XCEED SERVICES PTY LTD
31 679 758 957
NSW Contractor Licence 470657C
Level 1, 63-73 Ann St, Surry Hills NSW 2010
A. QUALITY OF CONSTRUCTION: All residential building, plumbing, and drainage work carried out under this contract will comply with: (a) The Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979); and (b) All other relevant codes, regulations, and industry standards, including the Plumbing Code of Australia, AS/NZS 3500, and any conditions specified in development consents or certificates.
B. DEPOSIT AND PAYMENT TERMS: The maximum deposit requested or payable prior to the commencement of any residential building work under this agreement shall not exceed 10% of the total contract price. Balance of payment is due upon practical completion.
C. CONSUMER BUILDING GUIDE ACKNOWLEDGEMENT: By executing and signing this document, the Customer acknowledges that they have been provided with, and have had the opportunity to read, the NSW Fair Trading “Consumer Building Guide” prior to signing this contract
IMPORTANT CONTRACT VALUE NOTICE
These Terms form part of quotations and service agreements issued by XCEED SERVICES PTY LTD. For residential building work in NSW with a contract price over $5,000, a written contract meeting the Home Building Act 1989 (NSW) requirements is required. For residential building work over $20,000, XCEED SERVICES PTY LTD will use or provide the additional large-job contract information, prescribed checklist, cooling-off information, progress payment schedule and Home Building Compensation documentation required by law. These Terms do not replace any mandatory document or statutory requirement that applies to a particular job.
1.1 In these Terms: ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth). Agreement means the accepted quotation, scope of work, these Terms, any signed variation, and any other document expressly incorporated into the contract. Contractor, Xceed, we, us and our mean XCEED SERVICES PTY LTD (ABN 31 679 758 957), NSW Contractor Licence 470657C. Customer means the person or entity named in the quotation or service agreement and any authorised representative who instructs the Contractor. Contract Price means the price stated in the accepted quotation, as lawfully varied. Practical Completion means the stage when the agreed Works are complete and reasonably capable of being used for their intended purpose, subject to minor omissions or defects that do not prevent that use. Works means the plumbing, drainage, gas, hot water, inspection, investigation, maintenance, repair, installation or related services described in the quotation. Existing Components means any preexisting pipes, fixtures, valves, seals, appliances, fittings, structures or systems not supplied by the Contractor as part of the Works.
1.2 Headings are for convenience only. A reference to legislation includes amendments and replacement legislation. If any provision conflicts with a non-excludable statutory right, the statutory right prevails.
2.1 The Agreement is formed when the Customer accepts the quotation or otherwise authorises the Contractor to proceed with the Works, subject to any mandatory statutory signing or cooling-off requirements.
2.2 The scope, inclusions, exclusions, assumptions, price and any special conditions in the quotation form part of the Agreement.
2.3 If there is an inconsistency, any mandatory statutory requirement prevails, followed by any signed special conditions or variation, the accepted quotation and then these Terms.
2.4 For residential building work over $5,000, the Customer must receive the current NSW Consumer Building Guide before signing the relevant contract. The Customer’s signature confirms receipt and opportunity to read it.
2.5 The Customer warrants that they are the owner of the premises or are authorised by the owner to request and approve the Works.
2.6 Entire Agreement and Representations: The Agreement constitutes the entire agreement between the parties concerning the Works and supersedes prior discussions, negotiations and understandings concerning the same Works, except for any representation, statutory right or obligation that cannot lawfully be excluded. The Customer acknowledges that any specific requirement, representation or promise they wish to rely upon should be recorded in the quotation or another Contract Document.
2.7 Where the Customer is not the registered owner, the Customer warrants that they have all authority reasonably necessary to instruct and approve the Works. To the extent permitted by law, the Customer is responsible for reasonable loss or cost directly resulting from a material breach of that warranty.
3.1 The Contractor will perform only the Works described in the accepted quotation and any approved variation.
3.2 Unless expressly included, a quotation does not include rectification of concealed defects, asbestos or hazardous material removal, structural work, electrical work, specialist engineering, authority fees, excavation, restoration of finishes, landscaping, painting, tiling, cabinetry, access repairs, or work to systems not identified in the quotation.
3.3 Quotations are based on conditions reasonably observable or information available at the time of quotation. Concealed, latent or unexpected conditions may require a variation.
3.4 Search, diagnostic and investigation services are charged for the investigation performed. Unless expressly stated, payment for an investigation does not guarantee that the source of an intermittent, concealed or inaccessible fault can be identified on the first attendance.
3.5 Diagnostic findings are based on conditions observable or measurable at the time of attendance. Intermittent, concealed or inaccessible faults may not be present or detectable during an inspection. Unless expressly guaranteed in writing, a diagnostic attendance does not constitute a guarantee that every defect within the plumbing, drainage, gas or related system has been identified.
4.1 The Customer must provide safe, reasonable and timely access to the premises and to the areas necessary to perform the Works.
4.2 The Customer must disclose known hazards, asbestos, unsafe structures, aggressive animals, restricted access, contaminated areas and other information reasonably relevant to the safety or performance of the Works.
4.3 The Customer must remove or protect personal property where reasonably requested and provide reasonable access to electricity, water and sanitary facilities where required for the Works.
4.4 If the Customer or another person prevents access, causes delay or requires additional attendances, the Contractor may charge reasonable additional costs that are properly incurred and disclosed.
4.5 The Customer must not direct the Contractor to perform work that is unlawful, unsafe or contrary to applicable plumbing, gas, building or WHS requirements.
4.6 Unless expressly included in the quotation, the Customer is responsible for obtaining any owner, landlord, strata, body corporate, development, access or other property-related consent required for the Works. XCEED SERVICES PTY LTD remains responsible for plumbing, drainage or other regulatory documents that the Contractor is required by law to prepare, submit or provide.
4.7 The Contractor may reasonably rely on information supplied by the Customer concerning the property, existing services, previous work, concealed services, faults, access and relevant history. The Contractor is not responsible for additional cost, delay or consequences arising from materially inaccurate, incomplete or withheld information, except to the extent caused by the Contractor’s own failure to exercise due care and skill.
5.1 Any call-out, attendance, emergency, diagnostic or investigation fee will be disclosed before it is charged, or otherwise shown in the quotation or booking confirmation.
5.2 Where a promotional $0 Call-Out Fee applies, the separate promotional conditions in clause 25 apply.
5.3 Emergency and after-hours attendance may attract different rates. Those rates will be disclosed before chargeable work is undertaken where reasonably practicable.
6.1 For residential building work to which the Home Building Act 1989 (NSW) deposit limit applies, the Contractor will not request or accept a deposit exceeding 10% of the Contract Price.
6.2 For residential work between $5,000 and $20,000, the balance is due on Practical Completion unless a lawful written payment arrangement forming part of the Agreement provides otherwise.
6.3 For residential work over $20,000, any progress payment schedule will comply with applicable NSW requirements and payments will relate to work actually carried out or costs lawfully claimable under the Agreement.
6.4 For work outside the statutory residential building contract regime, payment is due in accordance with the quotation or invoice.
6.5 Where work has commenced but cannot be completed during the attendance for reasons not caused by a breach by the Contractor, the Contractor may request a reasonable progress payment reflecting work performed and materials supplied, subject always to applicable law and the agreed payment schedule.
6.6 The Customer must pay undisputed amounts when due. Nothing in this clause prevents a Customer from exercising a right to dispute, withhold, set off or seek a remedy where such right cannot lawfully be excluded.
6.7 Overdue amounts may accrue reasonable interest and reasonable debt recovery costs to the extent permitted by law and only where properly incurred.
7.1 Variations must be in writing, describe the change and any effect on price or timing, and be signed or otherwise validly accepted by both parties before the varied work begins, except where the law permits urgent work to proceed without prior written approval.
7.2 A variation may be required where concealed or unexpected site conditions are discovered, the Customer changes the requested scope, authority requirements change, or additional work becomes reasonably necessary.
7.3 The Contractor will not use a variation to avoid its responsibility to complete the original agreed Works.
8.1 If an immediate condition creates a risk to people, property or essential services, the Contractor may take reasonable temporary steps necessary to make the site safe, isolate services or prevent further damage.
8.2 Where additional chargeable work is required, the Contractor will seek approval before proceeding whenever reasonably practicable. Any urgent work undertaken without prior approval will be limited to what is reasonably necessary and permitted by law.
