Capital Plumbing Terms & Conditions
Below you will find additional detail with regards to our various policies and conditions. All information provided is subject to change at Capital Plumbing (QLD) Pty Ltd discretion.
TERMS OF USE
By accessing Capital Plumbing, you are agreeing to be bound by this website’s Terms and Conditions of Use, Privacy Policy, and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Capital Plumbing. The materials contained in Capital Plumbing are protected by applicable copyright and trademark law.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on Plumber Gold Coast and all content and software located on the site shall remain the sole property of Capital Plumbing or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Capital Plumbing.
You must not:
- Republish material from Capital Plumbing without prior written consent.
- Sell or rent material from Capital Plumbing.
- Reproduce, duplicate, create derivative, copy or otherwise exploit material on Capital Plumbing for any purpose.
- Redistribute any content from Capital Plumbing, including onto another website.
Acceptable Use
You agree to use Capital Plumbing only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behaviour includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within Capital Plumbing. You must not use Capital Plumbing to send unsolicited commercial communications. You must not use the content on Capital Plumbing for any marketing related purpose without our express written consent.
Restricted Access
We may in the future need to restrict access to parts (or all) of Capital Plumbing and reserve full rights to do so. If at any point, we provide you with a username and password for you to access restricted areas of Capital Plumbing, you must ensure that both your username and password are kept confidential.
Revisions
Capital Plumbing may change these terms from time to time and so you should check these terms regularly. Your continued use of Capital Plumbing will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using Capital Plumbing immediately.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Information on this Site
Information about goods on the Site is based on material provided by third party merchants, wholesalers, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by any of these third parties.
Due to digital, photographic and screen limitations associated with the representation of products, some actual products (including hot water systems, filters systems, toilets and tapware) may differ to a small extent in visual appearance from the way they appear on the Site.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, images and materials found or offered on this website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors fully permitted by law.
Your use of any information, products or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).
We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website are subject to the laws of Queensland, Australia.
LIMITATION OF LIABILITY
The materials at Capital Plumbing are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Capital Plumbing or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if capital plumbing has been advised of the possibility of such loss or damages.
CAPITAL PLUMBING (QLD) PTY LTD - STANDARD TERMS & CONDITIONS OF SUPPLY & SALE
INTERPRETATION
1.1 The following are the terms and conditions of supply and sale (hereinafter referred to as the “terms and conditions”) between Capital Plumbing (QLD) Pty Ltd or its subsidiaries and agents (hereinafter referred as Capital) and the Buyer, applicable to and incorporated onto each agreement arising out of:
a) Orders accepted by Capital for the purchase of goods and services from Capital by the Buyer, or
b) The supply and sale of goods or services to the Buyer by Capital.
1.2 The Buyer means any person who purchases any goods or services from Capital at any time for any purpose, or any authorised representative of the Buyer or any employee of the Buyer.
PRICES, QUOTES, PROPOSALS & ORDERS
2.1 Prices are subject to alteration without notice, and goods and services are supplied at prices ruling to date of the invoice, stated on each invoice.
2.2 All quotations given by Capital are subject to withdrawal or variation at any time prior to Capital’s acceptance of the Buyers order. No Buyers order or request shall be binding on Capital until accepted by Capital.
2.3 Whilst Capital assist in design and feasibility of various projects, and at all times advise as to works required, Capital takes no responsibility for the accuracy of information given by its representatives.
2.4 The Buyer must give notice to Capital of any claimed incorrect charges, short delivery, non-delivery of goods and defective stock, in writing within the earliest of:
a) 7 days of delivery, or
b) If goods are claimed by the buyer not to have been delivered, 7 days after receipt of an invoice, statement, or delivery docket (whichever is earlier) referring to such goods.
2.5 Failure to give notice in writing within such time shall be deemed to be accepted of correct charging and delivery in full in good order. No claim shall be entertained in respect of defects ascertainable upon delivery unless made in writing with 7 days of delivery.
