TERMS OF TRADE

1. Sky Dog Roofing will perform the work in this quotation in a proper and workmanlike manner and in accordance with the plans and specifications. The work will be done with due diligence and within a reasonable time.

2. All materials supplied by Sky Dog Roofing will be suitable for the purpose for which they will be used and unless otherwise stated in the quotation, those materials will be new.

3. Sky Dog Roofing are not responsible for the client’s colour choice. All colours may/could appear 1-2 shades lighter/darker depending on an infinite amount of factors that are out of our hands.

4. Due to rain and work volumes we are sometimes required to reschedule. This includes our team as well as each job we book. Jobs may be rescheduled on short notice or on occasion without notice at all. If this occurs we would be in touch as soon as possible.

5. With regards to price: the time has been estimated and in actuality, may go under or over the quoted time but at no alteration to the price of this fixed quotation.

6. Sky Dog Roofing workers may not do additional work other than the approved quotation unless instructed by management and only then in accordance with an additional written and duly accepted quotation amendment or variation to the original quote.

7. Sky Dog may use employees, Contractors or a combination of both. The workforce used on any job is solely the discretion and judgment of Sky Dog on the most suitable or qualified workers for any given job.

8. Job variations: It can occur that after starting a job, removing the roof or sections of the roof, that other issues or damage can occasionally be found that were not known and not included in the above scope of work. If this is found to be the case and is deemed in need of attention or repair, a variation quote will be provided to the owner for consultation and approval.

Any additional work required out must be provided in writing as a variation quote and must be approved by the owner prior to any work being started.

9. This is a fixed quotation and is not negotiable after commencement of any works.

10. Our Guarantee:

a) All New Work [New Work is defined as an entire roof is replaced or installed] is Guaranteed for 7 years;

b) All Repairs [Repairs are defined as any works carried out to resolve a specific problem with a roof or guttering system. Maintenance and replacing components of a roof (such as flashings or tiles) are classified as repairs.] are Guaranteed for 2 years, unless otherwise stated on the quotation.

c) The Guarantee is in force once the work has been completed and fully paid.

d) If our work should fail for any reason within that time, we guarantee to investigate and resolve the issue as quickly as possible – without charge.

e) In the event that Sky Dog Roofing is called out to resolve a Guarantee issue that turns out to be due to a cause unrelated to our work, or damage has been caused by people other than Sky Dog Roofing Contractors, a call-out charge of $180 (inc. GST) will be due.

11. The quotation excludes any latent conditions or events and also excludes anything not stated in the quotation.

12. Sky Dog Roofing reserves the right to withdraw from this contract prior to commencement of works. Any deposit monies received by Sky Dog Roofing from the client shall be refunded forthwith.

13. Payment Terms: (Unless otherwise agreed upon in writing by all parties),

a. Full payment is to be made on completion of works.

b. Jobs over $3,000 may require a 10% deposit prior to commencement of work.

c. Jobs over $5,000 may require a further 40% payment once materials are delivered to site. The balance is payable on completion of works.

d. Anything not stated on this quote is not included. This also includes changes or variations.

14. Should there be any question, concerns or complaints, clients are encouraged to contact us at any point before, during or after the job. We can be reached via phone, text or email. Contact details are on our quotes, invoices and website.

FULL TERMS AND CONDITIONS

BACKGROUND

A. The client is of the opinion that the Contractor has the necessary qualifications,

experience, and abilities to provide services to the Client.

B. The Contractor is agreeable to providing such services to the Client on the terms and

conditions set out below.

1. Definitions

1.1 “Contractor” means Sky Dog Roofing Pty Ltd, its successors and assigns or

any person acting on behalf of and with the authority of Sky Dog Roofing Pty Ltd.

1.2 “Client” means the person/s or any person acting on behalf of and with the authority of

the Client requesting the Contractor to provide the Works as specified in any proposal,

quotation, order, invoice, or other documentation, and:

(a) if there is more than one Client, is a reference to each Client jointly and severally; and

(b) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and

1.3 “Works” means all Works (including consultation, manufacturing and/or installation

services) or Materials supplied by the Contractor to the Client at the Client’s request from

time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be

interchangeable for the other).

1.4 “Price” means the Price payable (plus any GST where applicable) for the Works as

agreed between the Contractor and the Client in accordance with clause 5 below.

