Terms & Conditions

High-Quality
Leak Detection Services
in Melbourne

Terms & Conditions

1. INTERPRETATION
In these conditions:-
(a) “Company” means AQUA LD – ABN 75 805 564 721 its successors and assigns and any person acting on behalf of and with the authority of AQUA LD.
(b) “Client” means those requiring performance of the Works and includes their representative/s, agent/s or employee/s.
(c) “Works” means those services and materials to be supplied and carried out by the Company.
(d) “Contract” means agreement between the Company and the Client including but not limited to the terms and conditions herein and the quote submitted to the Client by the Company prior to commencement of the works.

2. CUSTOMER AUTHORISATION AND ACCEPTANCE
(a) The Client warrants that they are duly authorised to engage the Company to undertake the Works.
(b) Any signatory for a proprietary limited company is personally liable for the Client’s obligations as if the signatory is the proprietary limited company.
(c) The Client accepts the Contract by:
(i) signing and returning a true copy of the quotation (a signed facsimile or scanned copy of the quotation will be binding for the purposes of these terms and conditions); or
(ii) instructing the Company to proceed with the works in writing; or
(iii) by orally instructing the Company to proceed with the works; or
(iv) by paying the deposit or full amount regardless of whether any of the steps in 2(c) (i) – (iii) herein have or have not been taken.
(d) The date of acceptance is the date the Client takes any or all of the steps in 2(c) (i) – (iv) herein.
(e) The Company need not commence work until the quote has been accepted by the Client this includes payment of the deposit or the full amount as required by the Company.
(f) Quotations are valid for thirty (30) days only, unless an extension has been authorised by the Company.
(g) In acceptance of the quotation, the Customer warrants that it has not relied on any representation by the Company other than the written or verbal quotation.

3. CANCELLATION BY THE CLIENT
(a) The Client agrees to reimburse the Company for any costs, expenses and losses incurred by the Company if the Client cancels the Contract. These costs, expenses and losses may include, but are not limited to, administrative fees (limited to $195 inclusive of GST), cost of any materials purchased on behalf of the Client for the purposes of completing the Works, third party contractor fees to prepare, commence or complete Works, travel expenses incurred and any other reasonable costs incurred by the Company in the course of performing or preparing to perform Works as requested by the Client.
(b) The Company is entitled to retain any part or the whole of the Client’s deposit as reimbursement of the Company’s costs, expenses and losses.
(c) If the Company’s costs, expenses and losses exceed the quantum of the deposit the Company is entitled to recover the excess from the Client and the Company will serve notice on the Client specifying the amount payable and the Client shall reimburse the Company within seven (7) days of the date of the notice.
(e) If the Client fails to pay the amount specified in the notice within the timeframe allowed in condition 3(c) the Company will be entitled to commence legal proceedings to recover the amount despite condition 15 herein.
(f) Pre-existing leaks may leak when carrying out the leak detection process. The Company does not take responsibility for any damage caused during the leak detection process to any fixtures, ceilings, walls, areas of the building and, but not limited to, any property, items, furniture and any other areas within or around a building as a result of water testing pre-existing leaks.
(i) Refund will be made to the Client if the Company has failed to provide the report within 60 days. The Client needs to advise the Company if a report is missing or not provided during the 60 days (via email).

4. PAYMENT
(a) Any invoice balances must be paid on the day of completion of all works by the Client to the Company.
(b) Title of goods do not transfer to the Client until the balance of all outstanding invoices is paid for in full to the Company.

5. SECURITY OF PAYMENT LEGISLATION
Despite any provision in this Contract the Company is entitled if they elect to make and pursue payment claims under and in accordance with the provisions of the Building and Construction Industry Security of Payment Act 2002.

6. REPORTS
(a) All reports, findings and readings are based on instrumental findings by the Companies representative and their instruments and cameras.
(b) The Company is not a repair or building company.
(c) The Company provides findings based on, but are not limited to, leaks, flow of water and temperatures of surface areas.
(d) The Client must ensure that surface areas are dry prior to engaging the Company in order to ensure instrumental and thermal imaging accuracy.
(e) The Companies written reports are based on representatives knowledge and experience. Facts are proven by actual photographs and all of the Companies reports are true to the representatives knowledge.
(f) Completion of some reports may take up to 7 business days depending on the complexity of the leak and the report.

7. ENFORCEABILITY
If any condition or any part of any condition is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the condition (or where possible, the offending part) is to be severed from this Contract without affecting the enforceability, validity or legality for the remaining conditions (or parts of those conditions) which will continue in full force and effect.

8. GOODS AND SERVICES TAX (GST)
Any references in the Contract to the Goods and Services Tax (GST) bear the same meanings as the meanings given in the A New Tax System (Goods and Services Tax) Act 1999.

10. GOVERNING LAWS
In all respects the Contract is governed and interpreted in accordance with the laws that apply in the State of Victoria.

11. NOTICES
Any notices, request or demand to be given pursuant to this Contract shall be given in writing and shall be sent to the party by way of post, fax or email. Notice by fax or email shall be deemed to be given on the day the fax or email is sent and notice by post shall be deemed to have been given on the day following that on which it was posted.

12. TERMINATION
This Contract can be terminated by the Company if the Client fails to comply with any of its obligations under this Contract.

13. NO WAIVER
(a) No right under this Contract is waived or deemed to be waived except by notice in writing signed by the party waiving the right.
(b) A waiver by one party under 13(a) herein does not prejudice its rights in respect of any subsequent breach of this Contract by the other party.
(c) A party does not waive its rights under this Contract because it grants an extension or forbearance to the other party.

Executed by AQUA LD – ABN 75 805 564 721)
in accordance with the Corporations Act 2001)
and/or the Company’s Constitution)

Aqua Leak Detection
PO Box 2002
Springvale South VIC 3172

SOME OF OUR CLIENTS