These terms and conditions are used by all customers of D Ravese Family Trust trading as Ravese Plumbing & Gas and/or Blocked Drain Services Statewide (ABN 43 182 142 321 )

 

1.Definitions

In these terms and conditions:

• Customeror “You” or “Your” means the person, firm or organisation entering into, or that has entered into, a contract, transaction or arrangement to obtain Services or Goods from D Ravese Family Trust or its agents as specified in any invoice, document or Job Order.

1.2 Goods means any good, product or material required to undertake the Services, including those goods described in a Job Order provided by D Ravese Family Trust to the Customer.

1.3 Job Order means each tax invoice, quotation or job order or other paperwork provided by D Ravese Family Trust to the Customer which describes the work or Services to be undertaken by D Ravese Family Trust to the Customer, and includes any variations made by D Ravese Family Trust.

1.4 PPS Act means – see clause 24.1.

1.5 Services means plumbing services and includes such other services or work undertaken by D Ravese Family Trust from time to time and includes the services or work referred to in the Job Order.

1.6 Site means the place or places where the Customer’s work will be carried out.

1.7 Terms means the terms and conditions set out in these standard terms and conditions, including such other terms agreed by D Ravese Family Trust and the Customer in writing.

1.8 D Ravese Family Trust means Ravese Plumbing and Gas and Blocked Drain Services Statewide (ABN 43 182 142 321) and includes its successors and permitted assigns and any person acting on behalf of and with the express authority of the director(s) of D Ravese Family Trust.

1.9 If there is more than one Customer, these Terms bind them jointly and each of them severally;

1.10 Nothing in these Terms constitutes a relationship of employer and employee, partnership, principal and agent, or joint venture between the parties.

1.11 The whole or any part of any clause of these Terms that is illegal or unenforceable will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.

1.12 The failure of a party at any time to insist on performance of any obligation under these Terms is not a waiver of its right to insist on performance of that obligation or to claim damages unless that party acknowledges in writing that the failure is a waiver.

1.13 D Ravese Family Trust accepts no responsibility for changes in any law which may affect the Services or the supply of Goods.

1.14 The Customer agrees to notify D Ravese Family Trust in writing at least fourteen (14) days prior to any change whatsoever in ownership structure and, further, indemnifies D Ravese Family Trust against any loss or damage that may result from the Customer’s failure to notify D Ravese Family Trust of any such change.

 

 

2. Application

The Terms apply to each contract, transaction or arrangement arising in respect of the supply of Services or Goods by D Ravese Family Trust to the Customer. These Terms supersede any previous written or oral agreements or understandings (if any) entered into between D Ravese Family Trust and the Customer in connection with the supply of Services or Goods.

 

3. Offers and Acceptance

3.1 Every Job Order is an estimate only and is subject to withdrawal, correction or alteration at any time prior to D Ravese Family Trust’s acceptance of the Job Order.

3.2 Unless otherwise agreed in writing, all quotations given by D Ravese Family Trust are valid for thirty (30) days only.

3.3 All works performed will be performed by D Ravese Family Trust during business hours Monday to Friday 7.00am to 5.30pm unless otherwise stated in the Customer’s Job Order. Prices are quoted on the basis that works will be performed during business hours referred to in the clause. Work required by the Customer or otherwise necessitated outside of these hours, may increase the quoted price.

3.4 These Terms constitute the entire agreement between the parties regarding the provision of Services and Goods, unless otherwise agreed in writing between the parties.

3.5 These Terms take precedence over any terms and conditions which may be contained in any document provided by D Ravese Family Trust.

3.6 In acceptance of the Job Order, the Customer warrants that it has not relied on any representation by D Ravese Family Trust other than as supplied in writing in the quote.

3.7 D Ravese Family Trust may in its absolute discretion require the Customer to complete a deed of guarantee and indemnity before undertaking any Service or deliver of Goods.

 

4. Prices

4.1 In the event of an increase in supply costs, wages, duties or like charges incurred by D Ravese Family Trust in respect of undertaking the Services or supply of Goods to the Customer, D Ravese Family Trust may vary the quoted price provided to the Customer at any time by giving notice by any means to the Customer to take into account and recover from the Customer the increase in supply costs, wages, duties or like charges that D Ravese Family Trust has incurred.

4.2 Unless otherwise expressly stated, the quoted price excludes the costs of transportation of any goods to the Customer’s point of delivery.

 

5. Variations

5.1 Any requested variations, alterations or modifications to the Services ordered by the Customer must be put to D Ravese Family Trust in writing.

5.2 D Ravese Family Trust in its absolute discretion may decide to accept or reject the variation, alteration or modification and will notify the Customer of its decision by any means.

