The following terms and conditions and the schedule overleaf, constitute a binding contract governed by the laws of South Australia between the Customer and the Contractor. Where there is more than one Customer, the following provisions will bind them jointly and each of them severally.
1.1 Who We Are: Contractor, we, us, or our refers to Roof & Render SA Pty Ltd (ACN 600 053 558), including our successors, assigns, and authorized representatives.
1.2 Who You Are: Client, you, or your refers to the person or people named in our Proposal purchasing our services.
1.3 Services: All roof replacement goods, services, materials, and works supplied by the Contractor to the Client as stated in the Proposal.
1.4 Price: The price stated in the Proposal.
1.5 Proposal: The document outlining the Services.
2.1 When These Terms Apply: By placing an order, you accept these terms in full. If there is more than one client, each is responsible for fulfilling all obligations.
2.2 Changes to Agreement:
• Any changes must be agreed upon in writing.
• If terms differ from other documents, these terms prevail.
2.3 Variations:
• If variations are requested or required due to unforeseen issues, we will provide a written variation document detailing the service, price, estimated time, and any delays, requiring your written acceptance before proceeding.
2.4 Client’s Supply Obligations: You must provide access to mains power and water and ensure clear access around the building and driveway for vehicles, equipment, and materials.
2.4.1 Ancillary Services: Most roof replacements require removal of solar panels, air conditioners, etc. We typically introduce clients to suitable contractors for these tasks. If clients request us to arrange these, it will be listed separately in the quote. We are not liable for issues arising from third-party contractors.
3.1 Notice of Change: If you are a business or company, provide at least seven days’ notice of any change in ownership or client details.
3.2 Liability for Loss: You are liable for any loss we incur due to failure to comply with this clause.
4.1 Price Determination: At our discretion, the price will be as indicated by the quote, valid for 30 days, or as invoiced.
4.2 Price Changes: We reserve the right to change the price if a variation to the quote is requested.
4.3 Non-Returnable Goods: If goods cannot be returned, we may claim the full costs from you.
4.4 Payment Timing: Full payment is due upon completion or delivery. Alternatively, payment terms may be agreed upon in writing.
4.5 Payment Methods: Payment can be made by cash, cheque, online banking, credit card (with a 3% surcharge), or other agreed methods.
4.5.1 Flexible Payment Arrangements: In cases where clients experience financial difficulty, we may accept alternative payment arrangements, such as smaller scheduled payments.
4.6 GST and Taxes: Prices exclude GST unless stated; you must pay GST and other applicable taxes at the same time as payment.
4.7 Terms Finalization: The terms of this agreement are finalized once you have paid all amounts owed and met all obligations.
4.8 Deposit Refund Guarantee: If you cancel before materials specific to your project are ordered, your deposit will be refunded in full. Once materials are ordered or allocated, the deposit is non-refundable. Refunds will be processed within five (5) business days of written cancellation.
5.1 Approved Finance Provider: Finance is provided to approved applicants by Handypay, offered by OurMoneyMarket Lending Pty Ltd under its standard lending terms.
5.2 Application Requirements: Subject to credit assessment, eligibility criteria, and responsible lending requirements.
5.3 Fees and Interest Rates: Establishment fees and interest rates vary based on credit assessment.
5.4 Payment Direction: For finance arrangements, funds must be paid directly to Roof & Render SA. The Client is responsible for ensuring payment is released to us as scheduled.
6.1 Service Occurrence: Service is considered provided when:
• Goods are delivered to your address.
• Services are undertaken at your address.
• Any other method agreed in writing.
6.1.1 Subcontractors: While we primarily use our own staff, we may engage subcontractors as needed. This is communicated clearly during our sales pitch as a point of difference.
6.2 Inclusion of Service Costs: At our discretion, service costs may be included in the price.
6.3 Service Arrangements: Time, date, and location for service are to be agreed upon. If you cannot receive services as arranged, we may charge a reasonable fee.
6.4 Service Instalments: We may undertake service in separate instalments, each invoiced and paid per these terms.
6.5 Service Timeliness: Dates given are subject to change; we are not liable for losses due to delays.
6.5.1 Final Inspections: We perform final inspections to ensure work quality. No other trades should access the roof until our work is signed off.
7.1 Risk Transfer: Risk of damage or loss passes to you upon service completion.
7.2 Insurance Proceeds: If goods are damaged after service but before ownership transfer, we are entitled to insurance proceeds.
7.3 Goods Left at Risk: Goods left outside your premises are at your risk.
7.4 Toxic Substances: If toxic substances are discovered, you are responsible for their safe removal. We will provide a variation for asbestos removal if needed.
7.5 Access to Worksite: Ensure we have clear access to the worksite; we are not liable for damage unless due to negligence.
7.6 Installation Warranty: You warrant the structure where goods are installed is sound; we are not liable for structural inadequacies.
7.6.1 Unseen Structural Issues: While we inspect for structural issues when quoting, not all components can be visually inspected. We are covered for any variations not visible during initial inspection that are later discussed with the client.
7.6.2 Roof-to-Wall Junctions: No allowance is made for bird board or similar closures. We are not responsible for any work or damage at the wall-to-roof junction, including render or finishes affected when the roof is removed.
7.7 Goods Variability: Goods may change over time due to weather and age; we are not liable for such variations.
7.7.1 Pre-existing Conditions: We are not liable for damage to driveways caused by our heavy trucks. Pre-existing conditions, such as thin concrete or other building issues, are not our responsibility.
7.8 Client-Supplied Goods: You accept liability for goods you supply for service completion.
7.9 Advice and Recommendations: Our advice is given in good faith; you are responsible for verifying its accuracy.
8.1 Regulatory Compliance: Both parties must comply with all applicable laws, including WHS regulations.
8.2 Licences and Approvals: You must obtain all necessary licenses and approvals for the service.
8.3 Approvals and Responsibilities: We do not handle council approvals, engineering, or tie-downs. It is the client’s responsibility to manage these. Although most roof replacements do not undergo engineering or council approval, they technically should. We install roofs per manufacturer and building specifications but are not responsible for obtaining necessary approvals.
9.1 Inspection of Goods: You must inspect goods/services upon delivery/completion and notify us of defects within seven days.
9.2 Non-Excluded Guarantees: Certain statutory guarantees and warranties apply per the CCA and ACL.
9.3 Contractor’s Warranty: We warrant workmanship for roof restoration and water tightness for specified periods subject to terms.
9.3.1 Leak-Proof Warranty: We provide a 20-year leak-proof warranty. We will fix any seal splits free of charge but are not liable for damage caused by leaks due to factors like house movement.
9.4 Exclusions: Warranty does not apply if a third party performs installation.
9.5 Returns and Refunds: Accepted if defects are acknowledged and goods are returned in reasonable condition.
9.6 Client Responsibilities: You must properly maintain serviced areas and follow our guidelines to keep warranties valid.
10.1 Contractor’s Rights: Copyright in designs and plans remains with us; you may use them at our discretion.
10.2 Client Indemnity: You warrant that your designs do not infringe on third-party rights and indemnify us against related claims.
10.3 Marketing Use: You agree that we may use any created documents or designs for marketing purposes.
11.1 Payment Reminders and Fees: Unpaid invoices after seven days incur a reminder and a $250 administration fee.
11.2 Collection Costs: You indemnify us for costs incurred in recovering debts.
11.3 Interest on Overdue Invoices: Interest accrues daily on overdue invoices as per the Civil Liability Act 1936 (SA).
11.4 Suspension or Termination: We may suspend or terminate services if you breach obligations.
11.5 Immediate Payment: All amounts become payable if you are unable to pay or become insolvent.