Terms and Conditions

1. Definitions

1.1  “Accessible Bathrooms”, “we”, “us” or “our” means Accessible Bathrooms Pty Ltd (ABN 97 691 015 246), the holder of an appropriate licence with the authorised governing and licensing bodies, and its successors and assigns.

1.2  “Client” means the Client named in any quotation, invoice, work authorisation or other work commencement form, or any person acting on behalf of and with the authority of the Client.

1.3  “Guarantor” means that person (or persons) or entity who agrees to be liable for the debts of the Client on a principal debtor basis.

1.4  “Goods” means all goods, materials, fixtures and fittings supplied by Accessible Bathrooms to the Client.

1.5  “Services” means all services supplied by Accessible Bathrooms to the Client, including any advice or recommendations, and where the context so permits includes the supply of Goods.

1.6  “Goods and Services” means the Goods and the Services together.

1.7  “Price” means the cost of the Goods and Services as agreed between Accessible Bathrooms and the Client, subject to clause 4 of these terms and conditions.

1.8  “Site” means the place or places where the Client’s work will be carried out.

1.9  “ACL” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. Quotation and Acceptance

2.1  Any instructions received by Accessible Bathrooms from the Client for the supply of Goods and Services, and/or the Client’s acceptance of Goods and Services supplied by Accessible Bathrooms, shall constitute acceptance of the terms and conditions contained herein.

2.2  Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

2.3  Upon acceptance of these terms and conditions by the Client, the terms and conditions are binding and can only be rescinded in accordance with these terms and conditions or with the written consent of Accessible Bathrooms.

2.4  To the extent permitted by law, none of Accessible Bathrooms’ agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by Accessible Bathrooms in writing, nor is Accessible Bathrooms bound by any such unauthorised statements. Nothing in this clause limits any rights the Client may have under the ACL in respect of misleading or deceptive conduct.

2.5  The Client shall give Accessible Bathrooms not less than fourteen (14) days’ prior written notice of any proposed change in the Client’s name and/or any other change in the Client’s details (including but not limited to changes in the Client’s address or business practice).

3. Goods and Services

3.1  The Goods and Services are as described on the invoices, quotation, work authorisation or any other work commencement forms provided by Accessible Bathrooms to the Client.

4. Price and Payment

4.1  At Accessible Bathrooms’ sole discretion, the Price shall be either:

(a)  as indicated on invoices provided by Accessible Bathrooms to the Client in respect of Goods and Services supplied; or

(b)  as set out in a quotation. Unless otherwise agreed in writing, all quotations given by Accessible Bathrooms are valid for thirty (30) days only.

4.2  Any variation from the scope of scheduled works or specifications will be charged based on Accessible Bathrooms’ quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at the time of their completion.

4.3  All works will be performed by Accessible Bathrooms during business hours, Monday to Friday 7.30am to 4.00pm, at a minimum charge of one (1) hour at no less than $140.00 ex GST unless otherwise stated in the Client’s job order. Prices are quoted on the basis that works will be performed during the business hours referred to in this clause. Work required by the Client, or otherwise necessitated, outside of these hours may increase the quoted price.

4.4  A minimum charge of two (2) hours applies to any unscheduled attendance outside normal business hours of Monday to Friday 7.30am to 4.00pm, including NSW public holidays.

4.5  At Accessible Bathrooms’ sole discretion, payment for approved Clients shall be made by instalments in accordance with Accessible Bathrooms’ delivery/payment schedule.

4.6  At Accessible Bathrooms’ sole discretion, for certain approved Clients, payment will be due on completion of works unless otherwise agreed and documented by both the Client and Accessible Bathrooms. This will be stated on the invoice, quotation or other order forms. If no time is stated, payment shall be due on delivery of the Goods and Services.

4.7  Payments are to be made by EFT (Electronic Funds Transfer) directly to the Accessible Bathrooms Pty Ltd bank account, or by Visa, Mastercard or debit card, or by any other method as agreed between the Client and Accessible Bathrooms. American Express is not accepted.

