TERMS & CONDITIONS OF TRADE

A G LETHLEAN PLUMBING ENTERPRISES PTY LTD (ABN: 85 007 084 817)

By instructing Rescue Plumbing to supply goods and/or services, the Customer acknowledges they have read, understood, and agreed to be bound by the terms and conditions outlined in this agreement. These terms are subject to change without notice and are designed to ensure fairness, clarity, and professionalism in all dealings with Rescue Plumbing.

1. DEFINITIONS

"Company" means A G Lethlean Plumbing Enterprises Pty Ltd trading as Rescue Plumbing.
"Customer" means any person, business, or entity that instructs Rescue Plumbing to perform work or accepts a quotation.
"Agreement" means the contract between Rescue Plumbing and the Customer, incorporating all these Terms and Conditions.
"Goods and Services" means all products, materials, labour, and related works provided by Rescue Plumbing.
"Site" means the property, premises, or location where the works are to be performed.
"Price" means the amount quoted, estimated or invoiced for the provision of Goods and Services.

2. ACCEPTANCE OF TERMS

Instructing Rescue Plumbing to commence works, whether through written confirmation, verbal agreement, acceptance by email or SMS, or by signing any quotation or invoice, shall constitute full acceptance of these Terms and Conditions in their entirety.

3. AUTHORISATION & SITE ACCESS

The Customer agrees to ensure clear, unobstructed, and uninterrupted access to the Site for Rescue Plumbing to carry out the required works. Any delays or additional costs caused by lack of access will be the responsibility of the Customer. The Customer also warrants that the Site is compliant with all applicable occupational health and safety laws and regulations. Rescue Plumbing accepts no liability for delays or damages resulting from non-compliance or restricted access.

4. PAYMENT TERMS, OWNERSHIP & OVERDUE INVOICES

Invoices are payable in full upon completion of works unless otherwise agreed in writing prior to commencement.
For all quoted works exceeding $1,000 in value, a deposit equal to 50% of the total quoted Price is required before any works commence.
Ownership of all materials and goods supplied by Rescue Plumbing remains with the Company until full payment has been received and cleared in Rescue Plumbing's bank account.
Failure to make payment by the due date constitutes a material breach of the Agreement and entitles Rescue Plumbing to cease ongoing or future work and to seek recovery of outstanding amounts through appropriate legal channels.
A payment reminder will be issued via phone, email or SMS seven (7) days following the invoice due date. No additional fees will be charged for this first reminder.
If payment is not received within fourteen (14) days of the invoice due date, or within seven (7) days of the reminder being issued, an administrative fee of $51.44 (inclusive of GST) will be added to the Customer's account.
If the invoice remains unpaid twenty-one (21) days after the due date, or seven (7) days after the administrative fee has been applied, the account may be referred to a debt collection agency. An administrative fee of $51.44 (inclusive of GST) will be added to the Customer's account.
After the invoice remains unpaid for twenty-one (21) days past the due date, all fees, charges, commissions, and associated costs incurred by Rescue Plumbing through the engagement of a debt collection agency will be added to the outstanding amount and become the responsibility of the Customer.
Rescue Plumbing reserves the right to charge interest on overdue amounts at a rate of 4.5% above the current Penalty Interest Rate, calculated weekly from the due date until the invoice is paid in full.
Rescue Plumbing's invoices constitute a formal claim under the Building and Construction Industry Security of Payment Act 2002 (VIC).

5. DEBT COLLECTION, CREDIT REPORTING & ENFORCEMENT

Where an invoice remains unpaid beyond the agreed terms, Rescue Plumbing reserves the right to initiate debt recovery procedures through external collection services. This may include the use of licensed debt collection agents, legal representatives, or initiating proceedings under relevant legislation, including the Building and Construction Industry Security of Payment Act 2002 (VIC).

The Customer agrees that any reasonable costs incurred by Rescue Plumbing in the recovery of unpaid invoices may be charged to the Customer. These costs may total up to 30% of the original invoice amount and can include, but are not limited to, debt collection agency fees, legal expenses, court filing costs, administrative processing time, and applicable interest charges. Rescue Plumbing also reserves the right to recover costs related to time spent following up overdue payments to ensure the business is not financially disadvantaged by non-payment. This approach ensures that all recovery-related expenses are fairly passed on to the party responsible for the delay.

The Customer further consents to the disclosure of their personal or company information, including names, contact details, outstanding amounts, and payment history, to third-party debt recovery agents or credit reporting bodies. Such disclosures may result in the Customer receiving a negative credit listing or other consequences affecting their creditworthiness.

Rescue Plumbing will make at least one formal notice of intent to recover before referring any matter to external recovery agencies. If the Customer does not respond or arrange payment within the stated timeframe, the matter will be referred without further delay or notification.

6. VARIATIONS

All quotations are provided based on a visual site inspection or information supplied by the Customer at the time of request. The quotation is a reflection of what is visible and known at the time and assumes typical site conditions. Should unforeseen issues, concealed defects, previously inaccessible areas, or discrepancies in the provided information arise once works commence, Rescue Plumbing reserves the right to review, revise, and adjust the quoted Price accordingly. This includes, but is not limited to, structural obstacles, unknown plumbing configurations, safety hazards, or requirements for additional materials and labour. All such variations will be documented in detail, discussed with the Customer where practical, and invoiced as part of the final amount due. Rescue Plumbing will endeavour to communicate any significant changes to scope or cost promptly and transparently as part of our professional commitment to the Customer.

