Terms & Conditions of Engagement

These Terms and Conditions of Engagement (Terms) govern all plumbing, gas fitting, drainage, hot water, leak detection, backflow prevention, water filtration, renovation, earthworks, maintenance, commercial maintenance and related contracting services supplied by North Contracting Group Pty Ltd ACN 686 886 233 (NCG, we, us, our) to the client engaging us (Client, you, your).

NCG services Perth's northern suburbs, Lancelin, Nilgen, Jurien Bay and surrounding areas, the Pilbara, and other regional and remote locations across Western Australia, subject to availability.

Please read these Terms before you accept a quote or ask us to start work. If anything is unclear, call us on 0412 448 545 and we will talk it through with you.

1. Definitions

Unless the context otherwise requires, the following terms have the meanings given below.

ACL

The Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Additional Work

Any work outside the agreed scope, including variations, latent conditions, access issues, safety-related work, compliance rectification, or extra work you request.

Authority to Proceed

Your approval for NCG to begin or continue Work, given verbally, in writing, by email, by SMS, or by any other recorded means.

Commercial Client

A Client who is not a Consumer.

Consumer

A Client who acquires Goods or Services as a consumer within the meaning of section 3 of the ACL. This includes any Client who acquires Goods or Services costing $100,000 or less including GST, and any Client who acquires Goods or Services of a kind ordinarily acquired for personal, domestic or household use or consumption.

Contract

The agreement between NCG and you formed by these Terms together with any Quote, scope, approved variation, work order or other written communication forming part of the agreed supply.

Deposit

Any payment required by NCG before ordering Goods, reserving labour, scheduling Work or commencing Work.

Goods

All products, fixtures, fittings, appliances, materials and equipment supplied by NCG.

GST

Goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). NCG is registered for GST.

Home Building Work

Home building work and associated work within the meaning of the Home Building Contracts Act 1991 (WA).

Quote

A written quote, estimate, pricing proposal or scope issued by NCG.

Services

All plumbing, gas, drainage, hot water, leak detection, testing, maintenance, installation, repair, replacement, renovation, earthworks, commercial maintenance or related contracting services supplied by NCG.

Site

The property or location where Goods are delivered or installed and/or Services are performed.

Site Visit

An attendance by NCG to inspect, assess, diagnose, scope, quote, test or otherwise review requested Work.

Work

Any Goods and/or Services supplied by NCG, including Additional Work.

Work Frustration

Any event or circumstance beyond NCG's reasonable control that prevents, delays or materially changes the completion of Work, including weather, unsafe conditions, hidden defects, restricted access, authority delays, supplier delays or third-party interference.

2. These Terms and How They Apply

2.1 When these Terms apply

These Terms apply to every Contract between NCG and you. NCG will make these Terms available to you before you accept a Quote or give Authority to Proceed, by providing a link to them on our website, including a reference to them in our Quotes, or supplying a copy on request.

2.2 Your opportunity to read them

By accepting a Quote, giving Authority to Proceed, paying a Deposit, or asking NCG to start Work, you confirm that NCG has made these Terms available to you and that you have had a reasonable opportunity to read them. If you have not read them and would like time to do so, tell us before we start and we will wait.

2.3 Consumers and Commercial Clients

Some clauses apply only to Consumers and some apply only to Commercial Clients. Where a clause is limited in that way, it says so in its heading or opening words. All other clauses apply to everyone.

2.4 Which version applies

The version of these Terms that applies to your Contract is the version published or provided at the time you accept a Quote or give Authority to Proceed. NCG may update these Terms from time to time, but an updated version applies only to bookings, Quotes and Contracts entered into after it is published, unless we agree otherwise in writing.

3. Site Visits and Quotes

3.1 No call-out fee

NCG does not charge a call-out fee or attendance fee for a Site Visit to inspect, assess or quote requested Work. Quotes are free.

3.2 What a Site Visit involves

A Site Visit may include inspection, diagnosis, testing, scoping, estimating, quoting, or determining whether fixed pricing is possible. Some plumbing and gas issues cannot be accurately priced until further investigation is completed on Site.

3.3 Booking a Site Visit

When you book a Site Visit, you agree to:

• provide safe and reasonable access to the Site;
• ensure a person aged 18 or over who is authorised to make decisions is available during the attendance window, where required; and
• give us reasonable notice if you need to cancel or reschedule.

