Terms and Conditions.

Terms and Conditions – Fox Plumbing & Drainage
Peter Brecelj T/A Fox Plumbing & Drainage
ABN: 46832775310
Address: 140 Botanica Springs Blvd, Brookfield, VIC 3338
Email: foxplumbingdrainage@gmail.com


Applicability & Interpretation
These Terms and Conditions apply to all agreements for plumbing services and materials provided by Fox Plumbing & Drainage ("Fox") and override any conflicting terms proposed by the Customer.
Fox may update these Terms and Conditions at its discretion, notifying the Customer of changes. The latest version applies upon notification or continued engagement.
Singular terms include the plural and vice versa.
"Person" includes individuals, companies, and government bodies.
Legal references include regulations, amendments, or replacements.
If multiple Customers sign, they are jointly and severally responsible for the Price.


Definitions
“Australian Consumer Law” (ACL): Schedule 2 of the Competition and Consumer Act 2010 (Cth) and related Australian consumer protection laws.
“Contract”: The agreement for Fox to provide Works, including quotes and orders.
“Customer”: The person or entity ordering Works, including their authorized agents.
“Works”: Plumbing services (e.g., repairs, installations) and materials supplied by Fox.
“GST”: Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Liability”: Any damages, losses (including profit, revenue, or indirect losses), or claims, however caused.
“Order”: A Customer’s request for Works.
“PPSA”: Personal Property Securities Act 2009 (Cth).
“Price”: The agreed cost of Works, adjustable per these terms.
“Quote”: Fox’s estimated Price for Works.
“Fox”: Peter Brecelj T/A Fox Plumbing & Drainage, including successors and assigns.


Acceptance
By accepting a Quote or placing an Order, the Customer agrees to these Terms and Conditions. Changes require Fox’s written approval. Fox has no obligation until it accepts the Order.


Works Exceeding $5,000 (Cooling-Off Period)
For Works over $5,000 (per the Domestic Building Contracts Act 1995 VIC), the Customer may cancel within five (5) business days of placing the Order:


  • Fox keeps from any deposit the cost of completed Works, purchased materials, and admin fees.


  • If costs exceed the deposit, the Customer pays the difference within seven (7) days.


  • If less, Fox refunds the excess within seven (7) days.


Works
Works match the Quote or Order description. Fox ensures compliance with:


  • The Building Code of Australia and Victorian plumbing regulations.


  • Relevant standards and development consents.
    Fox isn’t liable for non-compliance if:


  • The Customer provides designs/specifications (not Fox), and Fox warns in writing of legal or warranty issues under the Domestic Building Contracts Act 1995.


Price & Payment


  • The Price is per the Quote if accepted within 30 days; otherwise, it’s Fox’s rate at the time of Works.


  • Payment is due on completion unless agreed otherwise (e.g., progress payments for large jobs).


  • Payment Options:

    • Cash, bank transfer, credit card (surcharge may apply).


    • Zip Payment Services: Zip Pay, Zip Plus, or interest-free plans up to 60 months. Fox sends a payment link via the Zip Merchant Centre after the job; no extra fees apply.



  • Fox may pause Works for overdue payments.


  • Variations: Unforeseen issues (e.g., hidden pipes) require a new Quote. The Customer must accept within five (5) days, or Fox may refuse to proceed. Emergency Works (e.g., to stop damage) are billable without a prior Quote.


  • Deposits may be required and are non-refundable if the Customer cancels.


  • Overdue amounts accrue 2.5% monthly interest. The Customer pays recovery costs (e.g., legal fees).


  • No deductions from the Price are allowed without Fox’s written consent.


Delivery of Works


  • Works occur at the Customer’s specified address.


  • The Customer must:

    • Obtain consents (e.g., landlord approval if renting).


    • Ensure safe, clear access (Fox isn’t liable for damage unless negligent).



  • Timeframes are estimates. Fox isn’t liable for delays beyond its control (e.g., weather, access issues) but may adjust deadlines or cancel without liability.


  • Partial Works may be invoiced separately. Fox may cancel before starting, with notice, refunding payments minus amounts owed.


Transfer of Title
Materials remain Fox’s property until fully paid. The Customer holds them as bailee, keeping them identifiable and returnable to Fox on demand. Fox may enter the premises to reclaim unpaid materials.


Risk
Risk transfers to the Customer upon installation or delivery. The Customer must insure materials from then; Fox has no insurance duty post-delivery.


Returns & Warranty


  • Report defective Works within seven (7) days of completion. With Fox’s approval, Fox may repair, replace, or refund (its choice) if unchanged from delivery.


  • Non-defective returns may incur a 15% handling fee plus costs, at Fox’s discretion.


  • Manufacturer warranties apply where available; otherwise, Fox warrants Works are defect-free and fit for purpose, limiting fixes to repair, replacement, or refund.


  • The Customer must let Fox inspect and fix defects. Fox isn’t liable for nearby items or pre-existing issues.


  • Fox removes job debris unless agreed otherwise.


Refunds and Cancellation


  • Refunds: If Works are unsatisfactory, notify Fox in writing (email: foxplumbingdrainage@gmail.com) within 7 days of completion and allow inspection. Refunds reflect satisfactory work/materials value; rework may be offered instead, per ACL.


  • Cancellation: Cancel with 24 hours’ written notice (email: foxplumbingdrainage@gmail.com) before starting, free of charge, unless materials are ordered or Works begun. Late cancellations incur Fox’s costs (e.g., labor, materials).


Breach & Insolvency
Fox may terminate without liability if the Customer breaches payment terms, becomes insolvent, or lacks required consents.


Liability Exclusion


  • Fox’s liability is capped at the Price, excluding indirect losses unless required by ACL. Remedies are limited to repair, replacement, or refund.


  • No liability applies for delays due to uncontrollable events (e.g., storms, strikes), addressed as feasible.


PPSA Security Interest
The Customer grants Fox a purchase money security interest (PMSI) in unpaid materials under the PPSA. The Customer supports registration and waives some PPSA notices (e.g., sections 95, 157). Registration costs are the Customer’s responsibility.


Building Industry Security of Payments
Invoices comply with the Building and Construction Industry Security of Payment Act 2002 (VIC).


Privacy
Fox collects Customer data (e.g., name, contact) to provide Works, per the Privacy Act 1988. See our Privacy Policy at [insert website link if added later].


Miscellaneous


  • Stamp duty is the Customer’s duty.


  • Amendments need Fox’s written approval.


  • Governed by Victorian law, under Melbourne courts’ jurisdiction.


  • Invalid terms are removed without affecting others.


  • GST applies to taxable supplies, payable with the Price.


  • Notify Fox of ownership/control changes 14 days prior.


Plumbing Specifics
Blocked drains may signal deeper issues (e.g., cracks, roots); clearing doesn’t guarantee no recurrence. Equipment stuck in faulty drains is removed at the Customer’s expense.