TERMS AND CONDITIONS OF TRADE

BUSINESS NAME: JETT PLUMBING

ABN: 26 672 234 294
License No: 371339C
ENTITY TYPE: Company

1. DEFINITIONS &; INTERPRETATION

“Agreement” means this contract and the Terms and Conditions present herein.
“Callout Fee” means a fee that is charged in respect to dispatching the Contractor to assess and
diagnose Works.

“Contract Date” means the date where both parties have signed the agreement.

“Contract Price” means the price payable by the Customer that is set out on the first page of this Agreement.

“Contractor” means Jett Plumbing Pty Ltd or any person affiliated with Jett Plumbing that is
dispatched to complete Works, including but not limited to sub-contractors and assignees.
“Customer” means the individual or entity who is entering into this agreement, whose details are
present on the front page of this agreement, or any persons with the authority to act on their behalf.

“Excavation Work” means any work involved in relocating, repairing or removal of any underground services, rock or obstruction or digging in the ground beyond 1.5 metres from the ground surface level.

“Guardian” refers to any individual who is the appointed legal guardian of the Customer to whom
this Agreement relates to.

“Materials” means the materials required in order to adequately complete the Works.

“Search and Investigation Work” means work involved in locating a plumbing problem and includes accessing roofs, under-spaces of buildings, locating gas leaks or locating water leaks. Search and Investigation Work does not include costs of rectification or the Works.

“Urgent Works” means Works that the Customer has requested to be completed in an expedited
manner and/or Works that are completed on an emergency basis.

“Works” means all work (including the supply of Materials) undertaken by the Contractor described in this Agreement. Works does not include ant Search and Investigation Work unless the Agreement (or associated quote) specifies otherwise.

2. EFFECT OF CONTRACT

2.1 This Contract is deemed to have been effected from the Contract Date.
2.2 Where the Contract is not signed, it is deemed to have been effected from the date the
Contractor commences the specified Works.
2.3 Where the Contract is not signed by the Customer, but the Customer continues to instruct the
Contractor as to the completion of Works, then it is taken that the Customer agrees to the
Terms and Conditions of this Agreement.
2.4 Where the Customer is a corporation or partnership, its Directors/Partners agree to be bound
by this Agreement jointly and severally.

3. SCOPE OF SERVICE

3.1 The Contractor agrees to provide plumbing services as agreed with the Customer and as
outlined within this Agreement.
3.2 No work not expressly listed in this Agreement shall be performed prior to receiving written
or verbal consent from the Customer. See Clause 4 titled “Additions and Variations”.

4. ADDITIONS AND VARIATIONS

4.1 An addition includes Works that the Customer did not initially request but wishes to request
after the Contract Date.
4.2 A variation includes an adjustment or change to the Works agreed to prior to the Contract
Date.
4.3 Any additions and/or variations to be made to the specified Works are to be communicated
solely in writing.
4.4 In the event where additions and/or variations are requested on an urgent basis due to
Customer needs, Contractor professional opinion or unforeseen circumstances, a verbal
agreement may be made and agreed to in lieu of a written agreement. The Contractor agrees
to provide written confirmation of these works after their completion.
4.5 Any additions and/or variations to the Works may incur an increase in the Contract Price at
the discretion of the Contractor. The Contractor agrees to provide the Customer with an
updated Contract Price for their agreement, where applicable, prior to commencement of any
work requested under this Clause.

5. CALL OUT FEES

Where a Call-out fee is charged:

5.1 The contractor agrees to charge a $65 (plus GST)* call out fee where the Works are not
situated within a 15km radius of the registered place of business.
5.2 The contractor agrees to charge a no call out fee* if the works are situated within a 15km
radius of the registered place of business.

* The above Clauses are subject to change at any time. Any change to the above clauses will be communicated to the Customer.

5.3 The Contract Price will be reduced by the amount of the Call-out fee if:
i. The Call-out fee was charged to the customer within fourteen (14) days of the agreement
being entered into.
ii. The Works do not relate to an emergency and the works are not Urgent Works
iii. A Contractor is dispatched to the Customer’s premises between the hours of 7:00AM –
4:00PM (AEST) between Monday to Friday (excluding Public Holidays within the meaning
of the Public Holidays Act 2010). The call out fee will not be reduced if the Contractor is
dispatched on a weekend.

