Seinors Plumbing Pty Ltd Terms of Trade
1.1 “Seinors Plumbing” means Seinors Plumbing Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Seinors Plumbing Pty Ltd.
1.2 “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
1.3 “Goods” means all Goods or Services supplied by Seinors Plumbing to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the Price payable for the Goods as agreed between Seinors Plumbing and the Customer in accordance with clause 5 below.
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
2.2 These terms and conditions may only be amended with Seinors Plumbing’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Seinors Plumbing.
3. Electronic Transactions Act 2000
3.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
4. Change in Control
4.1 The Customer shall give Seinors Plumbing not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Seinors Plumbing as a result of the Customer’s failure to comply with this clause.
5. Price and Payment
5.1 At Seinors Plumbing’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Seinors Plumbing to the Customer; or
(b) Seinors Plumbing’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
5.2 Seinors Plumbing reserves the right to change the Price:
(a) if a variation to the Goods which are to be supplied is requested; or
(b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, change of design, inaccurate measurements, limitations to accessing the site, obscured defects, safety considerations, prerequisite work by any third party not being completed, iron reinforcing rods in concrete, hard rock barriers below the surface or hidden pipes and wiring in walls etc) which are only discovered on commencement of the Services; or
(d) in the event of increases to Seinors Plumbing in the cost of labour or Goods which are beyond Seinors Plumbing’s control.
5.3 At Seinors Plumbing’s sole discretion, a non-refundable deposit may be required.
5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Seinors Plumbing, which may be:
(a) on delivery of the Goods and/or Services;
(b) by way of instalments/progress payments in accordance with Seinors Plumbing’s payment schedule;
(c) thirty (30) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Seinors Plumbing.
5.5 At Seinors Plumbing’s sole discretion payment of the Price shall be subject to retention by the Customer of an amount (hereafter called the “retention money”), being equal to a percentage of the Price as agreed between the parties. The Customer shall hold the retention money for the agreed period following completion of the works during which time all Services are to be completed and/or all defects are to be remedied.
5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three percent (3%) of the Price), or by any other method as agreed to between the Customer and Seinors Plumbing.
5.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Seinors Plumbing an amount equal to any GST Seinors Plumbing must pay for any supply by Seinors Plumbing under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
6.1 Subject to clause 6.2 it is Seinors Plumbing’s responsibility to ensure that the Services start as soon as it is reasonably possible.
6.2 The Services commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Seinors Plumbing claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond Seinors Plumbing’s control, including but not limited to any failure by the Customer to:
(a) make a selection; or
(b) have the site ready for the Services; or
(c) notify Seinors Plumbing that the site is ready.
6.3 Delivery (“Delivery”) of the Goods is taken to occur at the time that Seinors Plumbing (or Seinors Plumbing’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
6.4 At Seinors Plumbing’s sole discretion, the cost of delivery is included in the Price.
6.5 Seinors Plumbing may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6.6 Any time or date given by Seinors Plumbing to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and Seinors Plumbing will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
7.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
7.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Seinors Plumbing is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Seinors Plumbing is sufficient evidence of Seinors Plumbing’s rights to receive the insurance proceeds without the need for any person dealing with Seinors Plumbing to make further enquiries.
7.3 If the Customer requests Seinors Plumbing to leave Goods outside Seinors Plumbing’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.
7.4 Seinors Plumbing shall not be liable for any loss or damage caused in accessing the work site beyond reasonable control of Seinors Plumbing (including, without limitation, to ceiling tiles and panels, face brickwork and rendered masonry services) which Seinors Plumbing may have to break into or disturb in performance of the Services), unless due to the negligence of Seinors Plumbing.
7.5 Where the Customer has supplied Goods for Seinors Plumbing to complete the Services, the Customer acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in the Goods. Seinors Plumbing shall not be responsible for any defects in the Services, any loss or damage to the materials (or any part thereof), howsoever arising from the use of Goods supplied by the Customer.
7.6 Where Seinors Plumbing is required to install the Goods the Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Seinors Plumbing shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
7.7 The Customer acknowledges that Seinors Plumbing is only responsible for parts that are replaced by Seinors Plumbing and that in the event that other parts/Goods, subsequently fail, the Customer agrees to indemnify Seinors Plumbing against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.
7.8 Any advice, recommendation, information, assistance or service provided by Seinors Plumbing in relation to Goods or Services supplied is given in good faith, is based on Seinors Plumbing’s own knowledge and experience and shall be accepted without liability on the part of Seinors Plumbing and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods or Services.
8. Blocked Drain
8.1 The Customer acknowledges and agrees that the presence of plant/tree root growth and/or blockages generally indicates damaged pipes. Accordingly, the Customer 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.
