1. CLIENT FORM, THIS AGREEMENT

• These Client Terms will apply to all the Client’s dealings with Simoes Plumbing, including being incorporated in all agreements, quotations or orders under which Simoes Plumbing is to provide services to the Client (each a Client Form) together with any additional terms included in such Client Form (provided such additional terms are recorded in writing).
• The Client will be taken to have accepted this Agreement if the Client accepts a Client Form, or if the Client orders, accepts or pays for any services provided by Simoes Plumbing after receiving or becoming aware of this Agreement or these Client Terms.
• In the event of any inconsistency between these Client Terms and any Client Form, the clauses of these Client Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Client Form) will prevail over these Client Terms to the extent of any inconsistency.

2. SERVICES

• In consideration for the payment of the fees set out in the Client Form (Fees), Simoes Plumbing will provide the Client with services set out in a Client Form (Services) and/or goods set out in a Client Form (Products).
• Unless otherwise agreed, Simoes Plumbing may, in its discretion:
  (i) not commence work on any Services until the Client has paid any Fees or deposit payable in respect of such Services; and
  (ii) withhold delivery of Services and/or Products until the Client has paid an invoice in respect of such Services.

3. CLIENT OBLIGATIONS

• (general) The Client must provide Simoes Plumbing with all documentation, information and assistance reasonably required for Simoes Plumbing to perform the Services.
• (liaison) The Client agrees to liaise with Simoes Plumbing as it reasonably requests for the purpose of enabling Simoes Plumbing to provide the Services
• (ownership) The Client warrants that it is the owner of the Site.
• (access to Site) The Client agrees to provide Simoes Plumbing with access to the Site and the Client’s Personnel, to the extent reasonably required by Simoes Plumbing to perform the Services.
• (WH&S) The Client must ensure that the Site complies with Work Health and Safety standards and is otherwise in a suitable condition for Simoes Plumbing Personnel personnel to perform the Services.

4. CLIENT SUPPLIED GOODS AND EXISTING CONSTRUCTION

4.1 CLIENT SUPPLIED GOODS
If in performing the Services, Simoes Plumbing is required to use any materials and/or goods supplied by the Client:

• the Client accepts the risk of defects or deficiencies in such goods and/or materials;
• Simoes Plumbing will not be required to investigate the suitability, quality or fitness for purpose of existing or proposed materials and/or goods;
• the Client will be required to pay the Additional Work Rate if it requests that Simoes Plumbing correct any defects or issues with such materials and/or goods.

4.2 EXISTING CONSTRUCTION
The Client accepts the risk of defects or deficiencies in the Site. Simoes Plumbing is not required to investigate the suitability, quality or fitness for purpose of existing or proposed building materials, drainage or other infrastructure at the Site.

5. WORK TIMES

• (work times) The Client acknowledges and agrees that Simoes Plumbing will provide the Services between 7:30am and 4:00pm on weekdays (Work Hours)
• (After Hours) If the Client requires Services to be performed After Hours, including where the Client fails to make the Site available during Work Hours, the Client will be required to pay the After Hours Rate specified in the Client Form
• (Additional Work) If the Client requires any services additional to those agreed in the Client Form, that work will be performed at the Additional Work Rate set out in the Client Form.

6. INSTALLATIONS

6.1 INSTALLATION DATES
Simoes Plumbing will be entitled to change the Installation Date by giving the Client one (1) day’s notice.

6.2 INSTALLATION REQUIREMENTS
On the Installation Date, the Client must:

• be present at the Site and, if reasonably requested by Simoes Plumbing, remain there while the Installation is being carried out;
• provide access to all personnel, equipment and vehicles reasonably required to carry out the Installation;
• ensure that the Site is clean and ready for Simoes Plumbing to carry out the Services; and
• if the Client is not at the Site on the Installation Date and/or the Site is not clean and ready, Simoes Plumbing will be entitled to charge the client a call-out fee for each member of Simoes Plumbing’s personnel who were booked to attend the Site.

