Terms and Conditions

PIPE DREAM (ABN 72 738 054 890)
TERMS AND CONDITIONS OF TRADE

1. Definitions
1.1 “Pipe Dream” means any legal entity of Pipe Dream Plumbing and Drainage Pty Ltd (ACN 633 743 638) trading as Pipe Dream Plumbing and Drainage ATF Ceddia Family Trust (ABN 72 738 054 890) and any current or future holding company, subsidiary, related company or successors and assignees of these companies or any person acting on behalf of and with the authority of Pipe Dream.
1.2 “Company” refers to any legal entity of Pipe Dream Plumbing and Drainage Pty Ltd (ACN 633 743 638) trading as Pipe Dream Plumbing and Drainage ATF Ceddia Family Trust (ABN 72 738 054 890) and any current or future holding company, subsidiary, related company or successors and assignees of these companies or any person acting on behalf of and with the authority of Pipe Dream.
1.3 “Customer” means the person/s buying the Goods and/or Services or Services as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally, and includes Credit Customer.
1.4 “Confidential Information” means any information exchanged between Pipe Dream and the Customer for the purposes of the Customer buying the Goods and/or Services from Pipe Dream, including but not limited to, the prices and payment terms offered to the Customer by Pipe Dream.
1.5 “Goods” means all Goods supplied by Pipe Dream to the Customer (and where the context so permits, shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Pipe Dream to the Customer.
1.6 “GST” has the meaning given to it in the “GST Act” being a New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.7 “Order” means any order for the purchase of Goods or the supply of Services placed by the Customer with Pipe Dream.
1.8 “Permitted Purpose” means the purchase of the Goods and/or Services from Pipe Dream.
1.9 “Price” means the Price payable for the Goods and/or Services as agreed between Pipe Dream and the Customer in accordance with clause 4 below.
1.10 “Quote” means the estimated Price given by Pipe Dream to the Customer to supply the Goods or perform the Services.
1.11 “Services” means all Services supplied by Pipe Dream to the Customer and includes any advice or recommendations (and where the context so permits, shall include any supply of Goods and/or Services as defined above).
1.12 “Terms” means these Terms and Conditions for Credit which constitute the legally binding agreement between Pipe Dream and the Customer for the provision of Pipe Dream Goods and/or Services.
1.13 “Website” means https://pipedreamplumbing.com.au/ including any subdomains, therefore any other websites through which Pipe Dream makes its services available.

2. Acceptance
2.1 The Customer is taken to have accepted and is immediately bound, jointly and severally, by these Terms if the Customer accepts a quote or places an order for or accepts delivery of the Goods and/or Services from Pipe Dream.
2.2 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 (Vic) or any other applicable provisions of that Act or any Regulations referred to in that Act.
2.3 The Customer acknowledges that the supply of Goods and/or Services on credit shall not take effect until the Customer has if requested completed a credit application with Pipe Dream and it has been approved, in writing, with a credit limit established for the account. At this point, the Customer will be deemed a “Credit Customer”.
2.4 In the event that the supply of Goods and/or Services request exceeds the Customer credit limit and/or the account exceeds the payment terms, Pipe Dream reserves the right to refuse delivery.

3. Change in Control
3.1 The Customer shall give Pipe Dream fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone, email or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Pipe Dream as a result of the Customer’s failure to comply with this clause.

