Terms & Conditions

1.         Definitions

1.1       “Inscope Plumbing” means the Inscope Plumbing entity so named in the Quotation or Works Contract including its duly appointed representatives nominated from time to time.

1.2       “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

1.3       “Goods” means all Goods or Services supplied by Inscope Plumbing to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4       “Price” means the Price payable for the Goods as agreed between Inscope Plumbing and the Customer in accordance with clause 5 below.

 

2.         Acceptance

2.1       The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

2.2       These terms and conditions may only be amended with Inscope Plumbing’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Inscope Plumbing.

2.3       None of Inscope Plumbing’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of Inscope Plumbing in writing nor is Inscope Plumbing bound by any such unauthorised statements.

 

3.         Electronic Transactions (Victoria) Act 2000

3.1       Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000, or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

4.         Change in Control

4.1       The Customer shall give Inscope Plumbing not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Inscope Plumbing as a result of the Customer’s failure to comply with this clause.

 

5.         Price and Payment

5.1       At Inscope Plumbing’s sole discretion the Price shall be either:

(a)  as indicated on any invoice provided by Inscope Plumbing to the Customer; or

(b)  Inscope Plumbing’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

5.2       Inscope Plumbing reserves the right to change the Price:

(a)  if a variation to the Goods which are to be supplied is requested; or

(b)  if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or

(c)  where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, hard rock or other obscured barriers below the surface, iron reinforcing rods in concrete, poor weather conditions, limitations to accessing the site, availability of machinery, safety considerations including the discovery of asbestos, prerequisite work by a third party not being completed, etc.) which are only discovered on commencement of the Services; or

(d)  in the event of increases to Inscope Plumbing in the cost of labour or materials which are beyond Inscope Plumbing’s control.

5.3       At Inscope Plumbing’s sole discretion a non-refundable deposit may be required.

5.4       Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Inscope Plumbing, which may be:

(a)  on delivery of the Goods;

(b)  before delivery of the Goods;

(c)  by way of instalments/progress payments in accordance with Inscope Plumbing’s payment schedule;

(d)  thirty (30) days following the end of the month in which an invoice is provided to the Customer’s address, address for notices or email address;

(e)  the date specified on any invoice or other form as being the date for payment; or

(f)   failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Inscope Plumbing.

5.5       Payment may be made by electronic/on-line banking, or by any other method as agreed to between the Customer and Inscope Plumbing.

5.6       Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Inscope Plumbing an amount equal to any GST Inscope Plumbing must pay for any supply by Inscope Plumbing under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

6.         Delivery

6.1       Subject to clause 6.2 it is Inscope Plumbing’s responsibility to ensure that the Services start as soon as it is reasonably possible.

6.2       The Services’ commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Inscope Plumbing claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond Inscope Plumbing’s control, including but not limited to any failure by the Customer to:

(a)  make a selection; or

(b)  have the site ready for the Services; or

(c)  notify Inscope Plumbing that the site is ready; or

(d)  inclement weather; or

(e)  any other event causing a delay that is out of the control of Inscope Plumbing or caused by an act or omission of the Customer or its agent.

6.3       At Inscope Plumbing’s sole discretion the cost of delivery is included in the Price.

6.4       Inscope Plumbing may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

6.5       The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that:

(a)  such discrepancy in quantity shall not exceed ten percent (10%); and

(b)  the Price shall be adjusted pro rata to the discrepancy.

6.6       Any time or date given by Inscope Plumbing to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and Inscope Plumbing will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

 

7.         Risk

7.1       If Inscope Plumbing retains ownership of the Goods under clause 14 then:

(a)  where Inscope Plumbing is supplying Goods only, all risk for the Goods shall immediately pass to the Customer on delivery and the Customer must insure the Goods on or before delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that the Goods are delivered by Inscope Plumbing or Inscope Plumbing’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).

(b)  where Inscope Plumbing is to both supply and install Goods then Inscope Plumbing shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Customer.

7.2       Notwithstanding the provisions of clause 7.1 if the Customer specifically requests Inscope Plumbing to leave Goods outside Inscope Plumbing’s premises for collection or to deliver the Goods to an unattended location then such Goods shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Goods are insured adequately or at all. In the event that such Goods are lost, damaged or destroyed then replacement of the Goods shall be at the Customer’s expense.

