Membership Terms and Conditions
I agree to be bound by all decisions that are now in place or may be adopted by the Association in the future from time to time.
Provided I remain a financial member of the Association in good standing, I acknowledge that the Association allows me access to the Association’s goods and services and permits me to display the Association’s logo to promote the Company’s membership (in accordance with the rules and regulations of the Association).
I warrant that all the information provided in the membership application is true and correct.
- The provision of improved services to the Association including:
- Billing and account management;
- Business planning and product development; and
- To provide you with information about promotions, as well as the products and services of Association partner organisations;
- The distribution of regular publications; and
- In conjunction with the Association's website for the display of contact details.
The Member agrees that the Association may report and provide the Member’s personal information to credit reporting bodies in accordance with its Credit Information Management Policy.
TERMS OF PAYMENT
- The Member must pay for all goods and services purchased from the Association within 28 days of placing such order, regardless of any date of delivery or date on the invoice. The Association may vary these credit conditions depending on the goods or services. Continued use of the Association's services after notification of the changes is subject to those changes.
- The Association may suspend services without prior notice where the Member defaults in payment. The Association may charge interest on any unpaid amounts at 15%p.a. accrued from the payment due date to the date of the payment, and The Member will also be liable to pay all debt collection expenses reasonably incurred by the Association, including legal costs on a solicitor/own client basis.
- The Association at its sole discretion may require the Member to pay a non-refundable deposit before the association will provide the services.
- The Member acknowledges and agrees that any credit to be provided to the Member by the Association is to be applied wholly or predominantly for commercial purposes.
- The Member must pay GST on any taxable supply made by the Association to the Member under this Agreement. The payment of GST is in addition to any other consideration payable by the Member for a taxable supply. If as a result of:
- any legislation becoming applicable to the subject matter of this Agreement; or
- any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;
the Association becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Member, then the Member must pay the Association these additional amounts on demand.
- All payments required to be made by the Member under this Agreement will be made free of any set-off, or counterclaim and without deduction or withholding.
- Any amount due to the Association from time to time may be deducted from any monies which may be or may become payable to the Member by the Association.
GENERAL TERMS AND CONDITIONS
- The Member warrants, acknowledges and agrees that it is operating a bona fide plumbing, gas, drainage, roofing or mechanical services business within the plumbing industry and that it has obtained or licences, certifications, permits and authorities to conduct such a business.
- The Association may in its sole discretion, without prior notice and for its own convenience cancel any trading arrangements with the Member.
- The Association reserves the right to withdraw credit at any time or place a limit on the Member’s credit, whether the Member is in default under the terms of this Agreement or not.
- Upon cancellation of the Member’s credit with or without notice all liabilities incurred by the Member become immediately due and payable to the Association.
- The Association reserves the right to not supply services to the Member in the event the Member:
- breaches this Agreement;
- ceases to be a member of the Association; or
- ceases to operate a bona fide plumbing, gas, drainage, roofing or mechanical services business within the plumbing industry.
- If any goods or services are unable to be supplied to the Member, the Association reserves the right to cancel the order for goods or services and refund the price paid for the goods or services impacted.
- The Association reserves the right not to honour any incorrect offers represented made by genuine human or system error. If an order made by a Member is affected by an error (or e.g., in a description, an image, price or otherwise), the Association will reject that part of the order affected by the error. The Member will be refunded the value of that part of the order affected by the error and the Association will fulfil the remainder of the order.
- Except as provided below, all express and implied warranties and conditions under statute or general law as to description, quality, suitability, or fitness of any goods or services for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are hereby expressly excluded. The Association shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, installation or operation of any goods or services or arising out of contract or negligence or in any way whatsoever.
- The Association’s liability for trade and non-consumer sales for a breach of condition or warranty implied by the Competition and Consumer Act 2010 (Cth) (Act) is limited to any one or more of the following:
- where the supply is for goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment or the cost of having the goods repaired.
- where the supply is for services:
- supplying the services again; or
- providing for the cost of having the services supplied again.
- where the supply is for goods:
- The Association is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Member.
- If the Member is a consumer for the purposes of the Australian Consumer Law the following statement applies:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
a. to cancel your service contract with us; and
b. to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- Nothing in this Agreement will be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right or remedy implied by the law (including the Act) and which by law cannot be excluded, restricted or modified.
- The Member agrees that the Association may make all reasonable investigations from time to time into Member's financial standing and credit worthiness, including but not limited to the following:
- Obtaining a credit report from a credit or commercial reporting agency containing personal or commercial credit information about the Member and their credit worthiness, standing, history or capacity;
- Giving to, and obtaining from, the Member's trade references, any credit provider, or anyone the Association may reasonably consider necessary, information about the Member's personal or commercial credit status; and
- Obtaining information from a financial professional for purposes connected with the business, trade or profession of the Member.
- The Member authorises the accountant/s and / or financial institution/s for the Member to supply such information on the financial and credit position and status of the Member as is reasonably required by the Association. If required by the Association, the Member will provide any and all necessary authorities to enable such organisations to provide the relevant information.
- The Member acknowledges that the Association has informed the Member, in accordance with the Privacy Act 1988, that certain terms of personal information about the Member are permitted to be kept on a credit information file and might be disclosed to credit reporting agencies.
- The Member acknowledges and agrees that the Member is only a member of the Association and does not have any right to speak on behalf the Association or bind the Association to any agreement. Where the Member is approached by media in respect of matters concerning the Association the member must refer the matter to Association’s committee. The Member agrees to indemnify the Association and keep the Association indemnified against any claim, loss, damage or expense related to the Member’s breach of this clause.
- An unpaid invoice of the Association is proof of the monies owing by the Member as at the date of the invoice unless the Member proves to the contrary.
- The Association may change or vary this Agreement by giving the Member reasonable notice in writing. Continued use of the Association's services after notification of the changes is subject to those changes. Where the member does not agree to the variations made to Agreement is such notice the member may terminate their Membership prior to the date those changes are given effect as noted in the notice given to the Member.
- Failure to exercise, or delay in exercising, any right under this Agreement shall not constitute waiver of that or any other right under this Agreement, nor shall it prelude or restrict any further exercise of that or any other right or remedy. Any waiver by the Association must be in writing.
- A party claiming that a dispute has arisen under this Agreement shall give written notice to the other party providing particulars of the dispute and nominating a person with authority to settle the dispute.
- The authorised persons shall within ten (10) business days of giving the notice of the dispute will discuss the dispute with the other party, in good faith and without prejudice, and seek to resolve the dispute.
- If the dispute is not resolved within twenty (20) business days of giving the notice of dispute, a party may refer the dispute to commercial arbitration for resolution.
- If any arbitration award is in favour of the Association, the Member shall pay the Association's costs in respect of the arbitration on a solicitor / own client basis. The arbitrator shall tax costs at the conclusion of the arbitration.
- The Association is not liable for any loss caused to the Member by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Association’s control.
- If the Member becomes insolvent, the Member remains liable under this Agreement for payment of all liabilities incurred hereunder. The Member remains liable under this Agreement even if the Association receives a dividend or payment as a result of the Member being insolvent.
- The Member acknowledges and agrees that this Agreement will be governed by the laws of Queensland and the laws of the Commonwealth of Australia which are in force in Queensland and the Member submits to the non-exclusive jurisdiction of the courts of Queensland and the relevant federal courts and courts competent to hear appeals from those courts.
- This Agreement constitutes the entire agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this Agreement are merged in this Agreement and are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of this Agreement or constitutes any collateral agreement, warranty or understanding.
- Force majeure
- The Association is not liable for any loss caused to the Member by reason of strikes, government restrictions, pandemics, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Association’s control.
- Notwithstanding anything contained in this agreement, if the Association is unable to trade due to strikes, government restrictions, pandemics, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Association’s control, then the Association’s obligations under this Agreement are suspended until the date the Association is able to trade again.
SECURITY FOR PAYMENT AND GUARANTEE
- If the Member is the trustee of a trust, then they will be liable hereunder both in their personal capacity and in their capacity as trustee of the trust for performance of all obligations contained in this Agreement. Such Member charges all rights of indemnity they have against the trust with the payment of any monies payable under this Agreement.
- If the Member is a partnership, the Member warrants that all of the partners have signed this Agreement.
- The Member as beneficial owner and as trustee of any trust charges in favour of the Association all of the Member's right, title and interest in real and personal property (including real property acquired in the future) to secure the payment of all money and the observance and performance of the Member's obligations under this Agreement and the Association may register a caveat over the Member's real property in respect of this charge.
- The Member indemnifies and keeps indemnified the Association against all costs (including legal costs on a solicitor and own client basis, commercial agents' fees and commissions) associated with the recovery of payment of any monies outstanding.
- The Association may from time to time require the Member to provide security as a condition of continuing this Agreement and future supply of goods and services. For the purposes of this clause, 'security' includes a guarantee, indemnity, mortgage or charge granted by a person nominated by and on nominated conditions by the Association.
- In consideration of the Association agreeing to supply goods and services from time to time at the request of the Member, if the Member is a corporation or a partnership, each director or director (as is applicable) signing the Membership Application Form (Guarantors) jointly and severally, personally and unconditionally guarantees the:
- punctual payment of all monies owed by the Member to the Association pursuant to this Agreement; and
- performance and observance by the Member of all of the terms of this Agreement (Guarantee).
- If at any time the Member defaults in payment, the Guarantors will pay on demand the whole of the money then due plus any charges costs and expenses (including legal costs on a solicitor /own client basis) which the Association may incur as a result of the default of the member or calling on this Guarantee.
- The Guarantors indemnifies and keeps indemnified the Association from all loss and damage incurred as a result of the Member defaulting in payment to the Association.
- The Guarantors mortgage and charge to and in favour of the Association all right, title, estate, dividends and interest which the Guarantors now hold or may hold or acquire in the future, any real or personal property with the amount of the money secured.
- Notwithstanding whether any sum of money may not be recoverable from the Member whether by reason of any legal limitation, disability or incapacity on or of the Member or any circumstance, it be recoverable from the Guarantors as principal debtors and shall be paid to the Association on demand.
- The Guarantors liability under the guarantee shall not be impaired or discharge by reason of any time or other concession granted by the Association to the Member, or by any arrangement entered into between the Association and the Member, or any judgement or security obtained by the Association against the Member.
- This guarantee shall be a continuing guarantee for the whole of the amount that is payable by the Member on any account.
- The Association may seek from a credit reporting agency a credit report containing personal information to assess whether to accept the Guarantors as a Guarantor for credit applied for, or provided to, the Member.
- The Guarantor may revoke the Guarantee in regards to future transactions by two weeks' written notice to the Association. Termination of the guarantee does not alter the Guarantor's contingent liability in respect of any money owing, incurred or due prior to the expiration of the notice period.
- If the Member is bankrupt or is wound up, the Guarantors are not entitled to prove or claim in the bankruptcy or winding up in competition with the Association so as to diminish any dividend or payment which but for such proof the Association would be entitled to receive in such bankruptcy or winding up, and the receipt of any dividend or other payment which the Association may receive in such bankruptcy or winding up will not prejudice or affect the Association’s right to recover from the Guarantors the money hereby guaranteed.
- Any dispute that arises under this guarantee shall be resolved in accordance with the dispute resolution procedure set out in clause 15 of this Agreement.
LICENSING (Contractor Members)
- Contracting Members who do not currently hold a valid contractor’s licence with the relevant licensing authority are able to obtain a membership with MPAQ, upon the provision of the Member seeking to gain a valid contractor’s licence within one year of joining the Association. During the period of which a valid contractor’s licence is not obtained by the Member, they will fall under a ‘pending licence’ status and will not be eligible for benefits such as the ‘Find a Plumber’ function on the MPAQ website. MPAQ will not promote a Member to consumers to perform plumbing work when they are not appropriately licensed. The contracting Member must inform MPAQ immediately upon the successful obtainment of a contractor’s licence so their status can be updated to ‘Financial’. Should the contracting Member not obtain a contractor’s licence within one year of membership, MPAQ reserves the right to cancel membership until the appropriate licence is held.
- In this document:
- Agreement means these terms and conditions as accepted by the member executing a Membership Application.
- Association means the Master Plumbers Association of Qld Union of Employers.
- Membership Application means the form signed by member when they apply to be a member of the Association.
- Member means the person noted on the Membership Application.
- Rules means the Associations constitution as amended from time to time.
- No rule of construction applies to the disadvantage of a party on the basis that the party put forward this Agreement or any part of it.
- If any provision of this Agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms. If any part of this Agreement is invalid or unenforceable, that part is deleted and the remainder of the Agreement remains effective.
- References to the singular form of a word include the plural form and vice versa.
- A reference to a party includes that party's executors, administrators, substitutes, successors and permitted assigns.