Terms & Conditions

These are the Terms and Conditions on which Corey Lea Kingston ABN 89 367 273 125 trading as Sovereign Filtration (“Sovereign Filtration”) will carry out work for you. By accepting Sovereign Filtration’s quote, the Client will also be deemed to have accepted these Terms and Conditions.

1. DEFINITIONS

For the purposes of these Terms and Conditions:

(a) “Additional Fees” means the fees applicable to Work not foreseen or not requested by the Client before commencement of the Work including:

- Do and Charge Work;
- After Hours work as specified in clause 7; and
- Latent conditions or obstacles requiring additional hours of labour or specialised equipment to complete the Work.

(b) “Client” is the Customer named on the quote provided by Sovereign Filtration to the Client.

(c) “Do and Charge Work” means Work performed or Goods installed under direction of the Client without a formal quotation or variation.

(d) “Fees” means the fees payable by the Client as set out in any quotation provided by Sovereign Filtration and accepted by the Client in accordance with clause 3, as varied in accordance with clause 4 and includes any Additional Fees and Cancellation Fees.

(e) “Goods” means water filtration equipment including filters, casings, pipes, fittings and valves and related components supplied by Sovereign Filtration to the Client and as described on Sovereign Filtration’s quotes, tax invoices and other paperwork.

(f) “PPSA” means the Personal Property and Securities Act 2009 (Cth).

(g) “Site” means the place where Sovereign Filtration’s work will be carried out.

(h) “Sovereign Filtration” means Corey Lea Kingston ABN 89 367 273 125 trading as Sovereign Filtration, its successors and assigns or any person acting on behalf of and with the authority of Sovereign Filtration.

(i) “Work” means the installation of water filtration equipment into the Client’s premises and as more particularly described in the quote or scope of works provided to the Customer and as varied in accordance with clause 4.

2. FEES

2.1 The Client shall receive a quote or scope of works specifying the Work to be undertaken by Sovereign Filtration in order to fulfill the Client’s instructions.

2.2 Prices shall be valid for thirty (30) days unless otherwise agreed in writing.

2.3 The Client shall accept the quote by signing and returning a copy to Sovereign Filtration, emailing Sovereign Filtration or continuing to instruct Sovereign Filtration to carry out Work.

2.4 The Client acknowledges that where Sovereign Filtration’s costs in connection with any quote increase as a result of the introduction of new, or changes to existing government taxes or charges or prime cost items or provisional sums, the Client
will be liable for such increases and any quote is provided subject to such variations.

3. PAYMENT

3.1 Fees are payable as follows:

(a) 50% deposit payable before commencement of Work; and

(b) the balance within fourteen (14) days after receipt of Sovereign Filtration’s tax invoice, except Cancellation Fees which are payable within seven (7) days after receipt of Sovereign Filtration’s tax invoice.

3.2 Sovereign Filtration may elect to issue invoices at the completion of Work or by periodic progress payments.

3.3 Sovereign Filtration reserves the right to cease Work until any overdue Fees are paid.

3.4 Interest on any overdue Fees will accrue daily from the date when payment becomes due until the date of payment at a rate of 6% above the cash rate published by the Reserve Bank of Australia.

4. VARIATIONS

4.1 The Client may request a variation to any Work that Sovereign Filtration has previously provided a quote in relation to, by notice in writing to Sovereign Filtration. If Sovereign Filtration accepts such variation, Sovereign Filtration will advise the Client of the Fees applicable to such Work.

4.2 Changes to the pre-arranged date of commencement of Work (“Installation Date”) must be requested by the Client at least two days prior. Sovereign Filtration is not obliged to agree to any Installation Date without the correct notice being given. Any change to the Installation Date is subject to the availability of Sovereign Filtration at the time.

