1. APPLICATION OF THESE TERMS AND CONDITIONS

In this agreement, “the Contractor” is RING THAT GUY Pty Ltd ACN683056948, ABN 66683056948, trading as RING THAT GUY, its successors and assigns or any person acting on behalf of and with the authority of the Contractor; “the Client” is the individual, company or other

entity requesting work to be carried out by the Contractor and includes any person acting on behalf of and with the authority of the Contractor; “Equipment” means

any equipment brought on site by the Contractor, “Quote/s” means the estimate or preliminary agreement offered to the Client; “Contract” means the agreement

entered into and between the Client and the Contractor; “Agent” means anyone employed by the Client to instruct and /or oversee onsite personnel or the running

of the Project; “Site” means the address where the Contractor’s work is to be carried out; “Work/s” and/or “Project” means plumbing, carpentry, maintenance and/or any other works carried out by the Contractor pursuant to these Terms and Conditions; “Goods” mean products and associated materials, components and consumables as more particularly

described in the Contractor’s paperwork and specifications agreed; “Provisional Sum Item” is the Contractor’s estimate for materials and labour of a particular part

of the Works where the exact cost cannot be determined by the Contractor at the start of the Contract; and “Prime Cost Sum Item” refers to an amount for Works

and/or Goods that is to be spent at the instruction of the Client.

2. AGENT’S AUTHORITY

Both parties agree that the Agent shall have the Client’s full authority to act for the Client in all aspects of the Project, including but not limited to approving

variations.

3. QUOTES

3.1 The Contractor’s Quote

The Contractor may give the Client a Quote specifying the Works and Goods required in order to fulfill the Client’s requirements and an estimate of the Contractor’s

charge for such Works and Goods. Work detailed in plans and specifications which are not included in Contractor’s Quote will not be carried out by the Contractor.

3.2 Acceptance by the Client

3.2.1 Where the Contractor has given the Client a Quote, the Contractor need not commence the Works until the Quote has been accepted by the Client. The Client

shall accept the Quote by signing and returning a copy of the Quote accompanied by a purchase order number, if applicable. Acceptance by the Client of the Quote

will constitute acceptance by the Client of these Terms and Conditions.

3.2.2 The Contractor’s Quote is valid for thirty (30) days only, unless an extension has been authorised by the Contractor.

3.2.3 The Quote is based on the assumption that all Works will be carried out during normal working hours, being 7am to 5pm Monday to Friday.

3.2.4 If the scope of Works alters due to the Client increasing the size of the Project or removing items specified in the Quote, then the Quote will be amended

accordingly or a variation request will be submitted by the Contractor and duly authorised by both parties.

3.3 Contractor May Revise Quote

The Contractor may amend an unsigned Quote after a period of thirty (30) days to take into account any rise or fall in the cost of performing the Works and the

Client shall be notified of such amendment as soon as practicable thereafter. No Work will be carried out until such time as the Client agrees to the amendment of

the Quote.

3.4 Provisional Sum/Prime Cost Item

Each Provisional Sum Item and Prime Cost Sum Item, if required, will be listed in the Quote and have an allowance stated next to it for the price of the supply of the

item. The Client must pay the final price upon completion of the Works.

3.5 Unforeseen Circumstances

3.5.1 The Contractor shall not be responsible for the condition, failure or noncompliance of any services or elements of any structure at the Site which existed

before the Contractor began the Works (latent conditions), whether such elements are visible or not. The repair/rectification work will be charged as a variation to

the original Quote. In the event that rectification is required due to health and safety issues the Client will be charged without prior notification as a variation to the

original Quote.

3.5.2 Should the Client or the Agent provide architectural plans and/or specifications that subsequently prove to be unworkable or non-compliant with the Building

Code of Australia (BCA) then the Client shall indemnify the Contractor for any additional costs, losses or expenses incurred should the Contractor need to rectify

the matter as a variation to the original Quote.

4. COST PLUS CONTRACTS

4.1 Should the Client or the Agent be unable to provide complete and adequate information to enable the Contractor to submit a fair and reasonable Quote for a

Project, then the Client and/or Agent agrees that any such Quote will be an estimate of costs only and the Project shall proceed on a cost-plus basis.

5. DO AND CHARGE WORK

5.1 When the Client has requested the Contractor to provide Goods and services to fix a plumbing, carpentry or associated issue then the Client shall pay the Contractor’s

hourly rate and call out charges. In addition, the Contractor shall charge the cost of materials, consumables and toll charges (if applicable).

