Capital Plumbing Terms & Conditions

1. APPLICATION OF THESE TERMS
1.1 These Standard Terms & Conditions apply to every quotation, estimate, work order, purchase order, invoice, agreement and supply of goods or services by Capital Plumbing (Qld) Pty Ltd (“Capital Plumbing”), unless otherwise agreed in writing.
1.2 Acceptance of any quotation, approval to commence work, acceptance of goods or services, payment of any deposit, or instruction to proceed constitutes acceptance of these Terms & Conditions.
1.3 These Terms & Conditions prevail over any terms or conditions contained in any purchase order, work order or other document issued by the Client unless expressly agreed to in writing by a Director of Capital Plumbing.
1.4 If any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.

2. DEFINITIONS
For the purposes of these Terms & Conditions:
Business Day means any day other than a Saturday, Sunday or public holiday in Queensland.
Client means the person, company, trustee, body corporate, property manager or other entity requesting or receiving goods or services from Capital Plumbing.
Goods means any products, fixtures, fittings, appliances, materials, equipment or other items supplied by Capital Plumbing.
Latent Condition means any physical condition, defect, contamination, concealed service, hidden damage, deteriorated plumbing, asbestos, hazardous material, structural issue or other condition that could not reasonably have been identified during the initial inspection or prior to commencing the Works.
Quotation means any written quotation, estimate or proposal issued by Capital Plumbing.
Site means the property or location where the Works are to be carried out.
Variation means any change to the agreed scope of Works, whether requested by the Client or made necessary due to site conditions, Latent Conditions, legislative requirements or other unforeseen circumstances.
Works means all labour, services, repairs, installations, maintenance, investigations, inspections, testing, replacement works and associated activities undertaken by Capital Plumbing.

3. QUOTATIONS
3.1 Unless otherwise stated, quotations remain valid for thirty (30) days from the date of issue.
3.2 Quotations are based upon the information available at the time of inspection or supplied by the Client.
3.3 Capital Plumbing reserves the right to withdraw, amend or replace any quotation prior to written acceptance.
3.4 Unless expressly stated otherwise, quotations include only the Works specifically described within the quotation.
3.5 Any work, materials or services not expressly included within the quotation shall be deemed excluded.
3.6 Quotations are based upon reasonable access to the Site during normal business hours.
3.7 Capital Plumbing may revise a quotation where incorrect, incomplete or misleading information has been supplied by the Client or where site conditions differ materially from those reasonably anticipated.

4. ACCEPTANCE OF QUOTATIONS
4.1 A quotation is accepted when the Client:
(a) signs the quotation;
(b) provides written acceptance;
(c) provides verbal authority to proceed;
(d) pays any required deposit; or
(e) instructs Capital Plumbing to commence the Works.
4.2 Acceptance constitutes agreement to these Standard Terms & Conditions.
4.3 Once accepted, the quotation forms the basis of the agreement between Capital Plumbing and the Client, subject to any approved Variations.

4.4 You consent to receiving quotations, approvals, variations, invoices and communications via email, SMS or other electronic methods. Electronic approvals are binding.

5. SCOPE OF WORKS
5.1 Capital Plumbing will carry out the Works described within the accepted quotation using reasonable skill, care and workmanship.
5.2 Unless expressly stated otherwise, the following are excluded from the quoted scope:
• building works;
• carpentry;
• plastering;
• painting;
• tiling;
• waterproofing;
• electrical works;
• excavation beyond that reasonably anticipated;
• asbestos identification or removal;
• structural engineering;
• certification by third parties;
• council fees;
• authority charges; and
• any work not specifically described in the quotation.
5.3 Where additional work becomes necessary due to existing conditions, Latent Conditions or Client instructions, such work shall constitute a Variation.

6. VARIATIONS
6.1 A Variation includes any work that is not expressly included within the accepted quotation.
6.2 Variations may arise due to:
(a) Client requested changes;
(b) Latent Conditions;
(c) concealed plumbing or services;
(d) existing defects;
(e) unforeseen site conditions;
(f) legislative or compliance requirements;
(g) manufacturer requirements;
(h) safety requirements; or
(i) circumstances beyond the reasonable control of Capital Plumbing.
6.3 Capital Plumbing will, where reasonably practicable, advise the Client of the additional work required and the estimated cost before proceeding.
6.4 Where immediate work is reasonably necessary to:
(a) protect persons from injury;
(b) prevent significant property damage;
(c) restore essential plumbing services;
(d) isolate gas or water leaks;
(e) comply with legal or safety requirements,
Capital Plumbing may carry out the necessary work without prior written approval. Such work shall be treated as a Variation and charged accordingly.
6.5 Variations may be approved verbally, electronically, by text message, email or by conduct where the Client instructs Capital Plumbing to proceed.
6.6 Capital Plumbing is under no obligation to perform additional work until the Variation has been accepted unless immediate action is required under Clause 6.4.