8.3 Where the Customer authorises a temporary, emergency or make-safe repair rather than permanent rectification, the Customer acknowledges that the purpose of that work is to temporarily control the immediate issue and that further repair or replacement may be required. Unless expressly stated otherwise in writing, a temporary repair is not represented as permanent rectification.
9.1 Any start or completion date is an estimate unless the Agreement expressly states that a date is guaranteed.
9.2 The Contractor is not responsible for delay caused by events beyond its reasonable control, including supplier delays, access restrictions, unsafe site conditions, weather, authority requirements or concealed conditions.
9.3 The Contractor will notify the Customer of material delays where reasonably practicable and will take reasonable steps to minimise avoidable delay.
9.4 Nothing in this clause removes any statutory right the Customer may have where services are not supplied within a reasonable time.
10.1 Plumbing systems commonly contain components of different ages and conditions. Unless expressly included in the scope, the Contractor does not warrant Existing Components that remain in service.
10.2 Where access to an Existing Component is reasonably necessary to perform the approved Works, the Contractor will use due care and skill. Normal servicing, removal, reconnection, testing or operation of an Existing Component does not make the Contractor responsible for its age, pre-existing deterioration or remaining service life.
10.3 The Contractor is not liable for an unrelated or subsequent failure of an Existing Component merely because work was carried out on the same fixture or system, except to the extent the failure was caused by the Contractor’s breach of contract, negligence, failure to exercise due care and skill, or another liability that cannot lawfully be excluded.
10.4 If the Contractor recommends replacement of an aged, damaged, obsolete or deteriorated component and the Customer elects to retain it, that decision will be recorded where practicable. The Customer remains entitled to all nonexcludable rights in relation to the Works actually performed.
10.5 Where an Existing Component cannot reasonably be reused, resealed, reconnected or returned to service despite the exercise of due care and skill, the Contractor will explain the issue and obtain approval for any additional chargeable replacement work before proceeding, except for urgent safety work permitted by clause 8.
11.1 Where excavation or invasive access is included, the Contractor will exercise reasonable care to identify and avoid known or reasonably discoverable services and structures.
11.2 The Customer must provide any plans or information in their possession concerning concealed services, easements or known site conditions.
11.3 The Contractor is not responsible for inaccurate, incomplete or unavailable information concerning concealed services except to the extent loss or damage is caused by the Contractor’s failure to exercise reasonable care.
11.4 Reinstatement of concrete, paving, landscaping, walls, ceilings, cabinetry, tiles or other finishes is excluded unless expressly stated.
12.1 Materials supplied by the Contractor will be new and suitable for their intended purpose unless the Agreement expressly provides otherwise.
12.2 Where the Customer supplies a product, fixture or appliance, the Customer is responsible for its selection, completeness, compatibility and manufacturer warranty. The Contractor remains responsible for installing it with due care and skill where installation is within the agreed scope.
12.3 If a customer-supplied item is defective, incompatible or cannot lawfully be installed, the Contractor may suspend that part of the Works and charge reasonable costs for work already performed or additional attendance, subject to the Agreement and applicable law.
12.4 Title to unfixed materials supplied by the Contractor remains with the Contractor until paid for to the extent permitted by law. Risk passes in accordance with applicable law and the circumstances of installation.
12.5 Unless the Customer requests otherwise before removal, components, materials and waste removed as part of the Works may be removed from site and disposed of by the Contractor. Where a removed component is reasonably required to be retained for warranty, regulatory, insurance or evidentiary purposes, the Contractor may retain it for a reasonable period.
13.1 The Contractor will carry out required testing and commissioning appropriate to the Works and applicable law.
13.2 Where required for the particular plumbing or drainage work, the Contractor will prepare, submit or provide the applicable Notice of Work, Certificate of Compliance, Sewer Service Diagram, inspection booking or other regulatory documentation.
13.3 Regulatory documents may be issued after completion where the applicable authority process requires later lodgement or inspection.
13.4 The Customer must reasonably cooperate with any required inspection or authority access.
13.5 Where a registered certifier is required for the Works, the Customer is free to select the registered certifier in accordance with applicable NSW law. XCEED SERVICES PTY LTD will not require the Customer to appoint a particular certifier and will provide any prescribed certifier information required before entering into the relevant contract.