5.2 The hourly rate for ‘Do and Charge’ Work may change should the Contractor hit a major obstacle including but not limited to solid rock, requiring the hire of

special equipment to complete the Work.

6. CALL OUT CHARGES

After hours weekdays (after 5pm) and all hours on Saturday and Sunday and public holidays will be charged at two hundred and fifty dollars ($250) per hour.

7. CLIENT’S RESPONSIBILITIES

7.1 It is the Client’s responsibility to be kept informed and updated as to the decisions being made by their Agent throughout the duration of the Project.

7.2 The Client must seek permission before entering the Site so the Contractor may comply with Workplace Health and Safety requirements. Should this protocol

not be followed, the Client will indemnify the Contractor from personal injury, losses or expenses incurred.

7.3 The Client acknowledges the suitability and accuracy of documents provided by the Client to the Contractor for specification and guidance on the Project.

8. PREFERRED SUBCONTRACTORS

To comply with current Australian Standards and ensure that the Project is completed to an acceptable standard, the Contractor may use a number of preferred

subcontractors. The Client acknowledges that this will be the preferred process and will resist introducing other contractors unless otherwise agreed in writing before

the start of the Project.

9. VARIATIONS

9.1 All requests for variations by the Client or the Client’s Agent must be made by text or email directly to the Contractor’s office during normal business hours. 

9.2 The Client shall indemnify the Contractor from any additional cost incurred by the Contractor, should the Client increase the scope of the Works and/or Goods to

be provided. 

9.3 The Client agrees to make no claim against the Contractor for liquidated damages related to delays due to variations requested by the Client.

9.4 Variations within a period subject to a progress payment shall be payable at that time and no later.

10. SITE ACCESS

10.1 The Client shall ensure that the Contractor has clear, safe and uninterrupted access to the Site until the Contractor’s Works have been completed and the

Contractor has been paid in full.

10.2 The Client will indemnify the Contractor for additional costs or penalties if the completion of the Works is delayed due to interrupted or unsafe Site access.

11. POWER AND WATER

The Client shall provide power and water services at the Site to assist the Contractor in carrying out the Works as specified in the Contract. The Client shall indemnify

the Contractor for any additional costs, expenses or losses incurred by the Contractor should these services not be made available.

12. HITTING ROCK WHEN DIGGING

The Contractor may need to use a digger to complete the Works. In most cases the work is straight forward, but if solid rock is hit a jack hammer will be required to

break up the rock. The cost to hire such specialised equipment will be the responsibility of the Client.

13. WORK DELAYS

13.1 In the event that Goods, specifications or dimensions to be provided by the Client or a third party prove to be unsuitable, inaccurate or unavailable, resulting

in delays to the Works, then the Client shall indemnify the Contractor from liability for any damages (either direct or indirect) for failure to complete the Works in

the estimated time.

13.2 In the event that delays occur in the Contractor being provided access to the Site due to reasons beyond the Contractor’s control, or that result in the

Contractor not being able to undertake the Works in the proposed timeframe, the Contractor has the right to raise a claim to recover any expenses incurred due to

such delays.

13.3 The Client shall indemnify the Contractor from costs, losses and expenses caused by late delivery of Goods supplied by the Client.

14. SERVICES BELOW THE GROUND

The Client must clearly mark the exact location and identify all services above and below the ground that the Client has initiated at the Site, including but not limited

to drains, pipes, sewers, mains and telephone and data cables, to enable the Contractor to prevent damage to all such services. Should the Client fail to provide the

Contractor with the location of such services, then the Client shall indemnify the Contractor from any claim for costs, expenses or losses.

15. CLEARING OF BLOCKED DRAINS

15.1 Simply clearing the blockage does not imply that the cause of the blockage had been rectified. Issues such as faulty joints, broken pipes or foreign objects

which have entered the drain can be the reason for the issue. The presence of root growth generally indicates damaged pipes. The damage cannot be rectified by

simply removing the root growth or clearing the drain. For that reason, removal of root growth or the blockage alone carries no warranty that similar problems will

not occur. Should the drain continue to block, the Contractor will recommend further investigation to determine the cause of the blockage. The Contractor can

provide an estimation of the cost of rectification once the cause has been identified and located.

15.2 Cameras and clearing Equipment may need to be sent through poor quality drains to ascertain what is causing a blockage. The Client agrees to indemnify the

Contractor from any costs, losses or expenses for damage to the Contractor’s Equipment in the process of such investigative Work.

16. ROOF REPAIRS

16.1 The Client must give the Contractor at least three (3) business days’ notice for roof related Work to allow for the hiring of scaffolding and other safety gear.

