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Terms and Conditions (Trade)

Applicability & Interpretation

    1. These terms and conditions supersede any contrary terms of the customer and apply to all and any agreements for the provisions of Services and Goods by the Seller.
    2. The Seller retains the right to revise these Terms and Conditions, its policies and notices at its discretion. The Customer will be bound by the most current versionof this document.
    3. Within these Terms and Conditions and any Contract to which this document applies, unless required by the context:
      1. words importing the singular include the plural and vice versa;
      2. a reference to:
        1. a person includes a government entity, a corporation, and political bodies;
        2. a statue, code, ordinance, or other law includes regulations, amendments, consolidations, re-enactments or replacements;
      3. where multiple Customers have entered into this Contract, each Customer shall be jointly and severally liable for all payments.
  2. Definitions
    1. “Australian Consumer Law” refers to Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth) as well as any other consumer protection legislation applying in Australia;
      “Contract” refers to this contract for the sale by the Seller of Services or Goods to the Customer.
    2. “Customer” means the person who places an Order for the Goods or Services from the Seller including any partyrepresenting the Customer.
    3. “Goods” means goods and products supplied to the Customer by the Seller and includes the supply of Services to the Customer by the Seller.
    4. “GST” retains the definitions given it in the “GST Act”(Goods and Services Tax) Act 1999 (Cth);
    5. “Liability” means any and all liability including any liability for loss and damages, liquidated damages, loss of profit or revenue, economic or indirect and consequential loss.
    6. “Order” means any order for the purchase or supply of Goods or Services placed with the Sellerby the Customer.
    7. “PPSA” refers to the Personal Properties Security Act 2009 (Cth).
    8. “Price” means the agreed cost of the Goods between the Seller and the Customer.
    9. “Quote” means the estimated Price given to the Customer by the Seller for supplying Goods or Services.
    10. “Seller” means Unblock My Drains Ltd trading as ‘Unblock My Drains’.
    11. “Services” means all services supplied to the Customer by the Seller including advice or recommendations.
  3. Acceptance
    1. Accepting a Quote and placing an Order constitutes irrevocable and unqualified acceptance by the Purchaser of these Terms and Conditions.
    2. The Seller shall have no contractual obligation before accepting an Order from the Customer for Services and Goods in excess of $20,000.00
    3. If the Price for the Services and Goods is in excess of $20,000.00 the Customer has the right to rescind the Contract within five (5) business days of the date of placement of the Order (the Cooling Off Period). In such case, the Customer acknowledges and agrees that the Seller may retain from the deposit;
      1. the cost of any Services and Goods already completed by the Seller; and
      2. the cost of any administration time, disbursements, permits and planning expenses.
    4. In accordance with this clause 3, If the amount due to the Seller by the Customer to the Seller:
      1. exceeds the amount of the deposit the Customer must pay the outstanding balance to the Seller within seven (7) days of receipt of written notice of the amount due;
      2. is less than the deposit the Seller must refund the surplus balance to the Customer within seven (7) days of the Seller calculating the amount due.
  4. Goods and Services
    1. The Services and Goods are those described by the Seller in the Quote and Order.
    2. The Services and Goods supplied by the Seller shall comply with:
      1. the Building Code of Australia, under the Environmental Planning and Assessment Act 1979;
      2. all other relevant codes, development consent specifications, standards and specifications with which the work mustlegally comply;
    3. The Seller will not be liable for any liability, loss or damage to the Customer for any failure to comply with the terms of clause 4.2 where:
      1. the design or specification is not prepared by the Seller; or
      2. the Seller has advised the Customer in writing that the design or specification fails to comply with the requirements set out in clause 4.2 or with section 18B of the Home Building Act 1989.
  5. Price & Payment
    1. The Price payable by the Customer for the Services and Goods shall be the Price specified in the Order provided that theCustomer accepts the Seller’s Quote within thirty (30) days of the date on the Quote. If the Quote is not accepted within thirty (30) daysor if the commencement of the provision of Services and Goodsis delayed by the Customer, the Seller may alter the price according to the Seller’s current Price list.
