Terms and Conditions
TERMS AND CONDITIONS
1. Quotations
1.1 All quotes are valid for thirty (30) days from the date of the quotation. If acceptance is received after this period has lapsed, the job may be required to be requoted.
1.2 Unless specifically stated otherwise, all quotations are based on costs of labour and materials at the date of the quotation and are subject to price variation.
1.3 JV Trade Services Pty Ltd has not allowed for any unforeseen circumstances in this quotation.
1.4 Unless specifically stated otherwise, all quotations are based on the following assumptions:
a) that supplier items and major material items can be ordered and stored either on site or off site with storage certificates issued and payment made for materials held in storage;
b) that free and unrestricted access to all required work areas will be provided;
c) that the work will be conducted during regular business hours Monday to Friday 8am to 4pm;
d) that any trenching work (if required) will be conducted on soft to medium ground density, with hard ground area digging incurring additional costs;
e) that the work for which this quotation is submitted will be executed in an environment free of hazardous material.
1.5 The break-up of prices quoted is submitted for the purpose of a guide only. Should any of the quoted figures deviate from the actual figures, and if any of the works or plans change, JV Trade Services reserves the right to revise the amount tendered.
1.6 The Customer must communicate acceptance of the quotation and Terms and Conditions before Works will be scheduled.
1.7 JV Trade Services submits this quotation on the conditions determined by The Building and Construction Industry Security of Payment Act 2002 (SOP Act).
2. Acceptance
2.1 Any instructions from the Customer placing an order or accepting a quote, whether verbal, electronic, or written, shall constitute acceptance of these Terms and Conditions.
2.2 These Terms and Conditions may only be altered by agreement between the parties, in writing.
3. The Works
3.1 JV Trade Services will provide the Works to the Customer and the Customer will pay the Price to JV Trade Services for performing those Works.
3.2 All descriptive specifications, illustrations, drawings, and dimensions furnished by JV Trade Services are illustrative only and do not necessarily form part of the contract unless specifically identified as such in writing.
3.3 Where it is practical, JV Trade Services reserves the right to deliver the Goods and/or carry out the installation by instalments. In such instances progress payments and billings for each instalment shall be due in accordance with clause 6 below.
3.4 Any additional work not covered in quoted costs will attract additional time charges at the current rate.
4. Exclusions
4.1 Unless specifically agreed by the parties, JV Trade Services will not:
a) make good the site; or
b) remove and dispose of rubble, fittings, wiring, materials, or general waste from the site.
4A. Plumbing Exclusions
Unless specifically agreed in writing, JV Trade Services will not:
a) provide restoration or repair to surfaces, tiling, landscaping, or finishes disturbed during plumbing works;
b) warrant existing pipework, fixtures, drains, appliances, or systems not installed by JV Trade Services;
c) cover costs of locating or exposing concealed pipework, fixtures, or services (including cutting into walls, ceilings, floors, or landscaping);
d) be responsible for damage caused by defective or corroded pre-existing pipework, fittings, or fixtures;
e) guarantee the performance of drains or sewer lines where blockages are due to tree roots, foreign matter, subsidence, or damage beyond JV Trade Services’ control.
4B. Electrical Exclusions
Unless specifically agreed in writing, JV Trade Services will not:
a) upgrade consumer mains, switchboards, or earthing systems unless included in the quotation;
b) accept liability for existing wiring, switchboards, or equipment not installed by JV Trade Services;
c) guarantee compatibility of new Works with existing wiring or installations that are aged, non-compliant, or defective;
d) warrant the performance of electrical equipment supplied by the Customer;
e) repair, replace, or make good any building finishes or structures disturbed in accessing concealed wiring or electrical systems.
5. Work Site Access
5.1 The Customer will provide free and unrestricted access to all required work areas.
5.2 JV Trade Services will conduct the Works between regular business hours being 8am to 4pm Monday to Friday, unless otherwise agreed.
5.3 If access is not available as agreed, JV Trade Services may charge waiting time or rescheduling fees.
6. Payment
6.1 For projects exceeding a value of $2,000.00 AUD, inclusive of GST, JV Trade Services requires a 50% payment to be submitted before scheduling or commencing any Works.
6.2 JV Trade Services will render an invoice to the Customer which is to be paid within 7 days of the invoice date, unless otherwise stated on the invoice.
6.3 Invoices that are not paid by the Customer within 7 days (or the period specified on the invoice) will be deemed a Payment Default.
6.4 Payment Defaults will be charged interest at a rate of 2.5% per 30 days until the date of payment.
6.5 Payment defaults that are 30 days or more overdue may be handed over to a debt collection agency or solicitor.
6.6 Any costs incurred by JV Trade Services in obtaining payment of outstanding invoices including legal costs and/or collection agency fees will be the sole responsibility of the Customer.