16.2 Due to the complexity of roof construction, an isolated “do and charge” or quoted roof repair may not solve the underlying roofing problem and there may be

subsequent roofing issues. The Contractor shall only be bound to complete the Work as an agreed ‘do and charge’, or as previously quoted and agreed on by both

parties in the Contract.

16.3 Any work will be governed by the restraints imposed on the Contractor due to the Client’s existing roofing structure and the Client agrees to this assumption.

1.3. Timber is a natural product and as such colour, shade tone, markings, and veining may vary from samples provided. Whilst the Contractor will make every effort to match sales samples to the finished Goods the Contractor accepts no liability whatsoever where the samples differ to the finished Goods.1.4. Timber is a hydroscopic material subject to expansion and contraction, therefore the Contractor will accept no responsibility for gaps that may appear in the flooring during prolonged dry periods.1.5. The Client acknowledges that Goods supplied may:(a) exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time; and(b) expand, contract or distort as a result of exposure to heat, cold, weather; and(c) mark or stain if exposed to certain substances; and(d) be damaged or disfigured by impact or scratching.

17. PAYMENT AND PAYMENT DEFAULT

17.1 Time for Payment

Unless otherwise agreed in writing, the Contractor’s payment terms are seven (7) days from date of the Contractor’s tax invoice and payment must be in full.

17.2 Deposit

Unless otherwise agreed in writing the Contractor may require a fifty percent (50%) deposit from the Client. The time for such payment will be specified in the

Contractor’s Quote and/or Contract. The Client acknowledges the Contractor is under no obligation to start any Works as requested by the Client, until the deposit is

received by the Contractor in full and when all details pertaining to contract are finalised. In the event of default as to payment owing to the Contractor on the part

of the Client, the Contractor shall be entitled to forfeit the deposit and claim any profit or margin contemplated by or allowed for in the Contract in addition to any

remedy available at law or in equity.

17.3 Progress Payments

When agreed progress payments are not honoured by the Client, the Contractor reserves the right to halt any further Works until such time as the outstanding

payment is forthcoming.

17.4 Client’s Introduced Tradesman

17.4.1 The Client agrees that it will not delay any payments to the Contractor should any segment of work to be supplied by a tradesman introduced by the Client

or their Agent not be completed for any reason whatsoever.

17.4.2 Damage caused to the Contractor’s Work by the Client’s introduced tradesman shall be at the Client’s expense.

17.5 Remedial Work

The Client hereby agrees that in the event remedial work is required for the Works completed to date, the Client or the Agent shall only hold back the value/amount

(agreed by both parties) of having the work replaced and not the entire due payment. The balance owing must be paid on receipt of the Contractor’s tax invoice or

payment claim.

17.6 Interest

The Contractor may charge interest at a rate of ten percent (10%) per annum above the commercial lending rate of the Contractor’s bank calculated on a weekly basis

on amounts not paid within the time specified in the Contractor’s payment claim or tax invoice.

17.7 Damages

The Client must pay to the Contractor any costs, expenses or losses incurred by the Contractor as a result of the Client’s failure to pay to the Contractor all sums

outstanding as owed by the Client to the Contractor including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing

payment on a solicitor and own client basis.

17.8 Cancellation

The Client shall reimburse the Contractor for any costs, expenses or losses incurred by the Contractor should the Client cancel an accepted Quote or Contract. The

time for payment for such cancellation shall be seven (7) days from the date of the Contractor’s tax invoice.

18. BCISPA 

When appropriate the Contractor may recover all or any invoices submitted under the Building and Construction Industry Security of Payment Act No 46 (NSW) (“BCISPA”).

19. SCHEDULE OF WARRANTIES

19.1 To the extent required by the Australian Consumer Law (“ACL”), the Contractor warrants that:

a) the Works will be carried out in accordance with all relevant laws and legal requirements in an appropriate and skillful way, in accordance with the plans

and specifications (where relevant) using Goods that are good and suitable for the purpose for which they are intended to be used and that, unless

otherwise agreed those Goods will be new;

b) each provisional sum item allowance, if calculated by the Contractor, has been calculated with reasonable skill and care, having regard to all the

information reasonably available when the Contract is entered into (including information about the nature and location of the Site).

19.2 The Contractor warrants that to the best of his knowledge the Works are, and that Goods supplied are, free of defects at the time of completion and/or installation.

19.3 Should the Contractor be directed to reuse any materials or components from the Site or elsewhere, then the Contractor will not accept any responsibility for

the aesthetic finishes, structural entity or any warranties whatsoever attached to those materials or components. The Client shall indemnify the Contractor from any

costs, losses or expenses associated with the rectification or resupply of such materials or components.