    2. The Customer shall make Payment:
      1. by cash, cheque, bank cheque, credit card, direct credit, or by any other method agreed prior by the Seller;
      2. at the time of placing the Order or on the commencement date of delivery of Services or Goods; or
      3. as per an agreed schedule of instalments or progress payments at the time each instalment or payment is due.
    3. The Customer agrees that the Seller may cease work or refuse to deliver Goods where the Customer has failed to pay the Price, instalment or progress payment by the due date. Payment constitutes the receipt of clear funds into the Seller’s bank account or when cheques have cleared.
    4. Any variation from the plan of scheduled works, not reasonably anticipated by the Seller will be charged as a variation (Variation):
      1. the Seller will supply the Customer with a Quote for the Variation before commencing the Variation and the Customer must accept or reject the Variation within five (5) days of receiving the Variation request;
      2. If the Customer fails to accept the Variation within the five (5) day period the Seller has no obligation to perform the Variation. On accepting the Variation the Customer must pay for the Variation costs on the date of the next scheduled payment;
    5. If a failure by the Customer to authorise the Variation prevents the Seller from reasonably proceeding with the Services, The Seller retains the right to terminate this Contract, without liability to the Customer;
    6. In theevent that the Seller is required to carry out emergency works to prevent injury to persons or damage to property, the Sellershall not be required to provide a Quote and the Customer shall be liable to pay the reasonable costs and expenses incurred by such works.
    7. At the Seller’s sole discretion a deposit may be required, the amount or percentage of the Price will be agreed at the time of the order of Services and Goods and shall become due prior to the commencement of works. Any deposit paid by the customer on acceptance of the Order is non-refundable in the case of the Customer cancelling the work.
    8. If the Customer fails to pay the Price when due in accordance with this clause 5, the Seller has the right to:
      1. treat the Contract as repudiated;
      2. suspend the Delivery of Services and Goods without incurring any liability to the Customer; and
      3. should the Customer fail to pay the Price when due, the Customer must pay interest on the outstanding amount to the Seller at a rate of 2.5% per month compounding monthly from the due date until the date of actual payment.
    9. The Customer may not make any deduction from the Price unless agreed in advance in writing by the Seller.
    10. The Customer must reimburse the Seller for any reasonable expenses and costs incurred by the Seller in recovering outstanding monies owed by the Customer to the Seller.
    11. If the Customer requests a report for the Services carried out by the Seller in addition to the standard invoice and work descriptions, the Seller may charge an appropriate hourly rate for preparing and submitting this report. The Seller may request payment in advance for these services.
  6. Delivery of Goods & Services
    1. Delivery of Services and Goods shall be made to the nominated Customer address specified in the Order.
    2. It is the customer’s responsibility to:
      1. obtain all consents and make all necessary arrangements to facilitatethe Seller’s access to the sitewhere the Services and Goods are to be performed and delivered;
      2. inform the Seller of any issue or matter which might affect the Seller in performance or delivery of services and goods; and
      3. provide safe and reasonable access to the site where the Services and Goods are to be performed and delivered;
    3. Facilitate the performance and deliveryof Services and Goods during normal business hours.
    4. Dates and times proposed or accepted by the Seller for performance and delivery of services and goodsare estimates only.
    5. The Seller is not liable for the consequences of any delay outside of the Seller’s reasonable control.
    6. The Customer may not cancel the Contract for any delay by the Seller perform and deliver services and goods.
    7. Unless stated otherwise in writing, the Seller may make partial delivery of Services or Goods in any amounts determined by the Seller, and these Terms and Conditions apply to any instalment or partial delivery.
    8. The Seller may cancel the delivery of Services or Goods without liability by giving notice in writing to the Customer at any time prior to the delivery of Goods.
  7. Transfer of Title
    1. The Title of all Goodsbelongsto the Seller until all Goods andmonies owed by the Customer to the Seller have been paid in full.