5.3 Where D Ravese Family Trust rejects any requested variations, alterations or modifications, and has undertaken, ordered or prepared Goods, the Customer will be required to accept the Goods and pay D Ravese Family Trust in accordance with the original quotation.

5.4 Where any requested variation, alteration or modification is accepted, the original price quoted will be amended to reflect any consequential adjustment to the price of the Services or Goods.

5.5 Clauses 4 and 5 will not be invalid by reason of a failure of D Ravese Family Trust stipulating the precise manner in which any variation in price is to be calculated.

 

6.Excavation

6.1 Unless otherwise stated in writing by D Ravese Family Trust, the cost or quoted price in respect of all digging, excavation, dewatering and similar works (Excavation Works) is based on the soil or ground being clean and not dense (e.g. clay soil) or rocky (Unfavourable Soil).

6.2 If D Ravese Family Trust encounters Unfavourable Soil whilst undertaking the Services, then D Ravese Family Trust may:

6.2.1 delay or extend the date that Services are due to be completed;

6.2.2 charge an additional fee or cost to cover the cost in respect of the additional work and time required to undertake the Services (including the Excavation Works).

 

7.Excavation and Concrete works

7.1 Unless otherwise stated in writing by D Ravese Family Trust, the cost to undertake:

7.1.1 Excavation Works;

7.1.2 Concrete cutting or drilling or similar works (Concrete Works); or

7.1.3 The reinstatement of driveway, footpath, court paving, gardens, lawn and similar areas will be in addition to the price quoted in any Job Order.

7.2 Any quoted price in respect of Concrete Works is based on a concrete thickness of 150mm. If D Ravese Family Trust encounters a concrete thickness of greater than 150mm whilst undertaking Concrete Works then D Ravese Family Trust may (in its sole discretion) charge an additional fee or cost to cover the cost in respect of the additional work, equipment or time required to undertake such Concrete Works.

 

8.Drains and Sewer

8.1 The Customer acknowledges that:

8.1.1 The presence of plant or tree root growth within pipes or drains or blocked, broken or restricted pipes or drains (Damaged Pipes) may indicate that such pipes or drains are damaged;

8.1.2 Damaged Pipes cannot be permanently fixed by cleaning the Damaged Pipes or removing or dislodging plant or tree root growth or such other items which are causing restriction or blockage within Damaged Pipes;

8.1.3 The Customer is liable to pay D Ravese Family Trust in the event that D Ravese Family Trust (acting reasonably) is unable to unblock Damaged Pipes;

8.1.4 D Ravese Family Trust provides no warranty in respect of Services undertaken to unblock or clean Damaged Pipes, including (but not limited to), future or additional blockages or restrictions located within Damaged Pipes that D Ravese Family Trust has attempted to unblock or clean.

8.2 The Customer further acknowledges that:

8.2.1 Close circuit television equipment, drainage cameras and other pipe inspection equipment (Specialised Pipe Equipment) may be used by D Ravese Family Trust in its sole discretion in an attempt to locate the cause of Damaged Pipes;

8.2.2 D Ravese Family Trust may charge an additional fee or cost if Specialised Pipe Equipment is used by D Ravese Family Trust.

 

9. Services and Delivery of Goods

9.1 Delivery of any Good occurs when the Good is delivered by D Ravese Family Trust to the Customer or its agent, or to a storage location designated by the Customer, unless otherwise agreed in writing between the parties.

9.2 Delivery dates of Goods or start or completion dates of Services are estimates only. To the extent permitted by law, D Ravese Family Trust will not be liable for any loss or damage for failure to deliver Goods or start or complete the Services by the date stated by D Ravese Family Trust. D Ravese Family Trust will endeavour to provide notice of any delay to the delivery of Goods or start or complete the Services.

9.3 The Customer must promptly supply D Ravese Family Trust with all technical information and commercial documentation necessary to undertake the Services.

9.4 Notwithstanding Retention of Title provisions as per Clause 21 hereof, the risk in Goods purchased will pass to the Customer upon delivery to the Customer or its agent.

9.5 D Ravese Family Trust reserves the right to suspend works (Suspension Date) if the Site of any infrastructure on the Site or aspect of the Site is found to be faulty or dangerous. If requested by D Ravese Family Trust, the Customer must pay D Ravese Family Trust the cost of works up to the Suspension Date.

 

10. Site Plans and Information

10.1 If requested by D Ravese Family Trust,

10.1.1 The Customer must assist D Ravese Family Trust by providing D Ravese Family Trust at least 5 (five) clear business days before the proposed commencement date of the Services site plans or other plans in respect of the Site that D Ravese Family Trust may reasonably require; and

10.1.2 the Customer must advise D Ravese Family Trust of the precise location of all underground services on the Site and clearly mark the same. The underground mains & services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may affect the Site.