7. SITE ACCESS
7.1 The Client shall provide Capital Plumbing with safe, timely and unrestricted access to the Site.
7.2 The Client is responsible for ensuring:
(a) reasonable access to the work area;
(b) vehicles are removed where necessary;
(c) pets are secured;
(d) children are supervised;
(e) all relevant approvals have been obtained;
(f) the Site is safe for work to commence.
7.3 Where Capital Plumbing cannot reasonably access the Site or is delayed due to the Client’s actions or omissions, Capital Plumbing may charge the reasonable costs associated with the delay, including additional labour, travel and return attendance.
7.4 Capital Plumbing reserves the right to suspend the Works where the Site presents an unacceptable safety risk.

8. EXISTING PLUMBING SYSTEMS
8.1 Capital Plumbing carries out work on existing plumbing systems that may have been installed many years before Capital Plumbing first attends the Site.
8.2 Capital Plumbing does not warrant the condition, remaining service life or compliance of existing plumbing components that are not replaced as part of the Works.
8.3 Repairing or replacing one component does not constitute a representation that the remainder of the plumbing system is free from defects.
8.4 Existing valves, taps, pipework and fittings may fail during normal operation due to age, corrosion, deterioration or previous workmanship.
8.5 Where existing plumbing components fail due to their age or condition, the repair or replacement of those components shall constitute a Variation.
8.6 Restoring normal operating pressure or flow may expose pre-existing weaknesses elsewhere within the plumbing system.
8.7 Capital Plumbing is not responsible for failures arising from deterioration of existing plumbing that was not caused by Capital Plumbing’s workmanship.

9. LATENT CONDITIONS
9.1 Plumbing work frequently involves concealed services and conditions that cannot reasonably be identified before work commences.
9.2 Capital Plumbing shall not be responsible for Latent Conditions including but not limited to:
(a) concealed plumbing defects;
(b) deteriorated pipework;
(c) concealed leaks;
(d) undocumented alterations;
(e) hidden water damage;
(f) structural defects;
(g) concealed electrical services;
(h) unknown underground services;
(i) concealed drainage defects;
(j) existing waterproofing failures.
9.3 Discovery of a Latent Condition shall entitle Capital Plumbing to:
(a) suspend the affected Works;
(b) issue a Variation;
(c) engage appropriate specialist contractors where necessary; and
(d) extend the time for completion.
9.4 Capital Plumbing will advise the Client of any Latent Condition as soon as reasonably practicable after it becomes known.

10. EXISTING BUILDING FABRIC
10.1 Plumbing work may require access through walls, ceilings, floors, cabinetry, paving, gardens or other building elements.
10.2 Unless expressly included within the quotation, Capital Plumbing is not responsible for cosmetic reinstatement including:
(a) painting;
(b) plastering;
(c) tiling;
(d) waterproofing;
(e) cabinetry;
(f) flooring;
(g) landscaping; or
(h) decorative finishes.
10.3 Where reinstatement forms part of the quoted Works, Capital Plumbing will use reasonable efforts to achieve a practical match; however, exact matching cannot be guaranteed due to ageing, weathering, discontinued products, manufacturing tolerances or batch variations.
10.4 Existing cracks, movement, settlement or deterioration of the building structure remain the responsibility of the Client.

11. ASBESTOS AND HAZARDOUS MATERIALS
11.1 Unless expressly stated otherwise in writing, no allowance has been made for the identification, testing, sampling, monitoring, removal, handling, transport, treatment, encapsulation or disposal of asbestos or asbestos-containing materials.
11.2 The Client warrants that Capital Plumbing has been advised of any known or suspected asbestos or hazardous materials present at the Site.
11.3 If Capital Plumbing encounters material reasonably suspected of containing asbestos or other hazardous substances during the Works, Capital Plumbing may immediately cease the affected Works until the material has been assessed by a suitably qualified person.
11.4 Any delay, specialist attendance, testing, removal, disposal, remobilisation or associated costs arising from suspected or confirmed asbestos or hazardous materials shall constitute a Variation.
11.5 Capital Plumbing accepts no responsibility for costs, delays, losses or damages arising from the presence of asbestos or hazardous materials unless Capital Plumbing has been specifically engaged in writing to manage those materials.
11.6 Capital Plumbing reserves the right to refuse to carry out any work where asbestos or hazardous materials present an unacceptable risk to the health and safety of its employees, subcontractors or others.

