Terms and Conditions
- Definitions and Interpretation
In these Terms and Conditions:
ACL means Australian Consumer Law.
Customer means the person identified on the Quote as the customer and includes the Customer’s agents and permitted assigns.
Order means acceptance by a Customer of a Quote and as varied in writing from time to time by the parties.
Quote means a written description of the Services to be provided and the Supplier’s charges for the performance of the required work.
Services means the services of ceiling resurfacing and painting or related services to be provided by the Supplier to the Customer in accordance with a Quote and these Terms and Conditions.
Supplier means Ceiling Resurfacing Australia Pty Ltd ACN 621 289 263, ABN 35 255 146 300.
2.1 The Supplier may provide the Customer with a Quote. Any Quote issued by the Supplier is valid for 30 days from the date of issue.
2.2 Payment of a deposit constitutes placement of an Order by a Customer and will be construed as acceptance of the Supplier’s offer made by the Quote and these Terms and Conditions.
- Orders and Deposits
3.1 If the Customer terminates the contract with the Supplier after placing an Order, where the Supplier is not at fault then the Customer is entitled to return of any deposit paid less either:
- 10% of the price on the Quote; or
- the reasonable costs incurred by the Supplier and “thrown away” as a result of the Customer’s termination
whichever is greater.
- Where painting/ceiling resurfacing services are provided, the following terms and conditions apply:
- the Supplier is to carry out the Services at the address nominated by the Customer in the Quote;
- the Customer must give clear and clean access to the Supplier and/or the Supplier’s workers;
- the Supplier will be entitled to subcontract the whole or any part of the Services;
- on becoming aware of the existence of a latent condition, the Supplier will give the Customer notice of that latent condition and the Customer must, within 7 days receipt of that notice or as soon as is practicable, overcome the latent condition at the Customer’s sole expense.
- Quality of Construction
All work done under this contract will comply with:
- (a) the Building Code of Australia to the extent required under the Environmental Planning and Assessment Act 1979 (including any instrument made under that Act).
(b) all other relevant codes, standards and specifications that the work is required to comply with under any law.
(c) the conditions of any relevant development consent or complying development certificate and any construction certificate.
- This contract may limit the liability of the Supplier for a failure to comply with clause 4.1 if the failure relates solely to:
- a design or specification prepared by or on behalf of the Customer (but not by or on behalf of the Supplier), or
- a design or specification required by the Customer, if the Supplier has advised the Customer in writing that the design or specification contravenes 4.1.
- The Customer may request that its Order be varied by providing a request in writing to the Supplier. A request for a variation must be agreed to in writing by the Supplier in order to have effect.
- In the event that the Customer has a complaint about the Services provided by the Supplier, the Customer must allow the Supplier access to inspect at a time convenient to the Supplier and the Customer;
- No claim levied against the Supplier in relation to loss or damage of goods or defective workmanship will be considered unless all amounts owing by the Customer to the Supplier have been paid in full.
- The terms of payment are payment of the balance after deposit strictly 7 days from the date of invoice by the Supplier, and payment is due and payable on that date.
- The Supplier may, in its complete discretion, apply any payment received from the Customer to any amount owing by the Customer to the Supplier.
- All payments required to be made by the Customer under this agreement will be made free of any set-off, or counterclaim and without deduction or withholding. The Supplier may, at any time, set-off amounts owed by the Supplier to the Customer from the amounts owed by the Customer to the Supplier.
- The Customer is not entitled to retain any money owing to the Supplier notwithstanding any default or alleged default by the Supplier of these Terms and Conditions, including (but not limited to) the provision of Services to an inadequate standard or a delay in the provision Services. Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the ACL.
- Costs and Interest
- The Customer is to pay the Supplier on demand interest at the rate applicable to judgement debts in civil courts in the state in which the Services were or are to be provided on all overdue amounts owed by the Customer to the Supplier, calculated daily.
- All reasonable costs and expenses incurred in collecting overdue amounts, including (but not limited to) legal fees and collection costs are to be paid by the Customer as a debt due and payable under these terms and conditions.
- The Customer acknowledges and agrees that payments by the Customer will be applied by the Supplier as follows:
- First, in payment of any and all collection costs and legal costs in accordance with clause 7.2;
- Secondly, in payment of any interest incurred in accordance with clause 7.1;
- Finally, in payment of the outstanding invoice(s).
- In relation to the supply of Services, the Supplier’s liability is limited to:
- supplying the Services again; or
- providing for the cost of having the Services supplied again.
- The Supplier 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 Customer.
- Every exemption from liability to which the Supplier is entitled under these terms and conditions will extend to protect any subcontractor, employee or agent of the Supplier and for the benefit of such persons they shall be deemed to be parties to the contract between the Customer and the Supplier.
- For consumers, our services come with non-excludable guarantees under the ACL that they will be provided with due care and skill and be reasonably fit for their purpose. The Customer is entitled, at the Customer’s option, to a refund or the re-supply of the services for a major failure, and to compensation for any other loss.
If the Customer or Supplier considers a dispute has arisen in relation to any matter covered by this contract, that party must promptly give the other party written notice of the items of dispute. If the dispute cannot be resolved the Customer may notify NSW Fair Trading that a building dispute exists by either visiting www.fairtrading.nsw.gov.au or ringing 13 32 20 to seek the assistance of Fair Trading in resolving the dispute.
- Terminating contract
If the Supplier becomes bankrupt or goes into liquidation, administration or is otherwise without full capacity; fails to complete the work within the completion period, or if no completion period is agreed, within a reasonable time; fails to remedy defective work or replace faulty or unsuitable materials then the Customer may, where such default can be remedied, issue a written notice requiring the Supplier to remedy the default within 10 business days of receipt of the notice by the Supplier or within such other reasonable period as may be agreed. If the default is not remedied within the 10 business days or other reasonable period as agreed, or is not capable of being remedied, the Customer may terminate the contract by written notice to the Supplier.
If the Customer fails to make payment due under the contract or denies access to the site to the Supplier to prevent the work from proceeding, the Supplier may issue a written notice requiring the Customer to remedy the default within 10 business days of receipt of the notice by the Customer. If the default is not remedied, the Supplier may terminate the contract by written notice to the Customer.
- If the Customer is a corporation, the Customer warrants that all of its directors have placed any order given, or that the director who makes an order has authority to do so on behalf of the Customer.
- If the Customer is the trustee of a trust (whether disclosed to the Supplier or not), the Customer warrants to the Supplier that:
- The Customer enters into this agreement in both its capacity as trustee and in its personal capacity;
- The Customer has the right to be indemnified out of the trust assets;
- The Customer has the power under the trust deed to place any order given; and
- The Customer will not retire as trustee of the trust or appoint any new or additional trustee without advising the Supplier.
- The Customer must give the Supplier a copy of the trust deed upon request.
- A waiver of any provision or breach of this agreement by the Supplier must be made by an authorised officer of the Supplier in writing. Any waiver that has not be made by the Supplier in writing shall not constitute a waiver of the Supplier’s rights under these terms and conditions.
- The Customer must pay GST on any taxable supply made by the Supplier to the Customer under this agreement. The payment of GST is in addition to any other consideration payable by the Customer 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 Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Customer, then the Customer must pay the Supplier these additional amounts on demand.
- The Customer acknowledges and agrees that this agreement will be governed by the laws of New South Wales, and the laws of the Commonwealth of Australia which are in force in New South Wales.
- The Customer acknowledges and agrees that any contract for the supply of Services between the Supplier and the Customer is formed at the address of the Supplier.
- The parties to this agreement submit to the non-exclusive jurisdiction of the courts of New South Wales and the relevant federal courts and courts competent to hear appeals from those courts.
- No retention is applicable to this agreement.
- 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.
- Any proposed variation to these terms and conditions by the Customer must be requested in writing. The Supplier may refuse any such request without providing reasons either orally or in writing.
- If there is more than one Customer, then the liability of each Customer under these Terms and Conditions will be joint and several.
- These terms and conditions apply to all transactions between the Customer and the Supplier relating to the provision of Services, including all quotations, contracts and variations. These terms and conditions take precedence over any Terms and Conditions contained in any document of the Customer or elsewhere.