2.6 The Buyer shall pay Capital the goods and service tax (“GST”) when applicable, chargeable upon all goods and service supplied by Capital to the Buyer (including any additional tax payable in the event of default in payment by the Buyer) at the same time and in the same manner as payment for the goods and services.
2.7 If any condition or purported condition of the Buyer’s order conflicts with these Terms and Conditions then those Terms and Conditions shall prevail to the extent of any inconsistency, unless otherwise agreed by Capital in writing signed by the Director or General Manager.
2.8 If any condition of the Buyer’s order purports to vary these conditions the same will not be binding upon Capital unless agreed by Capital in writing signed by the Director or General Manager.
2.9 All preliminary prices quoted or indicated in the initial quotation are a guide only and are subject to the final job costs and requirements as specified by the Buyers and may vary accordingly.
DELIVERY
3.1 Goods are the Buyer’s risk from the time of delivery.
3.2 Capital may deliver all goods and services ordered by the Buyer to the address set out in the form or any other place nominated by the Buyer or within 100 meters of the same.
3.3 Any acknowledgement signed by the Buyers that the goods or services were delivered shall be conclusive proof of delivery by Capital of those goods are services to the Buyer.
3.4 All quoted delivery dates are estimates only and Capital has no obligation to meet such dates. In the event that any delay is caused by circumstances beyond Capital’s control. Capital may suspend delivery without relieving the Buyer of its obligation.
3.5 If the Buyer chooses to use its own carrier, then the Buyer shall bear and indemnity Capital against any costs, losses, damages, or liabilities, arising from the transportation of goods once delivery has been made by Capital to the Buyers carrier or the Buyers carrier pick sup from Capital or a specified location.
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TITLE
4.1 Notwithstanding the delivery of goods to the Buyer, title to and ownership of the goods remains with Capital until payments in full of the invoice by the Buyer. If payments by cheque, bill of exchange, money order, credit card, or direct debit receipt, title shall not pass to the Buyer until the same is honoured.
4.2 Should any goods be disposed of by the Buyer in the ordinary course of retail trade to bona fide customers prior to payment of the invoice, any monies received by the Buyer in payment for the same shall be held in trust for Capital by the Buyer.
4.3 The Buyer irrevocably authorises Capital and its agents to enter upon the Buyer’s premises or any premises in the Buyer’s possession or control and to retake possession of goods for which payment has not been received by Capital, notwithstanding that such goods may be mixed with other goods of the Buyer. The Buyer irrevocably authorises Capital to take possession of goods having the same description and/or value as goods the invoice for which has not been received.
4.4 Capital shall not be liable to the Buyer for any loss or damage arising from actions in subparagraph 4.3 of this clause.
PAYMENT & INTEREST
5.1 Unless before the delivery of the goods, Capital, has notified the Buyers in writing that payment of goods delivered may, or is required to be made at the same time (the total amount of each invoice must be paid as directed by Capital:
a) on completion of delivery of goods and/or services if the invoice is delivered with or before the goods and/or services or,
b) within seven days of the date of the invoice if the invoice is not delivered with or before the goods.
5.2 Capital may give notice in writing at any time and from time to time requiring or permitting payment to be made at some other time and may withdraw by notice in writing any such requirement or permission. Without limiting to the above, Capital may terminate or suspend authorisation to purchase goods upon credit at any time without notice.
5.3 Without prejudice to any of Capital’s rights, Capital may at its discretion charge interest on any amounts overdue for payment at a rate of 7% higher than the prevailing interest rate on overdraft accounts operated by Capital’s bank and may compound interest monthly.
5.4 If payment of any invoice is overdue, the whole amount of invoices then unpaid become immediately due and payable.
5.5 The costs of collecting any monies or debts payable to Capital (including but not limited to only the form of mercantile agent/s or solicitor engaged by Capital) shall be recoverable in full from the Buyer.
