SealTech Solutions – Terms & Conditions
1. Definitions
In these Terms and Conditions, unless the context otherwise requires, words have the meaning given to them in the Contract or by common usage.
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. Acceptance
The Client’s acceptance of a quotation or commencement of the Services constitutes agreement to these Terms and Conditions.
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 Goods/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 and Services
3.1 Any Goods supplied will be delivered to the Client’s nominated address, unless otherwise agreed in writing. The Client is responsible for ensuring that appropriate access and arrangements are in place to accept delivery.
3.2 SealTech Solutions will take all reasonable steps to deliver Goods and Services on time; however, SealTech Solutions shall not be liable for any delay or failure in delivery caused by events beyond its reasonable control, including supplier delays, transport disruptions, or unforeseen site conditions.
3.3 Delivery is deemed to occur when the Goods are made available at the Client’s nominated address, whether or not the Client is present to accept delivery.
4. Risk
4.1 Risk in the Goods passes to the Client upon delivery to the Client’s nominated address, regardless of whether ownership of the Goods has transferred.
4.2 Until full payment for the Goods is received, ownership remains with SealTech Solutions. In the event Goods are lost, damaged, or destroyed after delivery but before ownership passes, SealTech Solutions is entitled to receive all insurance proceeds payable in respect of the Goods. These Terms and Conditions constitute sufficient evidence of SealTech Solutions’ rights to such proceeds.
4.3 SealTech Solutions will exercise reasonable care and skill when carrying out Works, however it shall not be liable for reasonable incidental damage that may occur to existing surfaces, including but not limited to minor chips, scratches, or nibs on existing tiles.
4.4 The Client acknowledges that the application of certain products may alter the appearance of existing tiles. Such changes shall not be considered defects or a breach of warranty, provided SealTech Solutions has used products in accordance with industry practice. SealTech Solutions will endeavour to advise Clients of any foreseeable changes before Works commence.
4.5 SealTech Solutions will not be obliged to repair or undertake Works on areas that are not structurally sound, affected by water damage, or compromised by wet or dry rot, unless such repairs are expressly included in the written quotation.
4.6 SealTech Solutions shall not be liable for defects or damage arising from structural movement, substrate movement, or building shifts outside of its control.
4.7 SealTech Solutions shall not be responsible for defects, faults, or deterioration that were not reasonably visible or detectable during the initial inspection and quotation but become apparent during or after the Works.
5. Contract Price and Payment
5.1 The Contract Price shall be as stated in the written quotation provided by SealTech Solutions and accepted by the Client, or as otherwise agreed in writing. Quotations are valid for thirty (30) days unless otherwise specified.
5.2 SealTech Solutions reserves the right to adjust the Contract Price where:
(a) The Client requests a variation to the Works originally quoted;
(b) Additional Works are required due to concealed conditions not reasonably visible or detectable at the time of quotation, including defects behind finishes, substrate issues, or water damage. SealTech Solutions will notify the Client and obtain instructions before proceeding with such Works, which will be treated as a Variation;
(c) Delays are caused by the Client or their representatives in providing site access, accurate information, or other requirements necessary to enable SealTech Solutions to carry out the Works.
5.3 Unless otherwise agreed in writing, payment for the Services shall be made as follows:
(a) On completion of the Works; or
(b) As otherwise stated on the quotation or invoice; or
(c) For approved account Clients, within seven (7) or thirty (30) days of the invoice date, as agreed in writing.
5.4 Payment may be made by cash, cheque, bank cheque, electronic funds transfer, credit card, or any other method agreed between the Client and SealTech Solutions.
5.5 SealTech Solutions may, at its sole discretion, require a non-refundable deposit. Deposits for projects above $5,000 may be up to 30% of the Contract Price unless otherwise agreed.
5.6 The Contract Price is exclusive of Goods and Services Tax (GST) and any other applicable duties or taxes, unless expressly stated otherwise. GST and other applicable charges will be added to the Contract Price where relevant.
5.7 All Works will be regarded as complete when they have been finished in accordance with this Contract, are free of apparent defects, and all rubbish has been removed from the Site.
5.8 If payment is not received by the due date, SealTech Solutions reserves the right to charge interest at its discretion and/or suspend further Works until payment is received.
6. Latent Defects / Hidden Issues
6.1 SealTech Solutions shall not be liable for latent or hidden defects, faults, or deterioration that were not visible or reasonably detectable at the time of initial inspection or quotation.
6.2 If such issues become apparent after Works have commenced, SealTech Solutions reserves the right to charge additional fees to address these issues, or to exclude them from warranty coverage.
6.3 Latent defects include but are not limited to: structural or substrate movement, plumbing leaks, water ingress from adjoining areas, or defective tiling and materials not installed by SealTech Solutions.
7. Deposit Policy
7.1 SealTech Solutions may require a deposit of up to 30% of the total Contract Price for jobs over $5,000 or at its discretion.
7.2 Deposits are non-refundable unless otherwise agreed in writing or where required under Australian Consumer Law.
8. Full Disclosure Obligations
8.1 The Client must provide SealTech Solutions with full disclosure of all relevant information regarding the assessment site, including:
- Details of past repairs or treatments.