1.5 “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System

(Goods and Services Tax) Act 1999” Cth.

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and

severally, by these terms and conditions if the Client places an order for or accepts provision

of any Works.

2.2 These terms and conditions may only be amended with the consent of both parties in

writing and shall prevail to the extent of any inconsistency with any other document or

contract between the Client and the Contractor.

2.3 Electronic signatures shall be deemed to be accepted by either party providing that the

parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other

applicable provisions of that Act or any Regulations referred to in that Act.

3. Errors and Omissions

3.1 The Client acknowledges and accepts that the Contractor shall, without prejudice, accept

no liability in respect of any alleged or actual error(s) and/or omission(s):

(a) resulting from an inadvertent mistake made by the Contractor in the formation and/or

administration of this contract; and/or

(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the

Contractor in respect of the Works.

3.2 In the event such an error and/or omission occurs in accordance with clause 3.1 and is

not attributable to the negligence and/or wilful misconduct of the Contractor; the Client shall

not be entitled to treat this contract as repudiated nor render it invalid.

4. Change in Control

4.1 The Client shall give the Contractor not less than fourteen (14) days prior written notice

of any proposed change of ownership of the Client and/or any other change in the Client’s

details (including but not limited to, changes in the Client’s name, address, contact phone or

fax number/s, change of trustees or business practice). The Client shall be liable for any loss

incurred by the Contractor as a result of the Client’s failure to comply with this clause.

5. Price and Payments

5.1 At the Contractor’s sole discretion the Price shall be either:

(a) as indicated on invoices provided by the Contractor to the Client in respect of Works

provided; or

(b) the Contractor’s quoted Price (subject to clause 5.2) which shall be binding upon the

Contractor provided that the Client shall accept the Contractor’s quotation in writing within

thirty (30) days. Where the Contractor’s quotation is for repairs to existing roofs, the

quotation shall be based only on the replacement of damaged roofing and shall not include

the replacement of roofing with slight imperfections, unless authorised by the Client prior to

the commencement of the Works. If the Client requests the replacement of roofing that has

slight imperfections, but the Contractor does not deem to be defective or affect the integrity

of the roof then this shall be a variation to the original quotation and clause 5.2 will apply.

5.2 the Contractor reserves the right to change the Price:

(a) if a variation to the Materials which are to be provided is requested; or

(b) if a variation to the Works originally scheduled (including any applicable plans or

specifications) is requested; or

difficulties (including, but not limited to, poor weather conditions, limitations to accessing the

site, obscured/latent building/site defects, safety considerations (discovery of asbestos,

structural damage, etc.), prerequisite work by any third party not being completed, remedial

work required due to existing workmanship being of a poor quality or hidden pipes and wiring

in walls, etc.) which are only discovered on commencement of the Works; or

(d) in the event of increases to the Contractor in the cost of labour or Materials, which are

beyond the Contractor’s control, should there be a price increase prior to the acceptance of

the quote, subject to clause 5.1(b), and prior to the order and delivery of materials.

5.3 Variations will be charged for on the basis of the Contractor’s quotation, and will be

detailed in writing, and shown as variations on the Contractor’s invoice. The Client shall be

required to respond to any variation submitted by the Contractor within ten (10) working

days. Failure to do so will entitle the Contractor to add the cost of the variation to the Price.

Payment for all variations must be made in full at the time of their completion.

5.4 At the Contractor’s sole discretion, a non-refundable deposit may be required.

5.5 Time for payment for the Works being of the essence, the Price will be payable by the

Client on the date/s determined by the Contractor, which may be:

(a) on completion of the Works; or

(b) by way of progress payments in accordance with the Contractor’s specified progress

payment schedule. Such progress payment claims may include the reasonable value of

authorised variations and the value of any Materials delivered to the site but not yet installed;

(d) failing any notice to the contrary, the date which is seven (7) days following the date of

any invoice given to the Client by the Contractor.

5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by

any other method as agreed to between the Client and the Contractor.

5.7 The Client shall not be entitled to set off against, or deduct from the Price, any sums

owed or claimed to be owed to the Client by the Contractor nor to withhold payment of any

invoice because part of that invoice is in dispute.