4.8  A credit card surcharge may apply in line with the relevant bank or merchant charges.

4.9  In the event of a dispute, the complete undisputed portion of the Services (as determined by Accessible Bathrooms acting reasonably) must be paid in accordance with the payment terms set out in these terms.

4.10  In the event that the Client fails to make any payment by the due date, all monies owing to Accessible Bathrooms will become immediately due and payable, and Accessible Bathrooms may in its discretion:

(a)  cease Services, or withhold delivery of Goods and Services, until all monies have been paid in full;

(b)  engage any debt collection service or person, or initiate legal proceedings, to recover all outstanding monies; and/or

(c)  exercise all or any of its rights or powers of recovery or sale as provided for under these terms.

4.11  Interest on overdue amounts may be charged at a rate of 10% per annum, calculated daily on a simple interest basis from the due date until the date of payment, and the Client is liable for, and expressly undertakes to pay, all such interest.

4.12  Unless expressly stated otherwise, all pricing is presented exclusive of GST and other applicable taxes and duties.

5. Variations

5.1  Any requested variations, alterations or modifications to the Services ordered by the Client must be put to Accessible Bathrooms in writing.

5.2  Accessible Bathrooms in its absolute discretion may decide to accept or reject the variation, alteration or modification and will notify the Client of its decision.

5.3  Where Accessible Bathrooms rejects any requested variation, alteration or modification, and has undertaken, ordered or prepared Goods and Services, the Client will be required to accept the Goods and Services and pay Accessible Bathrooms in accordance with the original quotation.

5.4  Where any requested variation, alteration or modification is accepted, the original price quoted will be amended to reflect any consequential adjustment to the Price.

6. Delivery of Goods and Services

6.1  Delivery of the Goods and Services shall be made to the Client’s address or the Site. The Client shall make all arrangements necessary to take delivery of the Goods and Services whenever they are tendered for delivery.

6.2  Accessible Bathrooms may deliver the Goods and Services by separate instalments in accordance with the agreed delivery schedule. Each separate instalment shall be invoiced and paid for in accordance with the provisions of these terms.

6.3  Delivery of the Goods and Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

6.4  The Client shall take delivery of the Goods tendered notwithstanding that the quantity so delivered is either greater or less than the quantity purchased, provided that:

(a)  such discrepancy in quantity does not exceed 5%; and

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

6.5  Any delivery or completion dates provided by Accessible Bathrooms are estimates only. A failure to deliver by an estimated date shall not of itself entitle either party to treat this contract as repudiated. However, if delivery is delayed by more than thirty (30) days for reasons within Accessible Bathrooms’ reasonable control, the Client may cancel the affected order by written notice and receive a refund of any amounts paid for Goods and Services not provided.

6.6  Accessible Bathrooms shall not be liable for any loss or damage due to delay or failure to deliver the Goods and Services (or any of them) where the delay or failure arises from causes beyond its reasonable control. Nothing in this clause excludes any liability or guarantee that cannot be excluded at law, including under the ACL.

6.7  The Client shall ensure that Accessible Bathrooms has clear and free access to the Site at all times to enable it to undertake the works. Accessible Bathrooms shall not be liable for any loss or damage to the Site (including, without limitation, damage to pathways, driveways and concreted, paved or grassed areas) unless due to the negligence of Accessible Bathrooms.

7. Delay in Services

7.1  Should the Services at the Site be delayed for reasons beyond Accessible Bathrooms’ reasonable control, including occasions where Accessible Bathrooms encounters Unfavourable Soil (as defined in clause 18), then:

(a)  Accessible Bathrooms may recover the reasonable costs of such delay from the Client, to the extent those costs are genuinely incurred as a result of the delay;

(b)  where the delay is caused by the Client, the Client shall indemnify Accessible Bathrooms for the reasonable increased costs, losses or expenses arising from that delay, but only to the extent the delay was caused by the Client; and

(c)  to the extent permitted by law, Accessible Bathrooms will not be liable for any loss or damage incurred by the Client (or any other party) arising from delay beyond Accessible Bathrooms’ reasonable control.