5. CANCELLATION

5.1 Without prejudice to any other remedies, Sovereign Filtration will be entitled to cancel all or any part of the Work which remain unperformed and all amounts owing to Sovereign Filtration will, whether or not due for payment, become immediately payable in the event that:

(a) any Fees become overdue or in Sovereign Filtration’s opinion the Customer will be unable to meet its payments as they fall due; or

(b) the Customer becomes bankrupt or a receiver or liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer; or

5.2 The Client shall reimburse Sovereign Filtration for any costs, losses or expenses incurred by Sovereign Filtration should the Client cancel or vary an accepted quote or scope of works (“Cancellation Fees”).

6. CLIENT RESPONSIBILITIES

6.1 The Client shall:

(a) provide exclusive Site access for Sovereign Filtration to complete any necessary Work;

(b) ensure that, whilst at the Site, Sovereign Filtration will not be subject to any hazardous materials (including asbestos) or exposed to any unsafe or non-compliant building, plumbing or electrical work.

6.2 The Customer indemnifies Sovereign Filtration where any damage to property or person occurs as a result of the Site not being clear and safe.

6.3 The Client warrants that it holds appropriate house and contents insurance for the Site.

6.4 Risk in the Goods will pass to the Client immediately upon the Work being completed.

7. CONTRACTOR’S TRADING HOURS

Normal trading hours are Monday to Friday 9:00am to 5:00pm. Work performed (at the Client’s request) outside those hours or on a public holiday will be at Sovereign Filtration’s discretion and will be subject to a surcharge (rates on application).

8. SERVICES BELOW THE GROUND

Where the Work involves Sovereign Filtration to work beneath ground level, Sovereign Filtration will advise the Client that it requires the disclosure of underground services. If requested, the Client shall clearly mark the exact location and identify all services above and below ground at the Site, including, but not limited to drains, pipes, sewers, mains and telephone and data cables, to enable Sovereign Filtration to prevent damage to all such services. Should the Client fail to provide Sovereign Filtration with the appropriate plans for the Site as specified, the Client shall indemnify Sovereign Filtration from any claim for costs, expenses or losses incurred should services be damaged.

9. WEATHER DELAYS

In the event of adverse weather conditions which require the Work to be suspended, Sovereign Filtration will reschedule the Work and use its reasonable endeavours to complete the Work as soon as practically possible. Sovereign Filtration is not liable for any delays in completion of the Work due to adverse weather conditions.

10. DAMAGES

The Client must pay to Sovereign Filtration any costs, expenses or losses incurred by Sovereign Filtration as a result of the Client’s failure to comply with these Terms and Conditions (including debt collection and legal costs on a full indemnity basis).

11. RETENTION OF TITLE

11.1 Notwithstanding the delivery of the Goods or their installation, title in any particular Goods shall remain with Sovereign Filtration regardless of whether the Goods are onsold by the Client, until all Fees are paid. Where Goods have been on-sold by the Client, the Client will be taken to hold the proceeds of sale of such Goods upon trust for Sovereign Filtration and to account to Sovereign Filtration for those
proceeds. Any payment made by or on behalf of the Client which is later avoided shall be deemed not to discharge Sovereign Filtration’s title in the Goods nor the Client’s indebtedness to Sovereign Filtration and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.

11.2 The Client acknowledges that it will be in possession of any Goods solely as bailee until all Fees are paid and until that time:

(a) the Client must not encumber or otherwise charge the Goods; and

(b) the Client shall be fully responsible for any loss or damage to the Goods whatsoever and howsoever caused following delivery or installation of the Goods to the Client.

11.3 The Client hereby irrevocably grants to Sovereign Filtration the right, at its sole discretion, to remove or repossess any Goods from the Client and sell or dispose of them, where any Fees are not paid within the payment terms set out in clause 3 or Sovereign Filtration terminates under clause 5.1(b) and Sovereign Filtration shall not be liable to the Client or any person claiming through the Client and Sovereign Filtration shall be entitled to retain the proceeds of any Goods sold and apply same towards the Client’s indebtedness to Sovereign Filtration.

