1.1 “SealTech Solutions” shall mean SealTech Solutions , its successors and assigns or any person acting on behalf of and with the authority of SealTech Solutions.
1.2 “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client as described on any quotation, work authorisation or any other form of documentation exchanged between the parties.
1.3 “Guarantor” means that person or persons who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by SealTech Solutions to the Client and where the context so permits shall include any supply of Services as defined in any quotations, work authorisations or any other form of documentation exchanged between the parties.
1.5 “Services” shall mean all services supplied by SealTech Solutions to the Client which includes any advice or recommendations and where the context so permits shall include any supply of Goods as defined above.
1.6 “Price” shall mean the Price payable for the Goods/ Services as agreed between SealTech Solutions and the Client in accordance with clause 6 of this contract.
1.7 “Contract” means the agreement between SealTech Solutions and the Client in respect of the Quotation and the Terms and Conditions as stated herein.
1.8 “Variations” means any agreed change or alteration to the scope of the Works or the conditions in this Contract.
1.9 “Product” means a product used by SealTech Solutions in relation to the Work
1.10 “Quotation” means the Quote that accompanies these Terms and Conditions
1.11 “Product Warranty” means any product warranty specifically provided by manufacturer as set out in these Terms and Conditions
1.12 “Site” means the location where the Work will be carried out as set out in the Quotation
1.13 “Work” means the Work to be carried out by SealTech Solutions in accordance with this Contract
2. Customer Authorisation and Acceptance
2.1 The Client acknowledges that they are duly authorised to contract SealTech Solutions to undertake the Works.
2.2 The Client accedes that no verbal communication either by SealTech Solutions or its agents, of work being completed that is not in the written quote.
2.3 Good/Services supplied by SealTech Solutions and the Clients acceptance of Goods/Services supplied by SealTech Solutions shall constitute acceptance of the terms and conditions contained herein.
2.4 SealTech Solutions reserves the right to refuse to carry out any work that is not included in the written quotation.
2.5 Where more than one Client has entered into this contract, the Clients shall be jointly and severally liable for all payments of the Contract Price.
2.6 The Clients acceptance of these Terms and Conditions will forthwith bind them both jointly and severally unless written consent is given by SealTech Solutions releasing the Client.
2.7 The Client shall give SealTech Solutions not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, contact numbers, email address, or business practice). The Client shall be liable for any loss incurred by SealTech Solutions as a result of the Client’s failure to comply with this clause.
2.8 Quotations are valid for thirty (30) days only, unless an extension has been authorised by SealTech Solutions.
3. Delivery of Goods / Services
3.1 Goods will be delivered to the Client’s address. It is the Client’s responsibility to ensure that all necessary arrangements have been made to accept delivery of said goods.
3.2 SealTech Solutions shall not be liable for any loss or damage whatsoever due to failure by SealTech Solutions to deliver the Goods (in part or at all) promptly or at all, where due to circumstances beyond the control of SealTech Solutions.
4.1 If SealTech Solutions retains ownership of the Goods however, all risk for the Goods passes to the Client on delivery.
4.2 In the event that goods are lost, damaged or destroyed after said goods have been delivered 4.2 In the event that goods are lost, damaged or destroyed after said goods have been delivered but preceding proprietorship of goods by the Client, SealTech Solutions is eligible to receive all insurance proceeds payable for the goods. The production of these Terms and Conditions by SealTech Solutions is sufficient evidence of SealTech Solution’s rights to receive the insurance proceeds.
4.3 SealTech Solutions will take all reasonable care and precautions when carrying out its works however Sealtech Solutions will not accept any responsibility for any reasonable incidental damage that occurs such as chips, scratches and nibs on existing tiles.
4.4 The Client acknowledges that with the use of certain products the appearance of some tiles may be altered, although this cannot be regarded as defect or breach in warranty under this Contract. SealTech Solutions will endeavour to advise Clients of any possible changes prior to works commencing.
4.5 SealTech Solutions will not be bound to repair any areas that are not structurally sound, afflicted by water damage or wet or dry rot unless stated on the written quotation.
4.6 SealTech Solutions shall not be held liable for any defects or damage to the premises that is caused through structural or substrate movement.
4.7 SealTech Solutions shall not be held liable for any faults or deterioration that were not visible at the initial inspection but have appeared since the quotation being completed.
5. Contract Price and Payment
5.1 At SealTech Solution’s sole discretion the Contract Price shall be either:
(a) As indicated on invoices provided by SealTech Solutions to the Client in respect of Goods or Services supplied; or
(b) Quoted Price providing that the Client has accepted the quotation within thirty (30) days.