5.8 Unless otherwise stated the Price does not include GST. In addition to the Price the

Client must pay to the Contractor an amount equal to any GST the Contractor must pay for

any provision of Works by the Contractor under this or any other contract. The Client must

pay GST, without deduction or set off of any other amounts, at the same time and on the

same basis as the Client pays the Price. In addition the Client must pay any other taxes and

duties that may be applicable in addition to the Price except where they are expressly

included in the Price.

6. Provision of the Works

6.1 Subject to clause 6.2, it is the Contractor’s responsibility to ensure that the Works start

as soon as it is reasonably possible.

6.2 The Works commencement date will be put back and/or the completion date extended

by whatever time is reasonable in the event that the Contractor claims an extension of time

(by giving the Client written notice) where completion is delayed by an event beyond the

Contractor’s control, including but not limited to any failure by the Client to:

(a) make a selection;

(b) have the site ready for the Works;

(d) safety considerations due adverse weather conditions.

6.3 The Contractor may provide the Works by separate installments. Each separate

installment shall be invoiced and paid in accordance with the provisions in these terms and

conditions.

6.4 Any time specified by the Contractor for provision of the Works is an estimate only and

the Contractor will not be liable for any loss or damage incurred by the Client as a result of

any delay. However both parties agree that they shall make every endeavour to enable the

Works to be provided at the time and place as was arranged between both parties. In the

event that the Contractor is unable to provide the Works as agreed solely due to any action

or inaction of the Client then the Contractor shall be entitled to charge a reasonable fee for

re-providing the Works at a later time and date.

7. Access

7.1 The Client shall ensure that the Contractor has clear and free access to the work site at

all times, and such access is suitable to accept the weight of laden trucks, to enable them to

undertake the Works. The Contractor shall not be liable for any loss or damage to the site

(including, without limitation, damage to pathways, driveways and concreted or paved or

grassed areas) unless due to the negligence of the Contractor, and the Client agrees to

indemnify the Contractor against all costs incurred by the Contractor in recovering such

vehicles in the event they become bogged or otherwise immovable.

8. Risk

8.1 If the Contractor retains ownership of the Materials under clause 12 then:

(a) where the Contractor is supplying Materials only:

(i) all risk for the Materials shall immediately pass to the Client on delivery and the Client

must insure the Materials on or before delivery;

(ii) delivery of the Materials shall be deemed to have taken place immediately at the time that

the Materials are delivered by the Contractor or the Contractor’s nominated carrier to the

Client’s nominated delivery address (even if the Client is not present at the address);

(iii) at the Contractor’s sole discretion the cost of delivery is included in the Price;

(iv) notwithstanding the provisions of clause 8.1, if the Client specifically requests the

Contractor to leave Materials outside the Contractor’s premises for collection or to deliver

the Materials to an unattended location then such materials shall always be left at sole risk of

the Client and it shall be the Client’s responsibility to ensure the Materials are insured

adequately or at all. In the event that such Materials are lost, damaged or destroyed then

replacement of the Materials shall be at the Client’s expense.

(b) where the Contractor is to both supply and install Materials then the Contractor shall

maintain a contract works insurance policy until the Works are completed. Upon completion

of the Works all risk for the Works shall immediately pass to the Client.

8.2 The Contractor may at its discretion notify the Client that it requires to store at the

worksite Materials, fittings and appliances, or plant and tools required for the Works, in which

event the Client shall supply the Contractor a safe area for storage and shall take all

reasonable efforts to protect all items so stored from possible destruction, theft or damage.

In the event that any such items are destroyed, stolen or damaged then the cost of repair or

replacement shall be the Client’s responsibility.

8.3 The Client warrants that the structure of the premises or equipment in or upon which

these Materials are to be installed or erected is:

(a) sound and will sustain the installation and Works incidental thereto, and the Contractor

shall not be liable for any claims, demands, losses, damages, costs and expenses

howsoever caused or arising should the premises or equipment be unable to accommodate

the installation;

(b) constructed to the Building Code of Australia and satisfies the relevant Australian

Standard. It is the Contractor’s responsibility to check for compliance, but the Client’s

responsibility to have any non-compliance issues rectified at their own expense.

8.4 The Client acknowledges that Materials supplied may exhibit variations in shade, colour,

texture, surface and finish, and may fade or change colour over time. The Contractor will

make every effort to match batches of Materials supplied in order to minimise such variations

but shall not be liable in any way whatsoever where such variations occur.

8.5 Liability will not be accepted for accidents due to inappropriate selection or maintenance

of Materials, or carelessness thereof.

