(Last updated August 2023)
These Terms and Conditions for Online Sales (“Online Terms and Conditions“) govern the purchase of Goods (defined below) from Southern Plumbing (defined below) through its website at spplus.com.au (“Website“).
Southern Plumbing is not bound by any variation to the Online Terms and Conditions unless expressly agreed upon in writing and signed by a duly authorised Representative of Southern Plumbing and the Applicant. These Online Terms and Conditions herein shall apply notwithstanding any provision to the contrary which may appear on any order form or other document issued by the Customer (defined below) or any other party.
Southern Plumbing may at any time and from time to time alter these Online Terms and Conditions and is under no obligation to expressly notify the Customer of these changes. The Customer agrees that by accessing the Website and/or purchasing Goods it will be deemed to have had notice of and agreed to any change(s).
1. DEFINITIONS
1.1 “Southern Plumbing” means SOUTHERN PLUMBING SUPPLIES PTY LTD A.C.N 120 287 452 and its subsidiary and associated companies and its successors and assigns, whose registered office and principal place of business is 21 Lyell Street, Fyshwick ACT 2609.
1.2 “Customer” means any person accessing and/or purchasing Goods from Southern Plumbing through the Website.
1.3 “Goods” means any goods and/or services provided to the Customer by Southern Plumbing.
2. USER AGREEMENT
2.1 The Customer is taken to have reviewed, accepted, and agreed to be bound by the Online Terms and Conditions by accessing and using the Website and/or by purchasing Goods. It is the responsibility of the Customer to review and satisfy itself of any amendments to the Online Terms and Conditions when accessing and using the Website.
2.2 The Customer acknowledges and agrees that its access to, and use of, the Website may be restricted or prohibited by Southern Plumbing at its sole discretion without notice.
2.3 If the Customer holds a Trade Account with Southern Plumbing, the Account Terms and Conditions also apply to any Goods purchased by the Customer through the Website. To the extent of any inconsistency between the Online Terms and Conditions and the Account Terms and Conditions, the latter prevails.
3. ACCOUNT REGISTRATION
3.1 The Customer may, but is not required to, register for an online account to access and use the Website.
3.2 If the Customer has an online account, the Customer agrees to:
- not allow anyone else to use their account; and
- immediately notify Southern Plumbing if it becomes aware of any (actual or potential) unauthorised use of its account or security breach(es).
3.3 Southern Plumbing may, at its sole discretion and without notice, terminate a Customer’s account, including (without limitation) if the Customer has not complied with the Online Terms and Conditions.
4. ORDERS FOR GOODS
4.1 A contract for the sale and purchase of Goods will only become binding upon:
- the Customer placing an order for the Goods on the Website;
- if the Customer does not have a Trade Account with Southern Plumbing, payment for the Goods and any associated services (such as delivery) being made by the Customer in full; and
- the Customer’s order for the Goods being accepted by Southern Plumbing.
4.2 Southern Plumbing may, at its sole discretion, accept or reject an order placed by a Customer for any reason. In the event that an order is not accepted, Southern Plumbing will notify the Customer and arrange for a refund of the payment(s) made by the Customer.
4.3 Unless expressly provided for in these Online Terms and Conditions, an order which becomes binding under clause 4.1 cannot be amended or cancelled by the Customer without Southern Plumbing’s agreement.
4.4 Southern Plumbing is not liable for any loss or damage suffered by the Customer by reason of an order being rejected by Southern Plumbing.
4.5 By placing an order under this clause 4, the Customer, if a natural person, warrants that it is over the age of eighteen (18) years.
5. PRICES AND SUPPLY
5.1Unless otherwise stated, prices quoted are in Australian dollars and are exclusive of GST.
5.2 Prices shown in price lists are subject to change without notice.
5.3 Images contained on the Website may show accessories to a product which are not included in the relevant advertised price. The Customer should refer to the written description of a product.
5.4 Southern Plumbing reserves the right to sub-contract the manufacture and/or supply of any part of the Goods or of any materials or services to be supplied.
6. TERMS OF PAYMENT
6.1 Payment for the Goods and any associated services (such as delivery) must be made by the Customer in full in Australian dollars at the time of placing an order.
6.2 Payments must be made via the secured payment facilities provided on the Website. Card details are transmitted through a secured server and card data is not hosted by Southern Plumbing after processing.
