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Terms & Conditions

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1 Definitions

In these Conditions:

“Agreement” means the agreement formed upon the Customer’s acceptance of an Estimate/Quotation or Variation as describedin clause 2.4 of these Conditions;

“Business Day” means a day that is not a Saturday, Sunday or any other day which is a public holiday in the placewhere an act is to be performed or payment is to be made.

“CCA” means the Competition and Consumer Act 2010 (Cth);

“Conditions” means these terms and conditions for the supply of Goods and/or Services;

“Customer” means the customer as stated on the Estimate/Quotation;

“Defect” means any aspect of the gf rolex oyster perpetual rolex calibre 2836 2813 m114300 0002 unisex hands and markers Services not meeting the requirements of this Agreement;

“Delivery Address” means the job location on the Estimate;

“Estimate” means the estimate completed by the Supplier which, together with these Conditions, was provided to theCustomer and which may vary from the actual costs that will be charged to the Customer on completion of the Services;

“Goods” means the goods to be supplied pursuant to an Estimate/Quotation;

“Goods Act” means the Goods Act 1958 (Vic) and equivalent legislation in jurisdictions other than Victoria;

“GST” means goods and services tax within the meaning of the GST Act;

“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

“Indirect or Consequential Loss” includes any loss of profit, revenue, custom, operation, opportunity, goodwill, data,anticipated savings or business, or incidental, indirect or consequential loss or damage, whether or not a party wasaware or should have been aware of the possibility of such loss or damage, whether such liability is based on, orclaimed to be based on, any breach of contract, tort (including negligence), or any other act or omission on the part ofthat party or any of its respective personnel in connection with this Agreement.

“Rates” means the Rates applicable to the Goods and/or Services described in the Estimate/Quotation;

“Responsible Operator” means the Supplier’s operator identified on the Estimate/Quotation, and any yl rolex day date 40mm m228396tbr 0004 mens blue dial automatic other employee orcontractor engaged by the Supplier in relation to the supply of the Goods and/or Services;

“Services” means the services to be supplied pursuant to an Estimate/Quotation and all necessary ancillary and incidental work;

“Supplier” means D&R THRELFALL TRADING AS ZEERUST GAS & PLUMBING PTY LTD (39977327117)

“Tax Invoice” has the meaning defined in the GST Act; and

“Variation” means any variation to verified site this Agreement contained in a variation form and provided to and agreed with theCustomer.

“Warranty Period” means the period stated in the Quotation (or, if no period is stated in the Quotation, 12 months)commencing on the date that the Supplier completes the Services

2 Preliminary

2.1 These Conditions apply to and govern all Estimates/Quotations (including any Variations) provided by the Supplier, and to any

Agreement formed upon acceptance of an Estimate/Quotation or Variation by the Customer.

2.2 Subject to clause 8.3 of these Conditions:

(a) the terms and conditions contained in the Estimate/Quotation, Variation and these Conditions act to the exclusion of any otherterms and the Customer expressly acknowledges and agrees that the Customer’s terms and conditions (whetherattached to any purchase order documentation or otherwise) do not apply or govern the performance of the Goods orServices; and

(b) unless otherwise agreed in writing, any prior representations, negotiations, arrangements, understandings orcommunications between the parties about the Estimate/Quote or any Variation are superseded by these Conditions and theEstimate/Quote.

2.3 An Estimate/Quote or Variation is valid for 30 days from the date of the Estimate/Quote or Variation. The period of validity of anEstimate/Quote or Variation may be extended at the sole discretion of the Supplier. The Customer may accept an Estimate/Quote orVariation by signing the Estimate/Quote or Variation and returning a signed copy of that form to the Supplier.

2.4 Upon acceptance of the Estimate/Quote or Variation by the Customer, the Customer and the Supplier will be bound bythese Conditions, the Rates and the Estimate/Quote or Variation as an agreement.

2.5 Other than as expressly set out in these Conditions, the Estimate/Quote or Variation, no Responsible Operator isauthorised to give any warranty or guarantee on behalf of the Supplier, in relation to the Goods or Services, or to alteror supplement these Conditions, the Estimate/Quote or Variation in any way, whether orally, in writing or otherwise.

 

3 Conditions of Estimate/Quote or Variation

3.1 The Customer acknowledges that:

(a) the Estimate/Quote or Variation is provided subject to any conditions described in the Estimate/Quote or Variation; and

(b) the Estimate/Quote is provided on the basis of the Supplier’s reasonable knowledge of the conditions at the DeliveryAddress and, should the Supplier encounter materially different conditions, whether, that be due to, without limitation,the existence of rock, extremely hard ground, underground assets, or otherwise, a Variation will need to be made tothis Agreement and additional charges may apply.

 

4 Customer’s obligations

4.1 The Customer will provide the necessary access to the Delivery Address for the Responsible Operator to performthe Services, and must ensure that any animals and/or pets are appropriately secured.