to purchase our products and services. You agree to provide current, complete, and accurate information to us, and promptly inform us of any updates to your information.
PRICES AND DESCRIPTIONS
We may change prices for our products and services without giving notice to you. We may also discontinue any products and services at any time or change our range of products and services at any time without giving notice to you. We are not liable for any price changes, other changes, or any discontinued products or services.
The descriptions of products and services may also change without notice to you. There may on occasion be errors or omissions in product or service descriptions or product or service prices, delivery times and availability and promotions. We may, but are not obliged to, correct any errors or omissions or change and update information or cancel orders if the information is inaccurate at any time, without prior notice to you.
Except as required by law we do not warrant the quality of the products or services or warrant that they will meet your expectations.
QUOTATIONS AND ORDERS
Our Quotations are valid for a period of 14 days from the date of the Quotation. The Quotation will indicate the fixed price for the work. Any additional fees, including surcharges for credit card payments, will be clearly stated in the Quote or work order.
After payment of your 50% Deposit, any changes to the Quotation will constitute a Variation. We provide plumbing services primarily in the Victorian region. We cannot guarantee that the products and services will always be available. We have the right to refuse, limit or cancel any order for our products and services.
OUR PROMISES FOR OUR SERVICES
We will perform the services with due care, skill and diligence and in accordance with all relevant legislation and regulations. The services will be performed personally by us or Our Representatives. You authorise us to act as your agent in relation to the services and all matters set out or implied into this Agreement.
We agree to keep you informed of the progress of the services and keep any of your documents secure and return all your documents at the termination of this Agreement.
PAYMENT TERMS
You agree that you will pay us Our Fees for the products and services via direct deposit, credit card, or cash. We charge a 50% Deposit which confirms acceptance of our Quotation and this Agreement. We require payment of the remainder of Our Fees on the date of completion of the services, and payment is due 7 days from the date of the invoice or the last day of performance of the services, whichever is the earlier. Interest will be charged on any unpaid invoices at the rate of 10% per annum. Any legal collection fees that are incurred will be charged to you.
YOUR OBLIGATIONS
You are obligated to provide timely acceptance of the work order or Quote, grant access to the Site for the completion of services and fulfil payment obligations as per the agreed terms.
You must provide all information required by us in order for us to perform the services (“information”). You represent and warrant that:
• all information you provide is true, correct, current and up- to- date;
• you will respond promptly to any of our requests for further information;
• you have read and understand that the Non-Inclusions do not form part of the Services; and
• the Client Representative has full authority to make all your decisions related to the Services.
We may become aware during the performance of the Services that you may need additional services, and you agree to co-operate with us in this regard.
All valve & valve type parts as well as any specified items installed by us must be serviced by us. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
VARIATIONS AND ADDITIONAL SERVICES
After you pay the Deposit if you require any changes to the services, or to add additional services, you must notify us as soon as possible, and we may provide you with an amended Quotation and Our Fees or terminate this Agreement at our discretion.
Additional charges will apply for any non-inclusions and any additional services. We will notify you as soon as possible if we need to vary the services or this Agreement in any way.
CANCELLATION OF ORDERS AND RESCHEDULING
To the extent permitted by law, any refunds for any cancellations of the products and services are at our absolute discretion. We do not provide refunds for your change of mind. Our cancellation fee is 50% of Our Fees, which means that once you have paid the Deposit, you are liable for the full amount of Our Fees.
If you fail to provide access to the Site or cancel with less than 24 hours’ notice, a Call-Out Fee will be charged. You must notify us 24 hours in advance for rescheduling. Cancellations will incur a call-out fee for your no-shows.
CONSUMER GUARANTEES AND REFUNDS
Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled:
• to cancel your service agreement with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with products. If a failure with the products and services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the products and to cancel the agreement for the services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the products and services.
Should a product not meet a consumer guarantee, please inform us at info@floplumbing.com.au. You have the right to a repair, replacement, or refund.
While our products also come with additional manufacturer’s warranties provided upon completion of installation services, it is important to note that we do not provide refunds for:
- Change of mind.
- Problems arising from misuse or failure to follow manufacturer’s instructions.
- Lack of maintenance as per the manufacturer’s guidelines.
- Normal wear and tear, exposure to moisture, products outside factory specifications, or damage from silicone-based products.
PROPERTY RISK AND TITLE
Once we deliver products to your Site, the risk, including responsibility for insurance, transfers to you. However, we retain ownership and legal title until full payment for the products is received. Until then:
- we retain legal and equitable ownership;
- you hold the products as our fiduciary agent and bailee;
- we may inspect the products at your Site without notice; and
- should you fail to comply, we may repossess the products without compensation.
WORKMANSHIP GURANTEE
We provide a 6-year workmanship/services guarantee. For parts and fixtures, the guarantee is as per the manufacturers’ specifications and terms.
WARRANTY
All products and services provided by us come with a manufacturer’s warranty, where applicable, and a warranty for our workmanship, which remains in force for a period of 12 months from the date of service completion. This warranty covers defects in materials and workmanship under normal use. If a defect arises during the warranty period, please contact us at info@floplumbing.com.au. The warranty excludes damage resulting from misuse, accidents, modifications, or unauthorized repairs.
DEFECTS
Upon completion of the services, you are required to inspect them and must report any defects, shortages in quantity of goods, or damages to us within 48 hours in writing to info@floplumbing.com.au. This includes any defects in parts or installation works. Upon receiving your notification, we will be given the opportunity to inspect the alleged issues within 7 working days from the date of your notification.