7.3       Inscope Plumbing shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, Inscope Plumbing accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.

7.4       The Customer acknowledges that the presence of plant or tree root growth and/or other blockages may indicate damaged pipe work and therefore where Inscope Plumbing is requested to merely clear such blockages, Inscope Plumbing can offer no guarantee against reoccurrence or further damage. In the event of collapse during the pipe clearing process, Inscope Plumbing will immediately advise the Customer of the same and shall provide the Customer with an estimate for the full repair of the damaged pipe work.

 

7.5       The Customer acknowledges and agree that where Inscope Plumbing has performed temporary repairs that:

(a)  Inscope Plumbing offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and

(b)  Inscope Plumbing will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required.

7.6       The Customer acknowledges that Inscope Plumbing is only responsible for parts that are replaced by Inscope Plumbing and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Inscope Plumbing against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.

7.7       Where the Customer has supplied goods for Inscope Plumbing to complete the Services, the Customer acknowledges that he accepts responsibility for the suitability of purpose, quality and any faults inherent in the goods. Inscope Plumbing shall not be responsible for any defects in the goods, any loss or damage to the Goods (or any part thereof), howsoever arising from the use of goods supplied by the Customer.

7.8       The Customer warrants that any structures to which the Goods are to be affixed are able to withstand the installation of the Goods. If for any reason (including the discovery of asbestos) that Inscope Plumbing, or employees of Inscope Plumbing, reasonably form the opinion that the Customer’s site is not safe for the installation of Goods to proceed then Inscope Plumbing shall be entitled to delay installation of the Goods (in accordance with the provisions of clause 6.2 above) until Inscope Plumbing is satisfied that it is safe for the installation to proceed. Inscope Plumbing may at its sole discretion agree to bring the site up to a standard suitable for installation to proceed but all such works undertaken and any additional Goods supplied shall be treated as a variation and be charged for in addition to the Price.

 

 

 

8.         Blocked Drain

8.1       The Customer acknowledges and agrees that the presence of plant/tree root growth and/or blockages generally indicates damaged pipes. Accordingly, the Customer agrees that these pipes cannot be fixed by simply removing plant/tree root growth or cleaning the drain, therefore no warranty is provided against this situation arising again in the future and in respect of any work carried out in relation thereto.

8.2       In the event that any of Inscope Plumbing’s equipment becomes lodged in the Customer’s faulty drain the Customer will be liable for all costs incurred by Inscope Plumbing in retrieving and/or repairing the equipment.

 

9.         Access

9.1       The Customer shall ensure that Inscope Plumbing has clear and free access to the work site at all times to enable them to undertake the Services. Inscope Plumbing shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Inscope Plumbing.

 

 

10.     Underground Locations

10.1    Prior to Inscope Plumbing commencing any work the Customer must advise Inscope Plumbing of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.

10.2    Whilst Inscope Plumbing will take all care to avoid damage to any underground services the Customer agrees to indemnify Inscope Plumbing in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 12.1.

 

11.     Surplus Goods

11.1    Unless otherwise stated elsewhere in this contract:

(a)  demolished Goods remain the Customer’s property; and

(b)  Goods which Inscope Plumbing brings to the site which are surplus remain the property of Inscope Plumbing.

 

12.     Title

12.1    Inscope Plumbing and the Customer agree that ownership of the Goods shall not pass until:

(a)  the Customer has paid Inscope Plumbing all amounts owing to Inscope Plumbing; and

(b)  the Customer has met all of its other obligations to Inscope Plumbing.

12.2    Receipt by Inscope Plumbing of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

12.3    It is further agreed that:

(a)  until ownership of the Goods passes to the Customer in accordance with clause 14.1 that the Customer is only a bailee of the Goods and must return the Goods to Inscope Plumbing on request.

(b)  the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Inscope Plumbing and must pay to Inscope Plumbing the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

(c)  the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Inscope Plumbing and must pay or deliver the proceeds to Inscope Plumbing on demand.

(d)  the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Inscope Plumbing and must sell, dispose of or return the resulting product to Inscope Plumbing as it so directs.

(e)  the Customer irrevocably authorises Inscope Plumbing to enter any premises where Inscope Plumbing believes the Goods are kept and recover possession of the Goods.

