Terms and Conditions

A G LETHLEAN PLUMBING ENTERPRISES PTY LTD (RESCUE PLUMBING)

By instructing Rescue Plumbing to supply goods & services, the customer acknowledges reading & agreeing to be bound by the terms of this agreement.

1. INTERPRETATION / DEFINITIONS

“Company” means A G Lethlean Plumbing Enterprises Pty Ltd trading as Rescue Plumbing (ABN: 85 007 084 817) or any agents, contractors or employees thereof.
“Customer” means the other party to the agreement for services. Where an Agent acts for a customer in instructing Rescue Plumbing to carry out works the Agent indemnifies Rescue Plumbing against the end customer failing to make payment in full within the agreed payment terms. These terms and conditions shall apply to the Agent as if they were the customer and the instructing Agent shall make good any failure by the customer to pay their invoices in accordance with the agreed terms.
“Agreement” means an agreement between Rescue Plumbing and the Customer for the provision of plumbing services, associated services and other ancillary services. An Agreement will come into existence on the date the Customer signs or approves the Authorisation in writing or verbally in accordance with these Terms and Conditions.
“Website” means the company website (www.rescueplumbing.com.au).
“Price” means the Quotation Price as previously agreed with the Customer. The price can be adjusted by Rescue Plumbing in accordance with these Terms & conditions as necessary.
“Request for Services” means a request for services submitted by the Customer to Rescue Plumbing which details the scope of works sought.
“Goods & Services” means the goods and services to be supplied by Rescue Plumbing to the Customer in accordance with the Authorisation.
“Site” means the location of works to be undertaken.
“Subject to Change” means the Terms & Conditions are subject to change without notice.
“Acceptance of Terms” means accepting relevant Terms & Conditions stated herewith.
“Signing” Signing the Quotation or Invoice is a legal document and your acceptance of Rescue Plumbing Terms & Conditions.

2. AUTHORISATION

The Customer must provide sufficient information when submitting a request for services to enable Rescue Plumbing to provide an accurate Authorisation and Quotation Price. Any deficiency in the Services caused by inadequate or inaccurate information provided in a Request for Goods & Services will be the Customer's responsibility.
Rescue Plumbing will not be liable for any loss or damage caused as a result of the Customer's inadequate or inaccurate information.

3. THE CUSTOMER

The Customer will ensure that Rescue Plumbing has clear and adequate uninterrupted access to the site at which the Services will be performed, for the duration of the Services. Rescue Plumbing will not be liable for any loss or damage suffered by the customer or its property as a result of clear and adequate access not being provided.
The Customer acknowledges and agrees that any building or construction sites on which the Services are performed will comply with all applicable occupational health and safety laws relating to building and construction sites and any other relevant safety standards or legislation.
Rescue Plumbing is not responsible for the removal of rubbish or cleanup of the site at which the Services are performed unless agreed upon with the Customer.
If the Customer is to provide goods or services for which the Services are required, then the Customer must have the site ready and goods available at least 24 hours before the time at which Rescue Plumbing is required to perform the relevant Services.