6.3 Separate terms and conditions with respect to the use of the secured payment facilities may apply. Details are currently available at www.payway.com.au
7. DELIVERY
7.1 Delivery of the Goods shall be deemed to have taken place when (as is applicable):
- the Customer takes possession of the Goods at Southern Plumbing’s nominated address;
- the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by Southern Plumbing or Southern Plumbing’s nominated carrier – see clause 7.6 below); or
- the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
7.2 Any date or time quoted for delivery is an estimate only. Southern Plumbing shall endeavour to effect delivery at the time or times requested by the Customer but failure to do so shall not confer any right of cancellation or refusal of delivery on the Customer or render Southern Plumbing liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
7.3 The Customer shall not be relieved of any obligation to accept or pay for Goods by reason of any delay in delivery or any strike, lockout, unavailability of raw materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or interventions imposed by any laws, regulations, governments or agencies thereof and any other cause beyond the control of Southern Plumbing or any other cause whatsoever.
7.4 Southern Plumbing’s obligation to deliver Goods shall be discharged on arrival of the Goods at the Customer’s nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. If the Customer is unable or unwilling to accept physical delivery of the Goods when the Goods are ready for delivery, Southern Plumbing shall be entitled to charge a fee for any costs consequently incurred and may arrange for the storage of the Goods at the risk and cost of the Customer, including all transportation, storage and other consequential costs.
7.5 Southern Plumbing may, at its sole discretion, make partial deliveries of Goods and each partial delivery shall be a separate sale pursuant to these Online Terms and Conditions.
7.6 Southern Plumbing delivers Goods using its own vehicles and national freight carriers. Shipping costs are determined by factors such as the size and weight of the Goods and the Customer’s location. Exact shipping costs are calculated in the shopping cart and may be added to the order before it is placed on the Website.
8. RETURNS AND INSPECTION
8.1 The Customer shall examine the Goods immediately after delivery and will, within 48 hours of the delivery, notify Southern Plumbing of any alleged defect, mis-delivery, shortage in quantity, damage or failure to comply with the description or quote.
8.2 The Customer shall afford Southern Plumbing an opportunity to inspect the Goods within a reasonable time following the provision of notice under clause 8.1.
8.3 If the Customer fails to comply with these provisions, the Goods shall be presumed to be free from any defect or damage.
8.4 Any claim of the Customer relating to the alleged failure of Southern Plumbing to supply Goods conforming to the Customer’s orders will be waived unless made in writing to Southern Plumbing within seven (7) days after delivery of the Goods to the Customer.
8.5 No claim involving labour charges or product replacement will be recognised by Southern Plumbing unless Southern Plumbing has agreed to the value of the claim and Southern Plumbing has been given sufficient time to investigate and take such action it considers necessary to resolve the problem.
8.6 No claim(s) against Southern Plumbing will arise for any loss or damage or injury of any kind whatsoever suffered by the Customers arising directly or indirectly from the Customer’s failure to obtain independent professional and or tradesman advice in relation to the suitability of the Goods for any specific purpose. The Customer must rely on its own knowledge and expertise in selecting Goods for any purpose. The Customer acknowledges that if it relies upon any advice or assistance given by Southern Plumbing it does so at the Customer’s own risk.
8.7 Southern Plumbing shall not be liable to the Customer for any loss of profits or consequential, indirect or special loss, damage or injury of any kind whatsoever, arising directly from any defect in the Goods or their installation.
8.8 For defective Goods which Southern Plumbing has agreed in writing that the Customer is entitled to reject, Southern Plumbing’s liability is limited to either (at Southern Plumbing’s sole discretion) replacing the Goods or repairing the Goods.
8.9 Goods will not be accepted for return other than in accordance with this Clause.
9. TITLE AND RISK
9.1 Title and risk in the Goods pass to the Customer upon their delivery or collection.
10. WARRANTY
10.1 Southern Plumbing shall use its best endeavours to pass on to the Customer the benefit of any warranties or guarantees it receives in respect of the Goods supplied to the Customer which are not manufactured by Southern Plumbing.
10.2 Except to the extent provided for under the Australian Consumer Law, Southern Plumbing does not (unless expressly provided for) provide any additional warranties or guarantees by reason of the supply of Goods the subject of a manufacturer’s warranty.
11. LIMITATION OF LIABILITY
11.1 The Customer shall indemnify and hold indemnified Southern Plumbing against any claim, suit, proceedings or demand made by a third party for loss or damage suffered, whether directly or indirectly, by infringement of its intellectual property rights.
11.2 These Online Terms and Conditions do not exclude, restrict or modify the application of any provisions of any Commonwealth, State or Territorial Law which by law cannot be excluded, restricted or modified.
