Terms and Conditions

1. Application

The terms and conditions of sale stated herein shall apply to all items (“the goods”) purchased from Delly’s Plumbing Pty. Limited. (“the company”) by the Customer and shall comprise the contract for sale of the goods. No Amendment, alteration, waiver or cancellation of any of these Terms or Conditions shall be binding on the Company unless confirmed by the Company in writing

2. Amendments 

Only the terms and Conditions contained herein or as modified, if at all, by other written document, will apply. Any other Terms or Conditions including those on Customers’ acceptance or other communications, inconsistent with or contrary to the Company’s Terms and Conditions are hereby expressly excluded and shall be of no effect. In the event of a conflict between the Company’s and its Customer terms and Conditions the Company’s Terms and Conditions will prevail. 

3. Price 

Prices are subject to change without notice. 

4. Administration Fee 

An administration fee of $3.30 will apply to all invoices and quotes 

5. Property and the Goods 

All goods remain the property of the Company until receipt by the company of final payment when ownership shall pass. Until final payment, the customer shall hold the goods as bailee for the company and merely as fiduciary agent for the Company. If the customer re-sells the goods or any part of them before receipt by the Company of final payment then the customer shall deposit the proceeds of such a sale in a bank account in trust for the Company and shall account to the Company as soon as practicable after depositing such proceeds. If the customer defaults in payment for the goods by the due date for such payment then, until receipt by the Company of final payment, the customer hereby authorises and will continue to authorise the Company by itself, its agents or representatives at all reasonable times, without notice, to enter and for any necessary time to remain in the customer’s premises in order to collect the goods without being guilty of any manner of trespass. 

6. Sales Tax 

The customer shall reimburse to the Company all sales tax payable in respect of the goods calculated at the rate(s) prevailing at the date of the invoice unless the Customer produces a Sales tax Exemption Certificate applicable to the goods and quotes its Sales Tax Exemption Number. 



7. Quote Acceptance & Deposits

A 20% deposit is required for all quoted work. This is payable before any work can commence. The customer acknowledges the Company is under no obligation to undertake any work as requested by the customer until the deposit has been paid in full. 

8. Non Refundable Deposit 

In the event of a cancellation after quote acceptance, any deposit which has been paid, is non refundable. 

9. Payments 

Payments are to be made direct to the company, strictly net, without any deduction or discount other than as stated in the invoice. Payments are to be made according to credit terms agreed to by the Company. 

10. Progress Claims/Payments

The customer agrees to make progress payments when requested by the company. On completion of works the client agrees to pay the full invoices amount remaining.

11. Weather Conditions

Circumstances where weather conditions permits tradesman to work, we reserve the right to reschedule the work to a suitable date

12. Passing of Risk 

Even though title of goods will not pass until payment in full is received by the Company, risk in respect of all goods sold by the Company passes to the Customer from the moment the goods are received and accepted by the customer. From that moment on, the goods shall be stored and insured on the account and the risk of the customer. 

13. Returns and Credits 

Claims for Credit or Returns will not be accepted unless made within 24 hours of delivery or the Company has agreed in writing. If the Company agrees to the return of the whole or any part of the goods, they must be unsoiled and undamaged or Customer pays for all costs of replacement or repair. 

14. Cancellation of Order 

No order of non stocked items that the Customer specifically asked for can be cancelled, modified or deferred without prior written consent of the company once the company has purchased, ordered or received these goods from its supplier. The Company has the right to be compensated or reimbursed of all losses (including but not limited to loss of profit) and expenses resulting from such cancellation, modification or deferment. This may be in the form of a re-stocking fee 

15. Limitation of Liability 

The Company will not be subject to, and the customer releases the Company from any liability (including but not limited to consequential loss or damage, removal of goods or liability for loss or use of loss of profit) because of any delay in delivery. The customer acknowledges that the Company shall not be in any way responsible if the goods do not comply with any applicable health standards or similar regulation(s) and the Company will not be liable for any claim, cost, damage or demand resulting from such non-compliance. 

All Customers’ property under the Company’s custody or control will be entirely at the risk of the Customer as regards to loss or damage from any cause whatsoever. The company will not be liable for any breach of this agreement due to any matter or thing beyond the company’s control which it cannot provide against by the exercise of reasonable diligence (including but not limited to fire, flood, earthquake, acts of god, strikes, lockout’s, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion or accident). 