12. PRODUCTS, MATERIALS AND CLIENT-SUPPLIED ITEMS
12.1 Capital Plumbing will supply products and materials that are suitable for the intended Works unless otherwise agreed.
12.2 Where specified products become unavailable due to manufacturer discontinuation, supplier shortages, import delays or circumstances beyond Capital Plumbing’s reasonable control, Capital Plumbing may propose an alternative product of comparable quality and performance.
12.3 Where the substitute product differs in price, the Contract Price shall be adjusted accordingly.
12.4 Capital Plumbing will not knowingly install products that, in its reasonable opinion, are unsafe, non-compliant or unsuitable for the intended application.
12.5 Where the Client supplies products for installation, Capital Plumbing:
(a) does not warrant those products;
(b) does not guarantee compatibility;
(c) is not responsible for manufacturer defects;
(d) is not responsible for delays resulting from defective, damaged or incomplete products; and
(e) may charge additional labour where installation requires additional time or modification.
12.6 Products purchased online or imported by the Client may not comply with Australian Standards or certification requirements. Capital Plumbing reserves the right to refuse installation where compliance cannot reasonably be confirmed.
12.7 Exact matching of existing fixtures, tapware, toilets, basins, tiles, finishes or accessories cannot be guaranteed due to ageing, weathering, manufacturing changes or discontinued products.

13. DELIVERY OF SERVICES
13.1 Any commencement date or completion date provided by Capital Plumbing is an estimate only.
13.2 Capital Plumbing shall not be liable for delays caused by:
(a) weather;
(b) supplier delays;
(c) material shortages;
(d) authority approvals;
(e) utility providers;
(f) industrial action;
(g) emergency works;
(h) Client delays;
(i) Latent Conditions; or
(j) any event beyond Capital Plumbing’s reasonable control.
13.3 Capital Plumbing shall be entitled to a reasonable extension of time where delays occur due to circumstances outside its reasonable control.
13.4 Capital Plumbing may suspend the Works where continuation would be unsafe, unlawful or commercially impractical.

14. PHOTOGRAPHS AND SITE RECORDS
14.1 Capital Plumbing may photograph, video record or otherwise document the Site before, during and after the Works.
14.2 Such records may be used for:
(a) quality assurance;
(b) warranty administration;
(c) insurance purposes;
(d) dispute resolution;
(e) training;
(f) compliance records; and
(g) internal business records.
14.3 Capital Plumbing will take reasonable care not to disclose confidential or personal information contained within such records except where required by law or reasonably necessary to protect its legal interests.
14.4 The Client acknowledges that photographic records may be relied upon by Capital Plumbing as evidence of existing conditions, completed Works and site circumstances.

15. WORK HEALTH AND SAFETY
15.1 Capital Plumbing is committed to maintaining a safe workplace in accordance with applicable Work Health and Safety legislation.
15.2 The Client must provide a Site that is reasonably safe for the Works to be carried out.
15.3 The Client must advise Capital Plumbing of any known hazards including, but not limited to:
(a) asbestos;
(b) lead;
(c) mould;
(d) aggressive animals;
(e) unsafe structures;
(f) confined spaces;
(g) contaminated ground;
(h) chemical hazards; and
(i) electrical hazards.
15.4 Capital Plumbing may suspend or refuse to carry out the Works where, in its reasonable opinion, the Site presents an unacceptable safety risk.
15.5 Any costs associated with making the Site safe or delays arising from unsafe conditions shall constitute a Variation where those conditions were not caused by Capital Plumbing.

