Terms And Conditions


1. Interpretation

1.1 In these terms and conditions:
(a) “Company” means the entity stated in the Application for Credit and any related body corporate as defined in the Corporations Act 2001 (Cth) and its successors and assigns.
(b) “Customer” means the entity stated in the Application, its successors and assigns.
(c) "Goods” means goods (as that term is defined under the PPSA) supplied to the Customer (and where the context so permits includes Services).
(d) "Governing State" means the State or Territory where the Company has its principal place of business.
(e) “PPSA” means the Personal Property Securities Act 2009 (Cth).
(f) “ROT security interest” means a retention of title security interest under a “conditional contract” as defined under the PPSA.
(g) “Services” means all services supplied to the Customer and includes any advice or recommendations, intellectual or intangible property under the PPSA (and where the context so permits includes any supply of Goods).

2. Delivery and Risk

2.1 Should the Company elect to post any Goods or organise delivery of Goods, the Customer’s risk of loss or damage to such Goods passes to the Customer on the date and at the time that the Goods were ordered, and it is the Customer’s responsibility to ensure these Goods are insured and covered for their time in transit.
2.2 The Company will not be responsible for non-delivery or delay in delivery of any Goods and where such non-delivery or delay occurs the Company may deliver the Goods not delivered or delayed at any subsequent time and the Customer must accept and pay for them.
2.3 The Customer is not entitled to any compensation from the Company of any nature for any loss, damage or delay.
2.4 Except to the extent required by law, the Customer will not be entitled to return any Goods and the Company will not be obliged to accept the return of any Goods whatsoever.

3. Title

3.1 Until all monies and obligations owing by the Customer to the Company have been paid and discharged in full, the Company shall retain all legal and beneficial title in all Goods.
3.2 If Goods to which legal title has not passed to the Customer are in the possession of the Customer, the Customer is under an obligation to:
(a) retain them in a good and merchantable condition until they are either paid for or collected by the Company; and
(b) allow the Company, its servants or agents onto the premises where they are stored for the purpose of inspecting and collecting the Goods.
3.3 In relation to Goods for which payment in full has not been received:
(a) The relationship between the Customer and the Company shall be fiduciary;
(b) The Customer will hold those Goods as bailee for the Company;
(c) Where the Customer sells those Goods, the Customer does so as fiduciary agent of the Company;
(d) Where the Goods are disposed of, the monies resulting from the disposal and all other proceeds received in respect of the Goods, including insurance proceeds will be kept separately in trust for the Company;
(e) Where the Goods are disposed of, the Customer may only dispose of the Goods in the ordinary course of its business on commercially reasonable terms;
(f) The Customer undertakes that until it delivers the Goods to a third party, it will store the Goods on its premises separately from its own Goods, or those of any other person, and in a manner which makes the Goods readily identifiable as the Company’s Goods.

4. Access

4.1 The Customer irrevocably permits the Company or any person authorised by the Company in writing, upon giving reasonable notice to enter the Customer’s premises or at premises where the Goods are reasonably believed by the Company to be held on the Customer’s behalf for the purpose of examining or recovering the Goods. The Customer also agrees to indemnify and hold the Company harmless for reasonable costs of removal, enforcement, and legal action in respect of the removal of any Goods, the subject of this Agreement.
4.2 Where access is restricted defined as less the 1m wide clear, level access and/or includes items that require removal, relocation to access the work site a charge of $140 per hour in 15 minute intervals and any machinery costs at cost plus 15% will be added to your invoice. By accepting the quote you agree the company is not liable to any costs associated with repairing/ reinstating removed items/fixtures or appliances. Items generally associated to access issues but not limited to are screens, awnings, planters, air conditioners, water tanks, steep driveways or land, stairs, rocks, retaining walls. Where a system is unable to be safely and easily transported to its location via a trolley by a single person is classed as an access issue.