5.6 A certified letter signed by the Secretary of Capital or his nominee stating the sum payable by the Buyer at a date shall be prima facie evidence that the sum so stated is the sum payable to Capital at that date.
5.7 Capital may from time to time nominate or vary the period for payment and/or the amount of the Buyers maximum credit limit, and such amount shall not be exceeded in any separate month from the month giving notice of each nomination or variation by Capital to the Buyer.
5.8 The Buyer acknowledges and agrees that Capital may acquire personal information about the Buyer from a Credit Reporting Agency and/or the Buyers Bank and may disclose any personal information relevant to the Buyer’s credit with Capital to a Credit Reporting Agency. The Buyer further acknowledges that Capital has complied with all obligations that may be owed to the Buyer under the Privacy Act.
WARRANTY
A 12-month warranty on all workmanship is subject to Capital Plumbing’s Terms and Conditions of Supply & Sale (a copy can be requested from the office) and the below warranty conditions. Invoice must be provided upon a claim of warranty.
6.1 All implied conditions and warranties which may by law be excluded in relation to the supply of goods and services by Capital are hereby excluded. To the extent that conditions or warranties the exclusion of which would:
a) render an agreement incorporating these conditions between Capital and the Buyer (of which these conditions form part) void and voidable or render Capital liable to a penalty, or
b) which may not by the terms of Trade Practices Act or relevant State legislation be excluded or modified, then such conditions or warranties shall apply to the goods supplied by Capital.
6.2 Where any legislation provided for remedies in the event of Capital’s breach of a condition or warranty, whether statutory or otherwise, then the Buyer’s sole remedy for any such breach shall at the option of Capital be limited to:
a) Such remedy; or
b) The replacement of the goods; or
c) The repair of the goods; or
d) The payment of the cost of replacing the goods.
6.3 Capital will not be liable for any costs, claims, damages, or demands arising from personal injury, loss or damage whatsoever occurring to the Buyer or its servants or agents as a result of either the acts or omissions of Capital, Its servants and agents and in no case shall Capital be liable for any consequential loss or damage.
6.4 Any item supplied but not manufactured by Capital carries a standard manufacturer’s warranty.
6.5 Heating elements, filters, blocked drains, and any perishable items are not covered under the warranty from Capital.
6.6 At no time will Capital be held responsible for food or water loss.
6.7 If in the opinion of Capital correct maintenance has not been carried out according to Capital recommendations and/or Manufacturer guidelines then Capital has the right to vary warranty conditions at its discretion.
6.8 Any warranty, guarantees and manufacturer warranty supplied by Capital is subject to compliance with these terms and conditions and all Payments and Interest requirements; otherwise, Capital has the right to vary and/or void warranty conditions at its discretion.
6.9 All warranties are void if payment is not made when due.
6.10 The Buyer indemnifies Capital to ensure that the warranty applicable on any goods or services between Capital and the Buyer will continue to apply between Capital and the new purchaser in relation to the sale of the Buyer’s business. All other warranties extend only to the customer and are not transferable.
6.11 All warranty claims are subject to the Manufacturer’s inspection and determination that the warranty applies. Should another provider attend the property to inspect, make repairs or perform works on any Capital Plumbing works without the consent of Capital Plumbing, Capital Plumbing has the right to vary and/or void warranty conditions at its discretion.
6.12 No free service is attached to a warranty claim, and all labour and ancillary material required to replace defective components are chargeable to the Buyer.
1.0 All implied conditions and warranties which may by law be excluded in relation to the supply of goods and services by Capital Plumbing are hereby excluded. To the extent that conditions and warranties, the exclusions of which would:
a) render an agreement incorporating these conditions between Capital Plumbing and the Buyer (of which these conditions form part) void and voidable or render Capital Plumbing liable to a penalty: or
b) which may not by the terms of Trade Practices Act or relevant State legislation be excluded or modified, such conditions or warranties shall apply to the goods supplied by Capital Plumbing.