4. Delivery of Services
4.1 The Customer will ensure that Pipe Dream has uninterrupted access to the site at which the Services will be performed for the duration of the Services.
4.2 The Customer acknowledges and agrees that:
4.2.1 any building or construction sites on which the Services are performed will comply with all applicable occupational health and safety laws relating to building and construction sites and any other relevant safety standards and legislation; and
4.2.2 Pipe Dream is not responsible for the removal of rubbish from or clean up of the site at which the Services are performed, unless that has been agreed to by Pipe Dream.
4.3 If the Customer is to provide goods or other services for which the Services are required, then the Customer must have the site ready and goods available at least 24 hours before the time at which Pipe Dream requires to perform the relevant Services in respect of such other goods or services.
4.4 Any damage to below ground services which have not been located by the Customer or plan, or have not been installed to the correct depths is not the responsibility of Pipe Dream.
4.5 If any other issues are discovered during repair works, additional costs may be incurred for further repairs.
4.6 Pipe Dream will not be responsible for topping up surfaces that may result in subsidence due to excavations.
4.7 Reinstatement of landscaping is the sole responsibility of the Customer.
4.8 In the case of Pipe Dream reline work:
4.8.1 No water / sanitary use is available whilst relining is in progress and until completion;
4.8.2 any failure to liner due to inappropriate use while installation is in place or after completion is not the responsibility of Pipe Dream; and
4.8.3 Pipe Dream reserves the right to abandon works at no cost to the Customer in the event of an unachievable outcome, the customer will be made aware of a more conventional option which they may wish to proceed with at their expense.
4.9 Without waiver of Pipe Dream’s rights under this Contract, Pipe Dream will make good any loss or damage to the work or property of the Customer directly caused by Pipe Dream or Pipe Dream’s employees, agents or sub-contractors and such repair or replacement work will be limited to the damaged area only and is on a like for like basis not new for old.

5. Price and Payment
5.1 The Price payable by the Customer for the Goods and Services shall be the Price set out in the Order if Pipe Dream’s Quote is accepted within thirty (30) days of the date of the Quote. If Pipe Dream’s Quote is not accepted within the thirty (30) day period or Pipe Dream is delayed in commencing the date for provision of the Goods or Services due to delays not caused by Pipe Dream the Price shall be Pipe Dream’s then current price for the Goods and Services, at the date of delivery of Goods or performance of the Services, according to Pipe Dream’s current Price list.
5.2 Payment of the Price shall be made by the Customer:
5.2.1 By cash, by credit card, or by electronic on-line banking, or by any other method agreed prior by Pipe Dream.
5.2.2 The balance of the Price will be payable upon completion of the Works or in accordance with the terms and conditions set out in the Invoice.
5.2.3 Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to Pipe Dream an amount equal to any GST Pipe Dream must pay for any supply by Pipe Dream under this or any other agreement for the sale of the Goods and/or Services. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
5.2.4 Where the customer advises / confirms they are eligible for government rebates or incentives and upon submission to the relevant organisation/ authority ie: Solar Vic, eligibility is not deemed, the customer will be liable to pay Pipe Dream for the said rebates / incentives applied to quotes and invoices.
5.2.4 Pipe Dream will not accept an order unless the order has been delivered to Pipe Dream with specific details included.
5.2.5 Where any orders are given by the Customer verbally, Pipe Dream will not accept any responsibility for miscommunicated request information under any circumstances.
5.2.6 Once the order is placed by the Customer and has been accepted by Pipe Dream, the Customer will be unable to cancel the order unless Pipe Dream provides written acceptance of the cancellation.
5.3 Any variation from the plan of scheduled works, specifications or additional works that may have not been reasonably anticipated by Pipe Dream for the provision of the Goods and Services will be charged as a variation (Variation). If a Variation is required:
5.3.1 Pipe Dream will provide the Customer with a Quote for the Variation prior to commencing the Variation and the Customer must notify Pipe Dream whether it accepts the Variation as soon as possible but no later than five (5) days after receiving the Variation request;
5.3.2 If the Customer does not accept the Variation within the five (5) day period Pipe Dream is not obliged to perform the Variation. If the Customer accepts the Variation the Customer must pay for the costs of the Variation on the earlier of the next instalment date or on the date of completion of the works. Pipe Dream may terminate this Contract, without liability to the Customer, if the Customer does not authorise the Variation and Pipe Dream cannot reasonably proceed with the Services without undertaking the works proposed under the Variation.
5.4 The Customer acknowledges that Pipe Dream may be required to carry out emergency works in order to prevent injury to persons or damage to property and in such circumstances will not be required to provide a Quote prior to undertaking the works the subject of the Variation and the Customer shall be liable to pay Pipe Dream the reasonable costs and expenses incurred with an emergency Variation.
5.5 A deposit of 50% of all works quoted at $3,000 and above will be required and shall become immediately due and payable prior to the commencement of any works. Subject to these terms and conditions any deposit paid by the customer upon acceptance of the Order by Pipe Dream is non-refundable in the event of the work being cancelled by the Customer.
5.6 Time for payment of the Price is of the essence. If the Customer fails to pay the Price when due in accordance with this clause 5, Pipe Dream may:
5.6.1 treat the Contract as repudiated by the Customer;
5.6.2 suspend Delivery of the Goods or Services the subject of the Contract and any Goods or Services the subject of any other Contract with the Customer, without incurring any Liability to the Customer in respect of such treatment or suspension; and
5.6.3 without prejudice to the rights of Pipe Dream under the Contract, if the Customer fails to pay the Price when due, the Customer must pay interest to Pipe Dream on the outstanding amount of the Price at the rate of 10% per annum.
5.7 The Customer is not entitled to make any deduction from the Price (including, but not limited to) in respect of any set-off or counterclaim unless agreed in writing prior by Pipe Dream.
5.8 The Customer must pay Pipe Dream an amount equal to any reasonable expenses, costs or disbursements incurred by Pipe Dream in recovering any outstanding monies owed by the Customer to Pipe Dream (including, but not limited to, debt collection fees, Court costs and solicitors costs on an indemnity basis) or enforcing any default or breach of this Contract by the Customer.
5.9 If a detailed report is requested by the Customer for the Services carried out by Pipe Dream in addition to the standard invoice and description of the work and Services, Pipe Dream reserves the right to charge an appropriate hourly rate for compiling, preparing and submitting the report. The charge will be a minimum of one hour’s labour and will be estimated depending on the scope of the work required to prepare the report. If the Customer does not agree to pay the estimated cost of a detailed report, Pipe Dream will be under no obligation to provide the report requested. Pipe Dream also reserves the right to request payment in advance for the costs of preparing the detailed report.

