Terms & Conditions of Trade

Plumbing with Purpose Pty Ltd trading as Kiely Plumbing (ABN 38 671 345 341) (“Kiely Plumbing”, “we”, “us”, “our”). These Terms apply to the supply of goods and services by us to you, the customer.

Last updated: 17 July 2026

1. Definitions

1.1. “ACL” means the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth).

1.2. “Customer” or “you” means the person, firm or corporation (jointly and severally if more than one) requesting Goods or Services from us, and includes anyone acting with your authority.

1.3. “Goods” means any goods or materials supplied by us in connection with the Services.

1.4. “Services” means all services we supply, including plumbing, drainage, roofing and gas fitting work, and any advice or recommendations.

1.5. “Site” means the place where the Services are to be carried out.

1.6. “Price” means the total price payable for the Goods and Services, inclusive of GST unless we clearly state otherwise in writing to a business customer.

1.7. “Quote” means a written description of the Goods or Services to be provided and the Price or estimated Price for that work, and includes a fixed-price estimate or options presentation shown to you on our device.

1.8. “Schedule of Rates” means our published schedule of rates, available on our website.

1.9. “Business Hours” means 7:30am to 4:00pm Monday to Friday, excluding Tasmanian public holidays.

1.10. “Terms” means these terms and conditions.

2. Acceptance

2.1. You accept these Terms by doing any of the following: asking us to proceed with supplying Goods or Services; accepting a Quote verbally, in writing, by email, by SMS, through our online booking system, or on one of our devices — including by electronic signature or on-screen approval of an estimate or fixed-price options presented to you by our technician; or paying a deposit or invoice.

2.2. Where more than one Customer enters into a contract with us, each Customer is jointly and severally liable.

2.3. These Terms apply to all transactions between us relating to the Goods and Services, including all quotes and variations, and take precedence over any terms contained in your documents.

2.4. We may update these Terms from time to time. Updated Terms take effect for new engagements from the date they are published on our website — they do not change the terms of work already quoted or underway.

3. Residential building work over $20,000 (Tasmania)

3.1. Where the work is residential building work to which the Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas) applies (generally, residential building work — including plumbing, stormwater and sewerage — with a contract price over $20,000), we will enter into a separate written contract with you that complies with that Act, including the required statutory warranties, cooling-off period and deposit limits.

3.2. If there is any inconsistency between that contract and these Terms, that contract prevails.

4. Quotes and estimates

4.1. Quotes are based on the information available to us at the time and are valid for thirty (30) days from the date of issue, unless stated otherwise. After expiry we cannot guarantee the quoted price or availability.

4.2. Verbal or provisional estimates (including by phone, SMS, email or social media, based on your description) are indicative only and are not a Quote. They are subject to confirmation following on-site assessment.

4.3. We are not obliged to commence work until you have accepted the Quote and paid any required deposit.

4.4. We may decline to provide Services where required goods are unavailable, credit terms cannot be agreed, or amounts from previous work remain unpaid.

5. Pricing and fees

5.1. Wherever possible, work is billed at a fixed price presented to you before work commences — including fixed-price options presented on site by our technician. Where fixed pricing is not practicable for the work, it will be billed on an hourly-rate basis plus materials and equipment in accordance with our Schedule of Rates, and we will tell you this before starting.

5.2. Hourly-rate work is billed in minimum increments of fifteen (15) minutes after the first hour.

5.3. Fixed prices are inclusive of travel, service-related documentation and communication, and procurement of materials. On hourly-rate work these are itemised.

5.4. Additional fees apply for work performed outside Business Hours. These will be disclosed at the time of booking or before the work is done.

5.5. All prices quoted to consumers are inclusive of GST. Where we quote a business customer exclusive of GST, we will clearly say so and state the GST amount or the GST-inclusive total.

5.6. Attendance and assessment fee. For service and repair work we may charge an attendance and assessment fee, disclosed to you at the time of booking. This fee covers travelling to your Site, assessing or diagnosing the issue, and preparing fixed-price options for the work, and is payable whether or not you proceed with the quoted work. Where we tell you at booking that the fee will be credited toward the work if you proceed, it will be credited.

5.7. Where no attendance and assessment fee was disclosed at booking, and we attend a Site to provide a quote that requires investigative use of tools, diagnosis of a fault or preparation of a scope of works, and you choose not to proceed, we may charge for that attendance at our standard hourly rate — we will tell you before the attendance if this applies.