11.3 In the case of Goods supplied by Southern Plumbing to a Customer who is a consumer as defined by the Australian Consumer Law, to the extent that the Goods are not consumer products or goods, the liability of Southern Plumbing to the Customer for breach of any warranty or condition or the breach of any duty of care shall in all cases be limited, at the option of Southern Plumbing to any one or more of: the replacement of the Goods; the supply of equivalent Goods; the repair of the Goods; the payment of cost of replacing the Goods or acquiring equivalent Goods; the payment of the cost of having the Goods repaired.
11.4 Except for those conditions and warranties implied by the Australian Consumer Law or consumer protection legislation which may not be excluded, the Customer agrees that it has not relied on any inducement, representation or statement made by or on behalf of Southern Plumbing in purchasing the Goods and there are no implied conditions or warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of Southern Plumbing).
11.5 This clause sets out the entire liability of Southern Plumbing in respect of its liability under the Australian Consumer Law or otherwise in respect of liabilities to the consumer for a breach of a condition or warranty with respect to the sale of Goods. In no circumstances will Southern Plumbing incur any liability in respect of, arising out of, or in connection with, any special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred by the Customer.
12. FORCE MAJEURE
12.1 Southern Plumbing shall not be liable to the Customer or person claiming through the Customer for any failure or delay to supply or deliver the Goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of Southern Plumbing including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
13. RETURNS
13.1 Other than in respect of Southern Plumbing’s obligations pursuant to clause 8, Southern Plumbing shall not be liable to accept any returned products but may in its absolute discretion elect to accept the return of Goods, provided that such Goods shall only be accepted for credit and with the prior written approval of a duly authorised representative of Southern Plumbing.
13.2 Goods returned for credit pursuant to this clause must be returned in unused condition, together with the original invoice, and will be subject to a handling and administration charge of 15% or equal to the manufacturer’s return charge (if applicable) plus five percent (5%). The Customer will be liable for return freight and other expenses which must be paid for before credit will be issued.
13.3 Returns of non-standard products will not be accepted.
14. ADVERTISING
14.1 The Customer shall not advertise in any media the sale or disposal of Goods purchased from Southern Plumbing, without the prior written consent of a duly authorised Representative of Southern Plumbing. The Customer shall indemnify and hold indemnified Southern Plumbing against any liability in respect of, or in connection with, any special, consequential, direct or indirect loss, damage, harm or injury suffered as a result of false, misleading or deceptive advertising and/or untrue representation(s) or statement(s) made to any person by the Customer in the course of advertising. The Customer further warrants and acknowledges that it will not use any existing logo or brand name similar to those used by Southern Plumbing, or attempt to register a trade mark name similar to Southern Plumbing, without the prior written consent of a duly authorised Representative of Southern Plumbing.
15. PERSONAL INFORMATION
15.1 The Customer acknowledges that Southern Plumbing and its authorised representatives may collect personal information pertaining to the Customer when the Customer registers for an online account (clause 3) and/or places an order for Goods (clause 4).
15.2 The Customer authorises Southern Plumbing and its authorised representatives to use the Customer’s personal information for the purposes for which it has been provided (including, but not limited to, processing account registrations and/or orders for Goods) and for other reasonable purposes of Southern Plumbing.
15.3 Personal information collected by Southern Plumbing will be managed in accordance with its privacy policy (available at spplus.com.au) and the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
16. INTERNET SECURITY
16.1 Southern Plumbing in no way warrants or guarantees:
- that data transmissions occurring from use of the Website are secure or free from viruses or other conditions which may impact the Customer’s computer system(s); or
- that third party websites or resources that are linked through the Website are free from viruses or such other conditions.
16.2 While Southern Plumbing will take reasonable steps to ensure the security of its Website, it is the responsibility of the Customer to take its own precautions to protect against cyber security risks.
17. COOKIES
17.1 The Customer consents to cookies being used on the Website to collect data. It is the responsibility of the Customer to disable cookies on the web browser being used to access the Website if it wishes to do so.
18. GOVERNING LAW
18.1 The Customer agrees that these terms shall be construed according to the laws of New South Wales.
18.2 The Customer submits to the exclusive jurisdiction of the Courts of New South Wales and the Commonwealth of Australia.
For further information about our Terms and Conditions please contact our Customer Services Team by email at [email protected] or phone 02 6143 2680 (Monday to Friday, 8.30am to 5pm).