10.2 The Customer indemnifies D Ravese Family Trust from any claim for costs, expenses or losses suffered by D Ravese Family Trust as a result of, or relating to, the Customer’s failure to provide D Ravese Family Trust:

10.2.1 with the plans or information as referred in clause 7.1; or 

10.2.2 with the plans or information as referred in clause 7.1 by the time specified by D Ravese Family Trust.

10.3 The Customer is solely responsible for notifying councils or appropriate authorities in relation to works done by D Ravese Family Trust for the Customer.

10.4 Whilst D Ravese Family Trust will take all care to avoid damage to any underground services the Customer agrees to indemnify D Ravese Family Trust in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 7.1.

 

11. Delay in Services

11.1 Should the Services at the Site be held up for reasons beyond D Ravese Family Trust’s control, including occasions D Ravese Family Trust encounters Unfavourable Soil, then:

11.1.1 D Ravese Family Trust may recover the costs of such delay from the Customer;

11.1.2 the Customer shall indemnify D Ravese Family Trust from any increased costs, losses or expenses due to such delay; and

11.1.3 to the extent permitted by law, D Ravese Family Trust will not be liable for any loss or damage incurred by the Customer (or any other party).

 

12. Payment

12.1 The Customer must, within the time specified in the Customer’s Job Order pay D Ravese Family Trust the total amount set out in the invoice in full and with no deduction or set-off.  If no time is specified with the Job Order or invoice delivered to the Customer, payment of the amount specified in the Job Order is payable within 7 days from the completion of Services (as determinate by D Ravese Family Trust).

12.2 Payment for Goods must be made upfront unless expressly waived by D Ravese Family Trust.

12.3 At D Ravese Family Trust’s sole discretion a deposit or deposits may be required prior to Services being undertaken.

12.4 If a deposit is so requested by D Ravese Family Trust the Customer acknowledges D Ravese Family Trust is under no obligation to undertake any work until the deposit is received by D Ravese Family Trust in full and when all details pertaining to the Services are finalised. In the event of default as to payment owing to D Ravese Family Trust or any breach of these Terms on the part of the Customer, D Ravese Family Trust shall be entitled to the deposit (to recover any loss or cost incurred by D Ravese Family Trust or for payment of Services undertaken, or Goods purchased, by D Ravese Family Trust) and claim any profit or margin contemplated by or allowed for in the Job Order in addition to any remedy available to D Ravese Family Trust at law or in equity.

12.5 Where payments are made by credit card, no surcharge will apply to payments made via EFT (Electronic Funds Transfer) directly to D Ravese Family Trust’s bank account or payments made by Visa Card or Master Card (unless otherwise notified by D Ravese Family Trust).

12.6 In the event of a dispute, the complete undisputed portion of the Services (as determined by D Ravese Family Trust acting reasonably) must be paid in accordance with the payment terms set out in these Terms.

12.7 In the event that the Customer fails to make any payment by the due date, all monies owing to D Ravese Family Trust will become immediately due and payable, and D Ravese Family Trust may in its discretion:

12.7.1 Cease Services, or withhold delivery of Goods, until all monies have been paid in full;

12.7.2 Exercise its rights under clause 14;

12.7.3 Engage any debt collection service or person or initiate legal proceedings to recover all outstanding monies;

12.7.4 Exercise all or any of its rights or powers of recovery or sale as provided for under these Terms.

12.8 Where work is to be carried out over a period exceeding one month, then pro-rata progress payments may be claimed and invoiced by D Ravese Family Trust.

12.9 Interest on overdue amounts may be charged at a rate of 5 % per week or part thereof and the Customer is liable for, and expressly undertakes to pay, all such interest.

12.10 Should it be considered necessary by D Ravese Family Trust to incur legal or other expenses, including any such expenses to any debt collection agency, in obtaining, or attempting to obtain, payment for any amount due by the Customer, the Customer will be liable for all such expenses.

12.11 Amounts received by D Ravese Family Trust may be applied first against interest, charges and expenses.

12.12 Any payment made by or on behalf of the Customer which is later avoided by the application of any Federal or State legislation or regulation or law shall be deemed not to discharge the Customer’s indebtedness and, in such an event, the parties are to be restored to rights which each respectively would have had if the payment had not been made.

12.13 The Customer is liable for, and expressly undertakes to pay, all fees (including an including an administration fee in an amount to be set from time to time by D Ravese Family Trust) incurred as a result of a cheque or electronic banking transaction being dishonoured for whatever reason.