    2. Until such a time as the title in the Goods passes to the Customer, the Customer must hold the Goods for the Seller and keep these separate and marked and upon request, must deliver up the Goods to the Seller. If the Customer fails to deliver up the Goods, the Seller mayenter the Customer’s premises to recover the Goodswithout notice.
  8. Risk
    1. The Customer is responsible for insuring the full value of the Goods from the date of delivery or collection.
    2. Before the title in the Goods has passed, the Customer must maintain the Goods in the same condition in which they were delivered.
  9. Return of Defective Goods & Seller’s Warranty
    1. Along with any other rights the Customer has under Australian Consumer Law and subject to the rights of the Seller under Australian Consumer Law, the Seller will accept the return of defective Goods from the Customeron condition that:
      1. the Customer notifies the Seller of any alleged defect, shortage in quantity, damage or departure from the description or Orderwithin seven (7) days of receiving the Goods;
      2. the Goods are in the same condition they were delivered and packaging is undamaged; and
      3. the Customer returns the Goods to the Seller within 14 days of Delivery after receiving the Seller’s written approval to return the Goods
    2. If the Customer does notact in accordance with the terms of clause 9.1 the Goods shall be presumed to be free from any defect, damage or shortage of quantity.
    3. If defective goods arereturned to the Seller in accordance with the terms of clause 9.1, at its discretion the Seller shall:
      1. replace the Goods; or
      2. refund the price paid by the Customeror part of the Price where only a portion of the Goods delivered is defective.
    4. If the Customer wishes to return non-defective Goods, the Seller may at its discretion, charge the Customer a 15% handling fee along withany costs incurred by the Sellerfor accepting the goods
    5. If the Services and Goods supplied by the Seller are accompanied by a manufacturer’s warranty, the Seller shall not be obliged to provide any warranty greater than the manufacturer’s warranty.
    6. The Seller will not be liable to the Customer for any, indirect or consequential losses or damages incurred by defective goods.
    7. The Customer agrees to notify the Seller of any alleged defect in Services or Goods providedand to allow the Seller a reasonable opportunity to inspect these and to return and repair the agreed defective Services or Goods if the seller agrees that a defect is present.
    8. Unless specified otherwise in the contract, on completion of works, the Seller will remove all equipment and dispose of all surplus material relating to the work from the site. All surplus material will be the property of the contractor.
    9. The Seller will make good any damage or lossof the Customer’s work or property if directly caused by the Seller.Any such repair or replacement work will beon a like for like basis, not new for old and limited to the damaged area only.
  1. Customer Insolvency and Breach
    1. The Seller mayterminate the Contract or any arrangement with the Customer immediately:
      1. The Customer defaults on or breaches its obligations to the Seller;
      2. Any execution or distress is imposed upon the Customer;
      3. The Customer or enters into any negotiations, arrangements or compositions with its creditors;
      4. The Customer has a petition of bankruptcy presented against it or commits any act of bankruptcy;
      5. The Customer becomes insolvent, goes into liquidation or has a Receiver appointed to its assets Customer’s assets;
      6. The Customer cannot pay its debts;
      7. The Customer threatens to or cancels a payment; or
      8. The Customer fails to obtain or maintain any mandatory consents, authorisations, licences or insurances for which the Customer is responsible.
  2. EXCLUSION OF LIABILITY
    1. The Seller’s total Liability for any claim in relation to any Contract is limited to the Price paid by the Customer for the Services or Goods which are the subject of the claim.
    2. Nothing in these Terms and Conditions restricts, excludesor modifies any warranty, guarantee or condition that the Seller is prohibited by law from restricting, excludingor modifying. Where it is lawful, fair and reasonable to do so, the Seller limits its Liability, to:
      1. for Goods:
        1. replacement of or supply of equivalent goods;
        2. repair of Goods;
        3. reimbursement of the cost of replacing or acquiring equivalent goods;
        4. payment of the cost of having the Goods repaired; or
        5. full or partial refund of the Price.
      2. in the case of Services:
        1. supplying of the Services again;
        2. payment of the cost of having the Services supplied again; or
        3. full or partial refund of the Price.
