Terms and Conditions

Please read these Terms & Conditions carefully. By using, browsing and reading the Website or instructing the Company to supply Goods & Services, this signifies that you have read, understood and agree to be bound by the Terms & Conditions of this Agreement. If you disagree with the Terms & Conditions of this Agreement, you must cease using the Website or any Services immediately.

Interpretation / Definitions

"Company" means Pipe Doctor Australia Pty Ltd [ACN: 131 294 230]

"Customer" means the other party to the Agreement for services

"Agreement" means an agreement between the Company and Customers for the provision of services. An Agreement will come into existence on the date the customer signs or approves the Authorisation in writing or verbally in accordance with these Terms & Conditions.

"Website" means the company website (www.pipedoctor.com.au)

"Price" means the Price payable for the Goods & Services as detailed in the Authorisation. The Company can adjust the Price in accordance with these Terms & Conditions as necessary.

"Goods & Services" means the goods and services supplied by the Company to the Customer in accordance with the Authorisation.

Authorisation

The Customer must provide sufficient information when submitting a request for services to enable the Company to provide an accurate Authorisation and Price. Any deficiency in the Services caused by inadequate or inaccurate information provided in a request for services will be the Customer's responsibility.

The Company will not be liable for any loss or damage caused due to the Customer's inadequate or inaccurate information.

Amendments of Terms

The Company reserves the right to review, change or modify these Terms & Conditions at its sole discretion. The Company will endeavour to highlight any significant updates to the Customer where possible. Any changes to the Terms will take immediate effect from the date of their publication.

Customer's Responsibility

The Customer will ensure that the Company has clear and adequate uninterrupted access to the site at which the Services will be performed for the duration of the Services. The Company will not be liable for any loss or damage suffered by the client or its property due to clear and adequate access not being provided.

The Customer acknowledges and agrees that any building or construction sites on which the Services are performed will comply with all applicable occupational health and safety laws relating to building and construction sites and any other relevant safety standards or legislation.

The Company is not responsible for removing rubbish or clean-up of the site at which the Services are provided unless agreed upon with the Customer.

If the Customer is to provide goods and services for which the Services are required, then the Customer must have the site ready and goods available at least 24 hours before the Company is required to perform the relevant Services.

Payment

The Company's fees are subject to change without notification to the Customer.

Price is payable in full when the Goods & Services are supplied unless otherwise agreed to with the Company. All goods shall remain the Company's property until full payment is received.

The Customer agrees to pay the total invoice amount upon completion of the works.

In the event of non-payment, the Company may terminate work under this Agreement at its sole discretion. In such event of such termination for non-payment, the Company shall be entitled to all of its expenses incurred, including labour, materials, overheads, and all profits it would have obtained had this Agreement been entirely performed. The Company shall also be entitled to any and all other remedies allowed by law. The Customer agrees to pay the Company all expenses (including legal costs, merchant fees, and commissions) incurred in collecting any outstanding debts due by the Customer to the Company.

No deductions shall be made from any invoice or payment received from the Company for any reason, including but not limited to liquidation damages, penalties or back charges assessed by Customer or third party.

Payment must be made by one of the Company's accepted payment methods at the time payment of the Price is due. If payment is not by cash, then payment will not be deemed to have occurred until the total Price has been cleared and is available for the Company's use.

Labour costs will be charged in 15-minute increments for the whole or part thereof.

The Company's quotations are based on a visual inspection of the site, but the actual extent or nature of the Goods & Services may not become apparent until works commence. The Company reserves the right to vary the quotation once the supply of Goods & Services has commenced.

All quotations provided by the Company are subject to variations as required and are at the discretion of the Company in order to carry out and complete works to Australia & Safety Standards.

In the event of a variation to quoted works, the Company will provide the Customer with an amended quotation, including amended timeframes and additional charges for the Customer to accept.

Unless previously withdrawn, a quotation issued by the Company is open for acceptance for 30 days.

In the event of any changes or variations to the Good and Services or additional work being carried out by the Company, these will be charged according to the Company's rates and shown on the Company's tax invoice.

Where a deposit has been paid to the Company to secure and confirm a job, deposits are non-refundable.

Additional fees and charges shall apply when Goods & Services are supplied outside of regular business hours, being 8:00 am to 4:30 pm Monday to Friday.

The Customer accepts that invoices shall not be itemised.

Refund Policy

The Company is not obligated to provide a refund, and the Company will comply with all applicable laws if the goods are faulty.

Warranty

Warranty for Sanafoam Vaporooter services shall be valid for 12 months (unless otherwise stated) from the application date. Warranty shall only be valid for tree roots in treated drains in the exact location & scope as carried out by the Company.

Warranty for blocked sewers, drainage or stormwater shall be valid for 100 days (unless otherwise stated) from the service date. The warranty only includes work carried out by our operators and does not include products or parts supplied; product warranties apply as per information provided by the manufacturer/supplier.

All warranties will be honoured upon presentation of tax invoice, receipt or other reasonable proof of purchase or supply from the Company.

The Customer will contact the Company as soon as they become aware of a claim of any kind and allow the Company an opportunity to inspect and make good any faults to reasonable standards.

No warranty shall be provided for faults beyond the Company's control, including but not limited to faults caused by the Customer misuse or negligence or pre-existing conditions or work not included/completed in the original location or scope of works carried out by the Company.

Additional charges will be incurred for any site visits required for warranty calls that are found to have no-fault evident or are found not to be covered under warranty.

Copyright and Intellectual Property

The Website, the Services, and all of the Company's related products are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties unless otherwise indicated; all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, as reserved by the Company or its contributors.

