Terms And Conditions

Terms and Conditions of Supply and Purchase of Goods and Services

Interpretation

a) “Plumb Active” pertains to the entity known as Plumb Active, identified by ABN 64734001161. b) In the context of our operations, “Customer” denotes any individual, corporation, or entity engaging with Plumb Active for the procurement of Goods and Services or Services. c) Within our framework, “Conditions” encompass the comprehensive terms and conditions governing the supply of Goods and Services by Plumb Active to our valued Customers. d) A pivotal aspect of our business transactions, the “Contract” signifies the formal agreement between Plumb Active and the Customer, delineating the terms for the acquisition of Goods and Services. e) Within our contractual arrangements, the term “Price” denotes the mutually agreed-upon monetary consideration detailed in the quotation for the provision of Goods and Services. f) Our scope of offerings extends to “Goods and Services,” encapsulating all products and services furnished by Plumb Active to our esteemed Customer base, or intended for their provision. g) Timely financial transactions are essential; hence, “Payment Dates” refer to the specific dates designated for payment as outlined in the Contract or as mutually agreed upon in writing by both parties involved.

Application Of Terms

These Terms govern all transactions initiated by the Customer with Plumb Active, unless expressly agreed upon otherwise in written form by an authorised representative of Plumb Active.

Each order placed by the Customer is contingent upon written acceptance by Plumb Active. A binding Contract is established upon Plumb Active’s written acceptance of the Customer’s order for Goods and Services, thereby incorporating these Conditions. By proceeding with the transaction, the Customer acknowledges and agrees to be bound by these Conditions, which are an integral component of the Contract. Any modifications to the Contract necessitate prior written consent from Plumb Active. In the event of any discrepancy between these Conditions and other contractual documents or correspondences, these Conditions shall take precedence.

Any terms articulated by the Customer during the ordering process are non-binding on Plumb Active unless explicitly endorsed in writing by an authorised representative of Plumb Active.

These Conditions override all prior terms and conditions of sale issued by Plumb Active.

Plumb Active retains the discretion to reject any order or part thereof at its sole discretion. Any order or part thereof not accepted is deemed canceled. Plumb Active mandates that orders for Goods and Services must be formally submitted in writing.

Order Cancellation

Cancellation of orders must be formally communicated in writing to Plumb Active. Please note that canceled orders will be subject to a penalty surcharge of ten percent.

Pricing

Unless expressly agreed upon in written form by both parties, prices shall adhere to Plumb Active’s prevailing price list, subject to adjustments made by Plumb Active without prior notification.

Payment

Upon delivery of the Goods and Services, Plumb Active will promptly issue an invoice to the Customer. Unless specifically arranged otherwise through written agreement, the Customer is obligated to:

5.1. Submit the Deposit to Plumb Active upon acceptance of the Contract.

5.2. Settle the total Price in full, without any deductions, as per the specified payment terms outlined in the Contract.

5.3. Authorise Plumb Active to debit Price installments from the Customer’s credit card on the designated Payment Dates stipulated in the Contract. In the event of declined credit card payments, Plumb Active will issue a Final Notice to the Customer. Failure to resolve the Final Notice within seven days will prompt Plumb Active to issue an additional invoice for the outstanding amount.

5.4. Any extension of time for payment does not constitute a waiver of any rights held by Plumb Active under these Terms.

5.5. Should the Customer fail to make payments in accordance with these Terms or the Contract, they shall be liable for all reasonable collection expenses, legal costs, and any other associated expenses incurred by Plumb Active.

5.6. Failure to fulfill payment obligations in accordance with these Terms may lead to Plumb Active issuing a default notice, implementing monthly interest charges on overdue amounts, and/or applying an administrative fee.

Payment Surcharges

Plumb Active reserves the right to apply surcharges on certain payment methods, including but not limited to credit card payments or international transactions. These surcharges will be clearly communicated to the Customer at the time of invoicing or payment processing. The Customer agrees to bear any applicable surcharges associated with their chosen payment method. Plumb Active may adjust these surcharges at its discretion and will provide reasonable notice of any changes.

Payment Default

Should the Customer default on payment or breach any of these Conditions, they shall bear full responsibility for covering all costs incurred by Plumb Active. Furthermore, the Customer shall indemnify Plumb Active against any loss, liability, charges, expenses, outgoings, or payments suffered or incurred in connection with the recovery of monies owed by the Customer.

Risk

Upon delivery of the Goods and Services, the risk associated with them transfers to the Customer. Consequently, the Customer assumes all risks of loss and damage to the Goods and Services, including any loss or damage that may occur during unloading following delivery.

Title to Goods and Services

The title to all Goods and Services provided by Plumb Active remains with Plumb Active until the Customer has settled the full invoice price for all Goods and Services supplied under all invoices. Until such title passes to the Customer, the Customer is required to adhere to specific obligations delineated in these Conditions.

Warranty and Liability

Plumb Active provides a warranty that any Goods incorporated into the Services will meet the standards of merchantable quality, constructed with appropriate materials, and reasonably suitable for their intended purpose. Plumb Active expressly excludes all conditions, warranties, and terms implied by statute or general law, except for any implied condition or warranty, the exclusion of which would violate any statute or render these Terms void.

