Terms & Conditions

KitchenWorx (WaterWorx OnCall PTY LTD)

Terms & Conditions

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1. Definitions​

1.1 Customer-supplied equipment means any equipment supplied by you, your franchisor, builder, landlord, or a third party (including items delivered to our warehouse for forwarding and/or installation).
1.2 Services include receiving, handling, delivery coordination, unpacking, positioning, installation, connection, testing and commissioning of customer-supplied equipment, repairs, preventative maintenance, and related trade works within the quoted scope.
1.3 Incidental goods means parts and materials supplied by us in connection with services, including (without limitation) PLVs/valves, hoses, fittings, pipework, cabling/accessories, fixings, sealants, fasteners, consumables and minor replacement parts.
1.4 Custom-fabricated items include any made-to-order stainless steel items manufactured specifically for your site or requirements (e.g., splashbacks, benches, brackets, infill panels, trims, transitions).
1.5 Site means the location where the services are to be performed.

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2. Quote validity and acceptance​

2.1 Quotes are valid for 30 days unless stated otherwise.
2.2 Quotes may be withdrawn prior to acceptance.
2.3 You accept a quote (and these Terms) by any method described at the top of this document.
2.4 Any customer terms that conflict with these Terms are excluded unless we agree in writing.

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3. Scope of works​

3.1 Our pricing is based strictly on the scope, assumptions and exclusions stated in the quote.
3.2 Any work not expressly included is excluded.

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4. Exclusions​

Unless expressly included, exclusions include (without limitation): building works, cabinetry alterations, core drilling, concrete cutting, switchboard upgrades, upgrades to gas/water/waste/power capacity, ventilation/hood compliance rectification, fire services, permits/approvals, traffic control, access equipment, after-hours works, and making good (patching/painting/tiling).

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5. Variations and additional charges

5.1 Any change to scope, unexpected site conditions, missing components, incompatibility, or additional troubleshooting/rectification is a variation.
5.2 Variations may be charged as a fixed price or time and materials and may include re-attendance, waiting time, additional labour, materials, freight or hire equipment.
5.3 Where urgent circumstances prevent prior written approval, you authorise reasonable variations required for safety, compliance, or preventing damage. We will communicate as soon as practicable.

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6. Site readiness, access and customer responsibilities

6.1 You must ensure the site is ready and safe at the agreed time, including clear access to work areas and equipment locations.
6.2 You must ensure required services are available, accessible, compliant and suitable for the equipment and our scope (including power, isolators, gas, water, waste, ventilation/hood operation, shut-off valves and test points where applicable).
6.3 If we cannot proceed due to restricted access, unsafe conditions, incomplete works by others, or services not ready/compliant, we may charge reasonable costs for waiting time, rescheduling and re-attendance.

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7. Customer-supplied equipment

7.1 You are responsible for ensuring customer-supplied equipment is correct, complete, and compatible with site services.
7.2 We are not responsible for manufacturing defects, missing components, incorrect items supplied, latent faults, or transit damage occurring before our receipt.
7.3 We will take reasonable care when handling customer-supplied equipment. To the maximum extent permitted by law, we are not liable for damage to customer-supplied equipment unless caused by our negligence, and any liability is subject to clause 16.
7.4 A statement that equipment “worked before” does not confirm suitability for the site, services, compliance requirements, or ongoing performance after installation/connection.
7.5 If commissioning cannot be completed due to site/service issues or equipment faults outside our control, re-attendance may be chargeable.

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8. Warehouse receiving and storage (customer-supplied equipment)

8.1 Where customer-supplied equipment is delivered to our warehouse, you must provide delivery details and required dates in writing.
8.2 Unless otherwise agreed in writing, we provide up to 4 weeks storage from date of receipt. After 4 weeks, we may, at our discretion, charge storage and handling fees (and we will communicate this to you).
8.3 You remain responsible for insurance of customer-supplied equipment while stored and during transit arranged by you or third parties. We will take reasonable care while equipment is in our possession but are not liable for loss or damage caused by events outside our reasonable control.

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9. Latent conditions and pre-existing site issues

9.1 Our quote assumes existing services and infrastructure are in sound condition and suitable.
9.2 We are not responsible for rectifying pre-existing defects or latent conditions (including blocked waste, insufficient pressure/flow, undersized gas lines, faulty power points, non-compliant hoods/ventilation, failed isolators, leaks, corrosion, or previous non-compliant work by others).
9.3 Troubleshooting and rectification outside the quoted scope will be treated as a variation.