3.4 Diagnostic and investigative work

Clause 3.1 covers attendance to quote. If you ask NCG to carry out diagnostic or investigative work during a Site Visit — for example CCTV drain inspection, leak detection, pressure testing or electronic locating — that is Work, not a free quote, and NCG will tell you the price before starting it. You will never be charged for that work unless you have agreed to the price first.

4. Cancellations, Rescheduling and Access

4.1 Cancelling or rescheduling

You may cancel or reschedule a Site Visit or booked Work at any time. We ask for at least 12 hours' notice where possible so that we can offer the time to another client. No fee applies to cancelling or rescheduling a Site Visit.

4.2 Cancelling booked Work

If you cancel booked Work after accepting a Quote, and NCG has already ordered Goods, incurred supplier commitments or incurred other costs specifically for your Work, NCG may charge you the reasonable costs actually and reasonably incurred or committed up to the time you cancel. NCG will give you an itemised account of those costs and will take reasonable steps to reduce them, including returning Goods where they can be returned.

4.3 What NCG will not charge

NCG will not charge you for lost profit, for time held open, or for costs NCG has avoided or could reasonably have avoided.

4.4 Repeated no access for booked Work

If NCG attends booked Work at an agreed time and cannot access the Site through no fault of NCG, we will contact you to rebook. If this happens more than once for the same job, NCG may charge you the reasonable cost of the wasted attendance, but only if we told you in advance that a further wasted attendance would be chargeable and how much it would be. This clause does not apply to Site Visits, which are always free.

5. Contract Formation and Acceptance

5.1 When a Contract is formed

A Contract for Work is formed when, after NCG has made these Terms available to you under clause 2.1:

• you accept our Quote in writing, by email, by SMS, or verbally;
• you give Authority to Proceed;
• you pay a Deposit or advance payment for the Work; or
• you instruct NCG to commence the Work and NCG commences it.

5.2 Electronic acceptance

You and NCG each agree that acceptance and notices may be given electronically, including by email and SMS, and that an electronic communication satisfies any requirement for writing under the Electronic Transactions Act 2011 (WA).

5.3 Information you give us

You are responsible for providing accurate Site, access and service information. Subject to clause 15, NCG is not liable for delays, additional costs or defects arising from inaccurate, incomplete or misleading information supplied by you or on your behalf.

5.4 Record of your Contract

Where a Contract is formed verbally or by SMS, NCG will confirm the agreed scope and price to you in writing as soon as reasonably practicable, and will note the version of these Terms that applies.

6. Quotes, Estimates, GST and Variations

6.1 Quote validity

Unless otherwise stated, Quotes are valid for 30 days from the date issued.

6.2 GST

NCG is registered for GST. Prices quoted to Consumers are inclusive of GST and are stated as a single total price. Prices quoted to Commercial Clients may be stated exclusive of GST, in which case the Quote will say so clearly and GST will be added to the invoice. NCG will issue a valid tax invoice for all Work.

6.3 Estimates

An estimate is indicative only and may change if Site conditions, materials, access requirements, safety requirements, compliance issues, hidden defects or scope assumptions differ from what was reasonably apparent when pricing was prepared. NCG will tell you as soon as we become aware that an estimate is likely to be exceeded.

6.4 Hidden or pre-existing conditions

Quotes are based on visible and reasonably available information only. Hidden, undocumented or pre-existing defects or non-compliances are outside the quoted scope unless expressly included.

6.5 Variations and Additional Work

If Additional Work is required, NCG will tell you what it involves and what it will cost before doing it, and will issue a revised Quote or variation. NCG will not carry out Additional Work, and you will not be charged for it, until you approve the revised scope and price. Approval may be given verbally, in writing, by email or by SMS, and NCG will record it.

6.6 Urgent safety work

If NCG identifies a situation that presents an immediate risk to health, safety or property, NCG may take the minimum action reasonably necessary to make the Site safe without waiting for your approval, and will tell you as soon as possible. NCG will only charge you for that action at reasonable rates, and will seek your approval before doing anything beyond making the Site safe.

7. Deposits, Invoices and Payment

7.1 Deposits and advance payments

NCG may require payment in advance, including a Deposit, progress payments, or payment for special-order Goods. Any Deposit required will be stated in the Quote before you accept it. Clause 8 caps the Deposit for Home Building Work.