16. WARRANTIES
16.1 Capital Plumbing warrants that all workmanship will be carried out with reasonable skill and care and in accordance with applicable Australian laws and standards.
16.2 Unless otherwise stated in writing, Capital Plumbing provides a twelve (12) month workmanship warranty from the date of Practical Completion in respect of workmanship only.
16.3 Manufacturer warranties apply to products supplied by Capital Plumbing and remain subject to the terms and conditions of the relevant manufacturer.
16.4 The workmanship warranty does not apply where defects or failures arise from:
(a) fair wear and tear;
(b) misuse, abuse or neglect;
(c) accidental damage;
(d) vandalism;
(e) storm, flood, fire or other natural events;
(f) movement or failure of the building structure;
(g) deterioration of existing plumbing not replaced by Capital Plumbing;
(h) blockages caused after completion of the Works;
(i) failure to maintain the plumbing system in accordance with manufacturer recommendations;
(j) work carried out by others after completion of the Works;
(k) products supplied by the Client;
(l) existing waterproofing failures; or
(m) circumstances beyond the reasonable control of Capital Plumbing.
16.5 The Client must notify Capital Plumbing of any warranty claim as soon as reasonably practicable after becoming aware of the alleged defect.
16.6 Capital Plumbing must be provided with a reasonable opportunity to inspect the alleged defect before any rectification work is carried out by another contractor.
16.7 Except where an immediate response is reasonably required to prevent:
(a) injury to persons;
(b) significant property damage; or
(c) an immediate health or safety risk,
all warranty inspections and warranty rectification works will be undertaken during Capital Plumbing’s normal business hours.
16.8 Where another contractor is engaged by the Client without first providing Capital Plumbing a reasonable opportunity to inspect and rectify the alleged defect, Capital Plumbing shall not be responsible for the costs of that contractor or any associated costs.
16.9 Where inspection determines that the alleged defect is not covered by this warranty, Capital Plumbing may charge the Client its reasonable attendance, labour, travel and material costs.
16.10 The remedies provided under this warranty are subject to the rights and remedies available under the Australian Consumer Law, which cannot be excluded, restricted or modified.

17. PAYMENT TERMS
17.1 Unless otherwise agreed in writing, payment is due immediately upon completion of the Works.
17.2 Commercial account holders shall pay invoices in accordance with the approved trading terms applying to their account.
17.3 Capital Plumbing may require payment by cash, EFTPOS, direct deposit, credit card or any other approved payment method.
17.4 Deposits may be required prior to commencement of certain Works.
17.5 Progress payments may be required for larger projects or where the Works extend over multiple days.
17.6 Capital Plumbing reserves the right to suspend the Works where payment is overdue.
17.7 Interest may be charged on overdue accounts at a rate not exceeding the maximum rate permitted by law.
17.8 The Client shall indemnify Capital Plumbing for all reasonable costs incurred in recovering overdue amounts, including legal costs, debt collection fees and court costs on a full indemnity basis where permitted by law.
17.9 The Client is not entitled to withhold payment because of any claim, dispute or alleged defect unless required by law. 17.10 Call‑out fees, minimum labour charges and after‑hours rates may apply. These will be disclosed at the time of booking or in the quotation.

17.11 If you cancel a booking after a technician has been dispatched, a cancellation fee may apply. If materials have been ordered or costs incurred, these may be charged to you.

18. LIMITATION OF LIABILITY
18.1 Nothing contained within these Terms & Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.
18.2 Subject to Clause 18.1, Capital Plumbing shall not be liable for any indirect, consequential, incidental or special loss including, but not limited to:
(a) loss of profit;
(b) loss of income;
(c) business interruption;
(d) loss of opportunity;
(e) loss of goodwill;
(f) accommodation costs;
(g) inconvenience;
(h) food spoilage;
(i) water usage charges; or
(j) any consequential economic loss.
18.3 Capital Plumbing’s liability is limited to losses directly arising from its failure to exercise reasonable skill and care in carrying out the Works.
18.4 Capital Plumbing shall not be liable for defects, failures or damage arising from:
(a) pre-existing conditions;
(b) deterioration of existing plumbing systems;
(c) Latent Conditions;
(d) building movement;
(e) structural defects;
(f) defective waterproofing;
(g) third-party workmanship;
(h) client-supplied products;
(i) incorrect information supplied by the Client; or
(j) failure by the Client to follow recommendations provided by Capital Plumbing.
18.5 To the extent permitted by law, Capital Plumbing’s total liability arising out of any single claim shall not exceed the value of the Works giving rise to that claim.
18.6 The Client agrees to take all reasonable steps to minimise any loss or damage arising from any alleged defect or failure.
18.7 Nothing in these Terms & Conditions shall make Capital Plumbing responsible for losses that are remote, unforeseeable or not reasonably attributable to the Works performed by Capital Plumbing.