6.3 DAMAGE
On the Installation Date, the Client must:

• The Client acknowledges the Installation might occur minor damage to the Site. Where such damage occurs, Simoes Plumbing will use its best endeavours to repair the damage however will not be liable for any minor damage or for damage arising out of any pre-existing conditions of the Site.
• For the avoidance of doubt, where the Client incurs costs repairing any damage to the Site occasioned during the Installation, whether by employing third parties to conduct repairs or otherwise, Simoes Plumbing will not be liable for such costs, unless Simoes Plumbing agrees to remedy such damage in advance in writing.

7. PRICING

• The Client acknowledges that despite Simoes Plumbing’s reasonable precautions, Products may be listed at an incorrect price, or with incorrect availability and/or other information, due to typographical errors and/or oversight. In such circumstances, Simoes Plumbing reserves the right to substitute the Products with a comparative product, if agreed by the Client or cancel Client Form, even if the Client Form has been paid for and previously accepted by Simoes Plumbing.
• If Simoes Plumbing cancels a Client in accordance with above clause 7(a), Simoes Plumbing will, as soon as practicable, contact the Client and issue a refund for any payment the Client has made for the cancelled order.
• Simoes Plumbing will endeavour to make any refund under this clause using the same payment method as the payment method used by the Client during the original purchase, however may vary this method at its discretion.

8. PRODUCT INFORMATION

Simoes Plumbing endeavours to ensure that the descriptions and specifications in relation to the Products on its website or in catalogues are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such Simoes Plumbing does not guarantee that those descriptions and specification are accurate or free from errors or omissions. Simoes Plumbing reserves the right to make any necessary corrections to the descriptions or specifications without notice.

9. PAYMENT

9.1 FEES
The Client must pay to Simoes Plumbing fees in the amounts and at the times set out in the Client Form or as otherwise agreed in writing.

9.2 TIME FOR PAYMENT
Unless otherwise agreed in writing:

• if Simoes Plumbing issues an invoice to the Client, payment must be made by the time(s) specified in such invoice; and
• in all other circumstances, the Client must pay for all goods and services within thirty (30) days of receiving an invoice for amounts payable.

9.3 PAYMENT METHOD
The Client must pay Fees using the fee payment method specified in the Client Form.

9.4 LATE PAYMENT
If the Client does not pay Simoes Plumbing the amounts due and payable under an invoice on or before its due date, without limiting any of Simoes Plumbing’s other rights under this Agreement, the Client must pay Simoes Plumbing interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Simoes Plumbing.

9.5 EXPENSES
Unless otherwise agreed in writing:

• the Client will bear all travel, accommodation and related expenses reasonably incurred by Simoes Plumbing in connection with a Client Form; and
• any third party costs incurred by Simoes Plumbing in the course of performing the Services may be billed to the Client, unless specifically otherwise provided for in the Client Form

9.6 GST
Unless otherwise indicated, amounts stated in a Client Form do not include GST. In relation to any GST payable for a taxable supply by Simoes Plumbing, the Client must pay the GST subject to Simoes Plumbing providing a tax invoice.

9.7 CARD SURCHARGES
Simoes Plumbing reserves the right to charge 2% credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard).

10. CHANGES

• The Client must pay additional service fees for changes to Services requested by the Client which are outside the scope set out in the relevant Client Form (Changes).
• Unless otherwise agreed in writing, Simoes Plumbing may at its discretion extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such Changes.

11. ACCREDITATIONS
Unless otherwise agreed in writing:

• all displays or publications of any deliverables provided to the Client as part of the Services (Deliverables) must, if requested by Simoes Plumbing, bear an accreditation and/or a copyright notice including Simoes Plumbing’s name in the form, size and location as directed by Simoes Plumbing; and
• Simoes Plumbing retains the right to describe and/or photograph the Services and reproduce, publish and display the deliverables in Simoes Plumbing’s portfolios and websites for the purposes of recognition or professional advancement, and to be credited with authorship of the Services and Deliverables in connection with such uses.