5. Transactions contemplated by this Agreement

5.1 The Company’s tender of delivery of Goods and Services under this Agreement is a condition of the Customer’s duty to accept the Goods or Services provided and, unless otherwise agreed, the Customer’s duty to pay for them.

6. Disputes

6.1 If the Customer disputes any Goods sold or Services supplied by the Company are faulty, defective or disputes the Invoices the Company has issued, the Customer must notify their reasons in writing to the Company within 14 days of the Invoice date, failing which the Customer loses any right to dispute the quality of the Goods, Services or value.

7. Whole Agreement

7.1 These terms and conditions together with the Application embody the whole agreement between the parties and all previous dealings, representations and arrangements are hereby excluded and cancelled.

8. Payment

8.1 The Customer agrees to pay all amounts due in clear funds from the date of invoice for the Goods and/or Services provided by the Company.
8.2 The Customer agrees that if it fails to pay in accordance with this clause, the Company may:
(a) Charge a late payment fee of $50.00 on all amounts paid after the due date;
(b) Charge interest on debts at 15% per annum from time to time;
(c) Charge a dishonour handling fee in the amount of $25.00;
(d) Withhold supply;
(e) Sue for the money owing on the Goods or Services provided;
(f) Take steps to secure monies owing and enforce such security;
(g) Recover all collection and legal costs and expenses incurred in collecting overdue accounts and/or enforcing security interests on an indemnity basis.
8.3 Failure to comply with clause 8.1 will constitute a breach of contract and the Company may treat the whole Agreement as repudiated and act accordingly.
8.4 In the event this agreement has been entered into by more than one party each party shall be jointly and severely liable for any amount due.
8.5 We only accept the following payment methods. All payments unless advised in writing are to be made through our online payment portal. Any associated discounts for paying via the portal will be removed when paying by any other matter.
a) Accepted Methods - Visa, Visa Debit, Master Card, Mastercard Debit
b) With prior approval in writing and removal portal discounts - OpenPay, ZipPay, Humm, Cash, EFT

9. Default

9.1 If the Customer:
(a) Fails to pay for any Goods or Services on the due date; or
(b) Otherwise breached this agreement and failed to rectify such breach within seven day’s notice; or
(c) Cancels delivery of Goods or Services; or
(d) Commits an act of bankruptcy or allows a trustee in bankruptcy or receiver and manager to be appointed to the Customer or any of its property; or
(e) Allow a judgment or order to be enforced or become enforceable against the Customer’s property.
-then the Company may enter upon the Customer’s premises (doing all that is necessary to gain access) where Goods supplied under this contract are situated at any time and re-take possession of any or all of the Goods the Company has supplied to the Customer and:
(i) Resell the Goods concerned;
(ii) Terminate the agreement; and
(iii) Sue for any monies owing.
9.2 The Customer will be in default if the Customer does not pay any monies payable when called upon so to do and the Customer acknowledges and agrees that the Company is authorised to contact a credit reporting agency throughout the term of the Agreement to obtain a report about the creditworthiness of the Customer.
9.3 The Customer authorises the Company to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.
9.4 The Company reserves the right to report a Customer's delinquent account to a credit reporting agency should payment remain outstanding for more than 30 days.
9.5 The Company may refer any outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Customer acknowledges and agrees to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day the Company refers the matter to their nominated debt collection agency. The Customer shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own Customer or indemnity cost basis.

10. Security Interest

10.1 The Customer consents to registration of the security interests arising in favour of the Company as a result of these conditions and lodgment of a financing statement in respect of the security interests with the Personal Property Securities Register, and must do everything (including obtaining consents, signing and producing documents, completing documents or procuring that they are completed, and supplying information) which the Company considers necessary or desirable for the purposes of the PPSA including, without limitation:
(a) ensuring that the security interests are registered, enforceable, continuously perfected and otherwise effective in accordance with the PPSA;
(b) enabling the Company to apply for any registration, or give any notification, in connection with the security interests; and
(c) enabling the Company to exercise rights in connection with the security interests in accordance with the PPSA.