2.0 Where any legislation provides for remedies in the event of Capital Plumbing’s breach of a condition of warranty, whether statutory or otherwise, then the Buyer’s sole remedy for any such breach shall at the option of Capital Plumbing be limited to:
a) Such remedy; or
b) The replacement of the goods; or
c) The repair of the goods; or
d) The payment of the cost of replacing the goods.
3.0 Capital Plumbing will not be liable for any costs, claims, damages, or demands arising from personal injury, loss or damage whatsoever occurring to the Buyer or its servants or agents as a result of either acts or omissions of Capital Plumbing, its servants and agents and in no case shall Capital Plumbing be liable for any consequential loss or damage.
4.0 Any item supplied but not manufactured by Capital Plumbing carry a standard manufacturer’s warranty.
5.0 Heating elements, filters, blocked drains and perishable items are not covered under warranty from Capital Plumbing.
6.0 At no time will Capital Plumbing be held responsible for food or water loss.
7.0 If, in the opinion of Capital Plumbing, correct maintenance has not been carried out according to Capital Plumbing recommendations and/or Manufacturer’s guidelines, then Capital Plumbing has the right to vary warranty conditions at its discretion.
8.0 Any warranty, guarantees and manufacturer warranty supplied by Capital Plumbing is subject to compliance with these terms and conditions and all payments and Interest requirements; otherwise, Capital Plumbing has the right to vary and/or void warranty conditions at its discretion.
9.0 All warranties are void if payment is not made when due.
10.0 The Buyer indemnifies Capital Plumbing to ensure that the warranty applicable on any goods and services between Capital Plumbing and the Buyer will continue to apply between Capital Plumbing and the new purchaser in relation to the sale of a Buyers business or property. All other warranties extend only to the Buyer/customer and are not transferrable.
11. All warranty claims are subject to Capital Plumbings or an authorised Manufacturer’s inspection and determination that the warranty applies. Should another provider attend the property to inspect, make repairs or perform works on any Capital Plumbing works without the consent of Capital Plumbing, Capital Plumbing has the right to vary and/or void warranty conditions at its discretion.
12.0 No service fee is attached to a warranty claim, and all labour and ancillary material required to replace defective components are chargeable to the Buyer.
GENERALLY
7.1 It is the Buyer’s responsibility to notify Capital of any change in the ownership, operation, operation, or structure of the business conducted by the Buyer. Such notification shall be given in writing. Unless and until such notification is given and acknowledged by Capital Pursuant to the obligations herein for the goods delivered to the business as if such change of ownership, operation, and structure of the business had not taken place.
7.2 Capital may at any time from time to time alter, amend, add, or delete from these Terms and Conditions.
7.3 Any waiver by Capital of a breach of this Agreement by the Buyer or any other party shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
7.4 Where the context permits, a reference to the singular included the plural and vice-versa.
7.5 These Terms and Conditions are each agreement incorporating them shall be governed by and constructed in accordance with the laws of the State of Queensland and the Courts of Appeal there from.
7.6 To the extent permitted by law, Capital shall not be liable for, and the Buyer shall indemnify and hold Capital harmless against any claim, loss or damage to any person or property directly or indirectly occasioned by or arising from the use or operation of possession of the goods. This indemnity shall extend to any costs and expenses incurred by Capital and shall continue in force notwithstanding the termination of this agreement.
DECLARATION
To proceed, I must have read and agreed to these terms and conditions. By entering or continuing on this website, I declare that I have read, understood, acknowledge, and agree to these terms and conditions including the exclusion of implied terms, warning, assumption of risk, release and indemnity. I agree that these terms and conditions will bind me.
Last Revision Date: 21/03/2022
Full details of our Terms & Conditions of Sale & Supply can be requested at info@capitaltrades.com.au