 

13. Warranty

13.1 Any warranty as to the Goods shall be limited to the written warranty provided by the manufacturer to the Customer on or before installation of the Good.

13.2 D Ravese Family Trust reserves the right to make null and void the warranty should the Goods or any part of the works be modified, altered, damaged or put to any undue stress other than in the way the Goods or works were designed to perform.

13.3 D Ravese Family Trust warrants that Goods supplied shall be of merchantable quality provided that the Goods are used for their intended purpose.  Where the Good is used contrary to any reasonable instructions provided by D Ravese Family Trust the warranty is excluded.

13.4 Without limiting clause 10.3, and to the extent permitted at law, D Ravese Family Trust expressly excludes all statutory warranties including but not limited to all warranties relating to title, defects or conformity of the Goods or works.

13.5 Any defects that arise in the Goods during any warranty period specified by D Ravese Family Trust for those Goods will be replaced or repaired in accordance with this clause 10.

13.6 D Ravese Family Trust warrants that if any defect in any workmanship of D Ravese Family Trust becomes apparent and is reported to D Ravese Family Trust within thirty (30) days of the date of practical completion of the works (time being of the essence) then D Ravese Family Trust will either (at its sole discretion) replace or remedy the workmanship.

13.7 D Ravese Family Trust excludes all other conditions and warranties except any implied conditions or warranties the exclusion of which would contravene any Federal or State legislation or regulation or law or cause any clause of this agreement to be void (Non-excludable Condition).

13.8 The warranty referred to in clause 10.5 and clause 10.6 will not apply:

13.8.1 Unless notice of any defect and any claim in respect thereof is given in writing to D Ravese Family Trust within the warranty period (if there is no warranty period – then thirty (30) days from the date of practical completion of the works);

13.8.2 If any serial number or identification or instalment plate attached to the relevant Goods has been altered, rendered illegible or removed;

13.8.3 If the Goods or any part of the works have been:

(a) subject to misuse, abuse, negligence or accident otherwise than by D Ravese Family Trust;

(b) connected to improper, inadequate or faulty power, water or drainage services or operated using incorrect, insufficient or contaminated lubricants, coolants, refrigerants, or additives;

(c) installed, maintained or operated otherwise than in accordance with the instructions of D Ravese Family Trust;

(d) damaged by foreign objects;

(e) serviced, repaired, altered or moved otherwise than by D Ravese Family Trust or its nominees or using non approved replacement parts.

13.8.4 If the Goods (or any part of the works) are used for any purpose or subjected to any operating conditions varying from that for which it was specifically supplied by D Ravese Family Trust; or

13.8.5 If damage to the Goods or works arose from corrosion, or physical or chemical properties of water, steam or chemical compounds unless the Goods were supplied by D Ravese Family Trust for a purpose which contemplated these contributing elements and in respect of which there was specific and detailed prior disclosure by the Customer.

13.9 D Ravese Family Trust’s liability to the Customer in respect of the warranty referred to in clause 10.5 and clause 10.6, breach of any Non-excludable Condition, breach of contract or any negligent act or omission, is limited at D Ravese Family Trust’s option, to:

13.9.1 in the case of Goods, replacement or repair of the Product, or any part thereof, or the supply of equivalent Goods; and

13.9.2 in the case of Services, the re-supply of the Service (by D Ravese Family Trust or a contractor of D Ravese Family Trust), or the cost of re-supply of that Service.

13.10 The Customer will be responsible for, and must meet all charges in respect of:

13.10.1 making the Goods accessible for service including the removal, dismantling or reinstatement of any equipment to which the Goods may be connected or from premises where the Goods are installed;

13.10.2 labour, transportation, travelling or communication expenses necessarily incurred in the provision of services or repairing Goods at locations; and

13.10.3 any surcharge applicable in respect of the provision of services or repairing Goods outside normal working hours.

13.11 Notwithstanding any other provision of these Terms, D Ravese Family Trust is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for:

13.11.1 any increased costs or expenses;

13.11.2 any loss of profit, revenue, business, contracts or anticipated savings;

13.11.3 any loss or expense resulting from a claim by a third party; or

13.11.4 any loss or damage, including any consequential loss or damage, arising from any delay in delivery or failure to deliver any Goods or Service, either whole or in part, due to circumstances beyond D Ravese Family Trust’s control.

 

14. Intellectual Property Indemnity

14.1 All intellectual property created by or on behalf of D Ravese Family Trust in relation to the Services supplied by D Ravese Family Trust will be and remain the sole property of D Ravese Family Trust. The Customer does not acquire any rights in D Ravese Family Trust’s intellectual property under these Terms, other than the right to use such intellectual property within its business, and will not exploit, replicate, reverse-engineer or use for any other purpose D Ravese Family Trust’s intellectual property or any materials or documents in which the intellectual property is recorded.

