PETRUCCI PLUMBING – TERMS OF TRADE
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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 site conditions, concealed defects, regulatory requirements or the Customer's conduct; and
(b) expenses incurred by the Supplier in connection with the Goods or Services.
Business Day means a day that is not a Saturday, Sunday or public holiday in Tasmania.
Customer means the person, company or entity requesting or receiving Goods or Services from the Supplier and includes their agents, successors and permitted assigns.
Goods means any goods, materials, fixtures, fittings, equipment or products supplied by the Supplier.
Order means any acceptance of a Quote or instruction by the Customer to proceed with the Goods or Services.
Payment Terms means the payment period stated on the invoice or Quote. If no period is stated, payment is due within seven (7) days of invoice date.
Quote means a written quotation, estimate, proposal or scope of works issued by the Supplier.
Services means all plumbing, drainage, gasfitting, maintenance, repair, installation, inspection, testing, excavation, investigation and associated services provided by the Supplier.
Supplier means Petrucci Services Pty Ltd trading as Petrucci Plumbing and includes its employees, contractors, agents and assigns.
1.2 Interpretation
(a) References to writing include email and electronic communication.
(b) Headings are for convenience only and do not affect interpretation.
(c) Singular includes plural and vice versa.
2. APPLICATION OF TERMS
(a) These Terms apply to all Goods and Services supplied by the Supplier.
(b) Acceptance of a Quote, approval to commence work, payment of a deposit, or engagement of the Supplier constitutes acceptance of these Terms.
(c) Any variation to these Terms must be agreed in writing by the Supplier.
(d) Acceptance may be provided by signing a quotation, approving a quotation electronically, making payment of a deposit, instructing the Supplier to commence work, or otherwise engaging the Supplier to perform the Services.
3. QUOTES
(a) Quotes are valid for thirty (30) days unless otherwise stated.
(b) Quotes are based upon information available at the time of preparation and visible site conditions.
(c) Quotes may be withdrawn or amended prior to acceptance.
(d) Estimated completion dates are indicative only and are not guaranteed.
4. VARIATIONS
(a) Any work outside the quoted scope shall constitute a variation.
(b) Variations may arise due to:
(i) customer requests;
(ii) concealed plumbing defects;
(iii) non-compliant installations;
(iv) hidden services;
(v) excavation requirements;
(vi) structural obstructions;
(vii) asbestos or hazardous materials;
(viii) regulatory requirements.
(c) Variations may be charged at the Supplier's current rates for labour, materials and equipment.
5. DEPOSITS
(a) The Supplier may require a deposit before commencing work.
(b) Deposits are non-refundable once materials have been ordered or work has commenced.
6. INVOICING AND PAYMENT
(a) Invoices may be issued:
(i) before commencement;
(ii) progressively during works;
(iii) upon completion;
(iv) at project milestones.
(b) Payment is due in accordance with the Payment Terms.
(c) The Supplier may suspend works where payment remains outstanding.
(d) Interest may be charged on overdue accounts at 10% per annum calculated daily.
(e) The Customer shall indemnify the Supplier for all debt recovery costs, collection fees, legal costs and expenses incurred in recovering overdue accounts.
(f) Any invoice dispute must be raised within seven (7) days of receipt.
(g) The Supplier may allocate payments received from the Customer against any outstanding invoice at its discretion.
(h) The Customer is not entitled to withhold payment due to any claim, set-off or dispute unless agreed in writing by the Supplier.
7. SERVICE FEES AND CALL-OUTS
(a) The Supplier may charge a service fee or call-out fee in addition to labour and materials.
(b) Such fees may include administration, scheduling, travel, vehicle expenses, fuel and business overheads.
(c) Emergency, after-hours, weekend and public holiday attendances may attract additional charges.
8. SITE ACCESS
(a) The Customer must provide safe and unobstructed access to the work area.
(b) Delays resulting from access restrictions, other trades, weather conditions or site issues may result in additional charges.
(c) The Supplier reserves the right to cease work where unsafe conditions exist.
(d) The Customer warrants that all underground services, structures, easements and known hazards have been disclosed to the Supplier prior to commencement of works.
9. EXISTING CONDITIONS
(a) The Supplier is not responsible for pre-existing defects, deterioration, corrosion, blockages, concealed leaks, hidden services or non-compliant plumbing installations.
(b) Discovery of such conditions may result in additional charges or variations.
(c) The Supplier shall not be liable for damage arising from pre-existing defects.
(d) The Customer acknowledges that reasonable access, investigation and plumbing works may require minor damage to walls, floors, ceilings, concrete, paving, landscaping or other building elements. Such works shall not constitute negligence where reasonably required to complete the Services.
10. CUSTOMER SUPPLIED MATERIALS
(a) The Supplier accepts no responsibility for defects, failures, compatibility issues, incorrect sizing or warranty claims relating to customer-supplied products.
(b) Labour associated with diagnosing, removing, modifying or replacing customer-supplied products shall be chargeable.
(c) No workmanship warranty applies where failure results from customer-supplied products.
11. DRAIN CLEANING AND BLOCKAGES
(a) Drain cleaning, plunging, hydro-jetting and blockage removal services do not guarantee future blockages will not occur.
(b) Tree roots, grease accumulation, damaged pipework, foreign objects and ground movement may cause recurring blockages.
(c) Additional investigation or repair works may be required and charged separately.
12. LEAK DETECTION AND EXCAVATION
(a) Leak detection services involve reasonable efforts to locate faults.
(b) The precise location or cause of underground leaks may not be identifiable without excavation.
(c) Additional excavation, demolition and repair work may be required and charged as a variation.