19.4 Subject to the ACL, the Contractor does not have to fix any problem caused by misuse, abuse, wear and tear, normal shrinkage or movement, work done by

others or any defects in Goods supplied by the Client.

19.5 The Contractor will not provide warranty on Goods supplied by the Client.

20. DEFECTS

The Client shall inspect the Goods on installation and shall within seven (7) days notify the Contractor in writing (by email or text message) of any alleged defects.

The Client shall afford the Contractor an opportunity to inspect the Goods within a reasonable time following installation if the Client believes the Goods are

defective or fail to match the description in the Quote. If the Client shall fail to comply with these provisions the Goods shall be conclusively presumed to be in

accordance with these Terms and Conditions and free from any damage.

21. LIABILITY

21.1 Non-Excludable Rights

The parties acknowledge that, under the ACL, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies

conferred on the Client in relation to the provision of goods and services which cannot be excluded, restricted or modified by the agreement (“Non-Excludable

Rights”).

21.2 Disclaimer of Liability

The Contractor disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Client, by statute, the common law,

equity, supply, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-Excludable

Rights.

To the extent permitted by the ACL, the liability of the Contractor for a breach of a Non-Excludable Right is limited, at the Contractor’s option, to the supplying of

the Goods and/or any Works again or payment of the cost of having the Goods and/or Works supplied again.

21.3 Indirect Losses

Notwithstanding any other provision of these Terms and Conditions, the Contractor 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 Client for:

a) any increased costs or expenses;

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

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

d) any special, indirect or consequential loss or damage of any nature whatsoever caused by a reasonable delay in completing the Works.

21.4 Force Majeure

The Contractor will have no liability to the Client in relation to any loss, damage or expense caused by the Contractor’s failure to complete the Works as a result of

fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Contractor’s normal suppliers to supply

necessary Goods or any other matter beyond the Contractor’s control.

21.5 Contractor’s Indemnity

21.5.1 The Client may be required to sign off that the Works have been completed at the stages agreed, in accordance with the Quote/Estimate or Provisional Sum. After the sign off has been received, the

Client shall indemnify the Contractor from any costs or expenses associated with remedial work to damaged Goods.

21.5.2 Any agreed Client supplied scope of works is to be completed at a time/s agreed by the Contractor, to ensure the Contractor has uninterrupted flow of work.

22. RISK

The risk in the Goods shall pass to the Client upon delivery of the Goods. If the Contractor retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.1.2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Contractor is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Contractor is sufficient evidence of the Contractor’s rights to receive the insurance proceeds without the need for any person dealing with the Contractor to make further enquiries.

23. RETENTION OF TITLE

23.1 Title

Notwithstanding the delivery and/or installation of the Goods, title in any particular Goods shall remain with the Contractor until the Client has paid and discharged

any and all monies owing pursuant to any invoice issued by the Contractor for the Goods, including all applicable GST and other taxes, levies and duties. Where the

Goods have been on-sold by the Client, the Client will be taken to hold the proceeds of sale of such Goods upon trust for the Contractor and to account to the

Contractor for these proceeds. Any payment made by or on behalf of the Client which is later avoided by the application of any Statutory Provisions shall be deemed

not to discharge the Contractor’s title in the Goods nor the Client’s indebtedness to the Contractor and, in such an event, the parties are to be restored to the rights

which each respectively would have had if the payment had not been made.

23.2 Bailment

The Client acknowledges that it is in possession of the Goods solely as Bailee until payment of all invoices and progress payments for the Goods are made pursuant

to clause 23.1 and until that time:

a) the Client is not entitled to sell the Goods but only in the ordinary course of business;

b) the Client must not encumber or otherwise charge the Goods; and

c) the Client is fully responsible for any loss or damage to the Goods whatsoever/howsoever caused following delivery of the Goods.

23.3 Repossession

The Client hereby irrevocably grants to the Contractor the right, at its sole discretion, to remove or repossess any unfixed Goods and sell or dispose of them, and

the Contractor shall not be liable to the Client or any person claiming through the Client and the Contractor shall be entitled to retain the proceeds of any Goods

sold and apply same towards the Client’s indebtedness to the Contractor. If the Client commits an act of bankruptcy, enters into any form of administration or

liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this Agreement, then the

Contractor may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Client on any account which has not been paid in

accordance with the Terms and Conditions herein and commence proceedings to recover the balance of any monies owing the Contractor by the Client.