14.2 The Customer warrants that D Ravese Family Trust will not breach any third party’s intellectual property or other rights in consequence of supplying the Services in accordance with directions, instructions, drawings, designs or specifications provided by the Customer. The Customer indemnifies D Ravese Family Trust against all liabilities, claims, losses, damages or costs (on a full indemnity basis and whether incurred by or awarded against D Ravese Family Trust) that D Ravese Family Trust may incur as a direct or indirect result of a breach of this warranty.

14.3 The Customer acknowledges that all technical information, advice, know-how, drawings, designs and samples submitted to the Customer by D Ravese Family Trust are confidential and the proprietary information of D Ravese Family Trust. The Customer will keep all such information secret and confidential and will not disclose it or any part thereof to any person without the express written authority of D Ravese Family Trust.

 

 

 

15. Marketing materials

The Customer grants to D Ravese Family Trust the right to:

15.1 Take photographs, film, videotape or other images of the works completed in or otherwise located at the Customer’s premises, and to use, reproduce, publish, edit, modify, dispose of or otherwise deal with those images; and

15.2 Reproduce and publish the Customer’s name and trademarks, and disclose the fact that D Ravese Family Trust has provided Services to the Customer.

 

13. Confidentiality

16.1 The Customer must keep confidential all confidential information (Confidential Information) of D Ravese Family Trust that comes into the Customer’s possession or control in connection with these Terms or otherwise (including without limitation the intellectual property and proprietary information referred to in clause 11).

16.2 The obligations of confidentiality under these Terms do not extend to information that:

16.2.1 is rightfully known to or in the possession or control of the Customer and not subject to an obligation of confidentiality;

16.2.2 is public knowledge (otherwise than as a result of a breach of these Terms); or

16.2.3 is required by law to be disclosed.

16.3 The Customer must promptly return to D Ravese Family Trust all Confidential Information upon request.

 

17. Cancellation

17.1 D Ravese Family Trust may cancel or postpone the Services or delivery of Goods at any time before commencement of the Services by giving reasonable notice to the Customer by any means.

17.2 In the event that the Customer causes a delay in the commencement of the Services in accordance with a Job Order or any cancellation or postponement of the provision of the Services or delivery of Goods:

17.2.1 D Ravese Family Trust is not be liable for any loss or damage, including any consequential loss or damage, as a result of any such delay or cancellation or postponement;

17.2.2 the Customer is liable for any costs incurred by D Ravese Family Trust up to the time of the cancellation or postponement.

 

18. Insurance

18.1 The Customer is responsible for obtaining insurance for any loss or damage which occurs at the Site as a result of, whether directly or indirectly, from the provision of Services or the Goods, including for food and product loss and other consequential losses arising from breakdown of Goods or failure to perform, as and from the date of delivery of the Goods by D Ravese Family Trust or its agent.

 

 

 

19. Assignment

19.1 The Customer may not assign or transfer any of its rights or obligations under these Terms to any other person without the prior written approval of D Ravese Family Trust which may be withheld by D Ravese Family Trust in its absolute discretion.

 

20. Termination

20.1 These Terms will continue in force until terminated in accordance with these Terms.

20.2 D Ravese Family Trust may terminate these Terms with immediate effect upon written notice to the Customer if:

20.2.1 the Customer suffers an insolvency event, including if a receiver/receiver and manager, liquidator, provisional liquidator, administrator, trustee in bankruptcy or other like person is appointed, or a scheme of arrangement is proposed or approved in respect of the Customer, or a deed of company arrangement is proposed or approved in respect of the Customer, or a mortgagee enters into possession of any of the Customer’s assets or an application is made for the winding up or sequestration of the estate of the Customer;

20.2.2 the Customer breaches a term of this agreement, and fails to remedy that breach within 14 days of a written notice requiring it to do so; or

20.2.3 the Customer does not agree with D Ravese Family Trust’s proposed variation to the Terms in accordance with clause 19.2.

20.3 Either party may terminate these Terms upon one month’s prior written notice to the other party.

20.4 Upon termination of these Terms:

20.4.1 all monies owing to D Ravese Family Trust will immediately become due and payable;

20.4.2 D Ravese Family Trust may, in its discretion ,exercise its rights under clause 21;

20.4.3 D Ravese Family Trust may stop all work;

20.4.4 the Customer will be required to reimburse D Ravese Family Trust for all reasonable costs incurred by D Ravese Family Trust, up until the date of termination, in connection with the supply of Goods and Services up to termination.