We will endeavor to rectify any verified defects to Australian and reasonable standards within 14 working days from our inspection. This period allows us to take necessary action to address and resolve any quality issues with the products or services provided.
UNDERGROUND SERVICES
You agree to indemnify us against any liability, loss, claim, or proceedings arising from any buried or unseen services being disturbed or damaged during the course of the services. We will not be held liable for any repair work associated with such disturbances. Any required repair work will be at your expense. This includes, but is not limited to, damage to property (both real and personal), personal injury, and any consequential or economic loss of any kind.
ROCK AND FILLED GROUND
Our Quotations are based on the excavation of clean soils unless otherwise specified. If rock excavation, dewatering, or supportive work such as pier and beams for filled or made-up ground is required and not included in the original Quote, it will be considered a variation and charged additionally. We will endeavor to return existing soils to excavated areas where possible, and the ground will be left filled. Landscaping and concrete works are not included in our Quotations unless specifically stated in writing. Any such additional works, including concrete, paving, and landscaping (such as shrub, plant, and lawn replacement), will be treated as a variation.
DRAINS AND SEWER
You acknowledge that the presence of plant/tree root growth or blockages in drains, sewer pipes, and storm water lines often indicates damaged pipes. We do not provide warranties against future blockages, regardless of the timeframe or location of recurrence within the same property. If any of our equipment becomes lodged or damaged in your drain, its removal or repair will be at your expense, including materials, parts, and labour.
LEAKS, INSTALLATIONS, ROOFING
Minor roof leak repairs offer no guarantee.
MARKETING
You grant us permission to photograph and/or video the services for marketing and informational purposes. However, any publication about us requires our prior written consent.
TERMINATION
We reserve the right to refuse or discontinue service at our discretion, especially in cases of agreement breach. This includes the right to suspend or change our services without notice. Termination of services may occur under various circumstances, including additional service requests beyond the Quotation or inefficiencies at your Site.
Services may also be terminated if the deposit is not received, access to the property is not granted, or due to unforeseen issues with materials or supplies.
LIABILITY AND INDEMNITY
Your use of, or inability to use our services and products is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our services and products including, but not limited to, any errors or omissions in any website content, price changes or discontinued products and/or services, loss or stolen products during delivery, any late delivery, any trespass on your Site, negligence, any links to third party websites, any interruptions, any changes, suspension or termination of our products and services.
To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: –
• the replacement of the products or services or the supply of equivalent products or services; or
• the payment of the cost of replacing the products or services or of acquiring equivalent products and/or services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, or your violation of any law or the rights of a third-party, third- party links and products and services, and any Loss and damage incurred or suffered as a result of any Claims brought against us in connection with retaking possession of the products.
IF THERE IS A DISPUTE
If at any time our products or services are not reasonably acceptable to you or we disagree on the quality of the products or services you receive you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms of Service and other terms and conditions on our website, these Terms of Service prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
DEFINITIONS
“Additional Services” means any services not included in the primary scope of Services, such as additional home or office installations, customizations, or repair services.
“Agreement” refers to this set of Terms of Service, alongside the Terms of Use, and all other terms, conditions, and policies available on our website or linked within it.
“Australian Consumer Law” denotes Schedule 2 of the Competition and Consumer Act 2010 (Cth), applicable in the context of Australian jurisdiction.
“Force Majeure Event” includes any unforeseen event beyond our control that hinders our ability to fulfill obligations under this Agreement, like pandemics, natural disasters (fires, earthquakes, floods), wars, riots, labor strikes, terrorism threats, power outages, regulatory changes, extreme weather, travel restrictions, or venue closures.
“Call-Out Fee” means the fee we charge when you do not show, or we receive less than 24 hours notice of a cancellation.
“Claim” encompasses any legal claim, demand, or action arising from statute, tort, contract, or negligence, potentially including demands, awards, or associated costs.
“Client” refers to you, the individual or entity entering this agreement and accepting these terms and conditions.
“Client Representative” is the designated contact person you have nominated for us to liaise with.
“Deposit” signifies a payment amounting to 50% of Our Fees, serving as an initial payment to secure the Quotation.
“Estimated Dates” are the projected timelines for the provision of our Services “Loss or Damage” includes any form of direct or indirect harm, such as financial loss, data breaches, system viruses, personal injuries, property damage, and related legal expenses.
“Non-inclusions” specifies services outside our scope, like electrical work and other related tasks not part of our primary service offerings.
“Our Fees” comprises all charges associated with our services, including product costs, installation, storage fees, and any additional expenses or disbursements.
“Our Representatives” denotes our team, which may include employees, agents, contractors, or subcontractors involved in service delivery.
“Products” includes, but is not limited to, parts and fixtures used in mechanical services, refrigerated air-conditioning systems, and fire sprinkler systems
“Quotation” is our proposed service offer, detailing the scope and cost of the services we intend to provide.
“Services” encompasses our range of offerings, including plumbing, mechanical services, refrigerated air-conditioning installation, and fire sprinkler installation at your home, office, or other designated locations.
“Site” refers to the specific location, such as your home, office, or other premises, where our Services will be carried out.
“We, Us, or Our” includes our company’s directors, officers, employees, agents, partners, contractors, and any affiliated parent companies or subsidiaries.
“Website and Services” indicates everything accessible through https://floplumbing.com.au/ our website, which encompasses all products and services we offer