8. Risk

8.1  If Accessible Bathrooms retains property in the Goods, nonetheless all risk in the Goods passes to the Client on delivery.

8.2  If any of the Goods are damaged or destroyed prior to property passing to the Client, Accessible Bathrooms is entitled, without prejudice to any of its other rights or remedies under these terms (including the right to receive payment of the balance of the Price), to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the contract. The production of these terms and conditions by Accessible Bathrooms is sufficient evidence of Accessible Bathrooms’ rights to receive the insurance proceeds without the need for any person dealing with Accessible Bathrooms to make further enquiries.

9. Defects and Returns

9.1  The Client shall inspect the Goods and Services on delivery and shall, on completion, notify Accessible Bathrooms of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Accessible Bathrooms an opportunity to inspect the Goods and Services within a reasonable time following delivery if the Client believes the Goods and Services are defective in any way. Nothing in this clause limits the Client’s rights under the ACL or the Home Building Act 1989 (NSW).

9.2  For defective Goods, which Accessible Bathrooms has agreed in writing the Client is entitled to reject, Accessible Bathrooms’ liability is limited to either (at Accessible Bathrooms’ discretion) replacing the Goods or repairing the Goods, except where the ACL provides otherwise, and provided that:

(a)  the Client has complied with the provisions of clause 9.1;

(b)  Accessible Bathrooms will not be liable for Goods which have not been stored or used in a proper manner; and

(c)  the Goods are returned in the condition in which they were delivered, with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

10. Warranty

10.1  For Goods not manufactured by Accessible Bathrooms, the warranty shall be the current warranty provided by the manufacturer of the Goods. Subject to clause 11 and any non-excludable rights of the Client at law, Accessible Bathrooms shall be under no additional liability except as detailed and stipulated in the manufacturer’s warranty.

10.2  Any warranty as to Goods installed by Accessible Bathrooms shall include the written warranty provided by the manufacturer to the Client on or before installation of the Goods.

10.3  Accessible Bathrooms reserves the right to void any warranty given by it (but not any statutory warranty or guarantee that cannot be excluded) should the Goods or any part of the works be modified, altered, damaged or put to any undue stress other than in the way the Goods or works were designed to perform.

10.4  Accessible Bathrooms warrants that Goods supplied shall be of acceptable quality provided that the Goods are used for their intended purpose. Where the Goods are used contrary to any reasonable instructions provided by Accessible Bathrooms, any warranty given by Accessible Bathrooms (other than a non-excludable statutory warranty or guarantee) is excluded.

10.5  Accessible Bathrooms will make good any damage to the Site or any part thereof caused by any negligent act or omission of Accessible Bathrooms.

10.6  For residential building work in New South Wales, the statutory warranties set out in section 18B of the Home Building Act 1989 (NSW) are implied into this agreement and apply in addition to any other warranty, including warranties that the work will be done with due care and skill, in accordance with the plans and specifications, with materials that are good and suitable for the purpose, in accordance with law, with due diligence and within the time stipulated (or a reasonable time), and that the work and any dwelling will be reasonably fit for occupation or the specified purpose. Nothing in these terms excludes, restricts or modifies those statutory warranties.

11. Australian Consumer Law and Home Building Act 1989 (NSW)

11.1  Nothing in this agreement is intended to have the effect of excluding, restricting or modifying any applicable provisions of the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, the Fair Trading Act 1987 (NSW), or the Home Building Act 1989 (NSW), except to the extent permitted by those Acts.

11.2  Where the Client acquires Goods or Services as a consumer within the meaning of the ACL, the Client has the benefit of certain guarantees which cannot be excluded, and nothing in these terms limits those guarantees. Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law.