19. PRIVACY
19.1 Capital Plumbing may collect, use and disclose personal information for the purposes of:
(a) preparing quotations;
(b) supplying goods and services;
(c) administering customer accounts;
(d) processing payments;
(e) arranging deliveries;
(f) warranty administration;
(g) responding to enquiries;
(h) complying with legal obligations; and
(i) any other purpose reasonably connected with the provision of goods and services.
19.2 Capital Plumbing will manage personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy.
19.3 The Client consents to Capital Plumbing disclosing information to third parties where reasonably necessary to perform the Works, including suppliers, manufacturers, subcontractors, insurers, debt recovery agencies, legal advisers and government authorities.
19.4 Capital Plumbing may obtain commercial and credit information where reasonably necessary to assess or manage trading accounts.

20. DEFAULT
20.1 A Client is in default where:
(a) payment is not made when due;
(b) the Client breaches these Terms & Conditions;
(c) the Client becomes insolvent or enters external administration;
(d) the Client ceases carrying on business; or
(e) Capital Plumbing reasonably believes payment is at risk.
20.2 Upon default, Capital Plumbing may, without prejudice to any other rights:
(a) suspend the Works;
(b) terminate the agreement;
(c) refuse further supply;
(d) recover any outstanding monies;
(e) recover Goods where ownership has not passed; and
(f) commence legal proceedings.
20.3 Exercise of any right under this clause does not prevent Capital Plumbing from exercising any other rights available at law.

21. FORCE MAJEURE
21.1 Capital Plumbing shall not be liable for any delay or failure to perform its obligations where caused by circumstances beyond its reasonable control, including but not limited to:
(a) natural disasters;
(b) severe weather;
(c) flood;
(d) fire;
(e) pandemic or epidemic;
(f) industrial disputes;
(g) material shortages;
(h) supplier failure;
(i) transport interruption;
(j) government action;
(k) utility failures; or
(l) any other event beyond the reasonable control of Capital Plumbing.
21.2 Capital Plumbing shall be entitled to a reasonable extension of time for performance of the Works.

22. GENERAL
22.1 No failure or delay by Capital Plumbing in exercising any right under these Terms & Conditions constitutes a waiver of that right.
22.2 Any amendment to these Terms & Conditions must be made in writing by Capital Plumbing.
22.3 These Terms & Conditions constitute the entire agreement between Capital Plumbing and the Client in relation to the Works unless expressly varied in writing.
22.4 If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
22.5 These Terms & Conditions are governed by the laws of Queensland, Australia.
22.6 The parties submit to the jurisdiction of the Courts of Queensland and any courts competent to hear appeals from those courts.

22.7 Website Use Disclaimer – Browsing our website does not form a contract.
A binding agreement only exists once a quotation is accepted or Works are authorised.

SCHEDULE A
STANDARD EXCLUSIONS
Unless expressly included within the quotation, the following are excluded:
• Asbestos identification, testing, removal or disposal.
• Hazardous material management.
• Structural engineering.
• Building design.
• Waterproofing.
• Painting.
• Plastering.
• Carpentry.
• Cabinet making.
• Tiling.
• Floor coverings.
• Concrete cutting beyond that reasonably required for the Works.
• Decorative reinstatement.
• Landscaping.
• Electrical works.
• Gas appliance servicing not specifically quoted.
• Council application fees.
• Utility authority charges.
• Traffic management.
• Crane hire.
• Temporary accommodation.
• Loss of business.
• Loss of income.
• Loss of rent.
• Food spoilage.
• Existing defects not caused by Capital Plumbing.

SCHEDULE B
CLIENT RESPONSIBILITIES
The Client agrees to:
• provide safe and reasonable access to the Site;
• disclose known asbestos and hazardous materials;
• disclose known plumbing defects;
• provide accurate information;
• obtain all approvals not specifically included within the quotation;
• remove valuable or fragile items from the work area where reasonably practicable;
• secure pets;
• supervise children;
• make payments when due;
• promptly notify Capital Plumbing of any concerns regarding the Works; and
• provide Capital Plumbing with a reasonable opportunity to inspect and rectify any alleged defect before engaging another contractor.

ACCEPTANCE
Acceptance of any quotation, work order or instruction to commence the Works constitutes acceptance of these Standard Terms & Conditions.
These Terms & Conditions apply to all goods and services supplied by Capital Plumbing (Qld) Pty Ltd unless otherwise agreed in writing.