12. PPSR

12.1 In this clause, the following words have the respective meanings given to them in the PPSA: Financing Statement, Financing Change Statement, Proceeds, Register, Security Agreement, Security Interest and Verification Statement.

12.2 The Client acknowledges and agrees:

(a) that these Terms & Conditions constitute a Security Agreement that creates a Security Interest in all Goods (and Proceeds) previously supplied by Sovereign Filtration to the Client and to be supplied in the future by Sovereign Filtration
to the Client;

(b) that the Security Interest created by these Terms & Conditions is a continuing Security Interest in all Goods (supplied now or in the future by Sovereign Filtration to the Client) and Proceeds, which will operate (despite any intervening payment or settlement of account) until Sovereign Filtration has signed a release; and

(c) to waive its rights in relation to the sections listed in subsection 115(1) of the PPSA (or as otherwise amended), which will not apply (to the extent, if any, mentioned) to the Security Agreement created by these Terms & Conditions.

12.3 The Client undertakes to:

(a) keep all Goods free of any charge, lien or Security Interest except as created under these Terms & Conditions and not otherwise deal with the Goods in a way that may prejudice any rights of Sovereign Filtration under these Terms & Conditions or the PPSA;

(b) sign any further documents and provide any further information (which must be complete, accurate and up-todate in all respects) that Sovereign Filtration may require to register a Financing Statement or Financing Change Statement in relation to a Security Interest on the Register, register any other document required to be registered by the PPSA, or correct a defect in a statement referred to in this clause 12.3(b);

(c) indemnify, and upon demand reimburse, Sovereign Filtration for all fees (including actual legal fees on a solicitor/own client basis), costs, disbursements and expenses in registering and maintaining a Financing Statement or Financing Change Statement on the Register or releasing any Goods charged thereby, and enforcing or attempting to enforce the Security any Interest created by these Terms & Conditions; and

(d) not register, or allow to be registered, a Financing Statement or a Financing Change Statement in respect of the Goods or Proceeds in favour of a third party, without the prior written consent of Sovereign Filtration; and immediately advise
Sovereign Filtration of any material change in its business details (including, but not limited to, its trading name, address, facsimile number) or business practices.

13. WARRANTY ON GOODS

13.1 The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Client is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damaged. The Client is also entitled to have the Goods repaired or replaced if the Goods fails to be of acceptable quality and the failure does not amount to a major failure.

13.2 The Client shall inspect all Goods on installation and shall within 12 months of the date of the Work notify Sovereign Filtration of any alleged shortage in quantity, damage, or failure to comply with any agreed scope of works (“Defects”).

13.3 Warranty claims should be submitted to [email protected] or via the following link: https://sovereignfiltration.com.au/contact-us/. The Client
must include their quote or invoice number in the warranty claim.

13.4 If the Client does notify Sovereign Filtration of any Defects in accordance with this clause, the Goods and Work will be presumed to be free from Defects and the Client will not be permitted to make any claim against Sovereign Filtration in relation thereto.

13.5 The Client shall afford Sovereign Filtration an opportunity to inspect the Goods and Work within a reasonable time following installation if the Client believes the Goods are defective in any way.

13.6 Sovereign Filtration shall make good such Defects (including repair or replacement, at the sole discretion of Sovereign Filtration) within 28 days of receiving a notification from the Client.

13.7 Sovereign Filtration reserves the right to make null and void the warranty should the Goods be misused, neglected, damaged, modified, altered or put to any undue stress other than in the way the Goods were designed to perform.

13.8 Sovereign Filtration is not liable where the Goods are damaged as a result of fair wear and tear or where the Client has failed to maintain the Goods as directed by Sovereign Filtration, as set out in any recommendations, or as a reasonable person might do.

