Terms and Conditions – ABN 54 665 634 551 

These are the Contractor’s (“we” or “our”) standard Terms and Conditions which will apply to every contract when you, as the Customer, engage the Contractor to perform its services. When providing our services, we may also need to supply products. The Contractor reserves the right to amend these Terms and Conditions from time to time at their discretion. Any changes made in such a revision take immediate effect once the Customer is notified of such a change.

ENGAGEMENT 

• The Contractor represents and warrants that it has all the necessary skills, knowledge, experience, and expertise to perform the services and will perform the service in a proper and competent manner, adhering to relevant laws and standards. 
• The Contractor holds all necessary licenses and permits required to perform the services. Where applicable industry standards and codes exist, they will be complied with by the Contractor. 
• The Contractor will provide any manuals or documentation necessary for the Customer to enjoy or use the services without additional fees. 
• If an event beyond the reasonable control of the Contractor prevents timely performance of the services, the Contractor will notify the Customer and provide an estimated completion time. 
• The Contractor will supply all necessary equipment and materials to properly perform the services. Unless otherwise agreed in writing, all materials supplied will be new and of high quality, fit for their purpose. 
• If the Customer requests a variation in the service, the Contractor will provide a quotation for the additional work. If the quotation is accepted, the additional cost will be added to the final price. 
• The Contractor may engage sub-contractors to provide the service. In such cases, the Contractor will ensure:
  • Sub-contractors are suitably qualified, licensed, and insured.
  • Sub-contractors comply with these Terms and Conditions.
  • The Contractor is solely responsible for all fees payable to sub-contractors. 

ACCEPTANCE OF THESE TERMS 

• Any act by the Customer or those legally acting on behalf of the Customer that requests the Contractor to begin performing services, deposit, or provide materials will be deemed as acceptance of these Terms and Conditions. 
• Once accepted, these Terms and Conditions are irrevocable and cannot be amended without the Contractor’s written consent. 
• In cases where more than one party is involved as the Customer, all Customers are jointly liable under these Terms and Conditions. 
• Should the Customer cancel the engagement of the Contractor after acceptance, the Customer may be liable for any costs incurred up to the point of cancellation, including material costs or a deposit paid. 

QUOTES, INVOICES, AND PAYMENT 

• Quotes provided by the Contractor remain valid for seven days. If the Customer wishes to proceed after this period, a new quote may be required. 
• The Customer will pay the Contractor’s fee upon completion of the service. The fee includes GST. 
• The Contractor will issue a tax invoice detailing the services performed, including any variations, and the final price. 
• Payment methods include credit cards (MasterCard, Visa, Amex), EFTPOS, bank transfer, or cash. 
• Where the Customer fails to pay an invoice by the due date, the Contractor will apply interest at a rate of 12% per annum compounded monthly on the total outstanding amount. 
• If the Customer defaults on payment, they will indemnify the Contractor for any costs incurred in recovering the outstanding amount, including legal fees or debt recovery costs. 
• The Customer is not entitled to deduct any amounts from the invoiced total.
  • Suspension of Services: If payment is not made within 7 days of the due date, the Contractor reserves the right to suspend further services until full payment is received, without penalty to the Contractor.
  • Nullification of Quote Due to Changes in Work Conditions: In the event that there is any alteration in the scope or conditions of the work subsequent to the issuance of a quote, the Contractor reserves the right to declare the quote null and void. A new quote will be provided to reflect the revised scope and conditions of the work. 

• Emergency Work: In cases of emergency, where urgent work is required and immediate commencement is necessary, the Contractor may provide a verbal quotation to the Customer. The Customer agrees that such verbal quotations are binding and will be invoiced accordingly. 

• Under the Home Building Act 1989 (NSW), the Contractor is not required to issue a written contract for urgent or unforeseen work where immediate repairs are necessary. This exemption applies specifically to emergency work where it may not be practical to provide a formal written contract before commencement. However, upon completion, the Customer will receive a detailed invoice outlining the work performed, and the total cost of the service 
• The Customer acknowledges that by accepting the emergency service verbally, they agree to these Terms and Conditions and the quoted price. Any disputes regarding the verbal quotation must be raised prior to the work being completed. 