11. Existing Agreements and security interests - Transitional and Non-transitional PPSA security interests

11.1 Where the Customer has previously entered into an agreement with the Company for the supply of Goods on credit (Existing Agreement):
(a) Upon any order being made by the Customer for the supply of Goods after the first provision of this document to the Customer.
(i) these Terms shall apply to such supply and any subsequent supply of Goods.
(ii) any security interest (including any ROT security interest) granted by the Customer under an Existing Agreement shall immediately vest in the Company.
11.2 Any order made by the Customer shall not constitute a new security agreement as between the parties, but only further performance of these Terms unless expressly excluded in writing signed by the Company.
11.3 This Agreement will not act as a merger of their rights but that the terms contained under such Existing Agreement will be amended by the terms contained herein to the extent of any inconsistency.

12. Creation of Charge

12.1 As further and alternative security for the obligations owing to the Company, the Customer hereby grants a charge in favour of the Company over all of its rights title and interest in all of its present and after acquired property, including real property owned by the Customer beneficially or otherwise from time to time, and consents to a caveat or other registrable interest being lodged with the relevant government department in respect of such charge. For the purposes of section 20(1) and (2) PPSA, the Customer states that the charge is in all of the Customer's present and after acquired property (whether owned beneficially or otherwise) from time to time.

13. Contracting out

13.1 Where these Terms are inconsistent with the PPSA, the Australian Competition and Consumers Act 2009 (Cth) or any other legislation, to the extent permitted by law the parties are deemed to have expressly excluded and replaced those statutory provisions.
13.2 The Company and the Customer contract out of the provisions of sections 95, 96, 117, 118, 121(4), 130, 132(3)(d), 132(4), 142 and 143 of the PPSA and nothing in those provisions will apply to this Agreement.
13.3 The Company and the Customer acknowledge the Customer is a grantor and the Company is or will become the holder of a Purchase Money Security Interest (PMSI) by virtue of this Agreement and/or the PPSA.
13.4 The Customer hereby consents to and appoints the Company to be an interested person and their authorized representative for the purposes of section 275(9) PPSA.
13.5 The benefit of this contract and the security interest/s created hereunder may be assigned by the Company, but not by the Customer.

14. Appointment

14.1 The Customer appoints and authorizes the Company any director, officer or solicitor of the Company time to time as its attorney to execute and deliver in its name:
(a) such form of security interest, charge or mortgage as the Company may reasonably require to better secure any charge granted under these conditions; and
(b) any financing statement, consent form, security document or other document whatsoever for the purpose of:
(i) registering any caveat or other registrable interest in respect of the charge or any security interest whatsoever granted under these conditions; or
(ii) otherwise perfecting and enforcing the security interest.

15. Right to vary terms and conditions and contract/quote pricing

15.1 These terms and conditions shall govern all transactions between the parties.
15.2 The Customer and the Company agree that the terms of this Contract may be altered unilaterally by the Company giving 14 days’ written notice to the Customer. Clerical errors are subject to correction without notification.
15.3 The Contractor shall be entitled to claim an increase to the contract sum if the Contractor can demonstrate to the Principal by written evidence (described in paragraphs (g) and (h) below) that it has necessarily and unavoidably suffered increased costs of the Selected Trades and Materials greater than that which it allowed for in the contract sum, as a direct consequence of changes in economic or market conditions outside the control of the Contractor having regard to the steps a competent contractor in the position of the Contractor would take in respect to mitigating additional costs.
15.3.1 Prices listed are subject to alteration without notice to the purchaser between the date of listing and the date or dates of delivery. All goods will be charged for at the prices ruling at the date or dates of delivery.
15.4.2 Where the Contract or Works exceeds a period of three (3) months (from issue of order or execution of the Contract to payment of the Contract Price by the Client) and where changes in prime material costs during this period can be substantiated and exceed 4%, the change in material costs shall be claimed as a variation at a rate of cost plus 10%.
15.4.3 Notwithstanding any provisions of the agreement to complete the Works any increase in the costs of supplying the Goods during the life of the project, as a direct or in-direct result of the introduction or increase in an Local State, or Federal Government charges or taxes imposed after the date of the agreement will be fully due and payable by the Client.