7.2 Effect of a Deposit

NCG is not obliged to schedule Work, order Goods, reserve stock or commence Services until any required Deposit is received in cleared funds.

7.3 Refund of Deposits

If a Contract does not proceed, NCG will refund your Deposit less any amounts NCG has actually and reasonably incurred or committed in connection with your Work, calculated in accordance with clause 4.2. NCG will give you an itemised account. Nothing in this clause limits your rights under the ACL.

7.4 Invoices

NCG may issue invoices for Goods supplied, Services performed, progress claims and Additional Work.

7.5 Payment terms

Unless otherwise agreed in writing, payment is due within 7 days of the date of the invoice. Where the Building and Construction Industry (Security of Payment) Act 2021 (WA) applies to the Contract, clause 9 prevails over this clause to the extent of any inconsistency.

7.6 Payment methods and surcharges

Payments may be made by any method approved by NCG, including EFT, EFTPOS, debit card, credit card or cash where accepted. NCG may apply a surcharge for card payments that does not exceed NCG's cost of accepting that payment method. Any surcharge will be disclosed to you before or at the time of payment.

7.7 Disputed invoices

If you dispute all or part of an invoice, tell NCG in writing within 7 days of receiving it, setting out what you dispute and why. You must pay any undisputed part by the due date. NCG will not charge interest on, or commence recovery action for, a genuinely disputed amount while clause 29 is being followed.

7.8 Late payment

If an undisputed amount remains unpaid after its due date, NCG may:

• charge interest on the overdue amount at 10% per annum, calculated daily from the due date until payment;
• recover the costs NCG actually and reasonably incurs in recovering the debt; and
• suspend further Work in accordance with clause 24.

NCG will give you at least 14 days' written notice before referring a debt to a collection agency or commencing legal proceedings. NCG will not charge you recovery costs that exceed the amount NCG is actually charged.

8. Residential Building Work — Home Building Contracts Act

8.1 When this clause applies

This clause applies where the Work is Home Building Work under the Home Building Contracts Act 1991 (WA) — broadly, residential building, renovation, repair or alteration work, and associated work, with a contract value between $7,500 and $500,000.

8.2 Written contract

Where that Act applies, NCG will enter into a written contract with you that complies with the Act. That contract prevails over these Terms to the extent of any inconsistency.

8.3 Deposit cap

Where that Act applies, the Deposit NCG requires before starting Work will not exceed 6.5% of the contract price, regardless of anything else in these Terms. Clause 7.1 is read subject to this clause.

8.4 Home indemnity insurance

Where the Work requires a building permit and is valued at more than $20,000, NCG will arrange home indemnity insurance as required by law before starting Work, and will give you evidence of that cover.

8.5 Your statutory rights

Nothing in these Terms excludes, restricts or modifies any right you have under the Home Building Contracts Act 1991 (WA) or any other WA building services legislation.

9. Security of Payment — Commercial Clients

9.1 When this clause applies

The Building and Construction Industry (Security of Payment) Act 2021 (WA) applies to construction contracts for construction work in Western Australia entered into on or after 1 August 2022. Plumbing, gas fitting and drainage work is construction work under that Act. The Act does not apply to home building work where the principal is an individual, the work is not for multiple dwellings or a residential development business, and the contract value does not exceed $500,000.

9.2 The Act prevails

Where that Act applies to the Contract, the Act prevails over any inconsistent provision of these Terms, and nothing in these Terms operates to exclude, modify or restrict the operation of the Act. Any provision that purports to do so has no effect to that extent.

9.3 Payment claims and adjudication

Each party retains its rights under that Act to make payment claims, respond by payment schedule, and apply for adjudication of a payment dispute. Nothing in clause 29 prevents a party from exercising those rights.

9.4 Pay when paid

Any provision making payment to NCG conditional on NCG's client being paid by a third party has no effect.

10. Client Responsibilities and Site Access

You must:

• provide safe, clear and uninterrupted access to the Site;
• ensure a person aged 18 or over is available to make decisions, approve variations and arrange payment, where required;
• disclose all relevant information about the Site that you know or reasonably ought to know, including known defects, hazards, prior works, concealed services and approvals;
• clearly identify, or arrange identification of, underground, in-wall, in-floor or concealed services where you know of them;
• provide reasonable access to water, power, parking and amenities where required; and
• ensure children, pets, occupants and third parties are kept clear of the work area.