4. PAYMENTS & SUPPLY OF GOODS AND SERVICES

Rescue Plumbing's fees & charges are subject to change without notification to the Customer.
Goods and services will be supplied to the Customer's address on the quotation unless otherwise notified to Rescue Plumbing by the Customer.
Where quoted works are valued at $1,000.00 or more a deposit of at least 50% of the estimated or quoted amount will be required to be paid in full, free and clear funds in our bank account, prior to any works commencing. Once a deposit is paid and works have commenced a deposit is not refundable in any amount.
Invoices are payable in full without any deduction when the goods & services are supplied, unless otherwise agreed in writing with Rescue Plumbing. All goods shall remain the property of Rescue Plumbing until payment is received in full.
The Customer agrees to pay the full invoice amount upon completion of works. Failure to make any payment upon completion of works on site shall be deemed a material breach of the contract.
In the event of non-payment Rescue Plumbing may at its sole discretion, terminate work under this agreement. In the event of such termination for non-payment, Rescue Plumbing shall be entitled to all of its expenses incurred, including labour, and materials, as well as its overheads, and all profits it would have obtained had this Agreement been fully performed. Rescue Plumbing shall also be entitled to any, and all other remedies allowed by law. The Customer agrees to pay Rescue Plumbing all expenses (including legal costs and mercantile agent fees and commissions) incurred in collecting any outstanding debts due by the Customer to Rescue Plumbing.
No deductions shall be made from any Rescue Plumbing invoice or from a payment owing to Rescue Plumbing for any reason/s, including but not limited to liquidated damages, penalties, or back charges assessed by customer or third parties.
Payment must be made by one of Rescue Plumbing's accepted payment methods at the time payment is due. If payment is not by cash, then payment will not be deemed to have occurred until the full price has been cleared and is available as free and clear funds in Rescue Plumbing's bank account.
Any payments which fall past the works completion date (unless otherwise agreed in writing) are overdue and shall incur interest costs of 4.5% above the Penalty Interest Rate calculated weekly (in cycles of 7 days) until invoices are paid in full.
Invoices remaining unpaid in full past their due by date shall accumulate interest at the rate of 4.5% above the Penalty Interest Rate from the date the invoice was due. Interest cost shall be calculated weekly (in cycles of 7 days) and added to any invoice not paid in full.
Where actions are taken by us for the collection of monies due in the form of (but not limited to) invoice reminders or any other statements, emails, letters, SMS, phone calls or other communication required to be made by us to you or your Agent to pursue payment of unpaid invoices, administration costs for each instance shall be charged and added to the amount owing. As of 1 June 2024 each administration action taken to pursue outstanding monies shall be charged at $51.44 including GST.
Where any third parties are engaged to collect unpaid monies owing by you, all costs incurred from this engagement shall be added to amounts owing by you to us.
Labour costs are charged at a minimum of 15 minute increments in whole or part thereof.
Rescue Plumbing's quotation is based on a visual inspection of site, but the actual extent or nature of the goods and services may not become apparent until work commences. Rescue Plumbing reserves the right to vary the quotation once the supply of goods and services is commenced.
All quoted works are subject to variations as required and are at the discretion of Rescue Plumbing, in order to carry out & complete works to Australian & Safety Standards (including Victorian Building Authority regulations).
Unless previously withdrawn, a quotation issued by Rescue Plumbing is open for acceptance for 30 days. Rescue Plumbing reserves the right to refuse any request for services by the Customer within 7 days of the request being made.
Once a request for services has been accepted by Rescue Plumbing, the Customer cannot cancel it without the express agreement of Rescue Plumbing. Where Rescue Plumbing has ordered materials from a third party, cancellation will only be possible if the Customer agrees to pay the cost of materials incurred by Rescue Plumbing.
Rescue Plumbing may, at any time after acceptance of a request for services, cancel the supply of goods and services or any part of them and Rescue Plumbing will not be liable for any loss or damage suffered by the Customer as the result of such cancellation.
If there is any change, variation in the goods and services, the subject of the request for service / scope of works or any extra work carried out by Rescue Plumbing, these will be charged by Rescue Plumbing at Rescue Plumbing's standard rates and will be shown as variations in Rescue Plumbing's tax invoice.
Additional fees & charges shall apply when goods and services are supplied outside of normal business hours, being 7:00 am to 4:00 pm Monday to Friday.
The Customer accepts that invoices shall NOT be itemized.
All invoices presented are claims made under the Building and Construction Industry Security of Payment Act 2002.

5. REFUND POLICY

Rescue Plumbing does not have an obligation to provide a refund. If the goods are faulty, Rescue Plumbing will comply with all applicable laws.

6. WARRANTY

The warranty shall be valid for 6 months on materials (unless otherwise stated) from invoice date.
The warranty shall only be valid on exact location & works as carried out by Rescue Plumbing. The Customer must provide original invoice for proof of works.
All valve & valve type parts as well as any specified items installed by Rescue Plumbing must be serviced every 6 months by Rescue Plumbing. Failure to do so shall void all warranties. It is the sole responsibility of the Customer to arrange an appointment for servicing.
The Customer shall inspect the goods & works on completion & must report any defects to parts or installation works within 48 hours in writing to Rescue Plumbing of any alleged defects, shortage in quantity or damage. The Customer shall give Rescue Plumbing an opportunity to inspect the alleged damage/defect within 4 working days from date of written notification & give Rescue Plumbing the opportunity to make good any defects to reasonable standards within 14 working days.
No warranty shall be provided on blocked sewers, blocked drainage or blocked stormwater.
Certificates of Compliance shall incur an additional fee of $90 plus GST.

7. CUSTOMERS DISCLAIMER

The Customer hereby disclaims any right to withdraw, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of Rescue Plumbing.
The Customer acknowledges that he/she buys the goods or services of Rescue Plumbing relying solely upon his/her own skill and judgment. Rescue Plumbing shall not be bound by, nor responsible for any other terms and conditions, representation or warranty other than the warranty given by the manufacturer which warranty shall be personal to the Customer and shall not be transferable to any subsequent Customer.