    3. All other conditions, guarantees, warranties, representations or Liabilities are excluded, exceptwhere expressly stated in these Terms and Conditions or in the Contract.
    4. The Seller gives no guarantee, warranty or undertaking regarding the quality, safety or condition of the Service or Goods or the fitness of or suitability of the Services or Goods unless otherwise stated in these Terms and Conditions.
    5. In the case that deviations from the Contract occur in the quantity of Goods Delivered :
      1. Where fewer Goods have been delivered than stipulated in the Contract, the Customer may not reject the Goods;
      2. Where more Goods have been delivered than stipulated in the Contract, the Customer, subject to clause 11.5 (c), may reject any excess Goods and is not obliged to pay for these unless otherwise expressly agreed; and
      3. If the Customer rejects excess Goods, the Customer must immediately notify the Seller and keep the excess Goods in the condition they were delivered.
    6. Neither party shall be liable for any default due to any act of God, terrorism, war, industrial action, flood, fire, drought, storm or any other event beyond the reasonable control of the party in default on condition that any such default is remedied as soon as practicable after the event.
  3. PPSA Security Interest & Security
    1. Where Goods have been delivered but not fully paid for, the Customer grants a purchase money security interestto the Seller, as defined in the PPSAto secure the Price of the Goods and payment due.
    2. The Customer agrees to refrain from doing or permitting anything to be done that could result in the Seller’s PMSI ranking behind any other security interest (as defined in the PPSA).
    3. The Customer will take steps required by the Seller to improve security under the PPSA in respect of the Goods and any proceeds of sale of the Goods or to maintain any security interest under the PPSA.
    4. The Customer will pay the costs to register a financing statement in relation to the PPSA.
    5. The Customer and the Seller agree that nothing in sections 125, 132 (3) (d), 132 (4), 135, 142 and 143 of the PPSA will apply to these Terms and Conditions and the Contract, and to the extent permitted by the PPSA agree to waive and contract out of the right to receive any statement or notice under sections 95, 118, 124 (4), 123, 130, 132 (3)(d), 132 (4) and 157. The Customer and the Seller also contract out of each other provision of Part 4.3 of the PPSA, under sections 115 (7) and 116 (2), to the extent that the provisions place obligations on the Seller. The Seller and the Customer will not disclose information of a kind mentioned in section 275 (1) of the PPSA, unless the law requires it (other than section 275 (1) of the PPSA).
    6. The Customer charges, as trustee of every trust all the Customer’s land and property (including property acquired in the future) to secure the payment of monies and fulfil the Customer’s obligations under this Contract.
    7. Any Trust for which the Customer is Trustee is bound by these terms and conditions and charges its land and real property as trustee.
  4. Building Construction Industry Security of Payments Acts 1999
    1. The Seller shall issue invoices in accordance with the terms of the Building and Construction Industry Security of Payment Acts 1999.
  5. Privacy
    1. The Seller will not use the Customer’s personal information for any purpose other than supplying the Customer with Services and Goods.
  6. Miscellaneous
    1. The Customer is, liable for all stamp duty relating to these Terms and Conditions, and any other Contract or document
    2. The Customer may not alter any part of the Contract or Terms and Conditions unless accepted and confirmed in writing by the Seller. The Seller’s agents, contractors or representatives are not authorised to make any agreements which conflict with the terms of this Contract and the Seller shall not be bound by or liable for any such representations, or agreements.
    3. Any individual or partial waiver of any right relating to these Terms and Conditions or to the Contract shall not obstruct any other exercise of that or any other right.
    4. These Terms and Conditions are governed by, and in accordance with, the laws of the State where the Services and Goods are provided.
    5. Should any individual part or parts of the Terms and Conditions or Contract, be held to be unlawful or void, these documents, are to be read and enforced as if the unlawful or void provisions or part provisions had been deleted.
    6. No prior dealing between the parties and no trade usages are relevant to supplement, amend, or explain any term used in this document.