If access is delayed, prevented or interrupted for booked Work because you have not met these responsibilities, you must reimburse NCG for the reasonable costs actually incurred as a result, including reattendance, labour downtime, equipment hire or rescheduling costs. NCG will notify you of those costs before charging them. This paragraph does not apply to free Site Visits under clause 3.1.

11. Scope of Services

NCG provides a range of plumbing, gas and contracting services across Perth's northern suburbs, Lancelin, Jurien Bay, the Pilbara and regional Western Australia, including:

• general plumbing maintenance and repairs;
• gas fitting and gas appliance connection;
• blocked drains and drainage services;
• leak detection and repairs;
• hot water system supply, replacement and installation;
• backflow prevention and testing;
• water filtration and related water services;
• renovations, fit-outs and rough-ins;
• remote earthworks, septic systems and associated excavation;
• commercial and strata plumbing maintenance; and
• related contracting services.

Urgent or reactive maintenance work may require staged attendance or investigation before a fixed price can be confirmed. NCG will tell you the price of any investigative work before carrying it out.

12. Hot Water Systems

12.1 Standard pricing assumptions

Any advertised or quoted installation price for a hot water system is generally based on:

• a like-for-like replacement of a same or similar unit;
• no material change to location, type or energy source;
• existing plumbing, gas, drainage and electrical infrastructure being suitable and compliant; and
• reasonable access to remove and install the system.

12.2 Additional Work

If additional valves, pipework, tempering valves, drip trays, drains, electrical works, pressure regulation, gas upgrades, relocation works, structural works or compliance rectification are required, NCG will issue a revised Quote and obtain your approval before proceeding, in accordance with clause 6.5.

12.3 Payment

NCG may require payment for a hot water system before ordering or delivering it, because these units are ordered specifically for your job. Where clause 8 applies to the Work, the Deposit cap in clause 8.3 applies.

12.4 Existing Site defects

Subject to clause 15, NCG is not liable for pre-existing faults, defects or non-compliances in the Site's plumbing, gas, electrical or drainage systems discovered before, during or after a hot water replacement, except to the extent caused by NCG's failure to exercise due care and skill or by NCG's breach of these Terms or of law.

13. Gas Work and Safety Compliance

All gas fitting work carried out by NCG is performed in accordance with applicable Western Australian laws, regulations, licence requirements and relevant technical standards.

Where required, NCG may carry out tightness, pressure, commissioning or compliance tests. If unsafe or non-compliant gas work is identified, NCG may be required by law to isolate or disconnect the affected service and to report the matter to the relevant authority or network operator. NCG will explain to you why any isolation or disconnection was necessary.

Any rectification work required to make an installation safe or compliant is Additional Work and is subject to clause 6.5, except where clause 6.6 applies.

14. Work Health and Safety

NCG has duties under the Work Health and Safety Act 2020 (WA) as a person conducting a business or undertaking. Nothing in these Terms operates, or is intended to operate, to exclude, limit, transfer or otherwise affect any duty either party owes under work health and safety law. Those duties cannot be contracted out of.

NCG may stop work at any time where it reasonably considers that continuing would create a serious risk to the health or safety of any person, and will explain the reason to you and discuss how it can be resolved.

15. Consumer Guarantees and Warranties

15.1 Your rights under the ACL come first

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy you have under the ACL or any other law that cannot lawfully be excluded. If any part of these Terms would have that effect, it does not apply to that extent.

15.2 Consumer guarantees

If you are a Consumer, our Services come with guarantees that cannot be excluded under the ACL. Services must be supplied with due care and skill, be fit for any purpose you told us about, and be supplied within a reasonable time. Goods come with guarantees including acceptable quality. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Goods repaired or replaced if they fail to be of acceptable quality and the failure is not a major failure.

15.3 NCG's workmanship

NCG warrants that its Services will be provided with due care and skill and in a proper and workmanlike manner consistent with normal trade standards. This warranty is in addition to, and does not limit, your rights under the ACL.