8. INDEMNITY

The Customer will indemnify & keep Rescue Plumbing and its directors, agents and employees indemnified against all actions, losses, liabilities, costs and expenses (including reasonable legal costs or expenses), claim or proceedings of any kind which may arise from services which are buried, unseen, disturbed and or damaged or be brought against or suffered or incurred by any of them, arising directly or indirectly out of or in relation to damage to the premises (real or personal), the work site or any property of Rescue Plumbing left at the Customer's premises or in respect of injury to any person at the Customer's premises or as the result of a breach of this agreement by the Customer. Rescue Plumbing will not be liable for any repair work. Any repair work required will be paid at the Customer's expense.

9. EXISTING PLUMBING

No warranty is provided for any existing plumbing fixtures, pipes, or systems. Furthermore, the Customer understands that connections to existing plumbing may be impossible due to the conditions of the existing pipes of their location. The Customer agrees to pay any extra costs necessary to remedy the situation.
The Customer hereby acknowledges that aged and deteriorated plumbing fixtures, piping, and appurtenances may no longer be serviceable.
The Customer hereby agrees to hold Rescue Plumbing harmless from and defend Rescue Plumbing against any and all claims of liability for damages to those items or otherwise resulting from conventional repair efforts.

10. ROCK & FILLED GROUND EXCLUSIONS

Unless specifically included in written quotes and/or estimates, rock excavation, shale excavation, trench shoring, tree or root removal, dewatering or supportive work such as pier and beams for filled or made up ground will be charged out as a variation of the original price. The quotation is based on the excavation of clean soils only, unless otherwise specifically stated in writing.
Existing soils shall be returned to excavated areas where possible and the ground shall be left filled. Landscaping and concrete works are not included in quotation unless specified in writing. All concrete, paving and landscape works including shrub/plant & lawn replacement will be treated as a variation and will be subject to a separate agreement.

11. DRAINS & SEWER

The Customer agrees that the presence of plant/tree root growth and/or blockages may indicate damaged pipes. The Customer agrees that blocked drains, sewer pipes and storm water lines cannot be permanently fixed by simply removing “plant/tree root growth” or cleaning the drain. No warranty is provided in relation to future blockages regardless of timeframe reoccurring whether in the same location or other drainage/sewer lines within the same property.
The Customer acknowledges that Closed Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at Rescue Plumbing's sole discretion in an attempt to identify the source of the blocked drain. Should CCTV equipment be used the Customer acknowledges that additional charges will be imposed.
Should any of Rescue Plumbing's equipment become lodged or damaged in the Customer's drain it will be removed and/or repaired at the Customer's expense (includes materials, parts & labour) or monetary compensation to the total replacement of same or higher quality value and will become payable to Rescue Plumbing immediately.

12. RESTORATION

Rescue Plumbing will take care when supplying the goods and services to minimise any disturbance or damage to surrounding areas including walls, ceilings, floors, garden beds and paint. Any repair or restoration required after the supply of the goods and services is not included in Rescue Plumbing's price and must be carried out at the Customer's cost.

13. ELECTRONIC LOCATING

Rescue Plumbing may use Electronic Location Services. Electronic locating is not always accurate. There are factors involved with this procedure that could very well generate false readings, therefore the Customer shall hold Rescue Plumbing harmless from any claim, loss, or damage resulting from this procedure.
The Customer additionally agrees that any line located by Rescue Plumbing will be exposed by manual excavation means only and verified of its exact location before any layout or work of any type is performed.

14. CCTV

Cleaning: Removal of silt/debris in excess of 10%, or which requires additional equipment for the removal of fat deposits, grout, encrustation, concrete, builder's rubble or roots will be charged additionally unless otherwise stated in writing.
CCTV/ Inspection Works: Due to the nature of CCTV inspection, Rescue Plumbing cannot guarantee the accuracy of any CCTV inspection or measurement. A CCTV Survey will only show the interior of the sewer or pipe, and will not show the exterior. Alternatively, Sonar may be used to track the route of a pipe, however Sonar by its nature may be up to 1 meter out in accuracy. Any interpretation and advice as a result of CCTV inspection shall not be binding on Rescue Plumbing, and is the sole responsibility of the customer. In the event that the measurements or advice given is inaccurate, Rescue Plumbing shall not be responsible for any loss or damage howsoever caused.
Sewer Condition: Where information is provided or implied either verbally or in writing or through CCTV recordings concerning the condition of the sewers and this is found to be inaccurate or out of date the customer shall be responsible for any extras costs incurred for additional work that may be required to complete the works. Rescue Plumbing shall not be liable for any deterioration, structural or otherwise, that develops or becomes apparent on any pipe they are working on howsoever caused.
Waste Disposal: Unless otherwise stated Rescue Plumbing has not quoted for the removal of waste or debris from site. If disposal is found to be necessary the customer will be responsible for the additional costs incurred by Rescue Plumbing in the removal, transporting and disposal of waste to a registered site, together with additional administrative costs.
Re-lining: Due to the nature of relining there can be no delays once the linings have been impregnated. In the event that there are delays beyond Rescue Plumbing’s control any linings impregnated may have to be discarded and new linings provided. Further the customer warrants that the sewers or pipes will be free of live water prior to the works being undertaken by Rescue Plumbing. In the event that live water is present, the linings used by Rescue Plumbing will not function. The customer will be liable for the additional costs incurred should new linings be required in any event.