14.1 Nothing in the Agreement excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, including rights under the ACL and statutory warranties under the Home Building Act 1989 (NSW) where applicable.
14.2 Without limiting statutory rights, applicable residential building work carries the statutory warranties imposed by section 18B of the Home Building Act 1989 (NSW), including warranties concerning due care and skill, compliance with law, suitability of materials and fitness for purpose where applicable.
14.3 The Contractor may also provide an express workmanship warranty stated in the quotation. Any express warranty is additional to, and does not replace, statutory rights.
14.4 The Customer should notify the Contractor in writing as soon as reasonably practicable after becoming aware of a suspected defect or non-compliance, and preferably within 7 days, so the Contractor has a prompt opportunity to inspect, mitigate loss and, where appropriate, rectify the issue. Where section 18BA of the Home Building Act 1989 (NSW) applies, the Customer must make reasonable efforts to ensure written notice of an apparent breach of a statutory warranty is given to the Contractor within 6 months after the breach becomes apparent. The 7-day period is an administrative notification period only and does not extinguish or reduce any statutory right, warranty or remedy that cannot lawfully be excluded.
14.5 A warranty does not ordinarily cover fair wear and tear, misuse, unauthorised alteration, failure of unrelated Existing Components, damage caused by third parties, abnormal water pressure or supply conditions, external events, or customer-supplied products, except to the extent the Contractor is legally responsible.
14.6 Manufacturer Warranties: Where equipment or products supplied by the Contractor carry a manufacturer’s warranty, that warranty is provided by the manufacturer subject to its applicable terms. The Contractor will provide reasonable assistance with a legitimate manufacturer warranty claim where appropriate. Manufacturer warranty obligations are separate from the Contractor’s own obligations and do not limit any rights the Customer has against the Contractor under applicable law.
14.7 Subsequent Work or Interference: The Contractor is not responsible for damage, failure or altered performance caused by subsequent work, adjustment, dismantling, modification or interference by the Customer or another contractor after completion of the Works, except to the extent the Contractor remains legally responsible for the original Works.
14.8 External System Conditions: The Contractor is not responsible for future failure caused solely by conditions outside the Works, including excessive or fluctuating water pressure, contaminated water supply, utility supply conditions, preexisting pipe deterioration or other system conditions not caused by the Contractor, except to the extent the Contractor knew or reasonably ought to have identified and addressed the condition as part of the agreed Works.
14.9 Inspection and Rectification Opportunity: Before engaging another contractor to rectify an alleged defect for which the Customer seeks reimbursement from XCEED SERVICES PTY LTD, the Customer should, where reasonably practicable, give XCEED SERVICES PTY LTD reasonable written notice and a reasonable opportunity to inspect and, where appropriate, rectify the alleged defect. This does not apply where urgent action is reasonably necessary to prevent injury, significant property damage or interruption of an essential service, and does not limit any non-excludable statutory right.
14.10 Mitigation and Further Damage: After becoming aware of a suspected leak, defect or other condition that may cause further property damage, the Customer should take reasonable steps to minimise further loss where safe to do so, including isolating the relevant water or gas supply where appropriate and contacting XCEED SERVICES PTY LTD promptly. Nothing in this clause requires the Customer to take unsafe action or limits any non-excludable statutory right.
15.1 The Contractor’s liability is not limited or excluded where the law prohibits limitation or exclusion.
15.2 To the extent permitted by law, the Contractor is not liable for indirect or consequential loss that was not reasonably foreseeable as a result of the Contractor’s breach.
15.3 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, wilful misconduct, or breach of a non-excludable statutory guarantee or warranty.
15.4 Any limitation in the Agreement is to be read down to the minimum extent necessary to make it lawful and enforceable.
16.1 Where Home Building Compensation cover is required by NSW law, the Contractor will obtain the required cover and provide evidence of cover before commencing work or taking payment where the law requires this.
16.2 Residential building work over $20,000 must use a contract that contains the additional information required by the Home Building Act 1989 (NSW), including the prescribed owner checklist, applicable statutory warranty and insurance information, a compliant progress payment schedule and cooling-off provisions.
16.3 If the accepted scope reaches or exceeds a statutory threshold due to a variation, the parties will complete any additional documentation required by law before the affected work proceeds.