(f)   Inscope Plumbing may recover possession of any Goods in transit whether or not delivery has occurred.

(g)  the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Inscope Plumbing.

(h)  Inscope Plumbing may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

 

13.     Customer Acknowledgments

13.1    The Customer acknowledges that the Goods or Services are bought solely upon the Customer’s skill and judgement.

13.2    If Inscope Plumbing notifies the Customer that it intends to store onsite Goods, plant, equipment or tools to be used in performance of the Services, then the Customer shall designate an area for storage and shall take all reasonable precautions to protect such items against destruction, damage, or theft. In the event that such items are destroyed, damaged or stolen then the cost of replacement shall be added to the contract Price and will be shown as a variation as per clause 5.2.

13.3    All quotations for Services in respect of other tradesmen will be treated strictly between the tradesmen and the Customer. The Customer agrees to indemnify Inscope Plumbing from any damage caused by any other tradesmen during and after the completion of the Services.

 

14.     Compliance with Laws

14.1    Both the Customer and Inscope Plumbing agree that they will at all times ensure that they comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works, including work health and safety (WHS) laws relating to building/construction sites, and any other relevant safety standards or legislation, particularly those in relation to Asbestos/Hazardous Materials and the safe removal and disposal of the same.

14.2    The Customer shall obtain (at the expense of the Customer) all licenses and approvals (including local Government approvals) that may be required for the Services, unless otherwise agreed. In the event that Inscope Plumbing is instructed to arrange said licences and/or permits on behalf of the Customer, then all associated such charges will be invoiced in accordance with clause 5.2.

 

15.     Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

15.1    The Customer must inspect the Goods immediately on delivery or completion of services and must within twenty-four (24) hours of delivery notify Inscope Plumbing in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Inscope Plumbing to inspect the Goods.

15.2    Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

15.3    Inscope Plumbing acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

15.4    Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Inscope Plumbing makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Inscope Plumbing’s liability in respect of these warranties is limited to the fullest extent permitted by law.

15.5    If the Customer is a consumer within the meaning of the CCA, Inscope Plumbing’s liability is limited to the extent permitted by section 64A of Schedule 2.

15.6    If Inscope Plumbing is required to replace the Goods under this clause or the CCA, but is unable to do so, Inscope Plumbing may refund any money the Customer has paid for the Goods.

15.7    If the Customer is not a consumer within the meaning of the CCA, Inscope Plumbing’s liability for any defect or damage in the Goods is:

(a)  limited to the value of any express warranty or warranty card provided to the Customer by Inscope Plumbing at Inscope Plumbing’s sole discretion;

(b)  limited to any warranty to which Inscope Plumbing is entitled, if Inscope Plumbing did not manufacture the Goods;

(c)  otherwise negated absolutely.

15.8    Subject to this clause 15, returns will only be accepted provided that:

(a)  the Customer has complied with the provisions of clause 15.1; and

(b)  Inscope Plumbing has agreed that the Goods are defective; and

(c)  the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and

(d)  the Goods are returned in as close a condition to that in which they were delivered as is possible.

15.9    Notwithstanding clauses 15.1 to 15.8 but subject to the CCA, Inscope Plumbing shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a)  the Customer failing to properly maintain or store any Goods;

(b)  the Customer using the Goods for any purpose other than that for which they were designed;

(c)  the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d)  the Customer failing to follow any instructions or guidelines provided by Inscope Plumbing;

(e)  fair wear and tear, any accident, or act of God.

15.10 Inscope Plumbing may in its absolute discretion accept non-defective Goods for return in which case Inscope Plumbing may require the Customer to pay handling fees of up to thirty percent (30%) of the value of the returned Goods plus any freight costs.

15.11 Notwithstanding anything contained in this clause if Inscope Plumbing is required by a law to accept a return then Inscope Plumbing will only accept a return on the conditions imposed by that law.

 

16.     Intellectual Property

16.1    Where Inscope Plumbing has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Inscope Plumbing.

16.2    The Customer warrants that all designs, specifications or instructions given to Inscope Plumbing will not cause Inscope Plumbing to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Inscope Plumbing against any action taken by a third party against Inscope Plumbing in respect of any such infringement.

16.3    The Customer agrees that Inscope Plumbing may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Inscope Plumbing has created for the Customer.