7. REFUNDS & WARRANTIES

Refunds are not available except as required under Australian Consumer Law (ACL). Any requests will be assessed according to legal entitlements.
A six (6) month warranty applies to workmanship and supplied materials, unless otherwise agreed or stated in writing.
This warranty excludes issues related to blocked drains, sewer systems, or stormwater infrastructure.
All valve-type components must be serviced by Rescue Plumbing every six (6) months to maintain warranty eligibility. Failure to do so may void the warranty.

8. CUSTOMER RESPONSIBILITIES

The Customer is responsible for:

Providing accurate and complete information during quoting or work instruction.
Ensuring all necessary access, clearances, and safety measures are in place before works begin.
Accepting the risk and cost of unknown conditions not visible or detectable prior to commencement.

9. CALL-OUT & MINIMUM CHARGE FEES

A minimum call-out fee may apply, even if no physical work is completed during the visit. This fee will be communicated at the time of booking. If the Customer fails to provide access or is not present at the agreed time, the call-out fee remains payable.

10. ENVIRONMENTAL FEES & WASTE DISPOSAL

Where applicable, additional fees may be charged for the collection, handling, and lawful disposal of waste, debris, or hazardous materials. These charges will be discussed with the Customer beforehand where possible and included in the final invoice.

11. WEATHER & DELAYS OUTSIDE OF CONTROL

Rescue Plumbing will not be held liable for any delays caused by events outside of its control, including but not limited to extreme weather, emergencies, supplier issues, transport interruptions, or acts of nature. In such cases, all affected timelines will be adjusted reasonably and in good faith.

12. ELECTRONIC COMMUNICATIONS

The Customer agrees that Rescue Plumbing may communicate via email, SMS, or other digital platforms to provide updates, quotations, invoices, payment reminders, and other notices related to the work. Such communication shall be considered valid and binding for all contractual and legal purposes.

13. SITE PHOTOGRAPHY & MEDIA USAGE

Rescue Plumbing may take photographs or videos of the job site before, during, or after works for record-keeping, quality assurance, or marketing purposes. No identifying features of the Customer will be shared publicly without written permission. Images used internally do not require Customer consent.

14. WATER/GAS AND ROOF LEAKS

The Customer agrees that leaks are a process of elimination. The Company will not be held liable to any leaks. The Customer agrees that roof leaks are not always found and fixed on the first visit. Multiple testing may be required to find the source of the problem. It is agreed that roof leaks have a large number of contributing factors that cannot be simulated and the Company will attempt to rectify all leaks within an appropriate time.

15. USE OF QUOTED MATERIALS & DOCUMENTS

All information, descriptions, pricing structures, and service details included in Rescue Plumbing's quotations and invoices remain the intellectual property of Rescue Plumbing. They must not be reproduced, shared, or used by any other party without written permission. This includes using Rescue Plumbing's documents to seek alternative quotations.

16. UNSAFE CONDITIONS & RIGHT TO REFUSE WORK

Rescue Plumbing reserves the right to refuse or postpone any work if the conditions at the Site are deemed unsafe or hazardous to personnel or others. In such cases, the Customer will be informed, and the job may be rescheduled or cancelled at Rescue Plumbing's discretion. Any costs incurred up to that point remain payable.

17. COMPLIANCE WITH PLUMBING STANDARDS

All plumbing works carried out by Rescue Plumbing will be completed in accordance with the standards and regulations set out by the Victorian Building Authority (VBA) and other applicable laws.

18. PRIVACY POLICY

Rescue Plumbing complies with the Privacy Act 1988 (Cth). Personal information collected during the course of quoting, booking, and delivering services will only be used for internal operational purposes, including communication, job tracking, and compliance with legal obligations. Customer information will never be sold or shared with third parties without explicit consent, except for the purposes of debt recovery or where required by law.

19. SURPLUS MATERIALS

Any surplus, unused, or leftover materials supplied or installed by Rescue Plumbing remain the property of the Company unless otherwise agreed in writing. These may be removed from the Site upon completion of the works.

20. TERMINATION OF WORKS

Rescue Plumbing reserves the right to terminate or suspend works immediately in the event of non-payment, unsafe working conditions, verbal or physical abuse, or any other breach of this Agreement by the Customer. In such cases, Rescue Plumbing may retain any deposits paid and issue an invoice for all work completed to date, including any materials ordered or used.

21. DISPUTES & GOVERNING LAW

Any disputes or complaints must first be submitted in writing to Rescue Plumbing. The Company will respond within thirty (30) calendar days. If the matter remains unresolved, it may be escalated through the Victorian Civil and Administrative Tribunal (VCAT) or other relevant jurisdiction.

These Terms are governed by the laws of the State of Victoria, Australia. Both parties agree to submit exclusively to the jurisdiction of Victorian courts and tribunals for the resolution of disputes arising under this Agreement.

22. ENTIRE AGREEMENT

These Terms and Conditions represent the full and binding agreement between Rescue Plumbing and the Customer. They supersede all previous negotiations, communications, representations, or understandings, whether written or verbal.

Terms and Conditions last revised June 2025