17.1 Where section 7BA of the Home Building Act 1989 (NSW) applies, the Customer has the statutory cooling-off rights provided by that section and the applicable contract documentation.
17.2 Nothing in these Terms limits or replaces those rights. Any request to waive, shorten or terminate a cooling-off period must comply with the statutory requirements.
18.1 The Contractor may suspend work on reasonable written notice where the Customer fails to make a payment properly due, denies required access, requires unsafe or unlawful work, or materially breaches the Agreement, provided any statutory notice requirements are observed.
18.2 Either party may terminate for a material breach that is not remedied within a reasonable period after written notice, subject to any statutory rights or procedures.
18.3 On lawful termination, the Customer must pay amounts properly due for work performed and materials supplied up to termination, less any amount the Customer is lawfully entitled to withhold or recover.
18.4 These rights are additional to, and do not exclude, statutory termination or cancellation rights.
19.1 A party who has a concern should first notify the other party in writing and provide reasonable details of the issue.
19.2 The parties will act reasonably and attempt to resolve the issue promptly, including by allowing a reasonable inspection or rectification opportunity where appropriate.
19.3 If the dispute is not resolved, either party may use available Building Commission NSW, NSW Fair Trading, mediation, tribunal or court processes. Nothing in this clause prevents a party seeking urgent relief or exercising a statutory right.
19.4 Any statutory warranty claim remains subject to the notification and limitation periods imposed by law. For applicable Home Building Act statutory warranty claims, clause 14.4 records the Customer’s obligation to make reasonable efforts to provide written notice within 6 months after an apparent breach becomes known. Proceedings to enforce statutory warranties are generally subject to the statutory periods applying to the relevant defect, including 6 years for a major defect and 2 years for other defects, subject to any extension or other rule provided by law.
19.5 The Contractor may maintain job notes, photographs, testing records, quotations, approvals, correspondence and other evidence relating to the Works.
20.1 Personal information is handled in accordance with the Privacy Policy issued by XCEED SERVICES PTY LTD.
20.2 The Contractor may take reasonable photographs, video, measurements and technical records before, during and after the Works for quoting, diagnosis, workmanship verification, compliance, warranty, insurance, training, dispute resolution and service-history purposes.
20.3 The Contractor will not use identifiable images of the Customer or the inside of the Customer’s home for public advertising without appropriate permission.
20.4 The Contractor may use software and artificial intelligence tools to assist with administration, diagnosis support, summarisation, quality assurance and data analysis. Human technicians remain responsible for professional plumbing decisions and the Contractor will comply with applicable privacy law.
21.1 The Customer consents to receiving quotations, contracts, invoices, notices, compliance documents and other service communications electronically at the contact details supplied.
21.2 Electronic acceptance, digital signatures and recorded approvals may be used where permitted by law.
21.3 The Customer must notify the Contractor if their contact details change.
22.1 The Contractor may engage appropriately licensed or qualified employees and subcontractors to perform parts of the Works and remains responsible for its contractual obligations.
22.2 Neither party may assign the Agreement in a way that materially prejudices the other party without the other party’s consent, except where assignment is permitted by law or occurs as part of a bona fide business restructure that does not reduce the Customer’s rights.
23.1 A notice under the Agreement must be in writing and may be delivered personally, by post, by email or through an agreed electronic service platform.
23.2 A notice is taken to be received when actually delivered or, for email, when it becomes capable of being retrieved by the recipient, subject to applicable law.
24.1 The Agreement is governed by the laws of New South Wales for Works performed in New South Wales.
24.2 If a provision is invalid or unenforceable, it is severed or read down without affecting the remainder of the Agreement.
24.3 A failure to enforce a right immediately is not a waiver of that right.
24.4 These Terms may be updated for future contracts. The version forming part of a Customer’s Agreement is the version provided or incorporated when that Agreement is entered into.
24.5 Survival: Any provision which by its nature is intended to operate after completion, termination or expiry of the Agreement continues to operate, including provisions concerning payment, ownership of materials, warranties, liability, privacy, records, dispute resolution and accrued rights.
25.1 Promotional offers apply only where expressly stated in the quotation, booking confirmation, advertisement or offer accepted by the Customer. Statutory rights are not affected.