8.2 In the event that any of Seinors Plumbing’s equipment becomes lodged in the Customer’s faulty drain the Customer will be liable for all costs incurred by Seinors Plumbing in retrieving and/or repairing the equipment.
9.1 The Customer shall ensure that Seinors Plumbing has clear and free access to the work site at all times to enable them to undertake the Services. Seinors Plumbing shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Seinors Plumbing.
10. Underground Locations
10.1 Prior to Seinors Plumbing commencing any work the Customer must advise Seinors Plumbing 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 be on site.
10.2 Whilst Seinors Plumbing will take all care to avoid damage to any underground services the Customer agrees to indemnify Seinors Plumbing 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 10.1.
11. Dimensions, Plans and Specifications
11.1 All customary building industry tolerances shall apply to the dimensions and measurements of the Services unless Seinors Plumbing and the Customer agree otherwise in writing.
11.2 Seinors Plumbing shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer.
11.3 If the giving of an estimate or quotation for the supply of Goods involves Seinors Plumbing estimating measurements and quantities, it shall be the responsibility of the Customer to verify the accuracy of Seinors Plumbing’s estimated measurements and quantities, before the Customer places an order based on such estimate or accepts such quotation.
11.4 Should the Customer require any changes to Seinors Plumbing’s estimated measurements and quantities, the Customer shall request such changes in writing, in the case of an estimate before placing an order based on that estimate and in the case of a quotation before acceptance of that quotation.
12. Compliance with Laws
12.1 The Customer and Seinors Plumbing shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
12.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.
12.3 The Customer agrees that the site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation.
13. Customer Responsibilities
13.1 It is the Customer’s responsibility to;
(a) remove all fragile items such as glassware, crockery, pot plants, furniture and ornaments. Breakages and damages are the responsibility of the Customer. All care taken but no responsibility accepted by Seinors Plumbing in this regard; and
(b) supply power to within eight (8) metres of the project; and
(c) make the premises available on the agreed date and time. If installation is interrupted by the failure of the Customer to adhere to the installation schedule agreed to between Seinors Plumbing and the Customer, any additional costs will be invoiced to the Customer as an extra.
13.2 Seinors Plumbing is not insured to remove furniture or fittings and will not do so, nor is Seinors Plumbing licensed to remove electrical appliances.
14.1 Seinors Plumbing and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid Seinors Plumbing all amounts owing to Seinors Plumbing; and
(b) the Customer has met all of its other obligations to Seinors Plumbing.
14.2 Receipt by Seinors Plumbing of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
14.3 It is further agreed that:
(a) until ownership of the Goods passes to the Customer in accordance with clause 14.1 that the Customer is only a bailee of the Goods and must return the Goods to Seinors Plumbing on request.
(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Seinors Plumbing and must pay to Seinors Plumbing the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Seinors Plumbing and must pay or deliver the proceeds to Seinors Plumbing on demand.
(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Seinors Plumbing and must sell, dispose of or return the resulting product to Seinors Plumbing as it so directs.
(e) the Customer irrevocably authorises Seinors Plumbing to enter any premises where Seinors Plumbing believes the Goods are kept and recover possession of the Goods.
(f) Seinors Plumbing may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Seinors Plumbing.
(h) Seinors Plumbing may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
15. Personal Property Securities Act 2009 (“PPSA”)
15.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
15.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by Seinors Plumbing to the Customer.
15.3 The Customer undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Seinors Plumbing may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 15.3(a)(i) or 15.3(a)(ii);
(b) indemnify, and upon demand reimburse, Seinors Plumbing for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of Seinors Plumbing;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Seinors Plumbing;
(e) immediately advise Seinors Plumbing of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
15.4 Seinors Plumbing and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
15.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
15.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
15.7 Unless otherwise agreed to in writing by Seinors Plumbing, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
15.8 The Customer must unconditionally ratify any actions taken by Seinors Plumbing under clauses 15.3 to 15.5.
15.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
16. Security and Charge
16.1 In consideration of Seinors Plumbing agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
16.2 The Customer indemnifies Seinors Plumbing from and against all Seinors Plumbing’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Seinors Plumbing’s rights under this clause.
16.3 The Customer irrevocably appoints Seinors Plumbing and each director of Seinors Plumbing as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 16 including, but not limited to, signing any document on the Customer’s behalf.
17. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
17.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify Seinors Plumbing in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Seinors Plumbing to inspect the Goods.
17.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
17.3 Seinors Plumbing acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
17.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Seinors Plumbing makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Seinors Plumbing’s liability in respect of these warranties is limited to the fullest extent permitted by law.
17.5 If the Customer is a consumer within the meaning of the CCA, Seinors Plumbing’s liability is limited to the extent permitted by section 64A of Schedule 2.