8.6 The Contractor warrants that the size of gutters and the number, size and position of

downpipes on the project satisfy the Australian standards. However, the Contractor does not

warrant the condition of underground storm water pipes or existing blockage, which often

results in gutter overflowing and back filling of downpipes. Repairs to these works are not the

Contractor’s responsibility.

8.7 Any advice, recommendation, information, assistance or service provided by the

Contractor in relation to Works is given in good faith, is based on the Contractor’s own

knowledge and experience and shall be accepted without liability on the part of the

Contractor, and it shall be the responsibility of the Client to confirm the accuracy and

reliability of the same in light of the use to which the Client makes or intends to make of the

Works.

8.8 The Contractor, it’s directors, employees and consultants, believe that the information

provided to the Client is correct and that any calculations, estimates, conclusions or

recommendations contained in any quotation, estimate or similar document are reasonably

held or made as at the time of compilation. However, no warranty is made as the accuracy or

reliability of any calculations, estimates, conclusions or recommendation (which made

change with notice) or other information contained therein and, to the maximum extent

permitted by law, the Contractor disclaims all liability and responsibility for any direct or

indirect loss or damage which may be suffered by any recipient through relying on anything

contained therein or omitted therefrom.

8.9 The Client acknowledges that the Contractor is only responsible for parts that are

replaced by the Contractor and does not at any stage accept any liability in respect of

previous repairs and/or goods installed by any other third party that subsequently fail and

found to be the source of the failure, the Client agrees to indemnify the Contractor against

any loss or damage to the materials, or caused by the materials, or any part thereof

howsoever arising.

9. Client’s Responsibilities

9.1 It is the intention of the Contractor and agreed by the Client that it is the responsibility of

the Client to ensure there are not obstructions on site near the working area and to provide,

and have erected, scaffolding on any area above three (3) metres off ground level (prior to

measure), to enable the Works to be undertaken. It is also agreed that all scaffolding erected

will comply with industry safety standards and that any person erecting the scaffolding shall

be suitably qualified to ensure its safe and proper erection and where necessary shall hold a

current certificate of competency and/or be fully licensed.

9.2 The Client acknowledges that in the event asbestos or any other toxic substances are

discovered at the worksite that it is their responsibility to ensure the safe removal of the same. The Client further agrees to indemnify the Contractor against any costs incurred by

the Contractor as a consequence of such discovery. Under no circumstances will the

Contractor handle removal of asbestos product.

9.3 The Contractor is not responsible for the removal of rubbish from or clean-up of the

building/constructions site/s caused by other workers/contractors. It is the responsibility of

the Client or the Client’s agent to provide skip bin/s on site for necessary removal of rubbish.

9.4 It is further agreed that:

(a) the Client will supply temporary lighting, toilet, eating and first aid facilities if required; and

(b) the Client will advise all amenity locations (including without limitation, water, gas,

electricity, telephone or any other underground amenity) to the Contractor prior to

commencement of the Works.

10. Accuracy of Client’s Plans and Measurements

10.1 In the event the Client gives information relating to measurements and quantities of the

Materials required it is the Client’s responsibility to verify the accuracy of the measurements

and quantities, before the Client or the Contractor places an order based on these

measurements and quantities. The Contractor accepts no responsibility for any loss,

damages, or costs however resulting from the Client’s failure to comply with this clause.

11. Compliance with Laws

11.1 The Client and the Contractor shall comply with the provisions of all statutes,

regulations and bylaws of government, local and other public authorities that may be

applicable to the Works, including any work health and safety (WHS) laws relating to

building/construction sites and any other relevant safety standards or legislation.

11.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may

be required for the Works.

12. Title

12.1 The Client acknowledges and agrees that the Client’s obligations to the Contractor for

the provision the Works shall not cease, and ownership of the Materials shall not pass, until:

(a) the Client has paid the Contractor all amounts owing for the particular Works; and

(b) the Client has met all other obligations due by the Client to the Contractor in respect of all

contracts between the Contractor and the Client.

12.2 Receipt by the Contractor of any form of payment other than cash shall not be deemed

to be payment until that form of payment has been honoured, cleared or recognised and until

then the Contractor ownership or rights in respect of the Works, and this contract, shall

continue.