25.2 PRICE BEAT GUARANTEE: Where expressly offered, Xceed will beat by 5% a genuine, current written quotation from a properly licensed plumbing contractor for materially equivalent scope, specifications, product quality, warranties, timing and conditions. The competing quotation must be supplied before the relevant Works commence. Xceed may reasonably decline the comparison where the quotation cannot be verified, has expired, is conditional, does not include materially equivalent work, or is otherwise not a like-for-like comparison.
25.3 SAME DAY SERVICE OR IT’S FREE: This offer applies only where it is expressly stated to apply to the Customer’s booking or quotation. For an eligible service request received between 7:00 AM and 12:00 PM (Sydney time) on Monday to Friday, excluding NSW public holidays and the period from 23 December to 14 January inclusive, Xceed guarantees to commence the agreed eligible Works on the same calendar day. The guarantee is subject to reasonable site access, site safety, technician availability, availability of required parts or materials, and events outside
Xceed’s reasonable control. If Xceed fails to commence the eligible Works on that day solely because of a delay within Xceed’s control, the labour/service component expressly covered by the promotion will be provided free of charge. Any call-out or attendance fee expressly excluded from the promotion, materials, parts, equipment hire, authority charges and third-party charges remain payable. This offer guarantees commencement, not completion, unless the written offer expressly states otherwise.
25.4 ON-TIME GUARANTEE: This offer applies only where expressly offered for the Customer’s initial scheduled appointment during ordinary business hours, Monday to Friday from 7:00 AM to 3:30 PM. If the assigned technician arrives after the confirmed appointment time solely because of a delay within Xceed’s control, the Customer will receive a credit of $1 for each full minute late, up to a maximum credit of $100. The credit applies to the initial call-out only and cannot be combined with another promotion unless expressly stated. The guarantee does not apply to delays caused by emergency dispatch priorities, unsafe travel conditions, road closures, customer-requested changes, incorrect or
incomplete access information, earlier jobs requiring unforeseen urgent safety work, or other events outside Xceed’s reasonable control.
25.5 $0 CALL-OUT FEE: Where expressly offered, the normal call-out or attendance fee is waived when the Customer receives a price for eligible work, accepts that price, and the approved paid plumbing or drainage work is carried out. If the Customer declines the supplied price or elects not to proceed with the recommended eligible work, the standard call-out or assessment fee disclosed for the booking is payable. Unless otherwise expressly stated, this offer applies during ordinary business hours, Monday to Friday from 7:00 AM to 3:30 PM, and does not apply to emergency afterhours attendance. The offer cannot be combined with another promotion, discount or special offer unless expressly stated.
25.6 BLOCKED DRAINS & FREE OFFER: Blocked drain services are carried out primarily to restore flow to the affected drainage system. Unless additional repair work is expressly included in the accepted quotation, clearing or unblocking a drain does not constitute repair, renewal or rectification of damaged, defective, deteriorated, displaced, collapsed, cracked or root-affected pipework. Drain-clearing services do not guarantee removal of all tree roots, scale, grease, foreign material or other obstructions, and restoration of flow does not mean that the drain or pipework is permanently repaired. Where CCTV inspection or other investigation identifies defective drainage pipework, any excavation, replacement, pipe relining or other permanent rectification is separate work and requires Customer approval before proceeding. Any advertised free call-out, jet blasting, CCTV camera inspection or other complimentary blockeddrain service applies only in accordance with the specific written promotion for the job and, unless expressly stated otherwise, only where the Customer approves and completes qualifying paid plumbing or drainage work. If qualifying paid work does not proceed, the applicable standard call-out, diagnostic, drain-clearing, jet blasting, CCTV inspection or other service fee may be payable as disclosed in the quotation or booking. Complimentary services are not available for inspection-only, diagnostic-only or unblock-only attendances unless the applicable written promotion expressly states otherwise. Statutory consumer rights are not affected.
25.7 GENERAL PROMOTIONAL CONDITIONS: Promotional offers cannot be combined unless expressly stated. Eligibility is determined objectively by the written conditions of the applicable offer. Xceed may amend or withdraw a promotion for future bookings, but will honour a promotion already accepted by an eligible Customer in accordance with its stated terms. Promotional credits and free-service entitlements do not limit any statutory right or remedy that cannot lawfully be excluded.