6. Delivery of Goods and Services
6.1 Delivery of Goods and Services shall be made to the Customer’s nominated address stipulated in the Order.
6.2 It is the customer’s responsibility to:
6.2.1 obtain all consents (including Body Corporate if the property is part of a Strata Plan) and to make all arrangements to provide Pipe Dream with access to the site where the Goods and Services are to be delivered and performed;
6.2.2 provide Pipe Dream with full details of any statutory restrictions or consents which may affect Pipe Dream in delivering the Goods or performing the Services; and
6.2.3 provide Pipe Dream, its contractors and employees with safe and reasonable access to the site where the Services are to be performed or to where the Goods will be delivered including the removal of any furniture or personal items that may impede access (the Customer takes full responsibility for any loss or damage caused due to the Customer not taking reasonable action to minimise the risk of damage);to allow Pipe Dream’s employees and contractors to deliver the Goods and perform the Services during usual business hours.
6.3 Any time or date nominated or accepted by Pipe Dream for performance, delivery, dispatch, or arrival of the Goods or performance of the Services is an estimate only and does not constitute a term or condition of these Terms and Conditions or of the Contract.
6.4 Pipe Dream is not liable for the consequences of any delay as a result of any cause outside the reasonable control of Pipe Dream, notwithstanding that any such cause may be operative at the time of entering the Contract or accepting an Order. In these circumstances, Pipe Dream may reasonably extend the time for performance, delivery, dispatch or arrival of the Goods or performance of the Services, or cancel the Contract without incurring any Liability.
6.5 Time for performance, delivery, dispatch or arrival of the Goods or performance of the Services is not of the essence of the Contract and the Customer may not cancel the Contract for any failure by Pipe Dream to deliver the Goods or perform the Services by the estimated date.
6.6 Unless otherwise stated in writing, Pipe Dream may make any partial deliveries of the Goods or performance of the Services, by instalments in any amounts Pipe Dream may determine, and these Terms and Conditions apply to each partial delivery or instalment. Each part or instalment is taken to be sold under a separate Contract incorporating these Terms and Conditions.
6.7 Pipe Dream may cancel the delivery of Goods or Services at any time before the Goods are delivered by notice in writing to the Customer. Pipe Dream shall not be liable for any loss or damage whatever arising from such cancellation.