    7. If GST is levied on any supply made in accordance with these Terms and Conditions, the recipient of the taxable supply must pay an additional amount equal to the payable GST to the supplier at the same time as making payment for the taxable supply. The terms “supply”, “tax invoice”, “recipient”, and taxable supply” have the meanings ascribed to them in the GST Act.
    8. The Customer must notify the Seller of any proposed change of ownership. shareholding, effective control, directors of the Customer or contact and address details no later than 14 days prior to the proposed change.
  7. Notices
    1. Any notice under these Terms and Conditions or relating to recovery of costs must be in writing, in the English language and must be delivered to the address of the party included in the Contract or Order, unless otherwise specified in writing by that party.
    2. A notice given by:
      1. Post is considered received, if posted to an Australian address within Australia, three days after posting and;
      2. Email is considered received once the sender sends the email; and
      3. Facsimile is considered received when the sender’s facsimile machine produces a report confirming that the facsimile was transmitted to the addressee’s facsimile number.
  8. Blocked Drains& General Plumbing
    1. Blocked drains generallydemonstratethat pipelines are not operating correctly and may contain breakages, cracks, negative fall,foreign objects, sanitary hygiene products, or tree root entry. The drain line cannot be fixed or remediedsolely by clearing. After clearing, the Seller gives no warranty that the same problem may not recur. If equipment belonging to the Seller becomes stuck in the Customer’s drain, the customer will be responsible for the expense of removing it.
  9. Same Day Guarantee or it’s free offer
    1. The “Same Day Guarantee or its Free”:
      1. applies only to jobs booked through the Seller’s call centre before midday at local time;
      2. If the Seller cannot attend on the same day for a job booked before midday the callout fee will be waived, but all other usual charges, fees and expenses for providing Goods and Services will apply;
      3. If the Seller is availableand willing to provide the Service or Goods on the day of booking, but the Customer for any reason does not grant access on the day, the Seller will be deemed to have complied with the “Same Day or its Free” guarantee and may charge the standard call out fee to the Customer.
    2. If the Seller cannot attend the job on the same day, the Customer will be offered the next available time on the next business day. For calls received after midday local time, the Customer will be offered timeon the next business day and usual callout charges will apply.
    3. The Seller’s business hours are 7am to 4pm Monday to Friday and 7am to midday on Saturday. After midday on Saturday, all Sunday, Australian public holidays and state public holidays in effect in the state the job is booked for are excluded from this offer.
    4. This offer applies only to Sydney, Melbourne, Geelong, and Adelaide Metro areaswhich are also within the Unblock My Drains coverage areas.
  10. Finance
    1. Where the customer intends to usefinance offered by a third-party company to purchase goods or services from the Seller, the finance must be applied for and approved before the Seller commences work.
    2. The Customer is responsiblefor ensuring that they canpay the Seller for any completed work as soon as invoices are issued and due for payment. If the customer cannot access finance or has finance withdrawn, the Customer must arrange alternative methods of payment in order to pay invoices issued by the Seller when due.
    3. The terms and conditions of any financial arrangements between the customer and a third-party company do not form any part of the contract between the Seller and the Customer
    4. The Customer remains bound at all times to the standard terms and conditions of payment to the seller for services and goods provided regardless of any financial arrangements between the Customer and a third party.
  11. Special Offers, Deals and Discounts
    1. Any Percentage discount or money off special offers from the Seller can only be used againstServices or Goods purchased from the Seller and are not valid against the callout fee charge, which must be paid in full.
    2. Only one discount offer can be used per invoice when purchasing Goods or Services from the Seller.Multiple discounts on one invoice are not permitted.
    3. Fixed price special offers which are advertised for a service or product are only for that product or service only do not include the callout fee applicable at the time of booking.

Our work culture also includes your satisfaction as the main goal! In order to achieve this we offer:

    • Round the clock service (24/7/365)!
    • Fixed price quotations!
    • Fixed service time (if breached, you will get a discount)!
    • Discounts for pensioners available!
    • Fixed price regular maintenance!
    • Lifetime warranty for all labour carried out!

We are the best Drain cleaning professionals in Sydney, and we are here for you!

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1300 598 411