13. REINSTATEMENT
(a) Unless specifically stated, quotations do not include reinstatement of:
(i) tiles;
(ii) concrete;
(iii) asphalt;
(iv) landscaping;
(v) gardens;
(vi) painting;
(vii) plastering;
(viii) cabinetry;
(ix) flooring.
(b) Reinstatement works requested by the Customer shall be charged separately.
(c) Where the Supplier undertakes temporary reinstatement, such reinstatement is provided on a reasonable endeavours basis only and may not match existing finishes, colours, textures or materials.
14. COMPLIANCE UPGRADES
(a) Existing plumbing systems may not comply with current legislation or standards.
(b) Quotations do not include upgrading unrelated existing installations unless expressly stated.
(c) Compliance upgrades required for lawful completion of works shall be charged as a variation.
15. DELIVERY AND ACCEPTANCE
(a) Risk in Goods passes to the Customer upon delivery or installation.
(b) The Customer must notify the Supplier of any apparent defects within seventy-two (72) hours.
(c) Failure to notify the Supplier of any apparent defects within seventy-two (72) hours shall constitute acceptance of the Goods and Services, subject to any rights available under the Australian Consumer Law.
16. TITLE
(a) Ownership of Goods remains with the Supplier until all monies owing have been paid in full.
(b) The Supplier may enter premises, where lawful, to recover unpaid Goods.
17. SUBCONTRACTORS
(a) The Supplier may engage subcontractors to perform any part of the works.
(b) The Supplier remains responsible for the performance of contracted works.
18. WARRANTIES
(a) The Supplier warrants workmanship for a period of twelve (12) months from practical completion.
(b) This warranty does not cover:
(i) customer supplied products;
(ii) fair wear and tear;
(iii) misuse or neglect;
(iv) third-party interference;
(v) existing plumbing defects;
(vi) recurring blockages;
(vii) lack of maintenance.
(c) Manufacturer warranties shall be passed on where applicable.
(d) Any claim under a workmanship warranty must be notified to the Supplier in writing within seven (7) days of the defect becoming apparent.
(e) The Supplier shall be given reasonable opportunity to inspect and rectify any defect before another contractor is engaged.
19. PHOTOGRAPHY AND RECORDS
(a) The Customer authorises the Supplier to take photographs and records before, during and after the works.
(b) Such records may be used for documentation, compliance, warranty, training, insurance and marketing purposes, provided no personal identifying information is disclosed without consent.
(c) Personal information will not be disclosed except as required by law.
20. CERTIFICATES AND DOCUMENTATION
(a) The Supplier may withhold compliance certificates, reports, warranties and documentation until all invoices are paid in full.
20A. FORCE MAJEURE
(a) The Supplier shall not be liable for any delay or failure to perform its obligations where such delay or failure arises from events beyond its reasonable control including severe weather, natural disasters, industrial disputes, material shortages, transport disruptions, utility failures, government restrictions or acts of third parties.
(b) The Supplier shall be entitled to a reasonable extension of time to complete the works.
21. DEFAULT
(a) The Customer defaults if payment is not made when due or these Terms are breached.
(b) Upon default the Supplier may:
(i) suspend works;
(ii) terminate the agreement;
(iii) recover Goods;
(iv) commence recovery proceedings.
22. CANCELLATIONS
(a) Cancellation of confirmed bookings may attract a cancellation fee.
(b) Special-order materials and non-refundable supplier charges shall remain payable.
23. INSURANCE
(a) The Supplier maintains public liability insurance and workers compensation insurance as required by law.
(b) The Customer is responsible for maintaining insurance over their property and contents.
24. LIMITATION OF LIABILITY
(a) To the maximum extent permitted by law, the Supplier shall not be liable for indirect, special or consequential loss including loss of profit, loss of revenue or business interruption.
(b) The Supplier shall not be liable for delays caused by weather, supply shortages, government actions, utility failures, site conditions or third parties.
(c) The Supplier's total liability shall not exceed the value of the Goods or Services supplied.
(d) Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or any other legislation that cannot lawfully be excluded.
(e) The Customer acknowledges that plumbing systems may contain concealed defects that are not discoverable without destructive investigation and the Supplier shall not be liable for defects that could not reasonably have been identified prior to commencement of works.
25. INDEMNITY
(a) The Customer indemnifies the Supplier against any loss, damage, claim or expense arising from:
(i) inaccurate information supplied by the Customer;
(ii) unsafe site conditions;
(iii) misuse of Goods or Services;
(iv) acts or omissions of the Customer or third parties.
26. TERMINATION
(a) Either party may terminate an agreement by written notice.
(b) Termination does not affect accrued rights or obligations.
(c) All completed work and ordered materials remain payable.
27. DISPUTE RESOLUTION
(a) Parties shall attempt to resolve disputes through good faith negotiations.
(b) If unresolved, the parties agree to participate in mediation before commencing legal proceedings.
(c) This clause does not prevent either party seeking urgent injunctive relief or debt recovery action.
28. GOVERNING LAW
(a) These Terms are governed by the laws of Tasmania.
(b) The parties submit to the jurisdiction of the Courts of Tasmania.
29. GENERAL
(a) If any provision is held invalid, the remaining provisions remain enforceable.
(b) Failure to enforce any provision does not constitute a waiver.
(c) Notices may be provided by email, post or other written communication.
(d) The Supplier may display reasonable site signage during the course of works unless otherwise agreed.
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By accepting a quotation, requesting work to commence, paying a deposit, or engaging Petrucci Plumbing to supply Goods or Services, the Customer acknowledges and agrees to these Terms of Trade.
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Last Updated: 22 June 2026