7. Risk
7.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery.
7.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Customer, Pipe Dream is entitled to receive all of the customer’s insurance proceeds payable for the Goods. The production of these terms and conditions by Pipe Dream is sufficient evidence of Pipe Dream rights to receive the insurance proceeds without the need for any person dealing with Pipe Dream to make further enquiries.
7.3 If the Customer requests Pipe Dream to deliver the Goods and leave the Goods outside Pipe Dream’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.

8. Title
8.1 Pipe Dream and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid Pipe Dream all amounts owing to Pipe Dream; and
(b) the Customer has met all of its other obligations to Pipe Dream.
8.2 Receipt by Pipe Dream 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.
8.3 It is further agreed that:
(a) until ownership of the Goods passes to the Customer in accordance with clause 8.1 that the Customer is only a bailee of the Goods and must return the Goods to Pipe Dream on request;
(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Pipe Dream and must pay to Pipe Dream the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Pipe Dream and must pay or deliver the proceeds to Pipe Dream on demand;
(d) the Customer should not convert or process the Goods or intermix them with other Goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Pipe Dream and must sell, dispose of or return the resulting product to Pipe Dream as it so directs;
(e) the Customer irrevocably authorises Pipe Dream to enter any premises where Pipe Dream believes the Goods and/or Services are kept and recover possession of the Goods;
(f) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Pipe Dream;
(g) Pipe Dream may recover possession of any Goods in transit whether or not delivery has occurred; and
(h) Pipe Dream may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

9. Security and Charge
9.1 In consideration of Pipe Dream agreeing to supply the Goods and/or Services to the Customer, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
9.2 The Customer indemnifies Pipe Dream from and against all Pipe Dream costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Pipe Dream rights under this clause.
9.3 The Customer irrevocably appoints Pipe Dream and each director of Pipe Dream as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 9 including, but not limited to, signing any document on the Customer’s behalf.

10. Personal Property Securities Act 2009 (PPSA)
10.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
10.2 Upon assenting to these Terms in writing the Customer acknowledges and agrees that these Terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or Services, and their proceeds, that have previously been supplied and that will be supplied in the future by Pipe Dream to the Customer.
10.3 The Customer undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Pipe Dream may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 10.3(a)(i) or 10.3(a)(ii);
(b) indemnify, and upon demand reimburse, Pipe Dream for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods and/or Services charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of Pipe Dream;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or Services in favour of a third party without the prior written consent of Pipe Dream;
(e) immediately advise Pipe Dream of any material change in its business practices of selling the Goods and/or Services which would result in a change in the nature of proceeds derived from such sales.
10.4 Pipe Dream and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these Terms.
10.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
10.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
10.7 Unless otherwise agreed to in writing by Pipe Dream, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
10.8 The Customer must unconditionally ratify any actions taken by Pipe Dream pursuant to this clause 10.
10.9 Subject to any express provisions to the contrary nothing in these Terms is intended to have the effect of contracting out of any of the provisions the PPSA.

11. Intellectual Property
11.1 Where Pipe Dream has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Pipe Dream.
11.2 The Customer warrants that all designs, specifications or instructions given to Pipe Dream will not cause Pipe Dream to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Pipe Dream against any action taken by a third party against Pipe Dream in respect of any such infringement.
11.3 The Customer agrees that Pipe Dream may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Pipe Dream has created for the Customer.

12. Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)
12.1 The Customer must inspect the Goods and/or Services on delivery and must within five (5) days of delivery notify Pipe Dream in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods and/or Services as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Pipe Dream to inspect the Goods and/or Services.
12.2 Pipe Dream Goods and/or Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, the Customer is entitled:
(a) to cancel your Services contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
The Customer is also entitled to choose a refund or replacement for major failures with Goods and/or Services. If a failure with the Goods and/or Services and/or Services does not amount to a major failure, the Customer is entitled to have the failure rectified in a reasonable time. If this is not done, the Customer is entitled to a refund for the Goods and/or Services and to cancel the contract for the Services and obtain a refund of any unused portion. The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods and/or Services and/or Services (“Non-Excluded Guarantees”).
12.3 Pipe Dream acknowledges that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
12.4 Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, Pipe Dream makes no warranties or other representations under these Terms including but not limited to the quality or suitability of the Goods and/or Services. Pipe Dream liability in respect of these warranties is limited to the fullest extent permitted by law.
12.5 If the Customer is a consumer within the meaning of the CCA, Pipe Dream liability is limited to the extent permitted by section 64A of Schedule 2.
12.6 If Pipe Dream is required to replace the Goods and/or Services under this clause or the CCA, but is unable to do so, Pipe Dream may refund any money the Customer has paid for the Goods and/or Services.
12.7 If the Customer is not a consumer within the meaning of the CCA, Pipe Dream liability for any defect or damage in the Goods and/or Services is:
(a) limited to the value of any express warranty or warranty card provided to the Customer by Pipe Dream at Pipe Dream sole discretion;
(b) limited to any warranty to which the Pipe Dream is entitled, if Pipe Dream did not manufacture the Goods and/or Services;
(c) otherwise negated absolutely.
12.8 Subject to this clause 12, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 12.1; and
(b) Pipe Dream has agreed that the Goods and/or Services are defective; and
(c) the Goods and/or Services are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
(d) the Goods and/or Services are returned in as close a condition to that in which they were delivered as is possible, including in their original packaging, unopened and are otherwise in a good and saleable condition.
12.9 Notwithstanding clauses 12.1 to 12.8 but subject to the CCA, Pipe Dream shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods and/or Services;
(b) the Customer using the Goods and/or Services for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods and/or Services after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by Pipe Dream; or
(e) fair wear and tear, any accident, or act of God.
12.10 Pipe Dream may in its absolute discretion accept non-defective Goods and/or Services for return in which case Pipe Dream may require the Customer to pay handling fees of up to ten percent (10%) of the value of the returned Goods and/or Services plus any freight costs. Pipe Dream will not accept returns of any products delivered in boxes which the customer has opened.
12.11 Notwithstanding anything contained in this clause, if Pipe Dream is required by a law to accept a return, then Pipe Dream will only accept a return on the conditions imposed by that law.
12.12 Subject to clause 12.1, customised, or non-stocklist items or Goods and/or Services made or ordered to the Customer’s specifications are not acceptable for credit or return.

13. Default and Consequences of Default
13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of ten percent (10%) per annum after as well as before any judgment.
13.2 If the Customer owes Pipe Dream any money the Customer shall indemnify Pipe Dream from and against all costs and disbursements incurred by Pipe Dream in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Pipe Dream collection agency costs, and bank dishonour fees).
13.3 Without prejudice to any other remedies Pipe Dream may have, if at any time the Customer is in breach obligation (including those relating to payment) under these terms and conditions Pipe Dream may suspend or terminate the supply of Goods and/or Services to the Customer. Pipe Dream will not be liable to the Customer for any loss or damage the Customer suffers because Pipe Dream has exercised its rights under this clause.
13.4 Without prejudice to Pipe Dream other remedies at law Pipe Dream shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Pipe Dream shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Pipe Dream becomes overdue, or in the opinion of Pipe Dream the Customer will be unable to make a payment when it falls due;
(b) the Credit Customer has exceeded any applicable credit limit provided by Pipe Dream;
(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

14. Cancellation
14.1 Pipe Dream may cancel any contract to which these Terms apply or cancel delivery of Goods and/or Services at any time before the Goods and/or Services are delivered by giving written notice to the Customer. On giving such notice Pipe Dream shall repay to the Customer any money paid by the Customer for the Goods and/or Services. Pipe Dream shall not be liable for any loss or damage whatsoever arising from such cancellation.
14.2 If the Customer cancels delivery of Goods and/or Services the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Pipe Dream as a direct result of the cancellation.
14.3 Cancellation of orders for Goods and/or Services made to the Customer’s specifications, or for items not contained on the stock list, will not be accepted once production has commenced, or an order has been placed.

15. Privacy Policy
15.1 A copy of the Privacy Policy, updated form time to time, of Pipe Dream can be found at https://pipedreamplumbing.com.au or alternatively, a hard copy can be provided upon written request.