20.5 Termination of these Terms will not affect any accrued rights or remedies any party may have as at the date of termination.

 

21. Force Majeure

21.1 Neither D Ravese Family Trust nor the Customer shall be liable for any breach of any provision of any contract between them arising from an act of their respective God, natural disaster, terrorism, war or any other, specified or un-specified, occurrence beyond the control of either party.

 

 

 

 

22. Variation of Terms

22.1 These Terms may be amended or superseded from time to time by notice given by D Ravese Family Trust by any means.

22.2 If the Customer does not agree to D Ravese Family Trust’s proposed variations, the contract between D Ravese Family Trust and the Customer will terminate.

22.3 Where the Customer places a further Job Order after provision of the amended Terms, the Customer is deemed to have accepted the proposed variations.

 

23. Jurisdiction

23.1 These Terms shall be read and construed in accordance with the laws of the State of South Australia and, where applicable, the Commonwealth of Australia and the Customer submits to the non-exclusive jurisdiction of the courts of South Australia in respect of any dispute or any other matter arising out of these Terms.

23.2 Should a dispute arise between the Customer and D Ravese Family Trust, either party may refer the dispute to:

23.2.1 mediation by the Australian Commercial Disputes Centre (ACDC) for resolution in accordance with the Guidelines for Commercial Mediation of the ACDC; or

23.2.2 a mediator appointed by the Master Plumbers Association South Australia in accordance with the guidelines set by that Master Plumbers Association South Australia.
Each party must bear its own costs of resolving a dispute under this clause and the parties must bear equally the costs of any appointed person and independent premises used for resolving or attempting to resolve a dispute. For the avoidance of doubt, in the event that a party refers a dispute to mediation under this clause then the other party (or its representative) must attend such mediation.

23.3 If a dispute is not resolved under subclause 20.2 within 30 days, a party that has complied with this clause may terminate the dispute resolution process by giving notice in writing to the other party.

 

24. Retention of Title

24.1 Title in all the Goods supplied shall remain vested in D Ravese Family Trust and shall not pass to the Customer until all monies owing to D Ravese Family Trust by the Customer together with all collection, repossession and/or legal costs incurred have been paid in full. If any of the Goods are damaged or destroyed prior to the title passing to the Customer, D Ravese Family Trust is entitled, without affecting any other rights and remedies under this agreement, to any insurance proceeds payable for the Goods in accordance with the PPS Act.

24.2 The Goods, whether as separate chattels or as components, and the proceeds from the use or sale of the Goods, shall be stored in such a manner as to be clearly identifiable and traceable as the property of D Ravese Family Trust until title has passed to the Customer.

24.3 Where the Customer is liable for and has failed to pay for the Goods or the Services, D Ravese Family Trust may demand at any time until title has passed to the Customer that the Customer returns the Goods or any part of them.

24.4 In the event that the Customer defaults in the payment of any monies owing to D Ravese Family Trust, D Ravese Family Trust and its employees or agents shall have the right to enter without notice upon the Customer’s premises or any other premises where the Goods are known to be stored (and the Customer must ensure that D Ravese Family Trust has the right to enter such premises at all times) to repossess the Goods and for this purpose the Customer shall grant reasonable access rights and D Ravese Family Trust, its employees or agents shall be entitled to do all things required to secure repossession or render inoperative such Goods or associated equipment by the removal of some component, part or device there from.

24.5 D Ravese Family Trust may, without notice to the Customer, resell any Goods it repossesses under this clause. In the event that D Ravese Family Trust repossess and sells any Goods under this clause, D Ravese Family Trust will repay to the Customer such amounts (if any), up to the amount paid by the Customer for the relevant Goods, remaining after deduction of all costs and expenses incurred by D Ravese Family Trust in exercising its rights under this clause (including repossession, selling and storage costs, and revaluing the Good to ascertain its resale value). The amount payable by D Ravese Family Trust under this clause will be reduced in accordance with any reduction in the value of the Good due to damage while in the possession or control of the Customer.

 

25. Taxes

25.1 Unless specifically described as ‘GST inclusive’, any consideration to be paid or provided for a supply by D Ravese Family Trust to the Customer does not include any amount on account of goods and services tax, or any similar tax applicable in Australia (GST). Where any supply is subject to GST (other than a supply the consideration for which is specifically described as ‘GST inclusive’), the Customer must, at the same time and in the same manner as the GST exclusive consideration is payable or to be provided for that supply, pay to D Ravese Family Trust an amount equal to the GST payable by D Ravese Family Trust in respect of that supply.

25.2 Other government and council charges are in addition to prices quoted and are payable by the Customer and if paid by D Ravese Family Trust are refundable by the Customer to D Ravese Family Trust.