17.6 If Seinors Plumbing is required to replace the Goods under this clause or the CCA, but is unable to do so, Seinors Plumbing may refund any money the Customer has paid for the Goods.
17.7 If the Customer is not a consumer within the meaning of the CCA, Seinors Plumbing’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Customer by Seinors Plumbing at Seinors Plumbing’s sole discretion;
(b) limited to any warranty to which Seinors Plumbing is entitled, if Seinors Plumbing did not manufacture the Goods;
(c) otherwise negated absolutely.
17.8 Subject to this clause 17, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 17.1; and
(b) Seinors Plumbing has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
17.9 Notwithstanding clauses 17.1 to 17.8 but subject to the CCA, Seinors Plumbing shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by Seinors Plumbing;
(e) fair wear and tear, any accident, or act of God.
17.10 Notwithstanding anything contained in this clause if Seinors Plumbing is required by a law to accept a return then Seinors Plumbing will only accept a return on the conditions imposed by that law.
18. Intellectual Property
18.1 Where Seinors Plumbing has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Seinors Plumbing.
18.2 The Customer warrants that all designs, specifications or instructions given to Seinors Plumbing will not cause Seinors Plumbing to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Seinors Plumbing against any action taken by a third party against Seinors Plumbing in respect of any such infringement.
18.3 The Customer agrees that Seinors Plumbing may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Seinors Plumbing has created for the Customer.
19. Default and Consequences of Default
19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Seinors Plumbing’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
19.2 If the Customer owes Seinors Plumbing any money the Customer shall indemnify Seinors Plumbing from and against all costs and disbursements incurred by Seinors Plumbing in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Seinors Plumbing’s contract default fee, and bank dishonour fees).
19.3 Without prejudice to any other remedies Seinors Plumbing may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Seinors Plumbing may suspend or terminate the supply of Goods to the Customer. Seinors Plumbing will not be liable to the Customer for any loss or damage the Customer suffers because Seinors Plumbing has exercised its rights under this clause.
19.4 Without prejudice to Seinors Plumbing’s other remedies at law Seinors Plumbing shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Seinors Plumbing shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Seinors Plumbing becomes overdue, or in Seinors Plumbing’s opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
20.1 Seinors Plumbing may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Seinors Plumbing shall repay to the Customer any money paid by the Customer for the Goods. Seinors Plumbing shall not be liable for any loss or damage whatsoever arising from such cancellation.
20.2 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Seinors Plumbing as a direct result of the cancellation (including, but not limited to, any loss of profits).
21. Privacy Act 1988
21.1 The Customer agrees for Seinors Plumbing to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by Seinors Plumbing.
21.2 The Customer agrees that Seinors Plumbing may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
21.3 The Customer consents to Seinors Plumbing being given a consumer credit report to collect overdue payment on commercial credit.
21.4 The Customer agrees that personal credit information provided may be used and retained by Seinors Plumbing for the following purposes (and for other agreed purposes or required by):
(a) the provision of Goods; and/or
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods.
21.5 Seinors Plumbing may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
21.6 The information given to the CRB may include:
(a) personal information as outlined in 21.1 above;
(b) name of the credit provider and that Seinors Plumbing is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and Seinors Plumbing has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of Seinors Plumbing, the Customer has committed a serious credit infringement;
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
21.7 The Customer shall have the right to request (by e-mail) from Seinors Plumbing:
(a) a copy of the information about the Customer retained by Seinors Plumbing and the right to request that Seinors Plumbing correct any incorrect information; and
(b) that Seinors Plumbing does not disclose any personal information about the Customer for the purpose of direct marketing.
21.8 Seinors Plumbing will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
21.9 The Customer can make a privacy complaint by contacting Seinors Plumbing via e-mail. Seinors Plumbing will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.
22. Building and Construction Industry Security of Payments Act 1999
22.1 At Seinors Plumbing’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.
22.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.
23.1 The failure by Seinors Plumbing to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Seinors Plumbing’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales in which Seinors Plumbing has its principal place of business, and are subject to the jurisdiction of the Parramatta Courts in New South Wales.
23.3 Subject to clause 17 Seinors Plumbing shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Seinors Plumbing of these terms and conditions (alternatively Seinors Plumbing’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
23.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Seinors Plumbing nor to withhold payment of any invoice because part of that invoice is in dispute.
23.5 Seinors Plumbing may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
23.6 The Customer agrees that Seinors Plumbing may amend these terms and conditions at any time. If Seinors Plumbing makes a change to these terms and conditions, then that change will take effect from the date on which Seinors Plumbing notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for Seinors Plumbing to provide Goods to the Customer.
23.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
23.8 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.