15.4 Manufacturer warranties

Manufacturer warranties apply to Goods supplied by NCG. NCG will pass on the benefit of those warranties to you and will help you make a claim under them. These warranties are in addition to, and do not limit, your rights under the ACL.

15.5 What NCG's own warranty does not cover

Subject to clause 15.1, NCG's workmanship warranty does not cover:

• misuse, neglect, accidental damage, vandalism or unauthorised repairs;
• poor maintenance, abnormal conditions or fair wear and tear;
• pre-existing Site defects that were outside the agreed scope; or
• recurrence of blockages in drains, sewers or stormwater caused by root intrusion, pipe condition or use, where NCG cleared but was not engaged to repair or replace the affected line.

15.6 Telling us about a problem

If you think there is a problem with any Goods or Services, please tell NCG as soon as you reasonably can so we can inspect and, where appropriate, put it right. Reporting promptly helps us diagnose the cause, but it is a request, not a deadline: it does not limit any right you have under the ACL, and NCG will not refuse a valid claim because it was not reported within a particular period.

15.7 Putting things right

Where NCG accepts that Goods or Services are defective, NCG will, in consultation with you and subject to your rights under the ACL, repair, replace or re-supply the relevant Goods or Services, or provide a refund or credit.

16. Liability

16.1 Your non-excludable rights

This clause is subject to clause 15.1. Nothing in it limits NCG's liability where liability cannot lawfully be limited or excluded, including liability under the consumer guarantees, for fraud, or for death or personal injury caused by NCG's negligence.

16.2 What NCG is responsible for

NCG is responsible for loss or damage caused by its own negligence, its breach of these Terms, or its breach of law.

16.3 What NCG is not responsible for

Subject to clauses 15.1 and 16.1, NCG is not liable for:

• hidden defects, latent conditions or pre-existing Site issues that were outside the agreed scope and that NCG could not reasonably have identified;
• damage caused by inaccurate, incomplete or misleading information supplied by you;
• damage to concealed services, cables, pipes or infrastructure that you knew of and did not identify to NCG; or
• delays caused by weather, supply shortages, authority delays or third parties.

16.4 Restricted access and fragile materials

When working on roofs, in ceiling spaces, under floors, or through internal areas because access is limited, NCG will take reasonable care. Subject to clauses 15.1 and 16.1, NCG is not responsible for unavoidable incidental damage to fragile, aged or deteriorated materials where that damage could not be avoided by taking reasonable care. NCG will tell you before carrying out work where this risk is apparent.

16.5 Consequential loss — Commercial Clients only

This clause applies only to Commercial Clients. To the maximum extent permitted by law, NCG is not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity or business interruption.

16.6 Cap on liability — Commercial Clients only

This clause applies only to Commercial Clients, and only where the Goods or Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption. To the extent permitted by section 64A of the ACL, and where it is fair and reasonable for NCG to rely on this clause, NCG's liability for a failure to comply with a consumer guarantee is limited to supplying the Services again or paying the cost of having them supplied again, or replacing or repairing the Goods or paying the cost of doing so.

16.7 No cap for Consumers

For the avoidance of doubt, clauses 16.5 and 16.6 do not apply to Consumers, and NCG does not seek to cap its liability to Consumers.

17. Indemnity

You indemnify NCG against loss, damage, cost or expense NCG reasonably incurs arising from:

• your breach of these Terms;
• unsafe Site conditions caused by you or persons under your control;
• your failure to provide required consents, approvals or accurate information; or
• claims by third parties arising from your instructions or your acts or omissions.

This indemnity is reduced proportionately to the extent the loss was caused or contributed to by NCG's negligence, breach of contract or breach of law. It does not extend to indirect or consequential loss, and it does not apply to a Consumer except to the extent the loss was caused by that Consumer's own wrongful act, omission or breach.

18. Insurance

NCG maintains public liability insurance for the Work it performs. NCG will provide a certificate of currency on request.

NCG's insurance does not cover your property or contents generally. You remain responsible for insuring the Site and its contents.

19. Subcontractors

NCG may engage suitably licensed and qualified subcontractors to perform part of the Work. Where NCG does so, NCG remains responsible to you for that Work as if NCG had performed it itself, and you continue to deal with NCG rather than the subcontractor.

20. Force Majeure, Delays and Work Frustration

NCG is not liable for delay or failure to perform Work due to causes beyond its reasonable control, including weather, flood, fire, industrial action, supplier shortages, authority delays, illness, equipment failure, emergency call-outs, hidden defects, access issues, safety risks or third-party acts. NCG will tell you as soon as reasonably practicable and will agree a revised timeframe with you.

If Work Frustration occurs, NCG may suspend or reschedule the Work and may invoice for Work already performed, Goods already ordered, and reasonable costs actually incurred or committed. Any advance payment will be applied to those amounts and any balance refunded to you.

If Work Frustration continues for more than 30 days, either party may terminate the Contract by written notice, and clause 24.4 applies.

21. Equipment Retrieval

Drain clearing and CCTV inspection carry an inherent risk that equipment may become stuck. NCG accepts that risk as part of its business and insures for it.

You are responsible for the reasonable cost of retrieving or replacing NCG's equipment only where the equipment became stuck, lost or damaged because you failed to disclose a Site condition that you knew of, or reasonably ought to have known of, and did not tell NCG about, in breach of clause 10. You are not responsible where NCG was negligent in deploying or operating the equipment, or where the condition was one NCG ought reasonably to have identified.

Before incurring retrieval, excavation or reinstatement costs that you may be liable for under this clause, NCG will stop, explain the situation to you, and obtain your written approval of the estimated cost. NCG will not charge you any amount you have not approved in advance.

22. Title, Risk and Security Interests

22.1 Title

Title to Goods supplied by NCG does not pass to you until NCG has received full payment for those Goods. Title does not pass on installation of Goods that become fixtures where the law provides otherwise.

22.2 Risk

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

22.3 Security interest

You grant NCG a security interest in the Goods and their proceeds under the Personal Property Securities Act 2009 (Cth) (PPSA) to secure payment for those Goods. NCG may register that security interest on the Personal Property Securities Register, and you agree to do what NCG reasonably requires to enable NCG to register and perfect it.

22.4 PPSA notices — Commercial Clients only

This clause applies only to Commercial Clients. To the extent permitted by the PPSA, you waive your right to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA, and you and NCG agree that sections 142 and 143 do not apply.

22.5 Recovery of Goods

Where Goods remain NCG's property and payment for them is overdue, NCG may, on reasonable notice and at a reasonable time, enter the Site to recover them, doing as little damage as reasonably possible and making good any damage caused.

23. Intellectual Property

All intellectual property rights in any design, drawing, plan, proposal, quote format, image, video, template or document created by NCG remain the property of NCG unless otherwise agreed in writing.

You may use those materials for the purpose for which they were supplied, including obtaining comparative quotes for the same job. You may not reproduce them for resale, tendering to others, or use on another project without NCG's written consent.

24. Suspension and Termination

24.1 Immediate suspension on safety or legal grounds

NCG may suspend Work immediately where the Site is unsafe, or where continuing the Work would be unlawful or would breach a licensing, compliance or safety requirement. NCG will tell you straight away, explain why, leave the Site in a safe and — so far as reasonably practicable — weathertight and usable condition, and discuss with you how the issue can be resolved.

24.2 Suspension on other grounds

NCG may suspend Work on 5 business days' written notice where an undisputed payment is overdue, access is denied or materially delayed, or you have not approved a variation that is necessary to complete the Work safely or lawfully. If you remedy the issue within the notice period, NCG will not suspend. Clause 24.1 applies to the state in which the Site is left.

24.3 Termination for breach

If either party materially breaches the Contract, the other party may give 7 days' written notice requiring the breach to be remedied. If it is not remedied within that period, the party who gave the notice may terminate the Contract by further written notice. This right applies equally to you and to NCG.

24.4 Consequences of termination

On termination, NCG may recover amounts due for Work performed and Goods supplied, together with costs actually and reasonably incurred or committed up to termination, calculated in accordance with clause 4.2. NCG will refund any unused advance payment after deducting those amounts and will give you an itemised account. Where NCG terminates other than for your breach, NCG will not charge you cancellation costs.

24.5 Your right to terminate

You may terminate the Contract at any time by written notice. Clause 4.2 applies to the costs payable if you do. Nothing in this clause limits your rights under the ACL, including where there has been a major failure.

25. Confidentiality

Each party must keep confidential any non-public information about the other party's business, pricing, systems or affairs that it learns in connection with the Contract, and must not disclose it except with consent, to its professional advisers, insurers or subcontractors on a confidential basis, or where required by law.