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10. Scheduling and delays

10.1 Dates are estimates unless expressly guaranteed in writing.
10.2 We are not liable for delays outside our control (including supplier delays, site readiness, builder/landlord delays, access restrictions, authority requirements, weather, emergencies, industrial action).
10.3 Where delays occur, you agree to reasonable extensions of time and associated costs where applicable.

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11. Pricing and GST

11.1 Unless stated otherwise, prices are exclusive of GST. GST will be added as required.
11.2 If supplier costs, freight, or statutory charges increase after the quote date (and before procurement of incidental goods or custom-fabricated items), we may adjust pricing to reflect the increase.

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12. Payment terms

12.1 Payment terms are as stated on the quote/invoice. If not stated, payment is due 7 days from invoice date, unless agreed otherwise in writing.
12.2 We may require deposits and/or progress payments and/or payment prior to dispatch/installation/commissioning.
12.3 If amounts are overdue, you agree to pay our reasonable costs of recovery, including administration time, debt collection fees, and legal costs on a solicitor-client basis (where permitted).
12.4 We may suspend works, commissioning, delivery or re-attendance until overdue amounts are paid.
12.5 You must not withhold payment by way of set-off unless required by law or agreed in writing.

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13. Retention of title and PPSA (incidental goods and custom-fabricated items)

13.1 Title to incidental goods and custom-fabricated items supplied by us remains with us until all amounts owing are paid in full.
13.2 Risk passes on delivery/collection (to the extent permitted by law).
13.3 You grant us the right to register a security interest under the PPSA and agree to do what is reasonably required to give effect to that security interest.

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14. Custom-fabricated stainless steel items

14.1 Custom-fabricated items are made to order and manufactured to specifications/measurements and/or drawings approved by you (where issued).
14.2 Once approval is provided and/or fabrication has commenced, changes/cancellations may not be possible and may incur additional costs.
14.3 Custom-fabricated items are non-refundable except to the extent required by law.
14.4 If site conditions differ from what was measured/advised (or access is restricted), modifications/rework/re-installation may be charged as a variation.

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15. Warranties

15.1 Manufacturer warranties apply to customer-supplied equipment (where applicable) subject to the manufacturer’s terms and your supplier relationship.
15.2 Our workmanship warranty for services is 3 months from completion unless stated otherwise, limited to rectifying defects in our workmanship.
15.3 Warranties do not cover faults caused by misuse, lack of maintenance, incorrect operation, water quality, power supply issues, ventilation/hood issues, unauthorised repairs, modifications, or works performed by others.

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16. Limitation of liability

16.1 To the maximum extent permitted by law, we are not liable for indirect or consequential loss (including loss of profit, revenue, business interruption, or loss of use).
16.2 Our total liability (in contract, tort, negligence or otherwise) is limited to the amount paid by you to us for the specific services and/or incidental goods and/or custom-fabricated items giving rise to the claim.
16.3 Nothing excludes rights under the Australian Consumer Law that cannot be excluded.

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17. Safety, documentation and subcontractors

17.1 We may refuse to commence or suspend works if conditions are unsafe or unsafe practices are occurring. If suspended for safety reasons outside our control, you agree to pay for services performed to date and any re-attendance/rescheduling costs.
17.2 You authorise us to take site photos/documentation for QA, compliance evidence, commissioning records and dispute resolution. We will not use identifiable customer/site information for marketing without permission.
17.3 We may use qualified employees and/or subcontractors to perform all or part of the services.

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18. Cancellation

18.1 If you cancel before we commence on site, we will not charge labour except committed costs already incurred or reasonably committed in reliance on your acceptance (including custom fabrication, ordered parts/fittings, supplier fees, freight, and non-refundable third-party deposits).
18.2 If you cancel after commencement, you must pay for services performed to date (including mobilisation/attendance/waiting time) plus committed costs. Deposits may be applied against amounts payable.

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19. Disputes

19.1 Disputes must first be addressed in good faith via a management-level discussion before proceedings (except urgent safety issues, injunctive relief or debt recovery).

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20. Governing law (Australia-wide)

20.1 These Terms are governed by the laws of the State/Territory where the services are performed (or where the majority of services are performed if across multiple States/Territories). The parties submit to the non-exclusive jurisdiction of the courts of that State/Territory.