11.3  For residential building work, any deposit and progress payments will be requested in accordance with the Home Building Act 1989 (NSW) and the Home Building Regulation 2014 (NSW), including the maximum deposit of 10% of the contract price for contracts over $20,000.

11.4  For residential building work valued over $20,000, Accessible Bathrooms will not request or accept a deposit or any progress payment until the Client has been given a certificate of insurance under the Home Building Compensation scheme (Part 6 of the Home Building Act 1989 (NSW)), except as permitted by that Act.

11.5  For residential building work valued over $5,000, these terms and conditions operate together with, and subject to, a written contract that complies with the Home Building Act 1989 (NSW). Accessible Bathrooms will provide the Client with a copy of the NSW Fair Trading Consumer Building Guide before entering into a home building contract. If there is any inconsistency between these terms and the requirements of the Home Building Act 1989 (NSW), the Act prevails to the extent of the inconsistency.

12. Default and Consequences of Default

12.1  Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment, at a rate of 10% per annum calculated on a simple interest basis, and shall accrue at such rate after as well as before any judgment.

12.2  If the Client defaults in payment of any invoice when due, the Client shall indemnify Accessible Bathrooms from and against Accessible Bathrooms’ reasonable costs and disbursements of recovery, including reasonable legal costs and collection agency costs.

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

12.4  If any account remains unpaid at the end of the second month after supply of the Goods and Services, an administration fee of $50.00 may be charged to reflect the reasonable costs of administering the overdue account, which sum shall become immediately due and payable.

12.5  In the event that:

(a)  any money payable to Accessible Bathrooms becomes overdue, or in Accessible Bathrooms’ reasonable opinion the Client will be unable to meet its payments as they fall due; or

(b)  the Client becomes insolvent, convenes a meeting with its creditors, proposes or enters 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 Client or any asset of the Client,

then, without prejudice to Accessible Bathrooms’ other remedies at law:

(d)  Accessible Bathrooms shall be entitled to cancel all or any part of any order of the Client which remains unperformed, in addition to and without prejudice to any other remedies; and

(e)  all amounts owing to Accessible Bathrooms shall, whether due for payment or not, immediately become payable, in addition to the interest payable under clause 12.1.

13. Title

13.1  It is the intention of Accessible Bathrooms, and agreed by the Client, that property in the Goods shall not pass until:

(a)  the Client has paid all amounts owing for the Goods; and

(b)  the Client has met all other obligations due by the Client to Accessible Bathrooms in respect of all contracts between Accessible Bathrooms and the Client, and that where practicable the Goods shall be kept separate until Accessible Bathrooms has received payment and all other obligations of the Client are met.

13.2  Receipt by Accessible Bathrooms 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, and until then Accessible Bathrooms’ ownership of and rights in respect of the Goods shall continue.

13.3  It is further agreed that until such time as ownership of the Goods passes from Accessible Bathrooms to the Client:

(a)  Accessible Bathrooms may give notice in writing to the Client to return the Goods or any of them to Accessible Bathrooms. Upon such notice, the rights of the Client to obtain ownership or any other interest in the Goods shall cease;

(b)  Accessible Bathrooms shall have the right of stopping the Goods in transit whether delivery has been made or not;

(c)  if the Client fails to return the Goods to Accessible Bathrooms, then Accessible Bathrooms or its agent may, to the extent permitted by law, enter upon land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods;

(d)  the Client is only a bailee of the Goods, and until such time as Accessible Bathrooms has received payment in full for the Goods, the Client shall hold any proceeds from the sale or disposal of the Goods on trust for Accessible Bathrooms;

(e)  the Client shall not deal with the money of Accessible Bathrooms in any way which may be adverse to Accessible Bathrooms;

(f)  the Client shall not charge the Goods in any way, nor grant nor otherwise give any interest in the Goods, while they remain the property of Accessible Bathrooms;

(g)  Accessible Bathrooms may require payment of the Price or the balance of the Price due, together with any other amounts due from the Client to Accessible Bathrooms arising out of these terms and conditions, and may take any lawful steps to require payment of the amounts due;

(h)  Accessible Bathrooms can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and

(i)  if the Goods are converted into other products, the parties agree that Accessible Bathrooms will be the owner of the end products.