5.2 SealTech Solutions reserves the right to adjust the price if :
(a) A variation to the works originally quoted is requested by the Client.
(b) Where additional work is required because of the discovery of certain conditions that were concealed behind structures or finishes and they did not form part of the contract price of the quotation. Sealtech Solutions shall notify the Client and obtain instructions prior to proceeding with the effected Works where costs for said works will be a variation to the Contract.
5.3 Delays caused by the Client or their agent(s) to provide access to the site or the correct information to enable SealTech Solutions to carry out the Services, then any costs incurred by SealTech Solutions will form a Variation.
5.4 Time for payment of the services will be either:
(a) On completion of the works
(b) As stated on the quotation and or invoice.
( c) For approved clients, payment will be due either seven (7) or thirty (30) days following the date of the invoice.
5.5 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card , or by direct credit, or by any other method as agreed to between the Client and SealTech Solutions.
5.6 At SealTech Solutions sole discretion a non-refundable deposit may be required.
5.7 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent such taxes are specifically included in any quotation given by SealTech Solutions.
5.8 All Work will be regarded as complete when it is finished in accordance with this Contract, free of apparent defects and all rubbish removed from the Site.
6.1 Any Variation required by either party must be made in writing to the other party (“Variation Request”). This request must include a full summary of the description of the additional or omitted works with any new price adjustments. Variation requests must be signed and dated by both parties prior to any work commencing.
7. Client’s Responsibility
7.1 Prior to the commencement of the works the Client agrees to:
(a) Remove all furniture and personal goods from the vicinity of the work site. SealTech Solutions will not be liable for any damages to said items by the Client’s non-compliance of this clause
(b) Advise SealTech Solutions of any relevant information that may affect the works, which includes but not limited to any previous repair work, reports completed by third parties or any other matters.
7.2 That SealTech Solutions is given clear and free access to the work site at all times to enable them to undertake the works.
7.3 If it is found for a site to be unsafe or hazardous SealTech Solutions or any it’s representatives reserve the right to refuse to undertake the services. The Client agrees that they are responsible for ensuring a safe site. Sealtech Solutions shall not be liable for any delays caused, loss, damages, or costs however resulting from an unsafe site.
7.4 All areas where the Work will be performed must be kept dry 24 hours prior to and 24 hours after the Work is carried out.
7.5 If the Work relates to a shower, it must not be used for 24 hours prior to commencement of the Work, unless stated otherwise on the quotation.
7.6 Treated areas are not to be cleaned with any solvents or toxic chemicals within 24 hours of completion of the works
8. SealTech Solutions Obligations & Works
8.1 The Commencement & Completions Dates are the dates agreed between Sealtech Solutions and the Client.
8.2 Sealtech Solutions will make all endeavours to complete the Work within a reasonable time. In the case of unforeseen circumstances such as inclement weather, unavailability of materials or any matter beyond the control of SealTech Solutions the Client agrees to allow SealTech Solutions a reasonable extension of time to complete the works.
8.3 On completion of the Work, Sealtech Solutions must remove from the Site all of its tools and equipment and dispose of all rubbish and surplus material relating to the Work.
8.4 Sealtech Solutions and its representatives will perform all work in a workmanlike manner.
8. 5 Sealtech Solutions and its representatives will perform all work in accordance with Occupational Health and Safety Requirements.
9.1 The warranty period will commence upon completion of the works, on the condition that all monies due and payable to Sealtech Solutions have been paid under the conditions set out in clause 5.4 and all cheques paid have been honoured on presentation.
9.2 Sealtech Solutions warrants that its Works are supplied and carried out free from defects and in a workmanlike manner. Structural works for a period of six (6) years and non- structural for a period of two (2) years save and except for the epoxy which Sealtech Solutions warrants for ten years product warranty and the Caulking/Silicone for two (2) years. Subject to all conditions Clause 9. All warranty provisions are in line with the Competition and Consumer Act 2010 or the Fair Trading Act in the state that the work is undertaken.
9.3 Subject to the conditions of warranty set out in clause 9.4. SealTech Solutions warrants that if defect on any work conducted by SealTech Solutions or it’s representatives becomes apparent and is reported to SealTech Solutions within the allocated warranty period as per Clause 9.2 being from the date of the original service (time being of the essence), then SealTech Solutions at their sole discretion will either replace or remedy the workmanship. The Client acknowledges that such rectification work will not extend any warranty period.
9.4 The conditions applicable to the warranty given by clause 9.3 are:
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) The client failing to properly maintain goods; or
(ii) The Client failing to follow any instructions or guidelines provided by SealTech Solutions or its representatives; or
(iii) the client using any of the goods otherwise than for any application specified on a quote or order form; or
(iv) the continual use of any goods after any defect becomes apparent or would have become apparent to a reasonably prudent person; or
(v) fair wear and tear, any accident or act of God.
