Petrucci Plumbing – Terms of Trade
1. Definitions and Interpretation
1.1 Definitions
● Additional Charge means: (a) Fees or charges for additional work performed at the
Customer's request or reasonably required as a result of the Customer's conduct,
calculated in accordance with the Supplier's then-current prices; and
(b) Expenses incurred by the Supplier, at the Customer's request or reasonably
required as a result of the Customer's conduct.
● Business Day means a day that is not a Saturday, Sunday, or public holiday in the
place where the Services are principally being carried out or the Goods are provided.
● Customer means the person identified on a Quote or Order as the customer and
includes the Customer’s agents and permitted assigns.
● Goods means any goods supplied by the Supplier, including those supplied in the
course of providing Services.
● Intellectual Property Rights means intellectual property rights protected by statute
or common law, including copyright, trademarks, patents, and registered designs.
● Loss includes costs (including party-to-party legal costs and the Supplier’s legal
costs), expenses, lost profits, award of damages, personal injury, and property
damage.
● Order means a purchase order for Goods or Services placed by a customer in
response to a Quote and as varied in writing from time to time by the parties.
● Payment Terms means the number of days specified in the Quote for payment after
receipt by the Customer of a valid tax invoice issued by the Supplier. If not specified,
payment is due within 7 days.
● Quote means a written description of the Goods or Services to be provided, an
estimate of the Supplier’s charges, and an estimated timeframe for completion.
● Services means the services to be provided by the Supplier to the Customer in
accordance with a Quote and these Terms of Trade.
● Supplier means Petrucci Services PTY LTD trading as Petrucci Plumbing, or the
entity specified as the supplier of Goods or Services in the Quote, and includes the
Supplier’s agents and permitted assigns.
1.2 Interpretation
● A reference to writing includes email and other forms of electronic communication.
● The singular includes the plural and vice versa.
● Headings are for ease of reference only and do not affect interpretation.
2. General
(a) These terms apply to all transactions between the Customer and the Supplier. (b) Any
variation or waiver must be in writing and signed by both parties. (c) The Supplier may
amend a Quote before the Order is completed.
3. Quotes
(a) Quotes are valid for 30 days from the date of issue. (b) Prices are subject to change
based on material costs and other factors. (c) Work will not commence until the Quote has
been accepted by the Customer.
4. Variations
(a) Any variations must be agreed upon in writing. (b) The Supplier reserves the right to
revise the Quote for additional work requested by the Customer.
5. Invoicing and Payment
(a) Invoices may be issued: (i) Prior to commencing work; (ii) Weekly before the Order is
completed; (iii) Upon completion of the work. (b) The Customer must pay within the Payment
Terms stated in the invoice. (c) Overdue invoices may result in suspension of work and
additional charges, including interest of 10% per annum on overdue amounts. (d) The
Supplier may recover collection costs, including legal fees, for unpaid invoices. (e) The
Supplier reserves the right to require a deposit before commencing work. (f) Any disputes
regarding invoices must be raised within 7 days of receipt.
6. Additional Charges
(a) Additional charges may apply for changes requested by the Customer, delays caused by
the Customer, or government fees not included in the Quote. (b) The Customer may also be
charged for: (i) Emergency call-outs and after-hours service; (ii) Unforeseen site conditions
requiring additional work; (iii) Special-order materials or equipment.
7. Acceptance of Goods and Services
(a) The Customer must notify the Supplier of any faults within 72 hours of delivery;
otherwise, the Goods and Services will be deemed accepted. (b) The Supplier will
endeavour to rectify any issues within a reasonable timeframe, subject to availability of
materials and labor.
8. Title and Risk
(a) Risk in the Goods passes to the Customer upon delivery. (b) Ownership of Goods
remains with the Supplier until full payment is received. (c) The Supplier reserves the right to
reclaim any unpaid Goods.
9. Intellectual Property Rights
(a) The Supplier retains all intellectual property rights in any works created. (b) The
Customer is granted a non-exclusive license to use the works upon full payment. (c) The
Customer must not reproduce, copy, or modify the Supplier’s intellectual property without
consent.
10. Agency and Assignment
(a) The Supplier may engage subcontractors. (b) The Customer may not assign rights under
these terms without the Supplier’s written consent.
11. Default by Customer
(a) Default occurs if the Customer fails to make payments, breaches these terms, or enters
insolvency. (b) The Supplier may terminate the agreement, suspend services, and recover
Goods not paid for.
12. Termination
(a) Either party may terminate with 30 days’ written notice. (b) Termination does not remove
the obligation to pay outstanding amounts owed to the Supplier.
13. Limitation of Liability
(a) The Supplier is not liable for indirect or consequential loss. (b) The Customer
acknowledges that Goods and Services are not for personal, domestic, or household use. (c)
The Supplier is not responsible for delays caused by third parties, weather conditions, or
unforeseen events.
14. Indemnity
(a) The Customer indemnifies the Supplier against any losses arising from their use of the
Goods or Services. (b) This includes damages arising from improper use, negligence, or
failure to follow instructions.
15. Warranties and Guarantees
(a) The Supplier warrants that all work performed will meet Australian plumbing industry
standards. (b) Any manufacturer warranties on materials will be passed on to the Customer.
(c) The Supplier is not responsible for faults caused by misuse, neglect, or third-party
modifications.
16. Site Access and Safety
(a) The Customer must provide safe and timely access to the worksite. (b) The Supplier is
not responsible for delays caused by access restrictions or hazardous conditions.
17. Cancellation Policy
(a) If the Customer cancels a confirmed job, a cancellation fee may apply. (b) Rescheduling
may be subject to availability and additional costs.
18. Insurance
(a) The Supplier carries public liability insurance and workers’ compensation as required by
law. (b) The Customer is responsible for ensuring their property is insured during the work.
19. Dispute Resolution
(a) Parties must attempt to resolve disputes through mediation before initiating legal
proceedings. (b) If mediation fails, disputes will be resolved under the jurisdiction of
Tasmania.
20. Miscellaneous
(a) These terms are governed by the laws of Tasmania. (b) The Supplier has the right to
erect signage on-site during the work period. (c) If any provision of these terms is deemed
invalid, the remainder of the terms remain in effect. (d) Notices and communications must be sent in writing via email or mail.
By engaging Petrucci Plumbing for services, the Customer agrees to these Terms of Trade.
For any questions, feel free to contact us at 0478 174 875.