Promised Premium Service

Terms & Conditions

These Terms and Conditions (Terms), the Quote and any additional documents provided by CARTER & CO PROJECTS PTY LTD(ABN 83 650 154 797) trading as CARTER & CO PLUMBING (we, us, our), govern your use of our website – – (our Site) and the services offered by us, and together form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at [email protected] before engaging our services.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.


1.1. We will provide you with a copy of these Terms and a quote (Quote) and a Consumer Building Guide (together referred to as the Agreement) before you engage our services, as listed in clause 4 (Services). If we engage in renovation works and the works are over $20,000 we will also provide you with a Checklist and a Security of Payment Guide.

1.2. All plans and specifications to be provided under the Agreement (including variations) are taken to form part of the Agreement.

1.3. By signing the Quote, you acknowledge that you have read and understood these Terms, the Quote and the Consumer Building Guide, and agree to be bound by them, and all our other policies, and, if the works are over $20,000, you have read and understood the Security of Payment Guide, have completed the Checklist and answered “yes” to all items on it.

1.4. You are entitled to a copy of the signed Quote with a copy of these Terms (Signed Agreement) within five days of the date of execution.


2.1. All work done as part of the Services will comply with:

(a) the Building Code of Australia to the extent required under the Environmental Planning and Assessment Act 1979 (including any instrument made under that Act);

(b) all other relevant codes, standards and specifications that the work is required to comply with under any law;

(c) the conditions of any relevant development consent or complying development certificate and any construction certificate.

2.2. If relevant, this contract may limit our liability for a failure to comply with clause 2.1 if the failure relates solely to:

(a) a design or specification prepared by or on behalf of you, as the owner (but not by or on behalf of us, the contractor); or

(b) a design or specification required by you, the owner, if we have advised you in writing that the design or specification contravenes clause 2.1.


3.1. These Terms and the Quote may be varied by mutual written agreement of both parties.

3.2. Any requested variations to our Services outside of the scope of work outlined in the Quote made by you after you have received and accepted our Quote or any variations to the scope of work that we think are necessary based on new developments with your particular issue or matter (Variations) may incur additional fees and we will provide a further quote for Variations with a revised estimate of when the works are expected to be completed for approval (Further Quote).

3.3. The work under the Agreement may also be varied:

(a) due to matters that could not reasonably be expected to be foreseen by an experienced, competent and skilled contractor for the completion of the work at the date of the contract; or

(b) due to a requirement of a council or other statutory authority relating to the work, if at the date of this Agreement such requirement could not reasonably have been foreseen by us.
3.4. All Variations and the Fee for those Variations, as stated in the Further Quote, must be submitted in writing, approved, signed and dated by both parties, before we commence work on the Variation.


4.1. We provide general plumbing maintenance on all plumbing services Sydney-wide for both residential and commercial customer including:

(a) Repairs;

(b) Installations;

(c) servicing hot water systems, gas appliances;

(d) fixing gas leaks and burst pipes;

(e) pipe relining;

(f) fixing blockages;

(g) installing kitchen and bathroom fixtures, including outdoor settings; and home renovations

(h) as any new service we may offer in the future. 

4.2. We take progress photos of all jobs before commencing, while carrying out the service and after completion of the Service and provide you with a detailed report of the diagnostics of the issue and how it was fixed on completion of the Services.

4.3. You acknowledge and agree that we will keep all photographs and reports saved on your file on our systems future reference.

4.4. We will endeavour to provide you with an estimate of when the works will be completed.

4.5. If applicable, we will provide you with an information sheet about registered certifiers, if one is required.

4.6. You are free to choose your own certifier, if one is required.

4.7. For further details on our Services, please contact us at [email protected]


5.1. The fees for our services (Fees) are as indicated in the Quote provided to you.

5.2. We charge a call out fee (Call Our Fee) if you decide not to proceed with our Quote, as compensation for the resources we have spent and allocated for the purpose of assessing your issue.