6. Deposits, payment and finance

6.1. We may require a deposit before commencing work. Where a deposit is required, payment of the deposit is a condition of commencement. For residential building work covered by clause 3, deposits will not exceed the limits set by the Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas).

6.2. For staged or larger works, we may issue progress claims for work completed. Progress claims are payable in accordance with their stated terms.

6.3. Unless otherwise stated on the invoice, payment is due within seven (7) days of the invoice date. For fixed-price service work accepted on site, payment is due on completion of the work unless we agree otherwise.

6.4. Payment may be made by any method we make available (including card, direct credit and BPAY).

6.5. Stored payment authority. You may authorise us — in writing or electronically, including by signing on our device or through our booking or payment system — to charge your nominated card or account: (a) on completion of the work; and/or (b) on the agreed schedule for a membership or service plan. We will issue an invoice or receipt for every charge, and each charge will match the accepted Quote, approved variation or plan schedule. You may withdraw a stored payment authority at any time by written notice; withdrawal takes effect for future charges once work already performed or benefits already provided have been paid for.

6.6. Where you have not given a stored payment authority, we will confirm each phone or stored-card transaction with you before processing it.

6.7. You may not set off against, or deduct from, the Price any amount you claim we owe you, except as required by law.

6.8. Finance. Payment plans or “buy now, pay later” arrangements may be available through third-party providers. Any finance is subject to the provider’s approval and their terms. We are not the credit provider and are not responsible for the provider’s decisions, fees, interest or terms, which are set out in your agreement with them. The Price remains as quoted regardless of payment method.

7. Variations and additional work

7.1. If a variation to the scope of work is required — whether requested by you, or reasonably necessary to complete the Services or make them compliant with law — we will notify you in writing (including by email, by SMS or on our device) describing the variation, its cost or estimated cost, and any change to the timeframe, before carrying it out wherever practicable.

7.2. A variation is accepted when you confirm it in writing, by electronic acknowledgement or signature (including on our device), or when you instruct us to continue after receiving the variation notice.

7.3. Unless expressly stated in the Quote, quoted works exclude excavation in rock or hard ground (including shale, basalt or other impenetrable material) and excavation deeper than 1.2 metres. These conditions constitute a variation and may involve additional cost or time, which we will notify to you under this clause before proceeding.

7.4. Additional charges may also apply where costs arise from incomplete or incorrect information you provide, from delayed access to the Site, or from government or council fees not included in the Quote. We will disclose these transparently before incurring them wherever practicable.

8. Timeframes and delivery

8.1. Any timeframe we give is an estimate made in good faith and, subject to your rights under the ACL, is not a fixed commitment. Weather, supply availability, emergency work and other circumstances can affect scheduling.

8.2. If we need to reschedule your booking, we will give you as much notice as reasonably possible.

8.3. If the Services are delayed by you or circumstances within your control, we may claim reasonable costs incurred as a result of the delay, notified to you under clause 7.

9. Cancellations

9.1. You may cancel a booking at no charge with more than twenty-four (24) hours’ notice.

9.2. If you cancel a booked onsite service with less than twenty-four (24) hours’ notice, we may charge a cancellation fee equal to the first hour of service at the rate applicable to your booking (or the disclosed attendance and assessment fee, whichever is lower), to cover the loss caused by the late cancellation.

9.3. If we cancel a booking (other than for your breach or a safety issue), we will give you reasonable notice, refund any deposit relating to work not performed, and will not charge you for the cancelled attendance.

9.4. For residential building work covered by clause 3, your statutory cooling-off rights apply in addition to this clause.

10. Your responsibilities

10.1. You warrant that you own the Site or are authorised to instruct us to carry out the Services there.

10.2. You must provide clear and safe access to the work areas, and electrical power and water supply where applicable.

10.3. A person authorised by you and aged at least 18 must be present at the property for the duration of onsite Services, unless we agree otherwise.

10.4. You must tell us in writing before work commences about any automatic fire or security alarm connected to third-party monitoring. If you do not, we are not liable for costs arising from its activation (including false-alarm fees), except where caused by our negligence.

10.5. You must give us complete and accurate information about the work required. Additional work arising from incomplete or inaccurate instructions may be charged under clause 7.

11. Waste and surplus materials

11.1. We will remove waste and debris generated by our work. We are not responsible for removing garbage or debris that did not result from our activities.

11.2. Unless you tell us otherwise in writing, we may collect and retain leftover materials from our work such as copper, brass and other metals.

12. Underground services

12.1. Before excavation we will take reasonable care to identify underground services, including using available service location information (such as Before You Dig Australia) where appropriate to the work.