This clause does not prevent NCG from using non-identifying information about the Work for quality assurance, training or compliance purposes.

26. Privacy, Photographs and Marketing

26.1 Information NCG collects

NCG collects your name, contact details, Site address, and information about the Work in order to quote, book, supply and invoice the Work. NCG may also collect information you provide through our website enquiry form.

26.2 How NCG uses it

NCG uses and discloses that information for:

• quoting, booking and supplying Goods and Services;
• administration, invoicing and payment processing;
• customer service, quality assurance and warranty assessment;
• recovery of unpaid accounts; and
• engaging suppliers, subcontractors and service providers reasonably required to complete the Work.

26.3 Marketing

NCG will only send you marketing communications if you have consented or would reasonably expect to receive them, and every marketing message will include an unsubscribe option. You may opt out at any time by telling us.

26.4 Photographs and video

NCG may take photographs or video of the Work and Site conditions for record-keeping, warranty assessment, compliance and training. NCG will not publish any photograph or video that identifies you, your property or its location for marketing purposes without your prior consent. You may withdraw that consent at any time and NCG will stop using the material in future marketing.

26.5 Phone calls

NCG does not record telephone calls. If NCG introduces call recording in future, it will play an audible notice at the start of each call so that you can choose whether to continue, as required by the Surveillance Devices Act 1998 (WA).

26.6 Privacy Policy

More detail about how NCG handles personal information is in our Privacy Policy at northcontractinggroup.com.au/privacy.html. You may ask NCG for access to the personal information we hold about you, or to correct it, by emailing admin@northcontractinggroup.com.au.

27. Dispute Resolution

27.1 Talk to us first

If you have a concern about the Work or an invoice, contact NCG on 0412 448 545 or at admin@northcontractinggroup.com.au. Most issues are resolved quickly at this stage. NCG will acknowledge your concern within 5 business days and will work with you in good faith to resolve it.

27.2 Escalation

If the concern is not resolved within 21 days, either party may propose mediation by a mediator agreed between the parties or, failing agreement, appointed by the Law Society of Western Australia. The parties will share the mediator's costs equally.

27.3 Your other options

Nothing in this clause prevents you from, and NCG will not discourage you from, contacting Consumer Protection at the Department of Energy, Mines, Industry Regulation and Safety, lodging a building service complaint with Building and Energy, applying to the State Administrative Tribunal, or commencing court proceedings.

27.4 Urgent relief and statutory rights

Nothing in this clause prevents a party from seeking urgent interlocutory relief, or from exercising rights under the Building and Construction Industry (Security of Payment) Act 2021 (WA).

28. Notices

A notice under these Terms must be in writing and may be given by hand, email, post or SMS.

NCG's notice details are:

North Contracting Group Pty Ltd

Lancelin WA 6044

Email: admin@northcontractinggroup.com.au

Phone: 0412 448 545

A notice to you may be sent to the Site address, your last known residential or business address, your email address, or the mobile number you last provided to NCG.

A notice sent by email or SMS is taken to be received on the day it is sent if sent before 5:00 pm on a business day, and otherwise on the next business day, unless the sender receives an undeliverable or failed-delivery message.

29. General

29.1 Entire agreement and precedence

These Terms, together with any Quote, approved variation and any written contract required under clause 8, form the entire agreement between the parties about the relevant Work. If there is any inconsistency, the following order of precedence applies: first, any written contract required by the Home Building Contracts Act 1991 (WA); second, any approved variation; third, the accepted Quote; and fourth, these Terms.

29.2 Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, that part is severed and the remainder continues in full force and effect.

29.3 Waiver

A failure or delay by either party in exercising a right under these Terms is not a waiver of that right, and a single or partial exercise does not prevent further exercise.

29.4 Assignment

You may not assign the Contract without NCG's written consent, which will not be unreasonably withheld. NCG may assign or novate the Contract to a related entity or a purchaser of its business on written notice to you, provided your rights are not adversely affected.

29.5 Survival

Clauses 7 (to the extent of amounts owing), 15, 16, 17, 22, 23, 25, 26, 27, 28 and 29 survive termination or expiry of the Contract.

29.6 Governing law

These Terms are governed by the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.