14. Security and Charge

14.1  This clause 14 applies only to Clients granted a commercial credit account by Accessible Bathrooms. It does not apply to Clients who are consumers within the meaning of the ACL, or to residential building work within the meaning of the Home Building Act 1989 (NSW).

14.2  Where this clause applies, and despite anything to the contrary contained herein, or any other rights which Accessible Bathrooms may have:

(a)  where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or other asset to Accessible Bathrooms or its nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that Accessible Bathrooms (or its nominee) shall be entitled to lodge, where appropriate, a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met;

(b)  should Accessible Bathrooms elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify Accessible Bathrooms from and against all of its costs and disbursements, including legal costs on a solicitor and own client basis; and

(c)  to give effect to the provisions of clauses 14.2(a) and (b), the Client and/or the Guarantor (if any) hereby irrevocably nominate, constitute and appoint Accessible Bathrooms or its nominee as the Client’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registrable or not), including such other terms and conditions as Accessible Bathrooms and/or its nominee shall think fit in its absolute discretion, against the joint and/or several interest of the Client and/or the Guarantor in any land, realty or asset in favour of Accessible Bathrooms, and in the Client’s and/or Guarantor’s name as may be necessary to secure the Client’s and/or Guarantor’s obligations and indebtedness to Accessible Bathrooms, and further to do and perform all necessary and other acts, including instituting any necessary legal proceedings, and to execute all or any documents in Accessible Bathrooms’ absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.

15. Cancellation

15.1  Accessible Bathrooms may cancel these terms and conditions, or cancel delivery of Goods and Services, at any time before the Goods and Services are delivered, by written notice, where:

(a)  the Client fails to make a payment when due;

(b)  the Client fails to provide clear and safe access to the Site;

(c)  any of the events in clause 12.5(a) to (c) occur; or

(d)  circumstances beyond Accessible Bathrooms’ reasonable control make performance impossible or impracticable.

15.2  If Accessible Bathrooms cancels under clause 15.1(d), it will refund to the Client any amounts paid for Goods and Services not provided. To the extent permitted by law, Accessible Bathrooms shall not otherwise be liable for loss or damage arising from cancellation under clause 15.1.

15.3  The Client may cancel these terms and conditions, or cancel delivery of Goods and Services, at any time before delivery by giving written notice. If the Client cancels, the Client shall be liable for the reasonable costs actually incurred by Accessible Bathrooms up to the time of cancellation, including Goods ordered or works performed on the Client’s behalf.

15.4  Nothing in this clause limits any right the Client has to terminate under the Home Building Act 1989 (NSW), the ACL or any written building contract between the parties.

16. Privacy Act 1988 (Cth)

16.1  The Client and/or the Guarantor(s) agree that Accessible Bathrooms may obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor(s) in relation to credit provided by Accessible Bathrooms.

16.2  The Client and/or the Guarantor(s) agree that Accessible Bathrooms may exchange information about the Client and Guarantor(s) with those credit providers named in the application for a credit account, or named in a consumer credit report issued by a credit reporting agency, for the following purposes:

(a)  to assess an application by the Client;

(b)  to notify other credit providers of a default by the Client;

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

(d)  to assess the creditworthiness of the Client and/or Guarantor(s).

16.3  The Client consents to Accessible Bathrooms being given a consumer credit report to collect overdue payment on commercial credit in accordance with the Privacy Act 1988 (Cth).

16.4  The Client agrees that personal information provided may be used and retained by Accessible Bathrooms for the following purposes, and for other purposes as agreed between the Client and Accessible Bathrooms or as required by law from time to time:

(a)  provision of Goods and Services;

(b)  marketing of Goods and Services by Accessible Bathrooms, its agents or distributors;

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

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

(e)  enabling the daily operation of the Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods and Services.