12.2. You must tell us about any underground services, pipes, cables or structures on the Site that you know of or that a reasonable owner would know of.

12.3. We are not liable for damage to underground services that were not identified in available service plans, were incorrectly marked, or that you did not disclose — and any repair work required in those circumstances will be at your cost. This clause does not apply to the extent damage is caused by our negligence.

13. Drains, sewers and blockages

13.1. The presence of tree or plant roots, or recurring blockages, generally indicates damaged pipes. Clearing a blockage does not repair the underlying damage, so no warranty is given that a blockage will not recur — in the same location or elsewhere on the property — where the cause is pipe damage or root intrusion. We will always tell you what we found and what a permanent fix would involve.

13.2. CCTV drain inspection is specialist equipment used at our discretion or on request, and is charged in addition to blockage clearing unless included in your Quote. We will tell you the charge before using it.

13.3. If our equipment becomes lodged or is damaged because of the concealed condition of your drains or pipes (for example collapsed pipe, foreign objects or severe root intrusion), the reasonable cost of retrieval and repair will be charged to you. This does not apply where the loss is caused by our negligence.

14. Structures and making good

14.1. Some Services reasonably require cutting into or altering structures (for example cutting access openings in walls, floors or ceilings to reach concealed pipework). We will tell you before doing so wherever practicable.

14.2. We are responsible for carrying out any such work with due care and skill. We are not responsible for restoring finishes (such as plastering, tiling or painting) disturbed by access work reasonably necessary to perform the Services, unless included in your Quote. This clause does not limit our liability for damage caused by our negligence.

15. Title, risk and security

15.1. Risk in Goods passes to you on delivery to the Site.

15.2. Title in Goods does not pass to you until you have paid all amounts owing to us in full and cleared funds.

15.3. Until title passes, you hold the Goods as bailee for us, and we may register a security interest in the Goods (and their proceeds) under the Personal Property Securities Act 2009 (Cth). If amounts remain unpaid after their due date, we may, to the extent permitted by law, require return of the Goods.

16. Our workmanship warranty

16.1. We warrant our workmanship for twelve (12) months from the date of completion of the Services. If a defect in our workmanship appears within that period and you notify us, we will repair or remedy the defective work at no charge.

16.2. How to claim: contact Kiely Plumbing — Plumbing with Purpose Pty Ltd, 28 Wellington Street, South Burnie TAS 7320, phone (03) 6431 6992, email admin@kielyplumbing.com.au — describing the defect. We will arrange an inspection at a mutually convenient time. We bear the cost of attending, assessing and remedying valid workmanship claims. This warranty is provided in addition to your rights under the ACL.

16.3. Australian Consumer Law statement: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

16.4. This workmanship warranty does not cover defects or damage caused by: failure to properly maintain or service the Goods; use of the Goods contrary to our instructions or their intended application; continued use after a defect became apparent; work on the Goods or Services by anyone other than us; fair wear and tear; or events beyond our reasonable control. Nothing in this clause limits your rights under the ACL.

16.5. Goods not manufactured by us carry the manufacturer’s warranty, and we will reasonably assist you with manufacturer warranty claims for goods we supplied.

16.6. Future drain blockages are excluded from this warranty as set out in clause 13. Temporary roof repairs (where you have chosen a temporary solution and we have recorded it as such) are warranted only as a temporary measure, not as a permanent repair.

16.7. For residential building work covered by clause 3, the statutory warranties under the Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas) apply for the period set by that Act and prevail over this clause to the extent of any inconsistency.

17. Liability

17.1. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot be excluded.

17.2. Where our liability for breach of a consumer guarantee can lawfully be limited (for goods and services not of a kind ordinarily acquired for personal, domestic or household use), our liability is limited, at our option: for Services — to supplying the Services again, or paying the cost of having them supplied again; and for Goods — to replacing or repairing the Goods, supplying equivalent goods, or paying the cost of doing so.

17.3. Subject to clauses 17.1 and 17.2, our total aggregate liability arising out of or in connection with the Goods and Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the Price paid or payable for the work giving rise to the claim.

17.4. Subject to clause 17.1, neither party is liable to the other for loss of profit, loss of revenue or business interruption, except to the extent such loss is reasonably foreseeable loss recoverable under the ACL.

17.5. You indemnify us against claims, loss or damage arising from your breach of these Terms or your negligent acts or omissions, except to the extent caused or contributed to by us.

18. Default and consequences

18.1. Interest accrues daily on overdue amounts at the rate of ten percent (10%) per annum, calculated daily from the due date until payment.

18.2. If an account remains unpaid more than thirty (30) days after its due date, we may charge a fixed administration fee of $25 to cover our reasonable costs of following up the overdue account.

18.3. If you default in payment, you indemnify us for our reasonable costs of recovering the debt, including collection agency costs and legal costs reasonably incurred.

18.4. If you are in breach of these Terms (including payment obligations), we may suspend further work until the breach is remedied. We will not be liable for loss caused by a suspension exercised reasonably under this clause.

18.5. If you become insolvent or bankrupt, enter into an arrangement with creditors, or a receiver, manager or liquidator is appointed, all amounts owing to us become immediately payable and we may cancel any unperformed part of the work without liability, in addition to our other rights at law.

19. Security of payment

19.1. Where a payment dispute arises in relation to construction work, the Building and Construction Industry Security of Payment Act 2009 (Tas) may apply, and nothing in these Terms limits either party’s rights under that Act.

20. Guarantee (business accounts)

20.1. Where a guarantor has agreed in writing to guarantee the obligations of a business Customer, the guarantor guarantees payment of all amounts owing by the Customer as principal debtor, and we may recover from the guarantor without first exhausting our remedies against the Customer.

21. Phone recordings

21.1. We record incoming and outgoing phone calls for training, quality and record-keeping purposes. You will hear a recorded notice at the start of inbound calls, and our team will tell you at the start of outbound calls. If you do not consent, tell us and we will stop the recording and continue the call or offer an alternative contact method. Recordings are handled in accordance with our Privacy Policy and the Listening Devices Act 1991 (Tas).

22. Reviews and marketing

22.1. Intellectual property in materials we create in providing the Services (including reports, designs and CCTV footage) remains ours. We grant you a licence to use them for the purpose of receiving the Services.

22.2. If you post a review, testimonial or feedback about us, you keep ownership of it, and you grant us a non-exclusive, royalty-free, perpetual licence to reproduce it (including your first name and suburb) for marketing purposes. If you would like a review or photo taken down from our channels, contact us and we will action it.

22.3. We may photograph our work (before and after) for records, compliance and marketing. Photos used in marketing will not identify your address or include people without consent. See our Privacy Policy for details.

22.4. Reviews and testimonials reflect the experiences of the individuals who posted them and do not constitute a warranty or guarantee of any particular outcome.

23. Privacy

23.1. We collect, hold, use and disclose personal information in accordance with our Privacy Policy, available at kielyplumbing.com.au/privacy-policy. This includes information used to provide and administer the Services, assess credit for business accounts, and — where you have not opted out — to tell you about our services and offers. You can opt out of marketing at any time using the unsubscribe link in any message or by contacting admin@kielyplumbing.com.au.

24. Disputes

24.1. If a dispute arises, contact us first at admin@kielyplumbing.com.au or (03) 6431 6992 — most issues are resolved quickly once we understand the problem. Both parties agree to attempt in good faith to resolve any dispute within fourteen (14) days.

24.2. If the dispute is not resolved, either party may propose mediation. For residential building work disputes, the processes under the Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas), administered through Consumer, Building and Occupational Services (CBOS), are also available.

24.3. Nothing in this clause prevents either party from seeking urgent relief from a court, or limits your rights to make a complaint to a regulator.

24.4. You must continue to pay any invoiced amounts not genuinely in dispute.

25. General

25.1. Events beyond control. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, fire, flood, storm, strikes, pandemics, material shortages or government action. If such an event continues for an extended period, either party may end the affected work, and you will pay for work performed to that date.

25.2. Severance. If any provision of these Terms is invalid or unenforceable, it is severed and the remaining provisions continue in force.

25.3. Waiver. A failure to enforce a provision is not a waiver of that provision or of the right to enforce it later.

25.4. Assignment. We may subcontract the performance of the Services to licensed and insured tradespeople, and we remain responsible to you for work performed by our subcontractors. Neither party may otherwise assign its rights or obligations without the other’s consent, not to be unreasonably withheld.

25.5. Governing law. These Terms are governed by the laws of Tasmania. The parties submit to the non-exclusive jurisdiction of the courts of Tasmania.

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Kiely Plumbing — Plumbing with Purpose Pty Ltd · ABN 38 671 345 341 · 28 Wellington Street, South Burnie TAS 7320 · (03) 6431 6992 · admin@kielyplumbing.com.au · Licensed plumbers and gas fitters (Plumbing Contractor No. 492173620)