- Any adjoining areas or building elements that may impact the Works.
- Any known plumbing, waterproofing, or structural issues.
2 Failure to disclose such information may result in voiding of any warranty if such non-disclosure is later found to compromise the sustainability of the Works.
9. Variations
Any variation to the Works or Contract Price must be agreed in writing by both parties. SealTech Solutions reserves the right to charge for additional works not included in the original quotation.
10. Client’s Responsibilities
10.1 The Client shall ensure that SealTech Solutions has clear and safe access to the site at all reasonable times in order to perform the Works.
10.2 The Client is responsible for preparing the site, including the removal of furniture, fixtures, and other obstructions, unless otherwise agreed in writing.
10.3 The Client must provide all necessary information regarding site conditions, utilities, and any known risks which may affect the Works. SealTech Solutions shall not be liable for delays, additional costs, or defects arising from the Client’s failure to comply with these obligations.
11. SealTech Solutions Obligations & Works
11.1 Commencement and Completion Dates
The commencement and completion dates for the Works will be as agreed in writing between SealTech Solutions and the Client.
11.2 Time for Completion
SealTech Solutions will use its best endeavours to complete the Works within a reasonable time. Where completion is delayed due to unforeseen circumstances beyond the reasonable control of SealTech Solutions — including but not limited to inclement weather, supplier delays, or other force majeure events — the Client agrees that SealTech Solutions shall be entitled to a reasonable extension of time to complete the Works.
11.3 Site Clearance
On completion of the Works, SealTech Solutions will remove from the Site its tools, equipment, rubbish, and surplus material directly associated with the Works, leaving the Site in a tidy condition.
11.4 Standard of Workmanship
SealTech Solutions and its representatives will perform the Works with reasonable care, skill, and in a proper and workmanlike manner, consistent with applicable industry standards.
12. Warranty
12.1 Commencement of Warranty
The warranty period commences upon completion of the Works, provided that all monies owing to SealTech Solutions have been paid in full in accordance with Clause 5.4, and any cheques have been honoured.
12.2 Warranty Coverage
SealTech Solutions warrants that all Works will be performed with due care, skill, and in a proper and workmanlike manner, and will be free from defects, for the following periods unless otherwise stated in writing:
- Structural works – six (6) years.
- Non-structural works – two (2) years.
- Epoxy grouting – ten (10) years (product warranty)
- Silicone / caulking works – one (1) year.
These warranty provisions are in addition to, and do not limit, any rights the Client may have under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)) or the Fair-Trading Act in the relevant state.
12.3 Warranty Claims
(a) If a defect in the Works becomes apparent within the warranty period, and is reported to SealTech Solutions in writing within that period, SealTech Solutions will, at its sole discretion, either repair, replace, or remedy the defective workmanship.
(b) Any rectification work carried out under this warranty will not extend or restart the original warranty period.
12.4 Exclusions from Warranty
This warranty does not cover, and SealTech Solutions will not be liable for, any defect, damage, or failure caused or contributed to by any of the following:
(i) The Client’s failure to properly maintain the treated area or follow SealTech Solutions’ instructions or guidelines;
(ii) Misuse, neglect, or use of the Works for purposes other than those for which they were designed;
(iii) Fair wear and tear, accident, or act of God;
(iv) Structural or substrate movement, including movement of moulded baths or showers away from walls;
(v) Latent defects adjacent to or underlying the treated area which were present at the time of, or which become apparent after, the Works;
(vi) Damage caused by intentional, accidental, or negligent acts of the Client or any third party;
(vii) Replacement, alteration, or modification of fixtures, fittings, or plumbing after completion of the Works which adversely affect the treated area;
(viii) The presence of moisture, leaks, or water ingress from sources not treated by SealTech Solutions;
(ix) Defects arising from poor-quality tiles, tile bonding, or substrates that affect the treated area;
(x) Use of the shower or treated area within twenty-four (24) hours before or after the Works, or contrary to any written instructions provided by SealTech Solutions;
(xi) Cleaning of the treated area with solvents or other harsh chemicals within twenty-four (24) hours of completion;
(xii) Any further work, repairs, or alterations carried out by a third party without SealTech Solutions’ prior written consent, where such work adversely affects the treated area.
12.5 Non-Disclosure
Warranty is void where failure of the Works results from the Client’s failure to disclose relevant information in accordance with Clause 6, including but not limited to past repairs, adjoining areas, or conditions affecting the sustainability of the Works.
13. Client’s Responsibilities and Site Access
13.1 The Client must provide SealTech Solutions with clear, safe, and reasonable access to the site at all agreed times to enable the Works to be carried out.
13.2 The Client is responsible for preparing the site, including but not limited to the removal of furniture, fixtures, pot plants, or any other obstructions, unless otherwise agreed in writing.
13.3 The Client must disclose and provide all necessary information regarding site conditions, utilities, prior repairs, adjoining areas, or any known risks that may affect the Works.