15. EXCAVATION

Rescue Plumbing must rely upon Service Providers records (Before You Dig Australia), as to the location of underground services before undertaking any excavation work. The customer is placed on notice that the accuracy of the service providers records may be suspect; however Rescue Plumbing must rely upon them. In the event that the Service Providers records are inaccurate and damage is caused to an underground service, the customer will hold Rescue Plumbing fully indemnified in respect of any claim which may arise from such damage.
Rescue Plumbing may rely upon scans of the area before undertaking excavation. A scan will not identify an obstruction such as, but not limited to, concrete, bedrock or other such obstructions. Likewise a scan will not show whether a pipe is encased in concrete. In the event that Rescue Plumbing discovers such an obstruction the customer shall be liable for any additional costs incurred.
In the event that a pipe being excavated is encased in concrete, further damage may be caused to pipework connect to the section being excavated, due to shockwaves travelling down the concrete. Such damage is unavoidable. The customer will be liable for the additional costs incurred in repairing any pipework so damaged.

16. LOCATING CABLE & PIPE

We are certified DYBD locators. We use electromagnetic locating equipment. Most locates are done to a QLB level. To achieve a QlA level pot holing would have to be done by a third party.
All locates are done as per locating standards AS 5488-2013.
The locations of underground services are an indication and approximate position. Exact position and depth should be proven by hand excavation or pot holing onsite.
No guarantee is given that all below ground services have been found.
Non-metallic pipe will not be found during a standard ground scan.

17. WATER/GAS AND ROOF LEAKS

The Customer agrees that leaks are a process of elimination. Rescue Plumbing will not be held liable to any leaks.
The Customer agrees that roof leaks are not always found and fixed on the first visit. Multiple testing may be required to find the source of the problem. It is agreed that roof leaks have a large number of contributing factors that cannot be simulated and Rescue Plumbing will attempt to rectify all leaks within an appropriate time.

18. SUBCONTRACTOR

Rescue Plumbing may sub-contract any or all of its goods and services under these Terms and Conditions without the Customer's consent.

19. Leak Detection

Due to the size and weight of equipment we use, we require free and available parking within 100 meters of the property subject to the leak detection service. Parking permits should be provided where necessary. If free and available parking is not available within 100 meters of the property, and/or permits cannot be provided, then any parking fees or fines incurred by our company will be payable at cost.
It is the customer's responsibility to arrange good access to all necessary areas, including other properties if required (especially in multi occupancy buildings), isolation valves, Hot Water Units, Sewer (manholes). If adequate access is not arranged and testing cannot be carried out or completed, then our standard charges will be payable. Any return visit(s) required will also be payable.
We will use best endeavours to work around limited access. However, heavily cluttered areas, or refusal of necessary access, may result in our technician being unable to conclude their work and our standard fees will be payable.
If at any time our engineer receives customer refusal to our proposed testing methods, and we are unable to continue, then our standard fees will be payable.
It is not possible to predict how long it will take to find any leak(s).
We will attempt to find all leaks within the customer brief given to us, but no guarantee is possible as to how long this will take, and how many return visits are necessary.
If undetected leaks cause any damage between our visits, then we accept no responsibility for such damage.
We are not responsible for leaks in areas not included in the customer brief.
Our testing is designed to find leaks in water supply pipes. Pressure and other testing will therefore be made up to the point at which any appliance can be isolated, e.g. washing machine. If there are leaking fixtures and taps it is the owner's responsibility to make sure they can be isolated. Main isolation valves must be accessible and be able to turn off fully. If valves can't be found and won't isolate the owner may incur extra charges for a revisit etc.
Using a range of specialist equipment, we will try to locate a leak to a specific area. Although our non-invasive methods are more accurate and preferable to the traditional destructive approach, there are limitations to these methods. Certain floor constructions which may include ducting, sheathing, and/or plastic membranes, can reduce the accuracy of testing. In the case of non-solid floors, e.g. timber suspended and concrete block and beam floors, tracer gas can fill the void space, and/or be moved from the leak source by underfloor ventilation. Tracer gas can escape into an area or areas where the leak is not located. If leaking pipes are located in conduits then this will cause accuracy problems.
In certain circumstances limited invasive works are required, e.g. removing bath panels, removing boxing in, and removing light fittings for using endoscopic cameras. Invasive procedures of this nature will only be carried out if we are given clear instruction by customer. If return visits are required to carry out further leak detection, because instruction was not given on the day, then this will be payable.
Leaks can be intermittent, i.e. only leak under certain circumstance. For example, some heating leaks only occur when the system is hot and running. Leaks of this nature can be much harder to locate and it may not be possible to locate a leak of this type using non-invasive methods.
Leak detection is considered successful even when we find no leak is present. This is especially true when a property is damp. If we confirm there is no plumbing leak, then this allows investigation by others.
There are limits to what leak detection technology can provide and every effort is made to ensure the accuracy and reliability of our findings and reports. Information is presented as we find it, with no warranty as to accuracy, and is intended for guidance only. Rescue Plumbing cannot be held responsible for the way in which the customer may interpret or act upon the results of the report. It is the customer's responsibility to continue to monitor the situation after we have left, and call us back as necessary to investigate any ongoing leak. If excavation of the area marked as the leak is not accurate, then we should be given 1st chance to return to site to re confirm the position. In most cases we can only detect 1 leak at a time, If there is more than 1 leak present onsite we will have to re attend to confirm secondary leaks.
Leak detection and leak repair sometimes need to be done together interactively. It is always preferable if we are instructed to both find and fix leaks. Should we be instructed to locate the leak only, and the leak fix is done later by others, we cannot be held responsible if the leak is not where we have indicated.

20. SETOFF

You agree that we may set off any credit amount that we owe to you against any debit due by you to us;
You are not entitled to withhold payment of any money in respect of any set off or claim you might have against us.

21. DISPUTE RESOLUTION / COMPLAINTS

If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing effectively identifying and providing details of the dispute. If the Customer believes Rescue Plumbing has breached these Terms and Conditions the Customer shall notify Rescue Plumbing of the breach. Notification can be emailed or posted to Rescue Plumbing. The Customer must include contact details for Rescue Plumbing to contact the Customer regarding the complaint.
Rescue Plumbing's Privacy Officer will consider Customer's complaint and respond as soon as reasonably possible, but not more than 30 days from receiving the complaint. Within (30) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference, each party shall be represented by a person having authority to agree to a resolution of the dispute.

22. COMPLIANCE WITH LAWS

The Customer and Rescue Plumbing shall comply with the provisions of all statutes, regulations & by laws of government, local & other public authorities that may be applicable to the works.
The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the works (councils or other governing agents) unless specified by Rescue Plumbing.
The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
Rescue Plumbing will take out and maintain all insurance it considers appropriate in respect of the supply of goods and services and all other insurances required by law.

23. GENERAL

The customer agrees to Rescue Plumbing using their personal information for marketing purposes and gives Rescue Plumbing permission to send out future advertising material.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
Rescue Plumbing does not accept any responsibility for damage to property during works being carrying out.
Rescue Plumbing shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour hire, machinery or materials outside the direct control of Rescue Plumbing.
In the event of any breach of this contract by Rescue Plumbing the remedies of the Customer shall be limited to damages.
Under no circumstances shall the liability of Rescue Plumbing exceed the price of the Goods and Services.
If any clause or part of this agreement is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement but the rest of the agreement is not affected.

24. GOVERNING LAW

This contract is governed by the Law of Victoria. You and Rescue Plumbing irrevocably submit to the exclusive jurisdiction of the Victorian Courts and Federal Courts sitting in Victoria.

25. WHOLE AGREEMENT

This Application and terms and conditions embody the whole agreement between the parties and subject to the express terms contained in any written order or written acceptance thereof, all previous dealings, representations and arrangements are hereby excluded and cancelled.

By instructing Rescue Plumbing to supply goods and or services, the customer acknowledges reading and agreeing to be bound by these terms and conditions of this Agreement.

Rescue Plumbing reserves the right to review & make changes to these Terms & Conditions at any time.