 

17.     Default and Consequences of Default

17.1    Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Inscope Plumbing’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

17.2    If the Customer owes Inscope Plumbing any money the Customer shall indemnify Inscope Plumbing from and against all costs and disbursements incurred by Inscope Plumbing in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, Inscope Plumbing’s contract default fee, and bank dishonour fees).

17.3    Without prejudice to any other remedies Inscope Plumbing may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Inscope Plumbing may suspend or terminate the supply of Goods to the Customer. Inscope Plumbing will not be liable to the Customer for any loss or damage the Customer suffers because Inscope Plumbing has exercised its rights under this clause.

17.4    Without prejudice to Inscope Plumbing’s other remedies at law Inscope Plumbing shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Inscope Plumbing shall, whether or not due for payment, become immediately payable if:

(a)  any money payable to Inscope Plumbing becomes overdue, or in Inscope Plumbing’s opinion the Customer will be unable to make a payment when it falls due;

(b)  the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c)  a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

 

18.     Cancellation

18.1    Inscope Plumbing may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Inscope Plumbing shall repay to the Customer any money paid by the Customer for the Goods. Inscope Plumbing shall not be liable for any loss or damage whatsoever arising from such cancellation.

18.2    In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Inscope Plumbing as a direct result of the cancellation (including, but not limited to, any loss of profits).

18.3    Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

 

19.     Privacy Act 1988

19.1    The Customer agrees for Inscope Plumbing to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by Inscope Plumbing.

19.2    The Customer agrees that Inscope Plumbing may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:

(a)  to assess an application by the Customer; and/or

(b)  to notify other credit providers of a default by the Customer; and/or

(c)  to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or

(d)  to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.

19.3    The Customer consents to Inscope Plumbing being given a consumer credit report to collect overdue payment on commercial credit.

19.4    The Customer agrees that personal credit information provided may be used and retained by Inscope Plumbing for the following purposes (and for other agreed purposes or required by):

(a)  the provision of Goods; and/or

(b)  analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or

(c)  processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or

(d)  enabling the collection of amounts outstanding in relation to the Goods.

19.5    Inscope Plumbing may give information about the Customer to a CRB for the following purposes:

(a)  to obtain a consumer credit report;

(b)  allow the CRB to create or maintain a credit information file about the Customer including credit history.

19.6    The information given to the CRB may include:

(a)  personal information as outlined in 19.1 above;

(b)  name of the credit provider and that Inscope Plumbing is a current credit provider to the Customer;

(c)  whether the credit provider is a licensee;

(d)  type of consumer credit;

(e)  details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f)   advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and Inscope Plumbing has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

(g)  information that, in the opinion of Inscope Plumbing, the Customer has committed a serious credit infringement;

(h)  advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

19.7    The Customer shall have the right to request (by e-mail) from Inscope Plumbing:

(a)  a copy of the information about the Customer retained by Inscope Plumbing and the right to request that Inscope Plumbing correct any incorrect information; and

(b)  that Inscope Plumbing does not disclose any personal information about the Customer for the purpose of direct marketing.

19.8    Inscope Plumbing will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

 

20.     Dispute Resolution

20.1    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 and providing details of the dispute. Within fourteen (14) days after service 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 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 by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:

(a)  referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and

(b)  conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

 

21.     Building and Construction Industry Security of Payments Act 2002

21.1    At Inscope Plumbing’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 2002 may apply.

21.2    Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 2002 of Victoria, except to the extent permitted by the Act where applicable.

 

22.     General

22.1    The failure by Inscope Plumbing to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Inscope Plumbing’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

22.2    These terms and conditions and any contract to which they apply shall be governed by the laws of the New South Wales, and are subject to the jurisdiction of the courts of Sydney in New South Wales.

22.3    Subject to clause 15, Inscope Plumbing shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Inscope Plumbing of these terms and conditions (alternatively Inscope Plumbing’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

22.4    The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Inscope Plumbing nor to withhold payment of any invoice because part of that invoice is in dispute.

22.5    Inscope Plumbing may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

22.6    The Customer agrees that Inscope Plumbing may amend these terms and conditions at any time. If Inscope Plumbing makes a change to these terms and conditions, then that change will take effect from the date on which Inscope Plumbing notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for Inscope Plumbing to provide Goods to the Customer.

22.7    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

22.8    The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.