16. Set-off

16.1 The Customer agrees that:
(a) The Company may set-off any credit amount that the Company owes to the Customer against any debt due by the Customer to
the Company at the Company’s sole discretion and without notice;
(b) The Customer is not entitled to withhold payment of any money in respect of any alleged set-off or claim the Customer might have against the Company.

17. Limitation of Liability

17.1 Except to the extent required by law, all Goods are purchased by the Customer “as is” and the Company will not be responsible for any damage or defect to the Goods.
17.2 Subject to any conditions and warranties mandatorily implied by law and to any conditions and warranties expressly contained herein, all conditions, warranties and representations on the part of the Company, whether express or implied, are hereby expressly excluded.
17.3 Subject to any legislation or express agreement to the contrary, the Customer acknowledges that it does not rely on the skill and judgment of the Company, its employees, agents or contractors in determining whether the Goods to be supplied are fit for any particular purpose and the Customer further acknowledges that any advice with respect to the use of Goods is given on the basis that the Company assumes no obligation or liability for advice given or results obtained, all such advice being given and accepted by the Customer is at the Customer’s risk.
17.4 To the extent permitted by law, the Customer has responsibility for ensuring that the Goods are not used for any purpose for which they are not suitable and warrants and represents that it has had adequate opportunity to inspect the Goods and obtain independent expert advice.
17.5 To the extent that any warranty as to purpose or merchantable quality is implied by law and the Company is liable, the parties agree that the sole and exclusive remedy of the Customer will be to return the Goods and obtain a refund or at the Company's election for the Company to repair or replace the Goods as soon as reasonably practical.
17.6 To the extent permitted by law, in relation to services, the Company's liability is limited to supplying the services again or payment of the cost of having the services supplied again.
17.7 To the extent permitted by law, under no circumstances shall the Company be liable for any direct or indirect loss (including without limitation loss of profit) or damage whether special or consequential however arising (including as a result of negligence) except for any loss or damage (excluding loss of profit and special or consequential damage) suffered by the Customer as a direct result of a failure by the Company to perform their contractual obligations.

18. Severance and Waiver

18.1 If any provision of these Terms will be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.

19. Jurisdiction and Notices

19.1 The agreement shall be deemed to have been made in the Governing State and shall be interpreted in accordance with the laws of the Governing State, Australia, and the parties submit to the non-exclusive jurisdiction of that State's Courts, except to the extent that the laws of the Commonwealth of Australia apply.
19.2 That in addition to any other means permitted by law, any documents, notifications or court proceedings may be given or served upon the Customer, its successors and permitted assignees in the same manner as any notice or document may be given under Part 8.5 of the PPSA and will be deemed so given or served.

20. Privacy

20. I/We acknowledge, accept, consent and warrant that I/ we have obtained the consent of any person whose personal information appears herein (if any) to the use of information in accordance with the provisions of these terms.
20.2 The Company may use personal information contained in the application to obtain credit reports containing consumer credit information and/or commercial credit information about the Applicant from credit reporting agencies.
20.3 The Company may use such personal information and any information disclosed by credit reporting agencies, in accordance with the Privacy Act 1988 (Cth), in assessing or enforcing the credit application including with respect to delinquent accounts and in accordance with the Company's privacy policy, as amended. Personal information may be disclosed to or between the Company's related companies, contractors, other credit providers, finance providers, service providers and the Company's risk insurers and debt collectors. The Company hereby gives notice in accordance with Section 18E(8)(c) of the Privacy Act that any personal information which is permitted to be kept on a credit information file might be disclosed to credit reporting agencies now or in the future. Upon request, any person may gain access to his/her personal information.––