16. Unpaid Pipe Dream Rights
16.1 Where the Customer has left any item with Pipe Dream for repair, modification, exchange or for Pipe Dream to perform any other service in relation to the item and Pipe Dream has not received or been tendered the whole of any moneys owing to it by the Customer, Pipe Dream shall have, until all moneys owing to Pipe Dream are paid:
(a) a lien on the item; and
(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected Goods and/or Services.
16.2 The lien of Pipe Dream shall continue despite the commencement of proceedings, or judgment for any moneys owing to Pipe Dream having been obtained against the Customer.

17. Service of Notices, Legal Demands and Process
17.1 Any written notice or legal demand given under this contract shall be agreed to have been given and received:
(a) by handing the notice or legal demand to the other party, in person;
(b) by leaving it at the address of the other party as specified in the credit application or as otherwise specified in writing by the other party;
(c) by sending it by registered post to the address of the other party as stated in the credit application or as otherwise specified in writing by the other party;
(d) if sent by facsimile transmission to the fax number of the other party as stated in the credit application, on receipt of confirmation of the transmission;
(e) if sent by email to the other party’s email address as specified on the credit application.
17.2 Any notice or legal demand that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

18. Trusts
18.1 If the Customer at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Customer may have notice of the Trust, the Customer covenants with Pipe Dream as follows:
(a) the contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
(b) the Customer has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Customer will not without consent in writing of Pipe Dream (Pipe Dream will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Customer as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.

19. Confidentiality
19.1 The Customer agrees that it will keep the Confidential Information confidential:
(a) use its best endeavours to prevent disclosure of the Confidential Information to any third parties unless the prior written consent of Pipe Dream has been obtained;
(b) not claim any legal, equitable or beneficial interest in the Confidential Information and warrants that any Confidential Information it receives will be used solely for the Permitted Purpose; and
(c) not use the Confidential Information in any manner which may be directly or indirectly detrimental or cause loss to Pipe Dream.
19.2 On written request of Pipe Dream:
(a) return to Pipe Dream all documents, disks and other computer media and all other material in the possession or control of the Customer which may contain or be derived from ideas, concepts, creations which are related to the Confidential Information or which are related to the Permitted Purpose;
(b) delete/destroy all copies of Confidential Information which cannot for practical considerations be returned to the Pipe Dream; and
(c) take steps to identify the Confidential Information and separate it from other documents stored by the Customer. in the event that the Confidential Information is disclosed and such disclosure is not in accordance with these Terms, the Customer will provide written notice to the recipients (or potential recipients) that the information is of a confidential nature and must not be utilised by those third parties in any manner without the Disclosing Party’s prior written consent.
19.3 The Customer agrees and acknowledges that the Confidential Information is of a proprietary and confidential nature and that any breach of these Terms pursuant to clause 19.1, by the Customer would cause irreparable injury or damage to Pipe Dream which may not be capable of remedy by monetary damages alone.
19.4 If Pipe Dream becomes aware of a breach or anticipated breach of clause 19.1 (or has reasonable grounds to suspect that such breach will occur) the Customer agrees that in addition to all other rights available to Pipe Dream pursuant to these Terms, at law and/or in equity to make a claim for loss and/or damage suffered.

20. General
20.1 These terms and conditions and any contract to which they apply shall be governed by the laws of the State of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts in the State of Victoria, Australia.
20.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
20.3 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
20.4 The Customer agrees that Pipe Dream may amend these terms with five (5) business days written notice. Provided the Customer does not notify Pipe Dream of any rejection or alternation of the proposed amendment within five (5) business days of receiving the written notice, the Customer will be taken to have accepted such changes.
20.5 The failure by Pipe Dream to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Pipe Dream right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
20.6 Subject to clause 12, the liability of Pipe Dream shall be limited to damages which under no circumstances shall exceed the Price of the Goods and/or Services.
20.7 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Pipe Dream nor to withhold payment of any invoice because part of that invoice is in dispute.
20.8 Pipe Dream may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
20.9 These Terms shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Pipe Dream.