1.0 DEFINITIONS

1.1 “Kingflow” shall mean Kingflow Plumbing, or any agents, contractors, and employees hereof.

1.2 “Client” shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from Kingflow.

2.0 PAYMENTS

2.1 The client agrees to make progress payments as requested. Failure to do so will cancel all further works until such time, progress payments are paid. The client agrees to pay the full invoice amount prior to the completion of the works and as requested by Kingflow.

2.2 Credit card & cash payments accepted only. I give permission to Kingflow to carry out transactions over the phone using my credit card details for the value of the invoice amount or as per payment arrangement i.e. deposit or progress payments. 2.3 A credit card transaction fee of 2% applies to all credit card payments.

2.4 Any payments which fall overdue shall incur a late fee of 10% daily until paid in full.

2.5 All quoted works are subject to variations as required & are at the discretion of Kingflow in order to carry out & complete works to Australian & Safety Standards. All variations will incur further fees & charges in addition to the original quoted amount.

2.6 Kingflow fees & charges are subject to change without notification to the client.

2.7 Additional fees & charges shall apply outside of normal business hours 0600 to 1700 Monday to Friday.

2.8 I accept that all invoices shall be provided in categories of labour, materials & GST only. Itemised accounts will not be issued.

3.0 GOODS

3.1 All goods shall remain the property of Kingflow until such time payment is received in full.

4.0 CANCELLATION

4.1 Kingflow may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours written advice.

Kingflow shall not be liable for any loss or damage what-so-ever arising from such cancellation.

4.2 The client must provide Kingflow with at least 5 working days’ notice in writing of any cancellation of works prior to the work starting. Failure to do so will incur 30% payment of the original quoted / invoice amount payable by the client.

4.3 Placing a deposit with Kingflow secures & confirms your job. Where a deposit has been paid to Kingflow, deposits are non-refundable.

5.0 WARRANTY

5.1 Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on exact location & works as carried out by Kingflow. Client must provide original invoice for proof of works.

5.2 All valve & valve type parts as well as any specified items installed by Kingflow must be serviced annually by Kingflow. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.

5.3 The Client shall inspect the goods & works on completion & must report any defects to parts or installation works within 48 hours in writing to Kingflow of any alleged defects, shortage in quantity or damage. The client shall afford Kingflow an opportunity to inspect the alleged damage / defect within 7 working days from date of written notification & give Kingflow the opportunity to make good to Australian & reasonable standards within 14 working days.

5.4 If the clients pampers with or engages the services of another plumbing company to carry out work that is associated with the work completed by Kingflow without notifying Kingflow and/or breaching clause 5.3 shall void all warranty.

5.5 No warranty shall be provided on blocked sewer, drainage, or storm water as set out at clause 10.1

6.0 INTELLECTUAL PROPERTY

6.1 Where Kingflow has designed or drawn Goods for the Client, then the copyright in those designs & drawings shall remain vested in Kingflow & shall only be used by the Client at Kingflow’s discretion & with written consent to do so.

7.0 CLIENTS DISCLAIMER

7.1 The client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of Kingflow & the Client acknowledges that he/she buys the services of Kingflow relying solely upon his/her own skill & judgment & that Kingflow shall not be bound by nor responsible. for any term, condition, representation, or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client & shall not be transferable to any subsequent Client.

8.0 UNDERGROUND SERVICES

8.1 The Client will indemnify Kingflow & keep Kingflow indemnified against any liability, loss, claim, or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged. Kingflow will not be liable for any repair work, and any repair work required will be paid at the Client's expense. Such liability, loss, claims, or proceedings include but are not limited to a) Damage to the property, real or personal; b) Death or personal injury; & c) Consequential or economic loss of any kind.

9.0 ROCK & FILLED GROUND

9.1 Unless specifically included in written quotes &/or estimates, rock excavation, dewatering, or supportive work such as pier & beams for filled or made-up ground will be charged out as a variation to the original price. Quotation is based on excavation of clean soils only, unless otherwise specifically stated in writing.

9.2 Existing soils shall be returned to excavated areas where possible & the ground shall be left filled. Landscaping and concrete works are not included in the quotation unless specified in writing. All concrete, paving, and landscape works, including shrub/plant & lawn replacement, will be treated as a variation as set out in 2.5 of this document.

10.0 DRAINS & SEWER

10.1 The Client understands that the presence of plant/tree root growth &/or blockages generally indicates damaged pipes. Additionally, the Client agrees that blocked drains, sewer pipes & stormwater lines cannot be permanently fixed by simply removing “plant/tree root growth” or cleaning the drain. Therefore, no warranty is provided in relation to future blockages, regardless of the time frame reoccurring whether in the same location or other drainage/sewer lines within the same property. 10.2 The Client acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment that may or may not be used at Kingflow's sole discretion in an attempt to identify the source of the blocked drain. Should CCTV equipment be used, the Client acknowledges that additional charges will be imposed. 10.3 Should any Plumber’s equipment become lodged or damaged in the customer's drain, it will be removed &/or repaired at the Client's expense (includes materials, parts & labor) or monetary compensation to the total replacement of the same or higher quality value will become payable to Kingflow immediately.

11.0 DISPUTE RESOLUTION

11.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying &

providing details of the dispute. Within seven (7) days after the service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.

11.2 At any such conference, each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved, either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration.

11.3 Any arbitration shall be:

11.3(a) Referred to The Consumer Trader & Tenancy Tribunal (CTTT).

12.0 COMPLIANCE WITH LAWS

12.1 The Client & the Contractor shall comply with the provisions of all statutes, regulations & bylaws of government, local & other public authorities that may be

applicable to the works.

12.2 The Client shall obtain (at the expense of the Client) all licenses & approvals that may be required for the works? (Councils or other governing agents).

12.3 The Client agrees that the site will comply with any occupational health & safety laws relating to building/construction sites & any other relevant safety standards or legislation.

13.0 GENERAL

13.1 The client agrees to Kingflow using their personal information for marketing purposes & gives Kingflow permission to send out future

advertising material.

13.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm, or other events beyond the reasonable control of either party.

13.3 Kingflow does not accept any responsibility for damage to property during works being carried out.

13.4 Kingflow shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labor hire, machinery, or

materials outside the direct control of Kingflow.

13.5 In the event of any breach of this contract by Kingflow, the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Kingflow exceed the Price of the Goods.

13.6 Kingflow reserves the right to review & make changes to these terms & conditions at any time.

Kingflow service terms and conditions, if you agree that Kingflow starts the provision of the service, you agree to these terms and conditions and become legally bound. These terms and conditions also form part of the tax invoice issued to the customer from Kingflow.