21. Booking Cancellations

20.1 The customer agrees the pay the following cancellation fees where the job is cancelled by the customer or a person representing on their behalf the amount of
a) 20% of the order cost associated to returning and restocking items and
b) for cancellations over 5 business days no charge or/
c) for cancellations between 1 and 5 business days $120 or/
d) for cancellations within 24hours of scheduled installation $200

22. STC (Small Scale Technology Certificates)

22.1 Upon purchasing a solar or heat pump system you agree the sale price is discounted the system STC value and agree to transfer all STC rebates to "JR Gas & Water" as part payment at completion of system where the installation is completed by JR Gas & Water or our contractor, supplied only by "JR Gas & Water" or installed your owned engaged installer.
22.2 Where you engage your own installer, and they are not accredited for installation of a solar or heat pump system you agree to pay the balance of the unit STC value x $40ea (Wholesale STC Price) to JR Gas & Water within 5 business days.
22.3 Where the system is supplied only and installation is not complete within 14 days of delivery you also agree to pay the balance of the unit STC value x $40ea within 5 business days.

23. Gas Fitting

23.1 Any gas work needs to be brought up to AS5601 standard, any defects will be brought to your attention prior to commencement. Any LPG gas bottle regulator set over 10years old will need to be replaced at a cost of $200+gst installed for a 200mj Manual changeover regulator and $250+gst installed for a 400mj Automatic changeover. Any gas bottles without restraints will need a chain set costing $40+gst installed. Any existing system gas leaks will be quoted to locate and repair prior.
23.2 Gas Installation clearances must comply with the following http://www.jrgasandwater.com.au/gas-installation-clearances.html

24. Rock Mitigation

24.1 In the event the company encounters a subsoil rock formation which (1) prevents penetration with standard excavating equipment, and which (2) requires pulverizing or blasting or construction modifications, then client will be responsible for the cost of removing such rock and/or for the cost of such construction modifications over and above the contract price specified herein. Rate for rock mitigation will be charged at the following rates of either
a) 1-2 tonne machinery $200+gst per hour + machinery float where applicable or/
b) 3-5 tonne machinery $250+gst per hour + machinery float where applicable or/
c) 6+ tonne machinery $300+gst per hour + machinery float where applicable

25. Painting

25.1 We do not as standard paint any pipes, fittings or fixtures. Any items you request we paint will be charged at $350inc gst per 0.5m2 and per colour with a 1 colour 0.5m2 minimum.