24. PERSONAL PROPERTY SECURITIES ACT 2009 (PPSA)

24.1 In this clause, the following words have the respective meanings given to them in the PPSA: Financing Statement, Financing Change Statement, Proceeds,

Register, Security Agreement, Security Interest and Verification Statement.

24.2 The Client acknowledges and agrees:

a) that these Terms and Conditions constitute a Security Agreement that creates a Security Interest in all Goods (and Proceeds):

(i) previously supplied by the Contractor to the Client;

(ii) to be supplied in the future by the Contractor to the Client;

b) that the Security Interest created by these Terms and Conditions is a continuing Security Interest in all Goods (supplied now or in the future by the

Contractor to the Client) and Proceeds, which will operate (despite any intervening payment or settlement of account) until the Contractor has signed a

release;

c) to waive its rights under section 157 of the PPSA and the following subsections of section 115 of the PPSA, which will not apply to the Security Agreement

created by these Terms and Conditions: 95, 117, 118, 121(4), 130, 132(4), and 135.

24.3 The Client undertakes to:

a) keep all Goods free of any charge, lien or Security Interest except as created under these Terms and Conditions and not otherwise deal with the Goods in

a way that may prejudice any rights of the Contractor under these Terms and Conditions or the PPSA;

b) sign any further documents and provide any further information (which must be complete, accurate and up-to-date in all respects) that the Contractor

may require to:

(i) register a Financing Statement or Financing Change Statement in relation to a Security Interest on the 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 24.3(b) (i) or 24.3(b) (ii);

c) indemnify, and upon demand reimburse the Contractor for all fees (including actual legal fees on a solicitor/own client basis), costs, disbursements and

expenses in:

(i) registering and maintaining a Financing Statement or Financing Change Statement on the Register or releasing any Goods charged

thereby; and

(ii) enforcing or attempting to enforce the Security Interest created by these Terms and Conditions;

d) not register, or allow to be registered, a Financing Statement or a Financing Change Statement in respect of the Goods or Proceeds in favour of a third

party, without the prior written consent of the Contractor; and

e) immediately advise the Contractor of any material change in its business details, including, but not limited to, it’s trading name, address or business

practices.

25. PRIVACY

25.1 The Client hereby authorises the Contractor to collect, retain, record, use and disclose consumer information about the Client’s credit worthiness, credit history

or credit capacity, in accordance with Privacy laws applicable at the time and the Privacy Principles, to persons and/or

legal entities who are a solicitor or any other professional consultant engaged by the Contractor, a debt collector, credit reporting agency and/or any other individual

or organisation which maintains credit references and/or default listings.

25.2 The Contractor may give information about the Client to a credit reporting agency for the purposes of obtaining consumer credit reports and/or lodging

consumer defaults on the Client’s credit file. This information may be given before, during or after the provision of credit to the Client and will be in accordance with

the Privacy Act 1988 and subsequent amendments.

26. ARBITRATION AND MEDIATION

Without prejudice to either party’s rights under the BCISPA either party may refer any dispute under, or arising out of, this contract to the Institute of Arbitrators & Mediators Australia, for resolution under the Rules of the Construction Industry Dispute Resolution

Scheme. Each case will first be referred to a Conciliator appointed by the Institute unless each party wishes to proceed directly to arbitration. If the conciliation is

not satisfactorily concluded within thirty (30) days or if the parties want to proceed directly to arbitration, the Institute will appoint an Arbitrator who will make a

final and binding award.

27. SECURITY AND CHARGE

The Client reserves the right to charge all property, both equitable and legal, present or future of the Client in respect of any monies that may be owing by the

Client to the Contractor under these Terms and Conditions or otherwise and to authorise the Contractor 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 Client at any time.

28. GENERAL MATTERS

28.1 Non-Waiver

Failure by the Contractor to enforce or delay in enforcing any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision

unless acknowledged and agreed by the Contractor in writing.

28.2 Amendments to these Terms and Conditions

The Contractor may vary these Terms and Conditions at any time. Any subsequent order for

work or new Contract will represent the Client’s agreement to these Terms and Conditions as amended.

28.3 Severability

Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible,

so as to be valid and enforceable. If that provision cannot be read down, then it is capable of being severed to the extent of the invalidity or unenforceability without

affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

28.4 Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the New South Wales and the laws of the Commonwealth of Australia which are in force in New South Wales.

All disputes arising between the Client and the Contractor will be submitted to a court of competent jurisdiction in New South Wales selected by the Contractor and such

court shall possess territorial jurisdiction to hear and determine such proceedings.