6. CONTRACTOR RESPONSIBILITIES

6.1 The Contractor agrees that all materials supplied will be suitable for the needs of the Customer and for their intended purpose and use. The Contractor further agrees that materials will be new, unless otherwise specified or agreed upon between the Contractor and the Customer. The Contractor understands that the Customer relies on their professional skill and judgment in obtaining the correct materials.

6.2 The Contractor shall aim to complete all Works within the timeframe communicated to the
Customer, however, will not be liable for any delays arising from unforeseen circumstances, including but not limited to delays in obtaining materials, inclement weather and other circumstances beyond the Contractors control. Any anticipated delays will be communicated to the Customer by the Contractor; however the Customer hereby releases the Contractor from any claim, liability or damages that may arise if the Works are not completed by the specified time.

6.3 The Contractor shall procure any insurances that the Contractor is required by any Act of
Parliament (“statutory insurance”) that imposes an obligation on the Contractor to take insurance cover, including but not limited to Public Liability Insurance and Workers Compensation policies.

6.4 The Contractor agrees that the Works will comply with the Building Code of Australia, the
Australian Consumer Law and to the extent required under the Environmental Planning and
Assessment Act 1979. The Contractor further agrees to perform the agreed Works with due care and skill and also agrees to ensure to do all that is reasonably practicable to ensure that the Works will be of the highest possible quality and will align with the needs of the Customer.

6.5 The Contractor agrees to be responsible for obtaining the necessary approvals and/or clearances required for the undertaking of the specified Works from the relevant authorities. Any time and fees incurred with obtaining these approvals and/or clearances may be charged to the Customer at thediscretion of the Contractor.

6.6 The Contractor agrees to be responsible for the removal of any rubbish from the work site that was caused during the undertaking of the Works. The Contractor agrees to do all that is reasonably practicable to leave the work site the state in which it was found. The Contractor is not responsible for the removal of rubbish that was present at the site on arrival, or for rubbish left by other tradespersons.

6.7 None of the above clauses are intended to exclude, restrict or modify any rights that the client may
have under the Australian Consumer Law or any other consumer protection laws.

7. CUSTOMERS RESPONSIBILITIES

7.1 The Customer hereby agrees that they have read this Agreement and that they understand the Terms and Conditions contained within . The Customer has the right to seek clarification on any terms they do not fully understand prior to entering into this Agreement.

7.2 The Customer warrants that the Contractor is authorised to access and occupy the premises at which the Works are to be undertaken. The Customer will ensure that the Contractor has clear and free access to the worksite in order to allow the Contractor to adequately complete the Works. The Customer agrees to be present at the worksite unless otherwise agreed in writing between the parties.

7.3 The Customer agrees that where required, they will provide access to power, water, and any other facilities that the Contractor may need to complete the Works.

7.4 The Customer agrees to remove all personal, valuable and/or fragile items from the vicinity of the worksite. The Contractor will exercise all reasonable care to minimise the risk of damage to the Customers personal items, however, bears no responsibility if damage occurs due to the Customer failure to remove these items.

7.5 The Customer agrees to pay the deposit and the completion payment on time. See Clause 9 for further details regarding the Customers payment responsibilities.

8. HOME BUILDING ACT 1989 (NSW)

8.1 If Section 7BA of the Home Building Act 1989 (NSW) applies to this Agreement* then the
Customer shall be able to terminate this Agreement within 5 clear business days following the latter of:

i. Receipt from the Contractor of a signed copy of this Agreement, or
ii. The Customer becoming aware that they were entitled to be given a copy of the
Contract.

8.2 To terminate this Agreement the Customer must provide the Contractor with a written notice
which clearly outlines that the Customer rescinds the contract within the time specified in this Clause and the Customer must give that notice to the Contractor personally or leave it at the Contractors nominated address for service of notices as specified in this contract, or must post it by registered post to the Contractors nominated address for service of notices as specified in this contract.

8.3 Once the withdrawal notice has been issued to the Contractor, then the contract is taken to have been rescinded by the Customer from the time it was signed. The Contractor may retain out of any money already paid to it the amount of any reasonable out-of-pocket expenses that the Contract incurred before the Contract was rescinded. The Contractor must refund all other monies paid to the Customer under the Contract.

8.4 Nothing in this clause is intended to affect the Contractors entitlement to be paid a reasonable price for any Works undertaken prior to the date of recission. The Customer shall not be liable to the Contractor in any other way due to their withdrawal from the Contract.

* Section 7BA of the Home Building Act 1989 (NSW) applies to Agreements where the Contract
Price exceeds $20,000.00.