5.3. Our Call Out Fee will be waived once you have approved and accepted our Quote and paid the relevant deposit as indicated on our Quote.

5.4. Emergency call out fees will not be waived.

5.5. All Fees are exclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.

5.6. We reserve the right to modify, cancel and limit any Quote or services at any time.


6.1. Full payment must be made upon completion of the works. We will send you invoices for our Services in the manner stated in the Quote and you agree to pay the invoices using the payment method and within the timeframe specified in the Quote.

6.2. We require a 10% deposit once you approve our Quote before we will commence the Services. Any deposit we require will not be more than 10% of the total Fee.

6.3. All deposits and Fees paid are non-refundable after project commencement.

6.4. You agree that our Fees must be paid in progress payments and that full payment of any outstanding amount owed is payable on completion of the Services, as indicated in our Quote, unless the parties have agreed to a payment plan.
6.5. Our Fees stated in the Quote includes all matters that could be reasonably expected to be necessary for the completion of the scope of work outlined in the Quote.

6.6. The work will be complete when it is finished in accordance with these Terms.

6.7. If you fail to pay our fees when due, as indicated on the invoice, you acknowledge that we reserve the right to suspend or terminate the delivery of our Services. We will not be liable for any loss suffered by you as a result of such suspension or termination.

6.8. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

6.9. You must pay us all fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.


7.1. You must pay the Fee by progress payments within 5 business days of the completion of the stages of the work nominated in the schedule of progress payments as stated in the Quote, or as agreed in writing between the parties separately. We will notify you in writing when a stage of the work has reached completion.

7.2. Despite the preceding paragraph, if your lending authority (if applicable) is to make all or any progress payments, then we agree to accept the usual payment terms (including the need for inspections and certifications required by the lending authority) in place of the requirements specified in the preceding paragraph.


8.1. It is agreed, subject to this and the other clauses of these Terms, that:

(a) We will:

(i). comply with the statutory warranties in section 18B of the Home Building Act 1989 and complete the work in accordance with the requirements of these Terms; and

(ii). comply with all relevant Australian Standards, laws and the requirements of the relevant local council and all statutory authorities with respect to the work.

(b) You will pay the contract price in the manner specified in the Quote.

8.2. We warrant that as at the date of the Quote, the contract price is based upon site inspections and all other investigations which would usually be undertaken by an experienced and competent contractor and includes all matters including equipment that could be reasonably expected to be necessary for the completion of the work covered by these Terms. The contract price may be adjusted after the date of contract only in accordance with this contract.



9.1. Under the Home Building Act 1989 you may rescind the agreement under the following provisions. The agreement may be rescinded even if work has commenced under these Terms.

9.2. The notice of rescission must be given to us:

(a) where you have been given a copy of the signed Quote and these Terms (together the Agreement) – within 5 clear business days after being given a copy of the signed Agreement; or

(b) where you have not been given a copy of the signed Agreement within 5 days after the Agreement was signed – within 5 clear business days after you become aware of being entitled to be given a copy of the signed Agreement.

9.3. The notice of rescission must state that you rescind the Agreement, and must be given to us by leaving it at the address shown as our business address, or by email.

9.4. If a notice of rescission is given to us:

(a) the Agreement is taken to be rescinded from the time it was signed, subject to 8.4(b), (c), (d) and (e) below;
(b) we may retain out of any money already paid to us the amount of any reasonable out of pocket expenses that we incurred before the rescission;

(c) we must refund all other money paid to us under the Agreement by, or on behalf of, you at or since the time the Agreement was made

(d) you are not liable to us in any way for rescinding the Agreement;

(e) we are entitled to be paid a reasonable price for any work carried out under the Agreement to the date the notice of rescission is given.


10.1. We will have insurance under the Home Building Compensation (HBC) Scheme in place for the duration of the Agreement, and will provide you with a copy of the insurance certificate prior to the commencement of the works.