14. WARRANTY ON WORK

14.1 Sovereign Filtration warrants that the Work will be carried out in accordance with all relevant laws in an appropriate and skilful way, in accordance with plans and specifications (where relevant) using materials that are good and suitable for the purpose for which they are intended to be used.

14.2 In respect of all claims Sovereign Filtration shall not be liable to compensate the Client for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Client’s claim.

14.3 Any labour involved with warranty Work may incur charges as determined by Sovereign Filtration.

15. LIABILITY

15.1 Non-excludable Rights

The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Client in relation to the rovision of the Work which cannot be excluded, restricted or modified by the contract (“Non-excludable Rights”).

15.2 Disclaimer of Liability

Sovereign Filtration disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Client, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Nonexcludable Rights. To the extent permitted by law, the liability of Sovereign Filtration for a breach of a Non-Excludable Right is limited, at Sovereign Filtration’s option, to the supplying of the Work again or payment of the cost of having the Work supplied
again.

15.3 Indirect Losses

Notwithstanding any other provision of these Terms and Conditions, Sovereign Filtration is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Client for:

(a) any increased costs or expenses;

(b) any loss of profit, revenue, business, contracts or anticipated savings;

(d) any special, indirect or consequential loss or damage of any nature whatsoever caused by Sovereign Filtration’s failure to complete or delay in completing the Work or to deliver the Goods.

15.4 Force Majeure

Sovereign Filtration will have no liability to the Client in relation to any loss, damage or expense caused by Sovereign Filtration’s failure to complete the Work or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of Sovereign
Filtration’s normal suppliers to supply necessary Goods or any other matter beyond Sovereign Filtration’s control.

16. NO GUARANTEE

16.1 The Client acknowledges that performance of the Goods may be affected by conditions outside the control of Sovereign Filtration, including quality of supply water, surrounding environment, or supply water pressure.

16.2 The Client understands that any supply of water using or running through the Goods must be potable. The Goods will not make safe any water supply that is unsafe or nondrinkable.

17. PRIVACY

17.1 The Client hereby authorises Sovereign Filtration to collect, retain, record, use and disclose commercial and/or consumer information about the Client, in accordance with the Privacy Act 1988 and subsequent amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by Sovereign Filtration, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default
listings.

17.2 Sovereign Filtration may give information about the Client to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the Client’s credit file. This information may be given before, during or after the provision of credit to the Client and will be in accordance with the Privacy Act 1988 and subsequent amendments.

18. SECURITY AND CHARGE

The Client hereby charges all property, both equitable and legal, present or future of the Client in respect of any monies that may be owing by the Client to Sovereign Filtration under the Terms and Conditions or otherwise and hereby authorises Sovereign Filtration or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Client at any time.

19. INTELLECTUAL PROPERTY

19.1 The Client agrees that Sovereign Filtration may take and use photos of any of part of the Work for promotional and portfolio purposes.

19.2 The Client authorises Sovereign Filtration to place its company logo and case study on its website or promotional collateral for promotional purposes.

19.3 Where Sovereign Filtration has designed, drawn or written plans for or associated with the Work or the Goods, then copyright in those designs drawings, plans and documents will remain vested in Sovereign Filtration and will only be used by the Client with the consent of Sovereign Filtration (which it may grant at its discretion).

20. GENERAL MATTERS

20.1 Severability

Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is
capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

20.2 Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the State of Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland.

20.3 Subcontracting

Sovereign Filtration may sub-contract its obligations under these Terms and Conditions.

20.4 Notices

Any notice provided under these Terms and Conditions must be in writing.

20.5 Dispute Resolution

The parties agree to attempt in good faith to resolve any dispute regarding these Terms and Conditions through negotiation including negotiation with the assistance of an agreed mediator.

If the dispute or difference is not resolved to the satisfaction of the parties within 30 days, either party may refer the matter to a mediator.

Mediation shall be effected:

(a) by a mediator agreed upon in writing by the parties; or

(b) in the absence of such agreement, by a mediator appointed by the Queensland Law Society.