9 PAYMENT

9.1 A non-refundable deposit amount, being 10% of the total Contract Price is required from the
Customer to the Contractor prior to the commencement of the Works. Deposits can be paid by
Electronic Funds Transfer to the Contractors nominated bank account or as otherwise agreed
between the parties. Where the payment is made by Electronic Funds Transfer, the Customer is
required to provide remittance to the Contractor to evidence payment.

9.2 The remaining amount of the Contract Price (reduced by the deposit) is payable directly upon completion of the Works, or as otherwise specified to the Contractor. This payment can be paid by Electronic Funds Transfer to the Contractors nominated bank account, Cash, or Card, or as otherwise agreed by the parties. Where the payment is made by Electronic Funds Transfer, the Customer is required to provide remittance to the Contractor to evidence payment.

9.3 Interest on late payments may be charged at the discretion of the Contractor. Interests on late payments will be calculated based on the Cash Rate Target stipulated by the Reserve Bank of Australia on and from the day that the payment was due. Any interest charged in respect of late payments will accrue daily until the Customer makes the payment. The Contractor will provide an updated Tax Invoice with any interest payable shown.

9.4 Where the Customer defaults in payment of the Contract Price, or any part thereof to the
Contractor, the Contractor reserves the right, without prior demand or notice, to retake possession of any materials or goods used in the undertaking of the Works. It is the intention of the parties that ownership of any materials shall not pass until the Customer has paid all amounts owing. The Contractor may, without notice, and at their own discretion, sell or dispose of those materials as they see fit given the circumstance.

i. For the purpose of exercising actions within this Clause, the Customer hereby irrevocably
authorises the Contractor to enter the premises where such materials are stored and further
authorises the Contractor to take possession of said materials and other goods used in
connection with the undertaking of the Works and forgoes any claim for trespass under New
South Wales statutory law.

9.5 In the event of an unforeseen or exceptional circumstance that prevents the Customer from
paying the Contract Price upon completion of the Works, the Contractor, at their discretion, may
provide a seven (7) day grace period for the payment of the Contract Price. The granting of a
grace period will be communicated to the Customer in writing by the Contractor. In the event that a grace period is granted, and the Customer still fails to pay the Contract Price, the Contractor reserves the right to commence legal proceedings without further notice to the Customer to recover the unpaid amounts. The Customer hereby indemnifies the Contractor against all costs and disbursements incurred by the Contractor in recovering the debt, including but not limited to professional legal fees, Court fees and/or debt collection fees.

10. WARRANTY

10.1 The Contractor warrants that all plumbing services are covered by a lifetime Workmanship
warranty,
10.2 The above warranty does not cover damages caused by factors beyond the control of the
Contractor, including:
i. Acts of nature
ii. Misuse or negligence by the Customer
iii. Unauthorised repairs or modifications by the Client or any third party
iv. Failure to follow proper maintenance procedures
v. Failure of the materials used in the undertaking of the Works which falls beyond the reasonable control of the Contractor, or the scope of work carried out by the Contractor
10.3 The above warranty will be void if the Customer fails to fulfill their payment obligations,
engages in unauthorized third parties to perform repairs, or otherwise breaches the terms and
conditions of this entire agreement.

11. CANCELLATION

11.1 Either party reserves the right to cancel this Agreement by providing written notice to the othe party in the event that:
i. Both parties mutually agree, in writing, to cancel this contract in the event that the services are no longer wanted or needed.
ii. Either party breaches any term or condition of this contract; whereby the non-breaching
party may provide a Notice of Breach to the breaching party allowing them fourteen (14)
days to remedy the breach. If the breach is not cured within this timeframe, then the
Agreement may be cancelled, and the breaching party may be liable for damages or any
other claim which arises under the relevant laws of New South Wales.
iii. either party is affected by a force majeure event that significantly hinders their ability to
perform their obligations under this Agreement. In this event, the affected party must
provide an immediate written notice to the non-affected party.

11.2 The Customer is given the right to cancel this Agreement within fourteen (14) days of the
agreed commencement date in the event that the Works are no longer requested, however
agrees to forfeit the 10% deposit which was paid to the Contractor. The Customer must
provide a Notice of Cancellation to the Contractor, and cancellation will be deemed effective
when a Notice of Acknowledgement of Cancellation is issued by the Contractor.