Defects

Should the Customer perceive that the Services rendered by Plumb Active deviate from the terms outlined in the Contract or are flawed, it is imperative for the Customer to furnish written notice to Plumb Active within seven days from the completion of the Services. Upon receiving such notice and upon Plumb Active’s contentment, Plumb Active retains the option to either rectify the non-conforming or defective Services by means of re-supply or offer a refund or credit to the

Termination

Either party reserves the right to terminate these Terms upon providing 48 hours’ written notice to the other party. Immediate termination is allowable if the other party commits a significant breach of these Terms, which persists unremedied after seven days’ notice, or if the other party becomes insolvent or declares bankruptcy.

Privacy

Plumb Active holds the privacy of the Customer’s personal information in high regard and is dedicated to safeguarding it in accordance with applicable privacy laws. Plumb Active operates in compliance with the Australian Privacy Principles as detailed in the Privacy Act 1988 (Cth). See our full Privacy Policy

Intellectual Property

Information disseminated by Plumb Active and its representatives is confidential in nature. Plans, drawings, specifications, and estimates furnished by Plumb Active are not to be disclosed to third parties without prior written consent and are subject to Plumb Active’s copyright.

Variation

Plumb Active retains the right to modify or amend these Terms periodically by updating them on its website and providing appropriate notification to the Customer.

Sub Contract

Plumb Active reserves the authority to subcontract any or all of its rights and obligations under these Terms without requiring the explicit consent of the Customer.

Governing Law

These Terms are governed by and interpreted in accordance with the laws of the State of Victoria. The parties hereby agree to submit to the non-exclusive jurisdiction of the courts of Victoria, as well as any competent appellate courts.

Notices

Notices pertaining to these Terms must bear the signature of the sender or its authorised officer and may be transmitted via fax or email to the recipient’s provided contact information. Such notices shall be deemed received upon successful transmission, contingent upon providing evidence of transmission and non-receipt by the intended recipient.

Force Majeure

Neither party shall be held liable for any failure or delay in fulfilling its obligations under these Terms if such failure or delay is deemed beyond its reasonable control. In the event that such failure or delay persists for a period exceeding 60 days, the other party reserves the right to terminate these Terms with immediate effect.

These Terms and Conditions constitute the definitive agreement between Plumb Active and the Customer regarding the procurement and provision of Goods and Services, superseding all prior agreements or understandings, whether expressed in written or oral form, pertaining to the subject matter herein.

Website Terms and Conditions

1. Introduction

1.1. Welcome to the Plumb Active website (referred to as the “Website”). These terms and conditions regulate the usage of the Website, encompassing all pages within this domain www.plumbactive.com.au.

1.2. By accessing or utilising the Website, you acknowledge and agree to adhere to these terms and conditions. If you disagree with any aspect of these terms and conditions, you are prohibited from using the Website.

2. Definitions

2.1. “Plumb Active” refers to Plumb Active, ABN 64734001161, the operator of the Website.

2.2. “User” refers to any person who accesses or uses the Website.

3. Use of the Website

3.1. The Website is intended for general informational purposes only. Plumb Active does not guarantee the accuracy, completeness, or timeliness of the information provided on the Website.

3.2. Users must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.

3.3. Users must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

4. Intellectual Property Rights

4.1. All content on the Website, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Plumb Active or its content suppliers and is protected by Australian and international copyright laws.

4.2. Users may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner any content on the Website without the prior written consent of Plumb Active.

5. Privacy Policy

5.1. Plumb Active’s privacy practices concerning the collection, use, and disclosure of personal information are set forth in its Privacy Policy, which is incorporated by reference into these terms and conditions.

5.2. By using the Website, you consent to the collection, use, and disclosure of your personal information in accordance with Plumb Active’s Privacy Policy.

6. Links to Third-Party Websites

6.1. The Website may contain links to third-party websites that are not owned or controlled by Plumb Active. Plumb Active assumes no responsibility for the content, privacy policies, or practices of any third-party websites.

6.2. Users acknowledge and agree that Plumb Active shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites.

7. Limitation of Liability

7.1. To the extent permitted by law, Plumb Active excludes all liability for any loss, damage, cost, or expense, whether direct, indirect, incidental, consequential, or special, arising out of or in connection with the use of the Website or reliance on any information contained herein.

8. Indemnification

8.1. Users agree to indemnify and hold harmless Plumb Active, its officers, directors, employees, agents, and affiliates, from and against any claims, liabilities, damages, losses, costs, expenses, or demands, including without limitation reasonable legal fees, arising out of or in connection with your use of the Website or your violation of these terms and conditions.

9. Changes to Terms and Conditions

9.1. Plumb Active reserves the right to modify or replace these terms and conditions at any time. Users are responsible for regularly reviewing these terms and conditions to stay informed of any changes.

10. Governing Law

10.1. These terms and conditions are governed by and construed in accordance with the laws of the State of [insert state], Australia. Users agree to submit to the exclusive jurisdiction of the courts of Victoria Australia with respect to any disputes arising out of or in connection with these terms and conditions.

11. Contact Information

11.1. If you have any questions about these terms and conditions, please contact us at legal(at)plumbactive.com.au.