All information provided by the Company and its authorised representatives is confidential.

Any plans, drawings, specifications, and estimates given by the Company must not be disclosed to any third party without the Company's written consent or uses by the Customer other than for the purposes of these Terms.

You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Services or third-party Services for any purpose unless otherwise provided by these Terms.

The Company expressly reserves all copyright in all plans, drawings, designs and Services, documents, information, and materials on our Website and reserves the right to take action against any breaches of these Terms.

Trademarks

All trademarks, logos and trade names are owned, registered, and licenced by the Company.

The Company does not grant you any rights whatsoever in relation to the Website or the Services, and the Company expressly reserves all other rights.

Use of these trademarks is strictly prohibited except with our express written consent.

Privacy

The Company is committed to respecting the privacy and confidentiality of the information provided by the Customer and adheres to the Australian Privacy Principles.

The Customer acknowledges that any information collected by the Company is subject to the Company's Privacy Policy, which is available on the Website.

All Customer data is secured against unauthorised use or access, and no credit card information is stored on the Company's servers.

Website Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them), which by law may not be limited to or excluded.

The Company gives no warranty that the documents, goods, or Services will be free of errors, that defects will be corrected or that the Website or server is free from viruses or any other harmful components.

The Company endeavours to have the most accurate, reliable and up-to-date information on the Website and does not warrant or make any representations regarding the use of any document, product, service, link or information on the Website or as to the correctness, suitability, accuracy, reliability or otherwise.

It is the Customer's responsibility and not the Company's responsibility to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties.

Some of the above may not apply to the Customer, but it is the Customer's responsibility to ensure they are aware that the use of the Website and Services are at the Customer's own risk.

Customer Disclaimer

The Customer hereby disclaims any right to withdraw or cancel the contract, sue for damages, or claim restitution arising out of any misrepresentation made to them by any servant or agent of the Company.

The Customer acknowledges that they buy the Company's goods or services, relying upon their own skill and judgment. The Company shall not be bound by nor responsible for any other terms and conditions, representation, or warranty other than the manufacturer's warranty, which shall be personal to the Customer and shall not be transferable to any subsequent Customer.

Indemnity 

The Customer agrees and accepts that the Company is not legally responsible for any loss or damage suffered from or in any way related to the use of this Website or the Services or the information offered on the Website. This includes any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and solicitors fees of every kind and the nature incurred by the Customer or any third parties through the Customer.

The Customer's responsibility is to ensure that any products, services, or information available through the Website meet their specific, personal requirements. The Customer acknowledges that such information and materials may contain inaccuracies or errors. The Company expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

Underground Services

The Customer will indemnify the Company against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services that are buried or unseen being disturbed or damaged. The Company will not be liable for any repair work & any repair work required will be paid at the Customer'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.

 Drains and Sewers

The Customer understands that the presence of plant/tree root growth and blockages may indicate damaged pipes. The Customer agrees that blocked drains, sewer pipes & stormwater lines cannot be permanently fixed by simply removing the "plant/tree root growth" or cleaning the drain.

Should any of the Company's equipment become lodged or damaged in the Customers drain, it will be removed and replaced at the Customers expense (including materials, parts & labour) or monetary compensation for the total replacement of the same or higher quality value and will become payable to the Company after the works.

Restoration

The Company will take care when supplying Goods & Services to minimise any disturbance or damage to surrounding areas, including walls, ceilings, floors, garden beds and paint. Any repairs or restoration required after the supply of Goods & Services is not included in the Company's Price and must be carried out at the Customer's cost.

Electronic Locating

The Company may use Electronic Location Services. Electronic Locating is not always accurate. There are factors involved with this procedure that could interfere with or cause the equipment to generate false readings. Therefore, the Customer shall hold the Company harmless from any claim, loss or damage resulting from this procedure.

Dispute Resolution

If a dispute arises out of or relates to the Terms, then either party must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.

Within 30 days of receipt of a notice of dispute, the parties shall confer at least once to attempt to resolve the dispute. At any such conference, each party shall be represented by a person having the authority to agree to a resolution of the dispute.

Compliance with Laws

The Customer and the Company shall comply with the provisions of all statutes, regulations & bylaws of government, local & other public authorities that may apply to the works.

The Customer shall obtain (at the Customer's expense) all licenses and approvals that may be required for the works (councils or other governing agents) unless specified by the Company.

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

The Company will take out and maintain all insurance it considers appropriate for the supply of Goods and Services and all other insurances by law.

General

The Customer agrees to the Company using their personal information for marketing purposes and gives the Company permission to send out future advertising material.

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

The Company does not accept any responsibility for damage to property during works being carried out.

The Company shall not be held liable for any such delays for work not being completed due to weather conditions, shortage or labour-hire, machinery, or materials outside the Company's direct control.

In the event of a breach of these Terms by the Company, the remedies of the Customers shall be limited to damages.

Under no circumstances shall the Company's liability exceed the Price of Goods & Services.

If any clause or part of these Terms is illegal, unenforceable, or invalid, that clause or part is to be treated as removed from these Terms, but the rest of the Terms and Conditions are not affected.

Governing Law

The laws of Victoria, Australia, govern these Terms. Any disputes, controversy, proceedings or claims of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and according to the laws of Victoria, Australia.

The parties agree to submit themselves to the non-exclusive jurisdiction of the courts of the Victorian Courts and Federal Courts sitting in Victoria, Australia.

Whole Agreement

These Terms represent the whole Agreement between parties. No other term is to be included in this Agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded