Terms & Conditions of Engagement
1.1 These Terms and Conditions (Terms) are between Shane Lee Waters trading as Superior Deck Restorations (ABN: 52 402 962 557), its successors and assignees (referred to as “we”, “us” or “our”) and the Client described in the Quote (referred to as “customer” “you” or “your”), and collectively the Parties.
1.2 You have requested the Services and Goods set out in your Quote (Services). You accept the Quote and these Terms by:
a) confirming by email that you accept the Quote;
b) instructing us to proceed with the Services; or
c) paying the deposit as set out in the
1.3 Our agreement with the Customer is comprised by the following documents which contain the entire understanding between the parties:
a) These Terms & Conditions
c) Plans and Specifications
1.4 You agree that these Terms form the agreement under which we will supply Services and Goods to you. Please read these Terms carefully. Please contact us if you have any questions. Purchasing Services and Products from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not purchase from us.
2. SERVICES & SUPPLY OF GOODS
2.1 We agree to perform the services with due care and skill and supply the goods to the customer at the time as detailed in your Quote.
2.2 All Goods are subject to availability, and we reserve the right to substitute products provided that the quality is equal to or better than the one specified.
2.3 The client acknowledges that Goods supplied may exhibit variations in shade, colour, texture, surface and finish.
2.4 We may provide the Services or installation of Goods to you using our employees and/or contractors, and they are included in these Terms.
2.5 Third parties who are not our employees or our direct contractors (Third Parties) will be your responsibility. We are not responsible for the services provided by Third Parties.
2.6 If you request amended, varied or additional services, including but not limited to changes in services or goods (Additional Services), we have discretion as to whether we perform this work and whether an adjustment to the Fee may be required in respect of the same. If we are unable to accommodate theAdditional Services or Goods, we may request that we be paid for Services performed or Goods supplied to date and terminate these Terms.
3. PRICE, INVOICING AND PAYMENT
3.1 The total amount payable and method of payment by you to us is detailed in your Confirmation.
3.2 You agree to pay us a deposit as reflected in your quote. The deposit is due upon your acceptance of the Quote and within 3 days.
3.3 A maximum of 10% deposit will be applicable for work greater than $20,000.00 AUD as required by law.
3.4 The business may submit a payment claim or progress payments at intervals not less than one (1) month for work performed up to the end of each month.
3.5 The final amount payable must be finalised no later than 5 days following the completion of the work. All amounts payable and due are accepted by direct deposit and will be accepted when we receive an emailed remittance or at the point in time when funds have cleared.
3.6 We reserve the right to charge late fees and interest on any overdue payment. Interest shall accrue daily from the date when payment becomes due, until the date of payment at a rate of 2.5% per month and at the business discretion such interest shall compound monthly at such a rate.
3.7 Should we engage debt recovery/collectors you will be liable for any and all costs associated including legal fees.
3.8 Payment claims will be made pursuant to the Building and Construction Industry Security of Payment Act 2002. At the business sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provision of the Act may apply.
3.9 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction industry Security of Payments Act 2002 of New South Wales, except to the extent permitted by the Act where applicable.
3.10 You acknowledge and agree that you have received, reviewed and answered yes to all items in the NSW Contract Checklist if your quote provided is for work more than $20,000.00 AUD.
4. DELIVERY AND INSTALLATION
4.1 We may conduct a site inspection of the Premises on or before the day work is to be completed to confirm site access, OHS standards, electricity connection and for any other reason necessary to perform the work.
4.2 By accepting the Quote and these Terms, you grant permission for us to enter the Premises at any reasonable time as pre-arranged for the Goods to be installed and services to be completed.
4.3 You authorise us (including our contractors) to deliver and install any Goods as purchased in your Quote.
4.4 You warrant that you are the Owner or have appropriate authorised consent from the Owner of the Property Address as listed in your Quote.
4.5 Any presence or concern of asbestos will constitute cancelation and rescheduled when it is safe to return and carry out the services or installation.
4.6 The client acknowledges and accepts your date of commencement of work day be subject to change and work may be delayed for reasons of inclement weather or conditions, lack of manpower availability, any order of a court or tribunal that the work be suspended, any industrial dispute, a variation to the work, any unavailability of materials, any other matter beyond the businesses control. The client will be notified in writing of any delays.
5. PERMITS AND INSPECTIONS
5.1 You agree to complete and execute any documents, contracts, or papers necessary to complete the work required or for any other reason reasonably required.
5.2 Council Applications or Certification Fees are not included in the Quote.
5.3 You may lodge an application for a building permit. You will be obligated and responsible to pay the required fee(s) and any additional levy’s associated.
5.4 You must ensure that, prior to commencement of any on-site building work to which the services relate, a building permit in relation to the Works has been issued & is in force under the applicable laws and Building Act if required.
5.5 In appointing a Building Surveyor for the project/work, you will be responsible for all relevant fees and costs due.
5.6 Inspections and other related issues concerning the Local Council or Building Surveyor, or any Building Authority can be managed by Superior Deck Restorations if requested by the client in advance and details of these arrangements are confirmed in writing by both parties.
6. WARRANTIES AND WORKMANSHIP
6.1 All work will comply with the Building Code of Australia, to the extent required under the Environmental Planning and Assessment Act 1979 and all other relevant codes, standards and specifications required under any law.
6.2 Superior Deck Restorations holds the required Home Warranty Insurance and will provide the Client with an insurance Certificate under the Home Building Compensation (HBC) Scheme if the work is valued over $20,000AUD as per your quote.
6.3 All work will be carried out in a proper and workmanlike manner and performed with due care and skill.
6.4 All materials will be new, unless otherwise specified.
6.5 The work will be in accordance with any plans and specifications included in your quote.
6.6 All work will be free from defects and if defects are found, you are to notify us in writing within 7 days from the date of installation or completion.
6.7 We will endeavour to complete the work in the timeframe stipulated where possible. No responsibility or liability will be accepted by us for delays out of our control as highlighted in 4.8.
6.8 All warranties are valid for 6 years from the date of completion or installation for major defects and 2 years for all other defects.
7.1 Once the Quote has been accepted, you acknowledge you are unable to cancel, terminate or revoke the services as agreed to in your quote, unless mutually agreed by both parties in writing.
7.2 The company may terminate this relationship immediately, at our sole discretion.
7.3 Where the Client’s quote is of equal to or greater value of $20,000.00 AUD, a cooling-off period of five clear business days will apply as required by law.
8.1 You are liable for and agree to indemnify us and any of our related parties, agents, employees and subcontractors for and against any damages, and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
a) any damages or breakages
b) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
c) any breach of these Terms; and
d) any negligence or wilful misconduct
8.2 The obligations under this clause will survive termination of these Terms.
9.1 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
9.2 Publicity: The client acknowledges and consents to the business taking photographs and/or videos for advertising, promotional or social media purposes, before, during and after completion of works. No confidential information including names, address details or any other information will be disclosed. The client agrees to make no demand or claim and will seek no compensation from the business for the taking and use of photo’s and/or videos.
9.3 Site Signage: You authorise us to erect temporary site signage that identifies the project as being designed or documented by us. The positioning of the signage shall be determined by us and will remain for the duration of the project or works.
9.4 Site Clean Up: Included in your quote is our guarantee to complete a full and thorough clean of the site upon completion of the installation. Where possible, all off-cuts, packaging, debris will be removed.
9.5 On Site: parking, as well as electricity and water is to be provided by you.
9.6 Quote Adjustment: We reserve the right to alter the quote under the circumstances where the full quote has not been accepted, or amendments are requested to the services or for any other reason considered to be reasonable. The customer is liable for any additional charges incurred if the information supplied is not complete and correct.
9.7 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
9.8 Waiver: If we fail to exercise a power, right or remedy under this Agreement, it does not operate as a waiver of that power, right or remedy. No waiver is effective unless it is in writing.
9.9 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior quote, understanding or arrangement between you and us, whether oral or in writing.