11.1. We warrant that:

(a) the work will be done with due care and skill and in accordance with the plans and specifics set out in the Agreement;

(b) all materials supplied by us will be good and suitable for the purpose for which they are used;

(c) the work will be done in accordance with, and will comply with, the Home Building Act or any other law;

(d) the work will be done with due diligence and within the time stipulated in the Agreement, or if no time is stipulated, within a reasonable time;

(e) if the work consists of the construction of a dwelling, the making of alterations or additions to a dwelling or the repairing, renovation, decoration or protective treatment of a dwelling, the work will result, to the extent of the work conducted, in a dwelling that is reasonably fit for occupation as a dwelling

(f) the work and any materials used in doing the work will be reasonably fit for the specific purpose or result, if you expressly make known to us the particular purpose for which the work is required or the result that you desire the work to achieve, so as to show that you rely on our skill and judgment.


12.1. You acknowledge and agree that each service offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those services.

12.2. We provide the Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure the content provided and the Website is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the content and the Website for any purpose.

12.3. Nothing on the Website or contained in the Services is a promise or guarantee of results.

12.4. You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for any consequences, undesired or otherwise, that may flow from your engagement of the Site or the Services offered on the Site.

12.5. Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.

12.6. We make no warranty, representation, or guarantee regarding the suitability of our services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any service. It is your responsibility to independently determine suitability of any service and to test and verify the same.

12.7. Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control, and we are not responsible for any delay in the delivery of our services.

12.8. We will not be liable to you for loss or damage caused to your personal or real property while carrying out our Services.

12.9. We rely on third parties to supply aspects of the services. You acknowledge and agree that we are not liable for any loss or damage caused by such third parties.


13.1. During the delivery of our Services, you agree to:

(a) respond promptly to our communications in relation to the Services;

(b) provide us with clear access to your property;

(c) remove any fragile items and rubbish that may be in the way of the work area;

(d) ensure any pets are restrained during the time of the works/services;

(e) you and/or someone over the age of 18 must be present whilst we are onsite;

(f) you must provide access to water, power and electricity when needed by us;

(g) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services; and

(h) act in good faith.


14.1. Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information (which is or has been disclosed to the recipient by the other party, its representatives or advisers), or these Terms, except:
(a) where the information is in the public domain as at the date of these Terms (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient);

(b) if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;

(c) where the disclosure is expressly permitted under these Terms and Conditions or is required to give effect to these Terms and Conditions;

(d) if disclosure is made to its personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms and Conditions or to conduct their business generally, in which case the Recipient must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;

(e) where the disclosure is required for use in legal proceedings regarding these Terms and Conditions; or

(f) if the party to whom the information relates has consented in writing before the disclosure.

14.2. Each Recipient must ensure that its personnel comply in all respects with the Recipient’s obligations under this clause.

14.3. Definitions

Confidential Information of a party means all information (in any form):

(i). relating to or arising from the Services;

(ii). that concerns that party’s business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, and other business processes); and

but does not include information that:

(iii). is or becomes independently developed or known by a party through no breach of these Terms by that party; or

(iv). becomes publicly available, without breach of these Terms;

14.4. This clause survives termination or expiry of these Terms.


15.1. All material on our Site and any documents we may provide you in carrying out the Services, including (but not limited to) templates, text, graphics, information architecture and coding, documents and any other materials (Our Content), is subject to copyright and owned by us. Any reproduction, copying or modification of Our Content is a violation of our copyright and other proprietary rights, and is strictly prohibited.

15.2. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

15.3. The trade marks, logos, and service marks displayed on our Site or any documents provided by us to denote our brand are either registered or unregistered trademarks of ours (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

15.4. Nothing contained on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Marks without our express written permission.

15.5. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

15.6. This clause survives termination of these Terms.


16.1. The Agreement may be terminated in the circumstances provided under the general Law, but this does not prevent the parties agreeing to additional circumstances in which the contract may be terminated.

16.2. We reserve the right to suspend or terminate your use of the Site or our Services generally if you breach these terms, as determined by us in our sole discretion, and fail to rectify the breach within 10 business days of our notice to you of the occurrence of the breach.

16.3. You may terminate our Services at any point, however, if we have commenced preparations for the Services or the Services themselves which are not yet complete, you acknowledge and agree that the outstanding fees for those services are payable. We will issue an invoice for all work completed up to the date of termination and for all materials we have paid for to carry out the Services.

16.4. If the work must be varied due to a matter that could not reasonably be expected to be necessary for the completion of the work or a requirement of the council or other statutory authority, which was not known at the date of this Agreement and you notify us in writing that you are unable to meet the cost of that Variation, then you will be entitled to terminate the Agreement by notice in writing to us. If the Agreement is so terminated, we are entitled to payment:

(a) in respect of completed stages of work; and

(b) for the actual cost of the work conducted to the date of termination and for any materials on the site, and GST payable.

16.5. Refunds are not provided for our Services, other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).

16.6. Any initial deposits paid to us for the provision of services to you are non-refundable.

16.7. Final payments are non-refundable after the completion of our services.

16.8. Any refund requests will be assessed on a case-by-case basis.

16.9. If payment is not made in accordance with these Terms, we in our sole discretion may require you to pay interest on all outstanding monies from the due date until the date of payment at the rate of 8% per annum accruing daily.

16.10. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

16.11. You must pay us all fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.


17.1. You acknowledge and agree that we may at all and any times provide our services to other Clients in the same or similar industry as you.

17.2. We do not provide our services on an exclusive basis.

17.3. We will however endeavour to protect the confidential information you provide us and in accordance with our privacy policy.


18.1. From time to time, we may offer coupons for our Services or the opportunity to purchase our services at a discount or promotional price, subject to these Terms.

18.2. Any coupons, discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective coupon, discount, promotion and/or offer as published online from time to time on our Site.


19.1. We provide the Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the services that are not expressly set out in these Terms to the maximum extent permitted by Law.

19.2. Without limiting the generality of clause 19.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services.

19.3. Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.

19.4. The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.

19.5. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.

19.6. Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

19.7. This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.


20.1. You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

(a) your use of our Services;

(b) any claim made against us or you by a third party arising out of or in connection with the provision of our services and/or these Terms;

(c) any breach of these Terms by you, including any failure to pay any fees on time;

(d) any reliance by you or a third party on our services or any advice or information provided in connection with the provision of our services and/or these Terms; and

(e) the enforcement of these Terms.

20.2. You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.

20.3. We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our service.

20.4. This clause survives the termination of this agreement.


21.1. At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.

21.2. Should you breach this clause, you hereby indemnify us in accordance with clause 20 above.



22.1. We will not be in breach of these Terms or liable to you for any Loss incurred by you as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

22.2. If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing within 10 business days of the occurrence of the event and that notice must state the particulars of the Force Majeure Event and the estimated length of the delay.

22.3. On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.

22.4. The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

22.5. References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;

(d) epidemic, pandemic, health emergencies, disease;

(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(f) interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and

(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;

however does not include a lack of funds.

22.6. References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (however arising or caused, including, without limitation, negligence).


23.1. Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.

23.2. As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.

23.3. We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.


24.1. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.


25.1. You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.

25.2. We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.


26.1. We are free to subcontract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.


27.1. These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.


28.1. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

28.2. Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

28.3. In the case of claims against us, all notices are to be provided to [email protected].

28.4. If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days.

28.5. Once a mediator is appointed, the parties agree that:

(a) The costs of the mediator shall be borne equally between the disputing parties.

(b) The chosen mediator shall determine the procedures for mediation.

(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

28.6. If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

28.7. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

28.8. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

28.9. This clause survives termination of these Terms.


29.1. These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.


30.1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

30.2. If you have questions or comments regarding this Site or our services, please email us at [email protected]