12. THIRD PARTY GOODS AND SERVICES

• Any Service that requires Simoes Plumbing to acquire goods and services supplied by a third party on behalf of the Client may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
• The Client agrees to any Third Party Terms applicable to any goods and services supplied by a third party that the Client or Simoes Plumbing acquires as part of the Services and Simoes Plumbing will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.

13. CONFIDENTIALITY

• Except as contemplated by this Agreement, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any confidential information disclosed to it by the other party without its prior written consent.
• This clause 13 does not apply to:
  (i) information which is generally available to the public (other than as a result of a breach of this Agreement or another obligation of confidence);
  (ii) information required to be disclosed by any law; or
  (iii)information disclosed by Simoes Plumbing to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under this Agreement.

14. WARRANTIES

• To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement or a Client Form are excluded.
• Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, Simoes Plumbing’s liability for breach of that non-excludable condition, warranty or guarantee will, at Simoes Plumbing’s option, be limited to:
  (i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
  (ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

15. DEFECTIVE GOODS

• Where the Client considers that any goods provided by Simoes Plumbing are defective, the Client must promptly inform Simoes Plumbing of that fact by either by phone or by email.
• If Simoes Plumbing agrees that the goods are defective, Simoes Plumbing will repair or replace the defective goods.
• The Client acknowledges and agrees that if repair or replacement of defective goods is required, Simoes Plumbing may extend or modify any delivery schedule or deadlines for the Services as may be reasonably necessitated by such repair or replacement.

16. LIMITATION OF LIABILITY
To the maximum extent permitted under applicable law, Simoes Plumbing’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:

• is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill; and
• is limited, insofar as concerns other liability, to the total money paid to Simoes Plumbing under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

17. INDEMNITY
The Client indemnifies Simoes Plumbing from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:

• any breach of this Agreement by the Client; or
• any negligent, fraudulent or criminal act or omission of the Client or its personnel.

18. SUBCONTRACTING
Simoes Plumbing may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.

18. TERMINATION

18.1 TERMINATION BY SIMOES PLUMBING
Simoes Plumbing may terminate this Agreement in whole or in part immediately by written notice to the Client if:

• the Client is in breach of any term of this Agreement; or
• the Client becomes subject to any form of insolvency or bankruptcy administration.

19.2 TERMINATION BY THE CLIENT
The Client may terminate this Agreement in whole or in part by written notice to Simoes Plumbing if:

• if Simoes Plumbing has committed a material breach of this Agreement and has failed to remedy the breach within 30 days after receiving written notice from the Client; or
• if Simoes Plumbing consents to such termination, subject to the Client’s fulfillment of any pre-conditions to such consent (for example, payment of a pro-rata portion of the agreed fees).

19.3 EFFECT OF TERMINATION
Upon termination of this Agreement, the Client must promptly pay (at Simoes Plumbing’s request):

• any payments required by Simoes Plumbing to third party suppliers or Simoes Plumbing to discontinue their work;
• Simoes Plumbing’s standard fees in relation to work already performed; and/or
• an equitable amount by way of profit margin on the preceding items.

19.4 SURVIVAL
Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after the termination, shall survive and be enforceable after such termination, including without limitation clauses 3, 8, 11, 12, 14, 15, 17 and 19.3.

20. DISPUTE RESOLUTION

• The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this Agreement prior to commencing any proceedings.
• If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.
• The parties acknowledge that compliance with this clause 20 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:
  (i) the case of applications for urgent interlocutory relief; or
  (ii) a breach by another party of this clause 20

21. NOTICES

21.1 FORM OF NOTICE
A notice or other communication to a party under this Agreement must be:

• in writing and in English; and
• addressed to that party to:
  (i) the postal address of that party; or
  (ii) the email address of that party that has been regularly used by the parties to correspond during the term of this Agreement (unless such email address is known to be inactive by the party giving notice).

21.2 HOW NOTICE MUST BE GIVEN
A notice must be given by one of the methods set out in the table below and is regarded as given and received at the time set out in the table below. be: