Terms and Conditions of Trade

Magic Drains – Can Do Plumbing And Gas Ltd
January 2026

1. Definitions

In these Terms and Conditions:
1.1 “The Company” refers to Magic Drains or Can Do Plumbing And Gas.
1.2 “The Client” refers to you.
1.3 “The Work” or “Work” refers to the work contracted for and all other work reasonably necessary to undertake the contracted work unless excluded by these terms and conditions.

2. Prices and General Terms

2.1 The Work quoted by the Company shall be charged at the price quoted, and shall strictly be limited to the work quoted for. All prices quoted exclude GST.
2.2 Any Work required outside of the quoted Work is deemed to be an extra and will be charged as a separate job, on the basis of these terms and conditions.
2.3 Unless the Work is subject to a quote in writing provided by the Company, all Work shall be undertaken on a charge up basis.
2.3.1 Charge up means labour charged at the Company’s hourly rates (rates available on request), and all materials supplied by the Company charged at retail prices.
2.3.2 The Company’s minimum fee on a charge out basis is for 1 hour, and otherwise time is charged in 1/2 hour increments thereafter.
2.3.3 Minimum call out fee $130.00 + GST.
2.4 The Company is entitled to charge the Client for all reasonable expenses incurred including parking travel and administration.
2.5 The Company assumes in agreeing to undertake the Work that:
2.5.1 Electricity supply, water supply and wc facilities will be provided by the Client free of charge.
2.5.2 All permits and consents have been granted and issued prior to Work being undertaken on site, unless uplifted by The Company as recorded on quote.
2.5.3 Concrete breaking – we have allowed to remove concrete of 100mm deep only, any deeper will be charged as an extra.
2.5.5 The Company will endeavour to start all accepted quoted as soon as possible but are limited to events out of our control e.g. weather, staffing levels, priority of emergency jobs.

3. Terms of Payment

3.1 All jobs to be paid on completion unless otherwise specified in writing.
3.2 The Client will pay all collection and legal costs actually incurred by the Company (including actual solicitor/client costs that are related to the collection or recovery of any unpaid account).
3.3 For ongoing Work, the Company may, at its discretion, issue progress payment claims to the Client at monthly intervals.
3.4 No retentions are to be held or deducted by the Client.
3.6 By booking a job & engaging The Company you are deemed to be the client, The Company will not enter into a 3rd party payment arrangement unless prior arrangement has been made at the time of booking.

4. Interest

4.1 The Company reserves the right, at its sole discretion, to charge interest on any invoice not paid in full by the due date. Such interest shall be charged at the rate of 2.5% per month.

5. Excluded Work

5.1 Unless expressly agreed in writing no allowance has been made for the following, which will not form part of the Work: Painting; Rock excavation, ripping or blasting; Removal of contaminated soil; Concrete and bitumen cutting removal and or reinstatement; Compaction, density testing and other associated testing of trenches; Soil or concrete off site; Imported fill for compaction and back fill; Diversion and repair of existing services damaged in excavation; Location of other services, GPS plotting or CAD drawings; Alteration or realignment of other services i.e. telecom, utilities; Paving or repaving (we will replace any paving removed but not necessarily to a tradesman’s standard); Clashing of Services; Pole Support.

6. Trees

6.1 The Company will not be held responsible or liable in any way for trees/plants that perish due to root damage from our excavation, drain clearing/cleaning or RootX application.

7. Blocked Drains & CCTV

7.1 The Company will not be held responsible for any sewer surcharge/blowback during drain cleaning. While very rare, air pressure changes can blow water from the toilet bowl; it is suggested that while your toilet is not in use, please leave the lid down and cover it with something heavy.
7.2 Price: The standard charge to clear a blocked drain or a CCTV inspection during normal working hours (Mon-Fri 7am- 5pm) is $270.00 + GST. If the job goes over the 1st hour onsite, $130.00 + GST will be charged for labour & machinery for time onsite thereafter (charged in half hour increments).
7.3 If the Company unblocks a drain and it reblocks within 14 days, the Company shall undertake further work to unblock the drain free of charge, subject to documented faults or excavation requirements.
7.5 All locations are to the best of our ability however we will not be held liable for inaccuracies in marking out.
7.8 The Company will not be responsible for the cost recovery of any equipment stuck in a failed/faulty drain, and has the immediate right to retrieve such equipment at the clients expense.
7.9 The Company plant & equipment will not damage or harm a drain that is in good serviceable condition, however if damage occurs to an already faulty section of drain, The Company will not be held responsible.

8. Ownership

8.1 It is expressly agreed that the Company retains ownership of any goods supplied until those goods have been paid for in full.

9. Validity

9.1 If a term or condition herein is held by a Court to be unenforceable then such term or condition shall be severed from all other terms and conditions without affecting the enforceability of those other terms and conditions.

Construction Contracts Act 2002 – Important Notice

Section 2, Construction Contracts Act 2002 – Important Notice What is this? This notice is attached to a claim for a payment (a payment claim) under the Construction Contract Act 2002 (the Act). The person who sent this payment claim (the claimant) is claiming to be entitled to a payment for, or in relation to, the construction work carried out to date under a construction contract. Whether that person is entitled to a payment, and how much they are entitled to, will depend on whether you have a construction contract and what you have agreed between yourselves about payments. If you haven’t agreed on payments, there are default provisions in the Act. What should I do with this payment claim? You can either –

Pay the amount claimed in the payment claim (in full) on or before the due date for payment; or
If you dispute the payment claim, send the claimant a written payment schedule that complies with section 21 of the Act (a payment schedule) stating the amount you are prepared to pay instead (which could be nothing).

The due date for a payment is the date agreed between you and the claimant. That due date must be set out in the payment claim. If you haven’t agreed on a due date, then the Act says that a payment claim is due within 20 working days after the payment claim is served on you. (For the purposes of the Act, a working day is any day other than a Saturday, a Sunday, a public holiday, or any day from the 24 December to 5 January.)

When do I have to act? You should act promptly. Otherwise, you may lose the right to object. What if I do nothing? If you don’t pay the amount claimed by the due date for payment or send a payment schedule indicating what you will pay instead, the claimant can go to court to recover the unpaid amount from you as a debt owed.

In addition, the court may decide that you have to pay the claimant’s cost for bringing the court case. Can I say that I will not pay, or pay less than, the claimed amount? Yes, by sending a written payment schedule. Note: If you do not send a written payment schedule, the claimant can bring court proceeding against you or refer the matter to adjudication (or both)

How do I say I will not pay, or pay less than, the claimed amount? To say that you will pay nothing or indicate what you will pay instead, you must send the claimant a written payment schedule. You must indicate the amount that you are prepared to pay, which could be nothing. This amount is called the scheduled amount. If the scheduled amount is less than the claimed amount, you must explain in the payment schedule How you calculated the scheduled amount; and Why the scheduled amount is less than the claimed amount; and Your reason or reasons for not paying the full amount claimed. Note: The written payment schedule must also state which payment claim the payment schedule relates to. Note: If you state in the payment schedule that you will pay less than the claimed amount or pay nothing at all, the claimant may refer the dispute about how much is owing for adjudication.

How long do I have? You must send a payment schedule by the date agreed in the contract or, if no date was agreed, within 20 working days after the payment claim was served on you. If I say I will pay another amount instead, when do I have to pay it?

You must pay the scheduled amount by the due date for payment. What If I don’t pay the scheduled amount when I say I will? If you send a payment schedule but do not pay the scheduled amount by the due date, the claimant can go to court to recover the unpaid amount from you as a debt owed or refer the matter to adjudication (or both). Note: A court may also require you to pay the claimant’s costs. Advice Important: If there is anything in this notice that you do not understand or if you want advise about what to do, you should consult a lawyer immediately.