Terms of service.
These Terms and Conditions ("Terms") govern the provision of plumbing services by Terence Gerard Ryan Pty Ltd ABN 42153094814, ACN153094814, ("we", "us", or "our"), a company registered and operating in New South Wales (NSW), Australia, to you ("you" or "Client"). By engaging our services, you agree to be bound by these Terms. If you do not agree, please do not proceed with our services.
These Terms incorporate and are subject to the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth), and any applicable NSW state laws. Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the ACL.
1. Definitions
Services: Plumbing works, installations, repairs, maintenance, or any related services provided by us.
Quote: A written estimate of costs for the Services, valid for 30 days unless otherwise stated.
Site: The location where the Services are to be performed.
Materials: Any goods, parts, or equipment supplied by us as part of the Services.
Business Hours: 0700 to 1600 hours, Monday to Friday, excluding public holidays in New South Wales.
2. Engagement and Scope of Services
2.1 We will provide the Services as described in the Quote or as otherwise agreed in writing. Any variations must be approved in writing by both parties.
2.2 You must provide us with accurate information about the Site, including access, utilities, and any hazards. You are responsible for obtaining any necessary permits or approvals unless we agree otherwise.
2.3 We reserve the right to refuse or suspend Services if the Site is unsafe, inaccessible, or if you fail to comply with these Terms.
2.4 Emergency Services may be provided outside Business Hours at additional rates, as advised.
3. Quotes, Pricing, and Variations
3.1 Quotes are based on information provided by you and our initial assessment. They exclude unforeseen issues (e.g., hidden defects, additional Materials, or regulatory changes).
3.2 Prices include GST unless stated otherwise. You are responsible for paying GST in addition to the quoted amount.
3.3 If variations arise (e.g., due to Site conditions or your requests), we will provide a revised Quote. Work on variations will not commence until approved.
3.4 We may adjust prices for increases in Material costs, labour, or other expenses beyond our control, with prior notice.
4. Payment Terms
4.1 Payment is due within 7 days of invoice date unless otherwise agreed. Invoices may require a deposit (up to 50%) before Services commence.
4.2 Acceptable payment methods: Bank transfer, credit card (surcharge may apply), or cash.
4.3 Late Payments: If payment is not received by the due date, interest will accrue on the overdue amount at a rate of 10% per annum (calculated daily from the due date until full payment). This rate is subject to change in line with applicable laws.
4.4 Recovery Costs: You agree to indemnify us for all costs, fees, and charges incurred in recovering overdue amounts, including but not limited to legal fees (on a solicitor-client basis), collection agency fees, court costs, and any other expenses associated with debt recovery. These costs will be added to your invoice and are payable immediately.
4.5 We may suspend Services or withhold Materials until full payment is received. Title to Materials remains with us until paid in full.
5. Cancellations and Delays
5.1 You may cancel Services with at least 48 hours' notice. Cancellations within 48 hours may incur a fee equivalent to 20% of the Quote or costs incurred, whichever is greater.
5.2 We are not liable for delays due to factors beyond our control (e.g., weather, supplier issues, or force majeure events like strikes, pandemics, or natural disasters). We will notify you of any delays and reschedule as soon as possible.
6. Warranties and Guarantees
6.1 We warrant that Services will be performed with due care and skill, in accordance with industry standards and applicable laws (including NSW plumbing regulations under the Plumbing and Drainage Act 2011 (NSW)).
6.2 Materials are warranted for the period specified by the manufacturer. We provide a 12-month warranty on workmanship from completion date.
6.3 Warranties do not cover misuse, neglect, unauthorized modifications, or normal wear and tear. You must notify us in writing of any defects within the warranty period.
6.4 Under the ACL, our Services come with guarantees that cannot be excluded, including that they are fit for purpose and of acceptable quality.
7. Liability and Insurance
7.1 To the extent permitted by law, our liability is limited to resupplying the Services or paying for their resupply. We are not liable for indirect, consequential, or special losses (e.g., loss of profits, data, or business interruption).
7.2 You indemnify us against any claims arising from your negligence, breach of these Terms, or third-party actions related to the Site.
7.3 We maintain public liability insurance and workers' compensation as required by NSW law. You are responsible for insuring the Site and your property.
7.4 Nothing in these Terms limits our liability for personal injury, death, or fraud.
8. Intellectual Property and Confidentiality
8.1 We retain ownership of any designs, plans, or intellectual property created for the Services.
8.2 Both parties agree to keep confidential any proprietary information disclosed during the Services.
9. Dispute Resolution
9.1 If a dispute arises, parties must first attempt to resolve it through good faith negotiations.
9.2 If unresolved, disputes may be referred to mediation or the NSW Civil and Administrative Tribunal (NCAT) for consumer matters.
9.3 For claims under the ACL, you may contact the NSW Fair Trading for assistance.
10. Termination
10.1 Either party may terminate if the other breaches these Terms and fails to remedy within 14 days' notice.
10.2 Upon termination, you must pay for all Services provided up to that date.
11. General Provisions
11.1 These Terms constitute the entire agreement and supersede any prior understandings.
11.2 We may amend these Terms with 30 days' notice. Continued engagement after notice constitutes acceptance.
11.3 If any provision is invalid, the remainder remains enforceable.
11.4 These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. Parties submit to the non-exclusive jurisdiction of NSW courts.
Contact Us
For questions or notices
Terence Gerard Ryan Pty Ltd
T/A Instinct Plumbing
Email: info@instinctplumbing.com.au
Phone: 0498 222 141
Last updated: September 16, 2025