 

26. South Australian/Cth Legislation

26.1 The Customer warrants that the Goods are supplied by D Ravese Family Trust to a Customer for the purposes of a business, and that the provisions of the National Credit Code contained in the National Consumer Credit Protection Act 2009 (Cth) do not apply.

26.2 If the Customer purchases any Goods from D Ravese Family Trust for resupply as, or to incorporate any of D Ravese Family Trust’s Goods into goods ordinarily acquired for personal household or domestic use (Consumer Goods) the Customer warrants that:

26.2.1 if a Customer supplies the Consumer Goods for resupply, the Customer will ensure that its terms and conditions of supply require the Customer’s customer (and each person in the distribution chain) to include in their supply agreements or conditions of sale obligations requiring their customers to also exclude liability for any claims under the National Credit Code; and

26.2.2 if the Customer supplies the Consumer Goods directly to an end user/consumer the Customer will do so using terms and conditions of supply which exclude liability for claims under the National Credit Code, but only where the end user/customer acquires the Consumer Goods for business purposes.

26.3 Where the Customer purchases the Goods for resupply, the Customer indemnifies D Ravese Family Trust to the maximum extent of the law for all claims arising from the resale and use by the Customer’s purchaser.

 

27. Personal Property Securities Act 2009 (Cth)

27.1 For the purpose of these Terms, as appropriate, any words contained in the subsequent clauses have the respective meanings as defined in the Personal Property Securities Act 2009 (Cth) (PPS Act) and the parties acknowledge that:

27.1.1 the Customer is the grantor,

27.1.2 D Ravese Family Trust is the secured party;

27.1.3 the Goods, which are commercial property, are the collateral; and

27.1.4 attachment occurs on acceptance of the Customer’s Job Order.

27.2 The Customer agrees that where the Services or the Goods are supplied on credit by D Ravese Family Trust then:

27.2.1 the Customer charges, and agrees to charge, all of the Goods with payment of all amounts owed in accordance with these Terms;

27.2.2 the Customer confirms that the Goods are held on trust for D Ravese Family Trust; and

27.2.3 that the Customer holds the Goods subject to the powers and rights of D Ravese Family Trust contained or implied in these Terms and the PPS Act.

27.3 The customer acknowledges these terms give rise to a Security Interest in favour of D Ravese Family Trust, which D Ravese Family Trust may, in its discretion, affect a registration on the PPS Act register (in any manner D Ravese Family Trust deems appropriate) in relation to any security interest arising under or in connection with or contemplated by these Terms.

27.4 The Customer waives its right to receive notice of a verification statement in relation to any registration by D Ravese Family Trust on the register.

27.5 The Customer agrees to promptly execute any documents, provide all relevant information, fully cooperate with D Ravese Family Trust and do any other act or thing that D Ravese Family Trust requires to ensure that D Ravese Family Trust has a perfected security interest in, and has priority over any other security interests in, the Goods or otherwise.  In the event that the Customer does not provide the necessary details to complete a valid financing statement for the purposes of the PPS Act, then the Customer agrees that, until all monies owing to D Ravese Family Trust are paid in full, it shall not sell or grant any other security interest in the Goods.

27.6 The Customer will not:

27.6.1 register a financing change statement in respect of the Security Interest; or

27.6.2 agree to or create another Security Interest in the Goods; without D Ravese Family Trust’s prior written consent.

27.7 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising in connection with these terms, the Customer agrees that the following provisions of the PPS Act will not apply to the enforcement of these terms: section 95 (notice of removal of accession), to the extent that it requires D Ravese Family Trust to give a notice to the Customer;  section 96 (when a person with an interest in the whole may retain an accession);  subsection 121(4) (enforcement of liquid assets – notice to grantor); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal), to the extent that it requires D Ravese Family Trust to give a notice to the Customer; paragraph 132(3)(d) (contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); subsection 134(1) (retention of collateral); section 135 (notice of retention); section 142 (redemption of collateral); and, section 143 (reinstatement of security agreement).

27.8 Notices or documents required or permitted to be given to D Ravese Family Trust for the purpose of the PPS Act must be given in accordance with the PPS Act.

27.9 D Ravese Family Trust agrees with the Customer not to disclose information of the kind mentioned in subsection 275(1) of the PPS Act except in circumstances required by paragraphs 275(7)(b)-(e).

27.10 If D Ravese Family Trust receives any notice in relation to the Customer under section 64 of the PPS Act, all outstanding monies may, at D Ravese Family Trust’s discretion, become immediately due and payable.