9.5 The warranty does not apply if:
(a) Any structural or substrate movement has affected the balcony or shower in any way or caused moulded baths and showers to move away from walls.
(b) there are latent defects adjacent to the treated area at the worksite at the time of, or which become noticeable subsequent to the application of product.
(c ) any damage is caused to the area treated or surrounding area that may affect the Service either by neglectful, intentional or accidental acts
(d ) the replacement or alteration of any fixtures or fittings has been completed after the service, which in any way has adversely affected the treated area.
(e )any plumbing, works or moisture have adversely affected the treated area at a later date.
(f) there are issues with quality of tiles or tile bonding which may detrimentally affect the treated area.
(g ) the shower and / or treated area has been used within twenty-four (24) hours before and / or After the Service or as per Quotation
(h ) the treated area has been cleaned with a solvent or any other toxic chemical within 24 hours of completion of the works.
(i ) the treated area has been used for any purpose other than that for which it was designed for.
(j ) any works are carried out at the work site by a third party which adversely affect the treated area after the application of the product
(k ) any repairs, alterations or further work has been conducted by a third party without SealTech Solutions consent, to the treated area or within close proximity, after the application of the product which has adversely affected the treated area.
10.1 SealTech Solutions may cancel any contract to which these terms and conditions apply or cancel delivery of Goods or commencement of works at any time prior to goods are delivered or works started, by giving written notice to the Client. When such notice has been given, any deposits paid by the Client must be refunded to them by SealTech Solutions. As such SealTech Solutions shall not be liable for any loss or damage whatsoever arising from such cancellation.
10.2 If the Client gives written notice of any cancellation of Goods or services the Client shall be liable for any loss incurred by SealTech Solutions up to the time of cancellation.
11. Australian Consumer Law
11.1 Regardless of anything in the contrary this contract is bound by the provisions of Consumer Law as stipulated in the Competition and Consumer Act 2010.
12. Security of Payment Act NSW
12.1 At SealTech Solutions sole discretion, if there are any disagreements or claims for unpaid goods and/or services then the provisions of the Building and Construction Industry Security of Payment Act 1999 will apply.
13. Privacy Act 1988
13.1 The Client and/or the Guarantor/s agree for SealTech Solutions to obtain from a credit-reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by SealTech Solutions.
13.2 The Client and/or the Guarantor/s agree that SealTech Solutions may exchange information about the Client and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:(a) To assess an application by the Client; (b) To notify other credit providers of a default by the Client; (c) To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and(d) To assess the credit worthiness of the Client and/or Guarantor/s.
13.3 The Client consents to SealTech Solutions being given a consumer credit report to collect overdue payment on commercial credit as per (Section 18K(1)(h) of the Privacy Act 1988).
13.4 The Client agrees that Personal information provided may be used and retained by SealTech Solutions for the following purposes ( and for other purposes as shall be agreed between the Client and SealTech Solutions or required by law from time to time ):
(a) provision of Services & Goods;
(b) marketing of Services and / or Goods by SealTech Solutions, its agents or distributors in relation to the Services and / or Goods;
(c) analysing, verifying and/or checking the Clients credit, payment and/or status in relation to provision of Services/Goods;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and
(e) enabling the daily operation of Clients account and/or the collection of amounts outstanding in the Clients account in relation to the Services and Goods.
13.5 SealTech Solutions may give, information about the Client to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about the Client; and or (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
14.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2 SealTech Solutions shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by SealTech Solutions of these terms and conditions. In lieu of any breach, SealTech Solutions liability in compensation shall under no circumstances exceed the cost of the services.
14.3 The Client shall not be authorised to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by SealTech Solutions nor to withhold payment of any invoice because part of that invoice is in dispute.
14.4 Sealtech Solutions may at all times sub-contract any part or parts of the Works without the Client’s consent. This does not relieve Sealtech Solutions of any obligation under the Contract or at law. This provision takes precedence over any other agreement relating to subcontracting entered into by Sealtech Solutions with the Client.
14.5 SealTech Solutions reserves the right to review these Terms and Conditions at any time. Following the review, if there are any changes in the Terms and Conditions, that change will take effect from the date on which SealTech Solutions gives written notification to the Client of aforesaid changes.
14.6 The Client agrees that Sealtech Solutions may use any documents, designs, drawings, videos, photos produced by Sealtech Solutions for the purposes of advertising, marketing, or entry into any competition.
14.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.