11.3 The Customer hereby acknowledges and agrees that they may be responsible for payment of materials acquired or other costs incurred by the Contractor for the Works in addition to the
10% deposit already paid. 11.4 In the event that the Customer cancels the Agreement after the commencement of the Works, then the Contractor will be entitled to be paid for the greater of either 15% of the Contract Price or the amount that has been incurred by the Contractor for work performed up to and until the date of cancellation.

12. INDEMNITY

12.1 The Customer hereby agrees to indemnify the Contractor and all affiliated persons as mentioned in Clause 1 titled “Definitions and Interpretations” against any and all claims, liabilities, damages, losses, costs and expenses, including, but not limited to legal fees arising out of or in connection with:

i. Any injury to persons, including the Customer, or damage to property caused by the
Customers negligence, wilful misconduct or breach of safety guidelines.
ii. Any damages or loss to the plumbing systems, equipment, or materials installed by the
Contractor caused by factors beyond the reasonable control of the Contractor or as a
result of the Customers misuse, negligence or failure to follow proper maintenance
Procedures.

12.2 This indemnity shall survive the completion of the plumbing services mentioned within this
Agreement and remains in effect unless and until all claims have been resolved and any required indemnity obligations have been fulfilled.

12.3 The Customer understands and agrees that the Contractor shall not be liable for any damages,
losses, or liabilities arising out of circumstances outside of the reasonable control of the Contractor, including but not limited to acts of nature, unforeseen events or force majeure events.

13. DISPUTE RESOLUTION

13.1 If the Customer is unsatisfied with any aspect of the Works completed by the Contractor,
they must provide a Notice of Complaint to the Contractor setting out the details of the grounds
for the complaint. Any Notice of Complaint must be issued within fourteen (14) days of the date
the Works were completed. The Notice of Complaint may be issued to the Contractors nominated
email address, and is considered to have been delivered once received by the Contractor, or to the Contractors postal address by registered post, and is considered to have been delivered once the registered postal tracking shows so.

13.2 If the Contractor receives a Notice of Complaint, the Contractor must send a Notice of Reply to the Client setting out a method for dealing with the complaint within fourteen (14) days of the date the Notice of Complaint was received.

13.3 The Customer hereby allows the Contractor to commence negotiations to find a method of
resolution, If the Customer agrees with the Contractors proposed method of dealing with the
complaint, then the Customer must allow the Contractor to deal with the complaint as agreed.

13.4 If the dispute cannot be resolved through negotiations, then the parties reserve the right to
utilise the appropriate Tribunals, Courts and other statutory bodies to allow a third party to
intervene in resolving the dispute.

13.5 Each party agrees to bear their own costs in the process of dispute resolution unless a
Tribunal, Court or other statutory body makes a determination in respect to costs.

14. PRIVACY

14.1 Any personal information obtained by the Contractor from the Customer will be treated with
confidentiality and will be used solely for the purpose of undertaking the Works and will not be
given to or sold to any third parties without the prior written consent of the Customer.
14.2 The Contractor agrees to abide by any obligations he may have under the Privacy Act 1988 (Cth) or any other statutory provision relating to the use of Customer information and Customer privacy.

15. CAPACITY

15.1 Any persons entering into this Agreement is required to be over the age of eighteen (18) years
old. Where the person requesting Works is under the age of 18, the Agreement must be signed by a parent or guardian. The Contractor has the right to request relevant forms of identification to confirm the age of persons entering into this agreement.

15.2 Where the Customer is an individual who possesses an impaired mental capacity, whether by reason of age, disability, medical condition or other, this Agreement may be entered into on their behalf by their appointed Power of Attorney. The Contractor has the right to request a copy of the relevant documentation relating to the Appointment of Enduring Power of Attorney. The
Contractor has the right to further request relevant forms of identification to confirm the identity
of the appointed persons.

15.3 The Contractor has the right to refuse to enter into any Agreement where there is a reasonable belief that the person requesting the works is not of satisfactory mental competence, or is under any form of undue influence or any other vitiating factor.

16. GOVERNING LAW

These terms and conditions shall be governed by the laws of New South Wales. Any legal
proceedings arising from these terms will be conducted in the appropriate Tribunals and/or Courts of New South Wales.

14.1 Any personal information obtained by the Contractor from the Customer will be treated with
confidentiality and will be used solely for the purpose of undertaking the Works and will not be
given to or sold to any third parties without the prior written consent of the Customer.
14.2 The Contractor agrees to abide by any obligations he may have under the Privacy Act 1988 (Cth) or any other statutory provision relating to the use of Customer information and Customer privacy.