6.7 Credit and Debit Card payments are subject to fees of up to 2% of the total Price.
7. Compliance
7.1 JV Trade Services will perform all work in compliance with applicable Australian Standards in force at the time of the work.
7.2 Where required, the Customer shall obtain (at their own expense) all licenses and approvals that may be required for the Works.
7.3 JV Trade Services is not responsible for delays or additional costs resulting from the Customer failing to obtain required permits, approvals, or consents.
7A. Plumbing Compliance
7A.1 JV Trade Services will carry out plumbing works in compliance with the Plumbing Regulations 2018 (Vic), the Building Act 1993 (Vic), the Water Act 1989 (Vic), and the requirements of the Victorian Building Authority (VBA).
7A.2 Where required, compliance certificates will be issued in accordance with the Plumbing Regulations and VBA requirements.
7A.3 The Customer is responsible for obtaining all relevant building/plumbing permits (unless otherwise agreed in writing).
7A.4 JV Trade Services is not responsible for delays or additional costs resulting from the Customer failing to obtain permits, approvals, or authority consents.
7B. Electrical Compliance
7B.1 All electrical work will be carried out in accordance with the Electricity Safety Act 1998 (Vic), Electricity Safety (General) Regulations 2019, and other applicable standards enforced by Energy Safe Victoria (ESV).
7B.2 Where required, Certificates of Electrical Safety (CES) will be issued in accordance with Energy Safe Victoria requirements.
7B.3 The Customer is responsible for ensuring that the property’s existing electrical infrastructure (including but not limited to supply capacity, switchboards, metering equipment, and distribution networks) is suitable for the proposed Works. Any upgrades required will be at the Customer’s cost unless otherwise agreed in writing.
7B.4 JV Trade Services is not responsible for delays or costs arising from supply authority requirements, distributor network restrictions, or metering changes unless included in the quotation.
8. Risk and Title of Property
8.1 The risk in all Goods supplied shall pass to the Customer upon delivery.
8.2 All Goods supplied shall remain the property of JV Trade Services until all sums due have been paid in full.
8.3 Should full payment remain outstanding for more than 60 days, the Customer authorises JV Trade Services to enter the premises where the Goods have been delivered or installed and regain possession of the Goods. This does not relieve the Customer of obligations to pay for services already performed.
9. Hazardous Materials/Worksite Safety
9.1 The Customer shall inform JV Trade Services of:
a) general and specific safety requirements as and when they arise, in relation to the site; and
b) any incident or potential hazard that may cause harm to JV Trade Services personnel.
9.2 The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
9.3 The Customer accepts full responsibility for the resolution of any problems and for delays and additional costs which may result from the presence of hazardous materials in or about the site on which the Works (or any part thereof) are being performed.
9.4 JV Trade Services will only undertake live work or work near live conductors where it is safe to do so. Live work may require JV Trade Services to disconnect or isolate parts of the installation to undertake such work for which additional charges may be applicable.
9.5 If during the course of installation where Works are being conducted within and around switchboards that it is found to be unsafe by JV Trade Services the Customer will be immediately notified. The power if isolated will not be re-energised until such times as the existing condition has been rectified and made safe in accordance with state regulations. All costs associated with the rectification works including materials and labour shall be to the Customer’s account. All works shall be notified to Energy Safe Victoria, and/or the relevant electricity distribution company as required and relevant electrical inspections obtained.
9A. Drainage and Blockages
9A.1 JV Trade Services will take all reasonable care when clearing blockages; however, in some cases drain clearing may cause or reveal existing damage, weak points, or defects in pipework. JV Trade Services accepts no liability for such pre-existing conditions becoming evident during works.
9A.2 CCTV inspections may be required to assess the condition of drains or pipework. If undertaken, the Customer acknowledges that additional charges will apply.
9A.3 JV Trade Services provides no warranty on the reoccurrence of blockages caused by tree roots, foreign objects, incorrect gradients, subsidence, or other external factors.
9B. Electrical Works – Site Safety
9B.1 JV Trade Services may isolate electrical circuits or disconnect supply as required to safely perform Works. The Customer acknowledges that this may temporarily interrupt power supply to parts or all of the premises.
9B.2 JV Trade Services is not responsible for any loss of data, business interruption, or damage to equipment caused by isolation or power disconnection during Works. The Customer is responsible for implementing adequate backup or protection measures.
9B.3 If asbestos, friable materials, or unsafe switchboards are encountered, JV Trade Services will immediately stop work and notify the Customer. All associated costs for making the site safe will be the responsibility of the Customer.