16.5  Accessible Bathrooms may give information about the Client to a credit reporting agency for the following purposes:

(a)  to obtain a consumer credit report about the Client; and/or

(b)  to allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

17. Building and Construction Industry Security of Payment Act 1999 (NSW)

17.1  If there are any disputes or claims for unpaid Goods and/or Services, then the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) may apply.

17.2  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 Payment Act 1999 (NSW), except to the extent permitted by that Act.

18. Excavation

18.1  Unless otherwise stated in writing by Accessible Bathrooms, the cost or quoted price in respect of all digging, excavation, dewatering and similar works (“Excavation Works”) is based on the soil or ground being clean and not dense (e.g. clay soil) or rocky (“Unfavourable Soil”).

18.2  If Accessible Bathrooms encounters Unfavourable Soil whilst undertaking the Services, then Accessible Bathrooms may:

(a)  delay or extend the date that the Services are due to be completed; and/or

(b)  charge an additional fee or cost to cover the additional work and time required to undertake the Services (including the Excavation Works).

19. Excavation and Concrete Works

19.1  Unless otherwise stated in writing by Accessible Bathrooms, the cost to undertake:

(a)  Excavation Works;

(b)  concrete cutting, drilling or similar works (“Concrete Works”); or

(c)  the reinstatement of driveways, footpaths, court paving, gardens, lawns and similar areas,

will be in addition to the price quoted in any job order.

19.2  Any quoted price in respect of Concrete Works is based on a concrete thickness of 150mm. If Accessible Bathrooms encounters a concrete thickness of greater than 150mm whilst undertaking Concrete Works, then Accessible Bathrooms may (in its sole discretion) charge an additional fee or cost to cover the additional work, equipment or time required to undertake such Concrete Works.

20. Drains and Sewer

20.1  The Client acknowledges that:

(a)  the presence of plant or tree root growth within pipes or drains, or blocked, broken or restricted pipes or drains (“Damaged Pipes”), may indicate that such pipes or drains are damaged;

(b)  Damaged Pipes cannot be permanently fixed by cleaning the Damaged Pipes or removing or dislodging plant or tree root growth or other items which are causing restriction or blockage within Damaged Pipes;

(c)  the Client is liable to pay Accessible Bathrooms if Accessible Bathrooms (acting reasonably) is unable to unblock Damaged Pipes; and

(d)  subject to any non-excludable rights at law, Accessible Bathrooms provides no warranty in respect of Services undertaken to unblock or clean Damaged Pipes, including (but not limited to) future or additional blockages or restrictions located within Damaged Pipes that Accessible Bathrooms has attempted to unblock or clean.

20.2  The Client further acknowledges that:

(a)  closed-circuit television equipment, drainage cameras and other pipe inspection equipment (“Specialised Pipe Equipment”) may be used by Accessible Bathrooms in its sole discretion to locate the cause of Damaged Pipes; and

(b)  Accessible Bathrooms may charge an additional fee or cost if Specialised Pipe Equipment is used.

21. Buried or Unseen Services

21.1  The Client will indemnify Accessible Bathrooms and keep Accessible Bathrooms indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged, except to the extent caused by the negligence of Accessible Bathrooms. Accessible Bathrooms will not be liable for any repair work in such circumstances, and any repair work required will be at the Client’s expense. Such liability, loss, claims or proceedings include but are not limited to:

(a)  damage to property, real or personal;

(b)  death or personal injury; and

(c)  consequential or economic loss of any kind.

22. General

22.1  The failure of a party at any time to insist on performance of any obligation under these terms is not a waiver of its right to insist on performance of that obligation, or to claim damages, unless that party acknowledges in writing that the failure is a waiver.

22.2  If any provision of these terms and conditions is held to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

22.3  These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the jurisdiction of the courts of New South Wales.