Terms & Conditions

1. Definitions
   1. In this Contract a reference to a Clause means a Clause of this Contract unless otherwise stated.
2. Quality of construction
   1. All Work done under this Contract will comply with the building code of Australia to the extend required under the relevant state legislation
3. Plans and Work
   1. The Plan and specifications for Work to be done under this Contract, including any variations are taken to form part of this Contract
4. Plumbing and Painting
   1. The price does not include the cost of plumbing whether to drainage or otherwise and the Owner must contact a plumber for any plumbing issues that may be associated with the Work
   2. All Waterproofing Qld will not carry out any painting in relation to the Work
5. Latent Defects, Movement and Health and Safety
   1. All Waterproofing Qld shall not be liable for any damage to framework, structure or tiles, faults, defects, deterioration or wear and tear in relation to the Work that were not visible or apparent at the initial inspection on Site by All Waterproofing Qld, “latent defects” but have appeared and/or deteriorated since the date of the inspection.
6. Payment and accepting terms
1. Payment by the Owner must be paid in full to All Waterproofing Qld due completion of Work and/or as stated when accepting terms quoted. Considerably greater quotes may require Initial deposit/s paid and final deposit paid to All Waterproofing Qld as stated.
7. Time for Completion
   1. The Work and Time for completion may vary by agreement with All Waterproofing Qld and Owner within an acceptable time frame
8. Variations or/ extra Work required
1. The Works may be Varied by Owner and All Waterproofing Qld by agreement and acceptance in writing via Quote or Invoice
9. Statutory warranties
   1. All Work provided by All Waterproofing Qld complies with all statutory warranties, applicable in the state where the Work is performed.
10. Access
    1. The Owner must provide access for any All Waterproofing Qld representatives to carry out the Work as required and allowed by relevant statutory authorities.
    2. The Owner must remove all personal property likely to impede the Work at the Owners expense if required.
    3. Unless a minimum of 24hrs notice is given to All Waterproofing Qld if a representative cannot access the Site or us unable to proceed with the Work for any reason an additional call out charge will be payable by the Owner to All Waterproofing Qld.
11. Cleaning Up
    1. On Completion of the Work, All Waterproofing Qld must remove from the Site all of its tools, and equipment and dispose of all rubbish, excavated material, vegetation, demolished or dismantled structures and surplus materials relating to the Work.
12. Insurance
    1. All Waterproofing Qld maintains all compulsory insurances to cover its various liabilities prior to commencing any Work under this Contract or is given access to the Site.
13. Indemnity to Owner
    1. All Waterproofing Qld will indemnify the Owner against any loss or liability for death, personal injury or property damage arising out of the Work, except to the extent that the Owner or Employee, agent or subcontractor of the Owner contributed to the loss or liability.
14. Damage to Property
    1. The Owner must remove any furnished or personal goods from the Site to minimise the risk of damage.
    2. All Waterproofing Qld warrants that it will take all reasonable care when removing grout on floor and wall points
15. Misrepresentation
    1. If the Owner or its Employees, agents or Contractors makes any misrepresentation to All Waterproofing Qld that causes additional Work, such additional Work will be deemed variation and added to the price. All Waterproofing Qld may at its discretion, refuse to carry out such additional Work.
16. Contract and representation
    1. The entire Contract together with any documents signed, dated, and attached to it constitutes the entire Contract between All Waterproofing Qld and the Owner. It supersedes all previous understandings, agreements or representations between All Waterproofing Qld and the Owner whether in writing or otherwise.
    2. All Waterproofing Qld and the Owner acknowledge that no other statements, representations, inducements, promises, or agreements made orally or otherwise by either of them is to be relied upon or binding.
17. Notice of Claim
    1. The Owner must notify All Waterproofing Qld in writing within 10 business days after becoming aware of any matter or circumstance that may give rise to a claim under this Contract and set out details of the claim. [“Notice of Claim”].
    2. If the Owner serves such a Notice All Waterproofing Qld will within 14days of receipt of the notice respond to the Owner and request a date and time to inspect the Work on Site.
18. Termination of Contract
    1. If All Waterproofing Qld;
    2. Goes into liquidation, administration or is otherwise without full capacity;
    3. Fails to complete the Work within a reasonable time;
    4. Fails to rectify defective Work or replace faulty or unusable materials or products as provided in this Contract or;
    5. Otherwise breaches a term of this contact, the Owner may, where such default can be rectified, issue a written notice requiring All Waterproofing Qld to rectify within 10 business days or within such other reasonable period as may be agreed.
    6. If the rectified is not completed within 10 business days tor such other reasonable period as may be agreed, or is not capable of being rectified, the Owner may terminate this Contract by written notice to All Waterproofing Qld
    7. If the Owner;
    8. Failed to make any payment due under this contact; or
    9. Denies access to the Site for All Waterproofing Qld to prevent the Work from proceeding; or
    10. Otherwise breaches a term of this Contract to All Waterproofing Qld may issue a written notice requiring the Owner to rectify the default within 10 business days of receipt to the notice by the Owner
    11. If the default is not rectified within 10 business days All Waterproofing Qld may terminate this Contract by written notice to the Owner.
19. Authority
    1. The Owners agent, Employee or Contractor who signs this Contract on behalf of the Owner [“Owners Signatory”] warrants that it, he, or she has authority to enter into this Contract on behalf of the Owner
20. Disputes
    1. If a party considers a dispute has arisen to any matter covered by this Contract, that party must promptly give the other party written notice of the items of dispute.
21. Tenancy
    1. All Waterproofing Qld will require the Owners agent, Employees or Contractors to issue Entry Notices to tenanted properties to advise Quotation, Site Work or upcoming maintenance at the property
    2. All Waterproofing Qld will take reasonable care when accessing tenanted properties and respect surrounding tenancies
22. Notice
    1. Any written notice required to be given by this Contract or under the cooling off provision under the relevant legislation (if applicable) may be served by;
    2. Giving it to the party in person
    3. Leaving it at the party’s address showing in this Contract; or
    4. Sending it by registered post to the party’s address shown in this Contract.
23. Severability
    1. Any condition of this Contract which is illegal, void or rendered unenforceable shall be severed from this Contract so that the legality, validity or enforceability of the remaining provisions of this Contract shall not be affected.
24. Governing law and jurisdiction
    1. This Contract is governed by the Laws of the state in which the Work is carried out by All Waterproofing Qld
    2. Each party irrevocably submits to the jurisdiction of the courts that state
25. Australian Consumer Law
    1. despite anything to the contrary in this Contract;
    2. this Contract is subject to the provisions of the Australian consumer law and the Australian consumer law prevails to the extent of any inconsistency