27.11 The Customer agrees to reimburse D Ravese Family Trust, upon demand, for all costs and/or expenses incurred or payable by D Ravese Family Trust in relation to registering or maintaining any financing statement, releasing in whole or in part D Ravese Family Trust’s security interest or any other document in respect of any security interest.

 

28. Privacy

28.1 The Customer hereby authorises D Ravese Family Trust to collect, retain, record, use and disclose consumer and/or commercial information about the Customer, in accordance with the Privacy Act 1988 and subsequent amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by D Ravese Family Trust, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.

28.2 D Ravese Family Trust may give information about the Customer to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the Customer’s credit file. This information may be given before, during or after the provision of credit to the Customer and will be in accordance with the Privacy Act 1988 and subsequent amendments.

 

29. Security& Charge

29.1 The Customer hereby charges all property both equitable and legal, present or future of the Customer in respect of any monies that may be owing by the Customer to D Ravese Family Trust under the terms and conditions or otherwise and hereby authorises D Ravese Family Trust or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Customer at any time.

 

30. Indemnity

30.1 To the full extent permitted by law, the Customer will indemnify D Ravese Family Trust and keep D Ravese Family Trust indemnified from and against any liability and any loss or damage D Ravese Family Trust may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these terms and conditions by the Customer or its representatives.

 

31. South Australia, Building and Construction Industry Security of Payments Act 2009

31.1 At D Ravese Family Trust’s sole discretion, the provisions of the Building and Construction Industry Security of Payments Act 2009 may apply.

31.2 Nothing in these Terms is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 2009 of South Australia, except to the extent permitted by the Act where applicable.

31.3 The Customer accepts that email is a valid format to receive payment claims made under the Building and Construction Industry Security of Payments Act 2009.

 

32.Specials and Promotions

32.1 The following provisions apply to each special, discount or promotion offered or provided by D Ravese Family Trust from time to time (Special Offer):

32.1.1 A Special Offer:

32.1.1.1 may only be used, or applied, during normal business hours (Monday to Friday between 7.00am to 5.00pm) or such other period notified by D Ravese Family Trust;

32.1.1.2 cannot be used on a public holiday;

32.1.1.3 may only be used by a domestic customer; and

32.1.1.4 cannot be used in conjunction with any other Special Offer or refund;

32.1.2 unless otherwise notified by D Ravese Family Trust, a Special Offer may only be used:

32.1.2.1 by You if You are a new customer of D Ravese Family Trust. That is, Special Offers apply to new customers only; and

32.1.2.2 once per Site;

32.1.3 You will not be able to use or obtain the benefit of a Special Offer if that offer is no longer advertised by D Ravese Family Trust on its website. That is, a Special Offer will cease at the time that the Special Offer is removed from the website of D Ravese Family Trust (https://blockeddrainstatewide.com.au/);

32.1.4 to the extent of any inconsistencies between the provisions contained in this clause 32 (“Specials and Promotions”) and any other provision of these Terms, the other provisions of these Terms shall prevail.

32.2 If D Ravese Family Trust has a “Seniors Discount” type offer available, then:

32.2.1 in order to be eligible to make use of this Special Offer:

32.2.1.1 You must present a valid South Australian Seniors Card to D Ravese Family Trust at the time of making the booking or immediately before payment is due (as determined by D Ravese Family Trust); and

32.2.1.2 You may be required to provide such evidence to D Ravese Family Trust so that D Ravese Family Trust is satisfied that the Site is owned by You or the Services are for Your benefit;

32.2.2 unless otherwise notified by D Ravese Family Trust, the discount referable to this Special Offer is off the full price of the labour component of the completed Services (that is, the discount does not apply to the cost of the Goods);

32.3 If D Ravese Family Trust has a “Free Hot Water Check” type offer available, then:

32.3.1 in order to be eligible to make use of this Special Offer:

32.3.1.1 D Ravese Family Trust must be attending Your Site to undertake Services at a cost to You exceeding ($300 plus GST);

32.3.1.2 the hot water unit must be easily accessible by D Ravese Family Trust (as determined by D Ravese Family Trust); and

32.3.1.3 the hot water unit must be located on ground level;

32.3.2 the free hot water check only applies to one hot water unit per Site or dwelling;

32.3.3 this Special Offer does not apply to any work or Services performed by D Ravese Family Trust other than the physical inspection of a hot water unit. The cost of all Services or Goods (other than the physical inspection of the hot water unit) is payable by You.

32.4 If D Ravese Family Trust has a “$50 (or other dollar figure) Off” type offer available, then:

32.4.1 in order to be eligible to make use of this Special Offer, the total cost of the Services payable by You must exceed $300 (plus GST); and

32.4.2 the discount referable to this Special Offer is off the full price of the labour charge of completed Services only.