26. Water heater specific conditions

26.1 Existing Gas Installations - All customer supplied gas appliances need visible model, serial and gas approval numbers to be installed. Any existing gas installations not upto AS5601 standards will need to be resolved at the owners expense. We will quote the work needed to remedy the issue prior to starting the project. Gas chains are now a requirement for all LPG gas installations over 9kg and will need to be installed for $40+gst for any systems without.
26.2 New Gas Installations - Gas appliance replacements are quoted on the appliance going in the same position unless relocation is included in the quote. If the current installation does not meet current AS5601 standards the appliance will need to be relocated at the owners expense. Note relocation can effect gas pipe size and pressure.
26.3 Electric Installations - Electric water heater replacements are quoted to be installed in the same position unless otherwise specified. Quote does not include extension of the power cable to fit the new unit if need be. Generally 1m of excess cable from the wall is needed to connect to most new systems. Any power faults will need to be resolved at the owners expense and the water heater will be left disconnected. Water heater price is for installation in outdoor location, on the ground floor with no stairs and with no alterations for electrical supply length unless specified otherwise in writing.
26.4 Internal Installations - All internal installations need to be installed in such a way as any water leakage does not cause property damage. This means all internal installations must either have an existing drain in the floor of the installed room + floor must fall towards that drain. If no drain is installed we will need to supply a safe tray (to catch any leaking water) and a mildred valve (shuts off water supply with water detected in the tray) to bring up the installation to AS3500 standards. Cost of new valve, base and tray supplied and fitted is additional $399inc gst. Note we do not carry valves or trays and you must advise when making booking.
26.5 Support Bases - All installations will require an approved support base. Most systems will be installed on an adequate base and a new one will not be required. A support base externally must not be wood, fibro, bricks or plastic pieces. A concrete base must be rippled, or if flat have an approved spacer (pizza base) between the concrete and the unit. A flat base is suitable for a non-metalic based unit.
26.6 Storage System Regulations - Tempering valves and approved drain discharge points are mandatory requirements in Queensland for all hot water installations that are connected to either a bath, shower or basin. We will not illegally install a system without a tempering valve. Tempering valves are factory preset to 50deg. Approved drain discharge points include sewer, stormwater and rubble pits.
26.7 Compliant installations for storage units - Where a compliant base and drain lines are not available silver inclusions will not be compatible. A base rate install must include a compliant base, tempering valve, Insulated pipework and valves and drain lines run to approved discharge point.

27. Cooking Equipment

27.1 Existing Installations - All customer supplied gas appliances need visible model, serial and gas approval numbers to be installed. Any existing gas installations not upto AS5601 standards will need to be resolved at the owner’s expense. We will quote the work needed to remedy the issue prior to starting the project. Gas chains are now a requirement for all LPG gas installations over 9kg and will need to be installed for $40+gst for any systems without.
27.2 New Installations - We can convert gas stoves from LPG to NG or vice versa with the stove supplied conversion kits. Standard conversion and commissioning is included for all top mounted injectors. Any stove where the injectors are internal the unit will cost an additional $80inc gst to be converted. Gas appliance replacements are quoted on the appliance going in the same position with no bench modifications unless relocation is included in the quote.
27.3 Regulations - If the current installation does not meet current AS5601 standards the appliance will need to be relocated at the owners expense. Note relocation can affect gas pipe size and pressure.

28. Warranty

28.1 1. Workmanship - Seven year workmanship warranty on all work excluding BRONZE or BASE rate hot water installations which have a 1yr warranty on workmanship. Gold and Platinum installations come with a 10 year workmanship warranty. Workmanship is all work we have completed and does not include product defaults or failures.
28.2 Lodging warranty claims – By approving this quote or completing order you agree all product related warranty claims are to be lodged by the client directly with the manufacturer through the following
a) For Rheem/Vulcan/Everhot/Aquamax – Phone 131031 or https://rheem.com.au/rheem/help/warranties
b) For Rinnai - https://www.rinnai.com.au/support-resources/online-service-booking/
c) For Stiebel Eltron – Phone 1800153351 or https://www.stiebel-eltron.com.au/service-enquiry
d) For Enviroheat/Envirosun – Phone 1300046893 or Email info@envirosun.com.au
e) For AVG Valves – Phone (07) 3801 8384 or Our Customer Support Team is Ready to Help | Watts (wattsau.com.au)
f) For Dux - 1300 365 115 or email duxaftersales@dux.com.au
g) For Thermann - Directly through your local Reece Plumbing Supply store

29. Photos

29.1 Please advise if you DO NOT want us to take pictures of our work. We use photos for promoting recent work and as a visual reference for any work/issues on the future. Any photos we take and use will generally be of the work and no identifying features of your property will be used. Photos will generally be uploaded directly to our Social Media accounts and possibly website. Please advise in writing when accepting quote if you have any issues regarding photos.
29.2 Photos may also be taken of the work site prior to work commencing work
29.3 Photos of any defective gas installations will be taken and forwarded to the property owner, service provider and network operator along with any corresponding gas compliance certificate.