1. DEFINITIONS
In these terms and conditions:
Customer means the person purchasing the goods and services upon these terms and conditions and any entity acting on behalf of or with the authority of the Customer.
Supplier means Metconnect Services Pty Ltd t/a Grout Works Melbourne and any related body corporate of the Supplier within the meaning of section 50 of the Corporations Act 2001 and any successor or assignee.
2. BINDING TERMS AND CONDITIONS
The only terms which are binding upon the Supplier are:
those set out in these terms and conditions or otherwise agreed to in writing by the Supplier; and
those, if any, which are imposed by law and which cannot be excluded.
3. QUOTATIONS
Any prices shown in the Supplier’s quotations are valid for 30 days from the date of the quotation and are otherwise subject to alteration without notice at the Supplier’s sole discretion.
The Customer must check the quotation carefully as the Supplier will only supply the goods and/or services shown in the Supplier’s quotation.
Any variations to the price of the goods or services to be supplied as shown in the Supplier’s quotation must be agreed in writing.
The Customer must ensure that, at all times, the Supplier has free and clear access to the relevant worksite. Failure to provide suitable access may result in additional charges.
The Supplier will not be liable if tiles lift and/or come loose during the grout removal process, including where this is caused by high moisture levels, poor adhesion, existing defects or other pre-existing site conditions. Additional charges may apply if re-tiling or other remedial work is required as a result.
4. GOODS AND SERVICES TAX
GST has the meaning given to it under the A New Tax System (Goods and Services Tax) Act 1999 and any replacement legislation.
Unless GST is expressly included, the consideration payable under these terms and conditions does not include GST.
Where a taxable supply is made, the GST-exclusive consideration will be increased by the applicable GST amount, subject to the Supplier providing a valid tax invoice.
5. ACCEPTANCE
The Customer must inspect the goods and/or services immediately upon completion and, within 2 days after the date of inspection, give written notice to the Supplier, with particulars, of any claim that the goods and/or services are not in accordance with the contract.
If the Customer fails to provide such notice, then, to the extent permitted by law, the goods and/or services will be treated as having been accepted by the Customer and the Customer must pay for the goods and/or services in accordance with these terms and conditions.
6. PAYMENT
Payment for goods and/or services supplied by the Supplier must be made in full no later than the date of sale or otherwise as specified by the Supplier.
Payment will be treated as made:
if cash, direct credit or credit card is tendered, on the date it is tendered; and
if a cheque or other negotiable instrument is tendered, on the date upon which it is negotiated and cleared by the Supplier’s bankers.
Time is of the essence in respect of the Customer’s obligation to make payment.
If the Customer defaults in making payment, the Supplier may:
charge interest on the overdue amount at the rate of 3% per month from the date the default arose; and
require the Customer to reimburse the Supplier for reasonable collection costs, including legal costs, incurred as a consequence of the default.
Payments received will be applied:
first, towards collection costs;
secondly, towards interest; and
thirdly, towards the oldest outstanding portion of the Customer’s account.
If the Customer cancels or otherwise does not complete an order for goods and/or services, the Supplier may retain any deposit paid, subject to applicable law.
7. CANCELLATION FEE
If the Customer cancels an appointment for the Supplier to supply goods and/or services within 24 hours of the scheduled appointment, a cancellation fee of $150 inclusive of GST will be payable by the Customer, regardless of the reason for cancellation, subject to any rights the Customer may have under applicable law.
8. WARRANTIES, EXCLUSIONS AND LIMITATIONS
The Supplier warrants that a full shower re-grout will stay waterproof for a period of 10 years from the date of service, subject to the terms and conditions set out in the Supplier’s warranty document.
Except where required by law, the Supplier’s liability in relation to goods and/or services is limited to the remedies permitted under these terms and conditions.
The Supplier does not warrant that grout colour or texture will be an exact match to an existing grout, sample or description.
Replacement tiles or other replacement items may not be an exact match to existing items in colour, texture, finish, size or appearance.
The Supplier will take reasonable care and skill when performing the services.
9. RIGHT TO SUSPEND OR TERMINATE SERVICES
Grout Works may immediately suspend or terminate the services, without liability to the Customer, where:
the site becomes unsafe for our workers;
the Customer or another person engages in abusive, threatening or unsafe behaviour towards our workers;
the Customer fails to meet a payment obligation under these terms and conditions;
the Customer gives a direction that is inconsistent with proper workmanship, a product manufacturer’s instructions or an applicable law; or
unforeseen site conditions make it unsafe or impracticable to complete the services safely.
Where the services are suspended or terminated under this clause, the Customer remains liable to pay for all services properly performed and materials properly supplied up to the date of suspension or termination.
10. GROUT REMOVAL RISKS
Grout removal requires tools to be used close to tile edges. Although Grout Works takes reasonable care, older, brittle, damaged or poorly installed tiles may chip, crack, loosen or show changes along their edges during the process.
The risk may be higher where:
tiles have narrow grout joints;
grout is unusually hard;
grout has been installed over tile edges;
tiles are already chipped or cracked;
tiles have poor adhesion;
moisture is present behind the tiles;
tiles are hollow or drummy; or
previous repairs have used inappropriate materials.
The Supplier is not responsible for damage caused by a pre-existing defect, weakness or site condition that could not reasonably have been identified before commencing work.
This clause does not exclude responsibility where damage is directly caused by the Supplier’s failure to exercise reasonable care and skill.
11. SILICONE AND MOVEMENT JOINTS
Silicone is a flexible maintenance product used in corners, joints and areas where movement may occur.
The life and performance of silicone depends on factors including:
movement in the building;
ventilation;
cleaning;
moisture;
mould growth;
chemical exposure;
surface preparation;
shower use; and
the condition of surrounding materials.
Silicone is not covered by the Supplier’s 10-year epoxy-regrouting workmanship warranty.
Any separate silicone workmanship warranty or warranty period must be expressly stated in the quotation, invoice or separate warranty document.
12. ITEMS EXCLUDED FROM THE 10-YEAR WARRANTY
Unless otherwise agreed in writing, the Supplier’s 10-year warranty does not cover:
silicone or caulking;
cement grout;
patch repairs;
tile damage;
tile replacement;
mould removal;
grout cleaning;
colour sealing;
efflorescence removal;
grout-haze removal; or
Customer-supplied materials.
The warranty does not cover deterioration, damage or failure caused by misuse, lack of maintenance, movement of the building, moisture-related issues, pre-existing defects, subsequent repairs or alterations by others, or circumstances outside the Supplier’s reasonable control.
13. PRIVACY
Where goods are supplied to the Customer on credit, the Customer irrevocably authorises the Supplier, its employees and agents to make such enquiries as it considers necessary to investigate the creditworthiness of the Customer, including enquiries from nominated trade referees, the Customer’s bankers or other credit providers.
The Customer authorises those information sources to disclose to the Supplier information concerning the Customer that is reasonably requested for this purpose.
14. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement and understanding between the Supplier and the Customer concerning the subject matter of these terms and conditions, except for any additional terms expressly agreed to in writing by the Supplier.
15. GOVERNING LAW AND JURISDICTION
The law of the State or Territory where the Supplier supplies the goods and/or services to the Customer governs these terms and conditions.
The parties submit to the non-exclusive jurisdiction of the courts of the State or Territory where the Supplier supplies the goods and/or services and of the Commonwealth of Australia.
