Terms & Conditions

1. Quotation & Acceptance

a) The quotation (“Quotation”) is based on a physical inspection by JetBlack Plumbers or its nominated sub-contractor (“JetBlack”) of the site where work is to be carried out, or upon details provided by the customer (“Customer”).

b) The Quotation is based on the work being carried out from Monday to Friday from 7:30am to 4:00pm. Work carried out outside this period will incur additional fees and charges to be paid by the Customer.

c) The Quotation does not include any charges or fees to supply authorities or any other authority.

d) The Customer must accept or reject the Quotation within thirty (30) days of its receipt. If not accepted within the specified time, the Quotation will no longer be valid. JetBlack may, at its option, extend this period by notification in writing to the Customer.

e) The Customer may accept the Quotation by sending to JetBlack a letter acknowledging and agreeing to the terms of the Quotation or by signing and returning a copy of the Quotation to JetBlack (the “Contract”).

2. Payment

a) The Customer shall pay to JetBlack in full within 30 calendar days from the date of invoice.

b) JetBlack shall issue invoices to the Customer upon completion of each stage of the performed work. The Building and Construction Industry Security of Payment Act 1999 (NSW) shall apply in respect to progress payments.

c) If the Customer does not pay within the period mentioned in Clause 2(a), the Customer shall pay interest on the outstanding amount from the date the payment becomes due until the date the payment is made at a rate equal to 1.5% per calendar month, compounded monthly.

d) JetBlack shall be entitled to recover all (legal) costs (including but not limited to debt collector costs) from the Customer in the event that the Customer does not pay within the period mentioned in Clause 2(a) or does not fulfil any of other obligations under the Contract.

e) Unless otherwise stated, the amounts mentioned in the Quotation.

3. Guarantee

In consideration for JetBlack performing work to the Customer, the director signing the Quotation on behalf of the Customer (jointly and severally, if there is more than one director, and) unconditionally guarantees the payments of all amounts by the Customer under the Contract. JetBlack may recover the amounts from the guarantor as a liquidated debt.

4. Duties, Warranties & Defects

a) JetBlack will carry out work in a good and workmanlike manner and supply material of the kind described in the Quotation and comply with all relevant Australian standards and requirements of all statuto-ry authorities related to the work.

b)  If the Customer is not a consumer within the meaning of the Competition and Consumer Act 2010 (Cth), JetBlack’s liability for any defect or damage in the work carried out is:

i. limited to the value of any express warranty or warranty card provided to the Customer by JetBlack;

ii. limited to any warranty to which JetBlack is entitled, if JetBlack did not manufacture the goods used in the work carried out; or

iii. limited to the value of the work carried out by JetBlack.

c) JetBlack is not liable for any loss or damage to the Customer’s or any other third party’s personal property that remains on the site during the performance of the work.

5. Variations

a) Any variation of the Contract shall be made in writing and must be approved in writing by JetBlack.

b) The Customer acknowledges that a variation of the Contract shall never decrease the price mentioned in the Quotation, however such variation may increase the price mentioned in the Quotation.

6. Risk & Ownership

a) Risk of loss, damage or destruction to the materials, equipment and other goods or any part thereof shall pass to the Customer on installation.

b)  JetBlack shall remain the owner of all installed materials, equipment and other goods until the Customer has fully paid JetBlack all amounts owed to JetBlack and the Customer has fulfilled all other obligations to JetBlack.

7. Security Interest

a) The Customer grants to JetBlack a security interest in all of the Customer’s current and future personal property and land.

b) The Customer acknowledges that the Contract constitutes a security agreement for the purposes the Personal Property Securities Act 2009 (“PPSA”) and that a security interest exists in all materials, equipment and other goods and services previously supplied or installed by JetBlack to the Customer and in all future materials, equipment and other goods and services of the Customer.

c) The Customer will execute further documents, including further security agreements, and do such further acts as may be required by JetBlack to register the security interest granted to JetBlack under the Contract under the PPSA.

d) Until ownership of the materials, equipment and other goods passes, the Customer must not give to JetBlack a written demand or allow any other party to give JetBlack a written demand requiring JetBlack to register a financing change statement under the PPSA or enter into or allow any other party to enter into the register of personal property securities a financing change statement under the PPSA.

e) The Customer acknowledges that it has received value as at the date of first delivery of the materials, equipment and other goods and has not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to JetBlack under the Contract.

f) The Customer irrevocably grants to JetBlack the right to enter upon the Customer’s property or premises, without notice, and without being in any way liable to the Customer or to any third party, if JetBlack has cause to exercise any of JetBlack’s rights under section 123 and/or section 128 of the PPSA, and the Customer shall indemni-fy JetBlack from any claims made by any third party as a result of such exercise.

8. Cancellation

a) Should the Customer fail to fulfil its payment or other obligations to JetBlack, JetBlack may cancel the Contract by giving written notice to the Customer. On giving such notice, JetBlack shall not have to repay to the Customer any money paid by the Customer for work that has not yet been performed. JetBlack shall not be liable for any loss or damage whatsoever arising from such cancellation.

b) In the event that the Customer cancels the Contract, the Customer shall be liable for the balance of the price under the Contract and any other loss incurred (whether direct or indirect) by JetBlack as a direct result of the cancellation (including, but not limited to, any loss of profits).

9. Completion

On completion of the work performed by JetBlack, JetBlack will remove from the site all goods, plant and equipment, rubbish and surplus material relating to the work performed. All such goods, plant and equipment, rubbish and material remain property of JetBlack unless otherwise agreed.

10. Miscellaneous

a) JetBlack may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

b) By engaging JetBlack, accepting the Quotation or entering into the Contract with JetBlack, the Customer acknowledges and agrees that JetBlack shall collect the Customer’s personal information in accord-ance with its Privacy Policy published on www.jetblackplumb-ers.com.au. A copy of this Privacy Policy will be provided upon request.

c) These terms and conditions and the Contract to which they apply shall be governed by the Laws of the State of New South Wales, Australia, and are subject to the jurisdiction of the Courts of the State of New South Wales, Australia