16. After Hours Call Out Fee

Works carried out before 7:00AM and after 17:00PM will be charge an after-hours call out fee additional to normal hour rates. 3 hours minimum rate on Weekdays and Saturdays, 4 Hours minimum rate on Sundays and Public Holidays.

17. Same Day Call Out Fee

Work carried out in between 7:00AM and 17:00PM as an urgent same day will incur a Same Day Call Out fee 

18. Blocked Drains & Sewer

The Client acknowledges and agrees that the presences of plant/tree root growth and/or blockages generally indicated damaged pipes. Accordingly the Client agrees that these pipes cannot be fixed by simply removing plant/tree root growth or cleaning the drain, therefore no warranty is provided against this situation arising again in the future and in respect of any work carried out in relation thereto. 

19. Ground & Excavation Works

Unless specifically included in a written quote and/or estimate, rock excavation or major ground works, will be charges as an additional variation to the original price. 

20. Indemnity 

The Customer hereby irrevocably indemnifies the Company from any and all loss or damage caused through recovering payment of their invoices (including but not limited to debt recovery or collection costs, court fees, solicitors costs and any other reasonable fees) incurred in recovering monies due to the Company. 

21. Late Payment Fee 

For any account which falls overdue, a fee calculated on a daily basis at the rate of 9% per month as from due date for payment will be charged to the Customer’s account until the overdue amount is forwarded to the company.

22. Credit Card Surcharge

Upon making a credit card payment, the client agrees that there will be a 2.6% surcharge

23. Termination 

Without prejudice to any of the Company’s other rights if: 

a. The customer commits any breach of this agreement; 

b. The customer dies, commits an act of Bankruptcy or has a receiver or manager appointed over the Customers assets or affairs; 

c. The Customer calls a meeting of its creditors or has a receiver or manager or administrator appointed or enters into liquidation or becomes subject to a winding up order of the court or; 

d. The customer corresponds with or negotiates for any composition with its creditors or permits any Judgment against it to remain for seven (7) days or if any distress, execution or other legal process is levied upon the Customer then the Company may without liability forthwith or at any time thereafter terminate this agreement or suspend the provision of goods sold. 

24. Warranties 

The provision of any act or law (included but not limited to the trade Practices Act, 1974) implying terms, conditions or warranties which might otherwise apply or arise out of this agreement are hereby negated and excluded to the full extent permitted by law. If any statutory provisions under The Trade Practices Act, 1974 or any other statute(s) apply to this agreement then to the extent, which the Company is entitled to do so, the Company’s liability under the statutory provisions shall be limited at the Company’s option to: 

a. Replacement of the goods or the supply of the equivalent goods; 

b. Payment of the costs of replacing the goods or of acquiring similar goods. 

If any court of competent jurisdiction determines that, notwithstanding this clause, the Company is liable for damages to the Customer, the Customer agrees that the Company’s liability of any kind whatsoever shall in no event include special incidental or consequential charges, whether resulting from the Company’s negligence or not. 

25. Catalogues

Particulars in leaflets, catalogues and other printed matter are illustrations only, form no part of the contract and shall not be binding on the Company. 

26. Notices 

Notice to either party shall be in writing and may be served: 

a. Personally by being delivered to the party’s address or the party’s last known address; or 

b. By being posted by pre-paid letter addressed to the party at that address. In the case of service by post, the notice shall be deemed to have been served on the business day following postage; or 

c. By being sent facsimile transmission. The notice shall be deemed to have been served on the first working day after successful completion of the transmission. 

27. Waiver of Breach 

No failure by the Company to insist on strict performance on any of these terms shall be deemed to be a waiver of any right or remedy which the company may have, and shall not be deemed to be a waiver of any subsequent breach or default by the customer. 

28. No Assignment 

Neither this agreement nor any rights arising under this agreement may be assigned by the customer without the prior written consent of the Company which shall be at the Company’s sole discretion. 

29. Place of Contract and Applicable Law 

This agreement shall be deemed to have been made at the Company’s place of business in Goulburn and any cause of action shall be deemed to have arisen there. The law of New South Wales shall apply to this agreement.