• Cooling-Off Period: Pursuant to the Home Building Act 1989, the Customer is afforded a statutory five-day cooling-off period for contracts exceeding $20,000. Notwithstanding this provision, the cooling-off period shall be deemed inapplicable in circumstances where the work is of an emergency nature or where the Customer expressly authorises the commencement of work prior to the expiration of the cooling-off period. In such instances, the Customer expressly waives their right to the cooling-off period 
• Insurance: The work will be covered under any applicable home warranty insurance, if required by law, and the Contractor’s public liability insurance. The Contractor will provide details of the insurance policy upon request. 

PROGRESS PAYMENTS AND FINAL PAYMENT 

• The Contractor will structure payments as follows:
  • 10% Initial Deposit: Payable upon acceptance of the quotation. 
  • 40% Material Order Progress Payment: Due when irrevocable orders are placed on suppliers. o40% Material Delivery Progress Payment: Due when materials are delivered to the site. 
  • 10% Final Payment: Due upon completion of the installation. 

• Stipulation on Final Payment: Notwithstanding the above payment schedule, the Customer agrees that full payment will be made upon completion of the work, and this will be considered a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW). Any outstanding balance not claimed earlier will be payable upon completion, regardless of whether interim progress payments were issued. 

DISPUTE RESOLUTION 

• Basic Dispute Resolution Process: In the event of a dispute, both parties agree to attempt to resolve the matter through negotiation in good faith. If a resolution cannot be reached, the parties agree to submit the matter to mediation under NSW Fair Trading or an independent mediator. Legal proceedings will only be commenced if mediation does not resolve the dispute. 

WARRANTY AND LIMITATION OF LIABILITY 

• The Contractor warrants that all services and materials supplied will be fit for their intended purpose and will perform in accordance with any applicable specifications. 
• Products supplied by the Contractor are covered under a manufacturer’s warranty for 12 months, plus an additional 90 days warranty from the Contractor. 
• To the extent permitted by law, the Contractor excludes all statutory warranties, and liability for negligence or any consequential loss is limited. In the case of non-domestic services, the Contractor’s liability is limited under s.64A of the Competition and Consumer Act 2010 (Cth) to:
  • Supplying the services again; or
  • Paying the cost of having the services supplied again. 

• Cap on Liability: The Contractor’s total liability to the Customer for any claims arising under or related to this contract, whether in contract, tort, or otherwise, shall not exceed the total amount paid to the Contractor by the Customer for the services rendered under this contract. 

PRICING UNDER AUSTRALIAN CONSUMER LAW 

• The Contractor reserves the right to determine and set its prices at its sole discretion. The Customer expressly acknowledges and agrees that acceptance of the Contractor’s quotation constitutes an agreement to the pricing as specified. The existence of lower pricing from alternative contractors or suppliers shall not entitle the Customer to any claim for compensation, refund, or any other remedy against the Contractor. Any disputes arising solely from price comparisons with other providers shall not constitute a valid basis for a claim under Australian Consumer Law or any other applicable legislation. 

PAYMENT CLAIMS UNDER THE SECURITY OF PAYMENT ACT

• This payment claim is made under the Building and Construction Industry Security of Payment Act 1999 (NSW) as amended. 
• Payment is due within the timeframes specified under the Act. Interest at 12% per annum compounded monthly will apply to any overdue payments. 
• Failure to make payment may result in the Contractor suspending work as permissible under the Act. 

FORCE MAJEURE

• The Contractor shall not be liable for any failure to perform, or any delays in performing, any of its obligations under this agreement if such failure or delay is caused by circumstances beyond the reasonable control of the Contractor, including but not limited to acts of God, natural disasters, wars, terrorism, strikes, government-imposed lockdowns or restrictions, pandemics, or other events outside the Contractor’s control. 
• In the event of such an occurrence, the Contractor will promptly notify the Customer and use reasonable efforts to mitigate the impact of the event. The Contractor shall be entitled to a reasonable extension of time to perform its obligations under the contract or, if performance becomes impossible, to terminate the agreement without liability.