Terms and Conditions

GENERAL TERMS AND CONDITIONS

OUR TERMS & CONDITIONS OF TRADING The Customer accepts and guarantees to comply with and abide by the Terms and Conditions of Trading of PFG GROUP WA PTY LTD ABN 37 653 763 994 (herein referred to as the Supplier):

1. Our Terms and Conditions of Trading are strictly COD (Cash on Delivery) unless originally and previously agreed and specified by the Supplier.

2. Penalty interest: If any amount remains outstanding more than 7 days after the due date for payment then interest will be 0.05% per day.

3. The Supplier retains title to the products until all payments are paid in full by the Customer.

4. Until payment is made in full the Customer must store the products in such a manner that they are distinguishable as being the property of the Supplier and the Customer agrees to grant to the Supplier a Purchase Money Security Interest in accordance with the Personal Property Securities Act 2009 (Cth) (PPSA).

5. The Customer shall be liable for all costs, losses, damages, expenses incurred by the Supplier in retaking possession of the products. After 90 days the products re-possessed shall be sold and credited to the debt amount.

6. The Customer is liable for all debt recovery costs including solicitors’ and debt collection agency fees..

7. The Customer acknowledges that these Terms & Conditions constitute a Security Agreement which creates a Security Interest in favour of the Supplier in accordance with the PPSA and the Customer accepts that the Supplier may register a Security Interest of a Financing Statement or Financing Change Statement to the PPSR so as to protect its products.

8. In the event of default the Customer grants the Supplier the right to register a caveat on any such real estate owned by the Customer and the Supplier is granted the right to appoint a receiver and to act as the Customer’s attorney in the sale of such property(ies).

9. The Customer shall indemnify the Supplier against any costs the Supplier incurs in perfecting and maintaining its perfected Security Interest under the PPSA and any cost the Supplier may incur in the course of enforcing any of its rights in accordance with the PPSA.

10. If the Customer is acting as the trustee of any trust (or managing agent for property owners) then the Customer declares that it is authorising the products in its own capacity as trustee of the trust (or as agent for principal) with the ability to bind, and the intention of binding both.

11. The customer agrees that all transactions shall be governed by the laws of Western Australia and both parties unconditionally submit to the jurisdiction of the courts of Western Australia.

LEAK DETECTION INVESTIGATIVE DAMAGE WAIVER AGREEMENT

This Leak Detection Investigative Damage Waiver Agreement ("Agreement") is made effective as of the booked date and time specified in the service scheduling details, by and between PFG Group PTY LTD, and the customer as per our terms and conditions above.

RECITALS

WHEREAS, the Property Owner desires to engage the Service Provider to perform leak detection services, which may include invasive investigative work at a property as specified in the service terms and conditions ("Property");

WHEREAS, the Property Owner acknowledges that the investigative procedures necessary to detect leaks may cause damage to the Property, including but not limited to the disturbance of walls, flooring, and underground pipelines;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Description of Property: The Property, as referred to in this Agreement, shall be the address specified under the terms and conditions applicable to the particular leak detection service session engaged by the Property Owner.

2. Acknowledgment of Invasive Procedures: The Property Owner understands and agrees that the investigative procedures required for comprehensive leak detection, such as drilling or cutting into walls, floors, and other structural components of the Property, are potentially destructive and may result in damage.

3. Consent to Invasive Procedures: The Property Owner hereby consents to such invasive procedures and acknowledges that these actions are essential for accurate and thorough leak detection.

4. Waiver of Liability for Investigative Damages: The Property Owner agrees to waive and release the Service Provider from any and all liability for damages or alterations to the Property caused by the investigative work performed for leak detection, except where damage results from the gross negligence or willful misconduct of the Service Provider.

5. Notification and Documentation of Damage: The Service Provider shall inform the Property Owner of any damages incurred during the investigative process and shall document such damages in writing, including photographs and a detailed description of the nature and location of the damage.

6. Entire Agreement: This document represents the entire agreement between the parties related to the subject matter hereof and supersedes all prior discussions, agreements, or representations, whether oral or written.

7. Amendment: No amendment, modification, or addition to this Agreement shall be binding unless in writing and signed by both parties.

BLOCKED DRAIN TERMS OF SERVICE

This Blocked Drain Recurrence Liability Waiver Agreement ("Agreement") is made effective as of the booked date and time specified in the service scheduling details, by and between PFG Group PTY LTD, and the customer as per the terms and conditions above.

RECITALS

WHEREAS, the Property Owner has engaged the Service Provider to address and service blocked drain issues at the property specified under the terms and conditions applicable to the particular service session ("Property");

WHEREAS, the Service Provider has recommended a camera inspection of the drains to fully diagnose potential issues and prevent future occurrences of blockages;

WHEREAS, the Property Owner has declined the recommended camera inspection;

1. Description of Property: The Property, as referred to in this Agreement, shall be the address specified under the terms and conditions applicable to the particular service session engaged by the Property Owner.

2. Acknowledgment of Recommendation: The Property Owner acknowledges that the Service Provider has recommended a camera inspection of the Property’s drainage system to accurately diagnose the cause of blockages and to provide effective prevention strategies. The Property Owner understands that without such a diagnosis, blockages may recur.

3. Declination of Recommended Services: The Property Owner hereby declines the recommended camera inspection and any related diagnostic services and acknowledges that by declining such recommendations, the risk of recurring blockages may increase.

4. Release from Future Liability: The Property Owner agrees to release and forever discharge the Service Provider from any and all claims, costs, liabilities, expenses, and demands that may arise in the future related to recurring blockages of the drains at the Property, provided that these reoccurrences are not due to gross negligence or willful misconduct on the part of the Service Provider.

5. Notification of Recurrence: Should a blockage recur, the Service Provider may require a camera inspection before any further servicing is performed. The Property Owner agrees that this will be at their own expense.

7. Amendment: No amendment, modification, or addition to this Agreement shall be binding unless in writing and signed by both parties.