10. Cancellation
10.1 The Customer may at its option cancel the Works, or any part thereof, at any time. The Customer will be liable to pay for materials and services provided to the date of cancellation and may also be charged for reasonable loss of profit on cancelled Works.
11. Insurance and Warranty
11.1 JV Trade Services maintains adequate insurance that protects their property, their employees, and the interest of third parties resulting from the negligence of JV Trade Services.
11.2 JV Trade Services warrants its installation work to be defect free for a period of twelve (12) months from invoice date. Such cover does not extend to goods not supplied by JV Trade Services, physical damage to products, consumables, power surges, misuse, or any instance where the original installation has been altered or tampered with subsequently by third parties.
11.3 JV Trade Services shall have the first option to remedy any defect within the warranty period (Warranty Work).
11.4 All Warranty Work shall be conducted during regular business hours and at the discretion of JV Trade Services.
11A. Plumbing Warranty
11A.1 All new plumbing works are warranted for compliance and workmanship for a period of six (6) years in accordance with the VBA and Plumbing Regulations.
11A.2 Warranty does not extend to:
a) blockages caused by tree roots, foreign objects, or misuse;
b) pre-existing fixtures, appliances, or systems not supplied or installed by JV Trade Services;
c) failure of fixtures or appliances covered by the manufacturer’s warranty.
11A.3 Where a compliance certificate has been issued, warranty claims will be subject to assessment by JV Trade Services and/or the VBA as required.
11B. Electrical Warranty
11B.1 All new electrical installation works are warranted for a period of twelve (12) months from the invoice date, subject to the conditions below.
11B.2 Warranty does not extend to:
a) electrical accessories, appliances, or equipment not supplied by JV Trade Services;
b) faults or damage caused by misuse, overloading, power surges, storm damage, or external supply issues;
c) existing wiring, switchboards, or infrastructure not replaced or installed by JV Trade Services.
11B.3 Where a Certificate of Electrical Safety has been issued, warranty claims will be subject to assessment by JV Trade Services and/or Energy Safe Victoria as required.
12. Limitation of Liability and Excepted Risks
12.1 The Customer acknowledges that they have made their own assessment as to the condition, quality, value, suitability, and fitness for the purpose of JV Trade Services.
12.2 JV Trade Services shall not be liable or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of the Works if the delay or failure was due to any cause beyond JV Trade Services’s control, including but not limited to an act of God, government act, fire, explosion, accident, discovery of hazardous material, civil commotion, or industrial dispute.
12.3 JV Trade Services shall be under no liability whatsoever to the Customer for any indirect, special, or consequential loss and/or expense (including loss of profit, loss of business opportunity, or downtime) suffered by the Customer arising out of a breach of these Terms and Conditions.
12.4 In the event of any breach of this contract by JV Trade Services the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price.
12.5 The Customer shall not be entitled to set off against, or deduct from the Price, sums owed or claimed to be owed to the Customer by JV Trade Services, nor to withhold payment of any invoice because part of that invoice is in dispute.
13. General
13.1 In the event of conflict between these conditions and those which may be included in, or implied by any document forming part of an enquiry, specification, quotation, order, or contract, these conditions prevail except in as far as they are expressly varied by us in writing or by law.
13.2 If any provision of these Terms is invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.3 This agreement is governed by, and is to be construed in accordance with, the law for the time being of Victoria, Australia. The Parties hereby agree to submit to the non-exclusive jurisdiction of the Courts of the State.
14. Definitions
“JV Trade Services” or “JV Trade” means JV Trade Services Pty Ltd (ABN 17 686 945 960).
“Customer” means the customer (or any person acting on behalf of and with the authority of the customer) as described on any quotation, work authorisation, or other form as provided by JV Trade Services.
“Goods” means goods supplied by JV Trade Services to the Customer (and where the context so permits shall include any supply of services) and are as described on the invoice, quotation, work authorisation, or any other forms as provided by JV Trade Services.
“Works” means all Goods supplied by JV Trade Services to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
“Plumbing Works” means installation, maintenance, repair, or replacement of water supply, sewerage, drainage, gasfitting, roofing, or associated fixtures, fittings, and appliances in accordance with the Plumbing Regulations 2018 (Vic).
“Electrical Works” means installation, maintenance, repair, or replacement of electrical wiring, switchboards, consumer mains, fittings, appliances, and associated systems in accordance with the Electricity Safety Act 1998 (Vic) and related regulations.
“Compliance Certificate” means a certificate issued by a licensed plumber in accordance with the Plumbing Regulations 2018 (Vic).
“Certificate of Electrical Safety (CES)” means a certificate issued by a licensed electrician in accordance with Energy Safe Victoria requirements.
“Price” means the price payable for the Goods and/or Works as agreed between JV Trade Services and the Customer.