13.4 SealTech Solutions shall not be liable for any delays, additional costs, or defects resulting from:
(a) unsafe, restricted, or obstructed access to the site;
(b) the Client’s failure to properly prepare the site; or
(c) the Client’s failure to provide accurate and complete information as required under this clause.
14. Cancellation and Cancellation Fees
14.1 If the Client wishes to cancel the Works after acceptance, they must notify SealTech Solutions in writing as soon as reasonably practicable.
14.2 Where cancellation occurs, SealTech Solutions reserves the right to retain or recover reasonable costs already incurred in preparing for or performing the Works.
14.3 If the Client cancels or reschedules a scheduled appointment within twenty-four (24) hours of the agreed time, SealTech Solutions may, at its discretion, charge a cancellation fee of $220 (inclusive of GST) or retain up to fifty percent (30%) of any deposit paid, whichever is greater.
14.4 The Client acknowledges that such cancellation fees represent a genuine pre-estimate of the administrative, consultancy, and scheduling costs incurred by SealTech Solutions.
15. Call-Out Fees
15.1 SealTech Solutions reserves the right to charge a call-out fee in circumstances where:
- The reported problem is unrelated to the Services provided by SealTech Solutions; or
- A site inspection determines that the reported issue is not covered under warranty; or
- Access is denied or unsafe at the time of inspection.
2 Any such fees will be communicated to the Client before invoicing.
16. Risk & Ownership
Risk in the Works passes to the Client upon completion. Title to any materials supplied shall remain with SealTech Solutions until full payment is received.
17. Limitation of Liability
To the extent permitted by law, SealTech Solutions’ liability for any claim arising out of the Contract shall be limited to the resupply of the Services, or payment of the cost of resupply, at SealTech Solutions’ discretion.
18. Indemnity
The Client agrees to indemnify and keep indemnified SealTech Solutions, its employees, agents, and subcontractors against all liabilities, losses, damages, expenses, and costs (including legal costs on a full indemnity basis) arising out of or in connection with:
- Any breach by the Client of these Terms and Conditions; or
- Any claim by a third party relating to the Works, except to the extent caused by SealTech Solutions’ negligence or wilful misconduct.
19. Force Majeure
SealTech Solutions shall not be liable for delays or failure to perform its obligations due to events beyond its reasonable control, including natural disasters, extreme weather, strikes, or supply shortages.
20. Privacy and Credit Reporting
20.1 SealTech Solutions collects, stores, and uses Client personal information solely for the purpose of providing Services and Goods, managing accounts, and as otherwise permitted under the Privacy Act 1988 (Cth). Personal information will not be disclosed to third parties except:
(a) as required by law;
(b) with the Client’s consent; or
(c) as necessary to perform the Services or recover payment.
20.2 The Client and/or any Guarantors authorise SealTech Solutions to obtain from a credit-reporting agency a credit report containing personal credit information about them for the purpose of assessing credit, managing accounts, or recovering monies due.
20.3 The Client consents to SealTech Solutions obtaining a consumer credit report for the purpose of collecting overdue payments on commercial credit, in accordance with Section 18K(1)(h) of the Privacy Act 1988.
20.4 The Client agrees that personal information provided may be used and retained by SealTech Solutions for the following purposes (and for other purposes as agreed between the Client and SealTech Solutions or required by law from time to time):
(a) provision of Services and Goods;
(b) marketing of Services and/or Goods by SealTech Solutions, its agents or distributors;
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Services and 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 the Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services and Goods.
20.5 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) to allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
21. Compliance with Law, General Provisions & Governing Law
21.1 Australian Consumer Law
Notwithstanding any provision in this Contract, these Terms and Conditions are subject to and bound by the provisions of the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law. Nothing in this Contract excludes, restricts, or modifies any statutory rights or remedies that cannot be excluded under the law.
21.2 Security of Payment Act (NSW)
At SealTech Solutions’ sole discretion, where there are any disputes or claims for unpaid goods and/or services, the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) shall apply.
21.3 General Provisions
(a) If any provision of these Terms and Conditions is found to be invalid, void, illegal, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
(b) SealTech Solutions shall not be liable for any indirect or consequential loss, including loss of profit, arising out of any breach of these Terms and Conditions. In any case, SealTech Solutions’ liability shall not exceed the total cost of the services provided.
(c) The Client shall not set off or deduct from any payment due to SealTech Solutions any sums owed or claimed to be owed to the Client, nor withhold payment of any undisputed portion of an invoice.
(d) SealTech Solutions may subcontract any part of the Works without the Client’s consent. Subcontracting does not relieve SealTech Solutions of any obligations under the Contract or at law.
(e) SealTech Solutions reserves the right to review and amend these Terms and Conditions at any time. Any amendments will take effect from the date the Client is notified in writing.
(f) The Client agrees that SealTech Solutions may use documents, designs, drawings, photos, or videos produced in connection with the Works for advertising, marketing, or promotional purposes, unless otherwise agreed in writing.
(g) Neither party shall be liable for any delay or default caused by events beyond their reasonable control, including but not limited to acts of God, war, terrorism, strike, industrial action, fire, flood, or extreme weather.
21.4 Governing Law & Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.