12.3 It is further agreed that:

(a) until ownership of the Works passes to the Client in accordance with clause 12.1, that the

Client is only a bailee of the Materials, and unless the Materials have become fixtures, must

return them to the Contractor on request; and

(b) unless the Materials have become fixtures, the Client irrevocably authorises the

Contractor to enter any premises where the Contractor believes the Materials are kept and

recover possession thereof.

ownership of the Works has not passed to the Client.

14. Security and Charge

14.1 In consideration of the Contractor agreeing to provide the Works, the Client charges all

of its rights, title and interest (whether joint or several) in any land, realty or other assets

capable of being charged, owned by the Client either now or in the future, to secure the

performance by the Client of its obligations under these terms and conditions (including, but

not limited to, the payment of any money).

14.2 The Client indemnifies the Contractor from and against all the Contractor’s costs and

disbursements including legal costs on a solicitor and own client basis incurred in exercising

the Contractor’s rights under this clause.

14.3 The Client irrevocably appoints the Contractor and each director of the Contractor as

the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the

provisions of this clause 14 including, but not limited to, signing any document on the Client’s

behalf.

15. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

15.1 Subject to clause 15.2, the Contractor warrants only the workmanship component of the

Works for a period of five (5) years from the date of completion of the Works as evidenced in

writing by the warranty certificate provided by the Contractor, if requested by the Client.

15.2 The Client may not make a claim against the Contractor if:

(a) the Client owes any money to the Contractor in respect of the Works and/or Materials at

the date of the claim

(b) the Client (whether by itself or through a third party) has modified, altered, removed or

added to any part of the Works and/or Materials – i.e. the warranty is void

Client becoming aware or ought reasonably be aware of the possibility of there being a

warranty claim

(d) the Client has not allowed the Contractor a reasonable opportunity to inspect and assess

the alleged condition, defect or damage

(e) the claim arises out of or is connected with fair or normal wear and tear

(f) the claim arises out of or is connected with incorrect, inaccurate or negligent information,

advice or building works provided by the Client or its agents, contractors or advisers

including but not limited to defective plans, poor or negligent design, sub-standard building

works supporting the roof structure or support

(g) the claim arises out of or is connected with any act or omission of the Contractors

employees or contractors where the act or omission has been carried out pursuant to

instructions given by the employees, agents or contractors of the Client

(h) the claim arises out of or is connected with water leaks or damage to roofs with lower

than four (4) degree pitch

(i) the claim arises out of or is connected with water leaks or damage to roofs for reasons

other than poor workmanship

(j) the Client has not maintained the Works and/or Materials in accordance with any

maintenance guidelines recommended by or manual provided (if requested by the Client) by

the Contractor, or

(k) the claim arises out of or is connected with extreme weather conditions such as flood,

hail, fire, cyclone, heavy storm or lightning or consequential causes or associated conditions

such as broken tree branches or trees or flying objects or debris.

15.3 To the extent permitted by law, the Contractor does not provide any warranty with

respect to the Materials. Any warranty card or certificate given by the Contractor in respect

of the Materials is given on behalf of the manufacturer of the Materials. All warranty claims in

respect of the Materials must be submitted directly to the manufacturer except where the

Contractor has agreed in writing to process any such warranty claims on behalf of the

manufacturer.

15.4 The Client must inspect the Works on completion (or Materials on delivery) and must

within seven (7) days of such time notify the Contractor in writing of any evident

defect/damage, error or omission, shortage in quantity, or failure to comply with the

description or quote. The Client must notify any other alleged defect in the Works as soon as

reasonably possible after any such defect becomes evident. Upon such notification the

Client must allow the Contractor to inspect/review the Works provided.

15.5 Under applicable State, Territory and Commonwealth Law (including, without limitation

the CCA), certain statutory implied guarantees and warranties (including, without limitation

the statutory guarantees under the CCA) may be implied into these terms and conditions

(Non-Excluded Guarantees).

15.6 The Contractor acknowledges that nothing in these terms and conditions purports to

modify or exclude the Non-Excluded Guarantees.

15.7 Except as expressly set out in these terms and conditions or in respect of the Non-

Excluded Guarantees, the Contractor makes no warranties or other representations under

these terms and conditions including but not limited to the quality or suitability of the Works.

The Contractor’s liability in respect of these warranties is limited to the fullest extent

permitted by law.

15.8 If the Client is a consumer within the meaning of the CCA, the Contractor’s liability is

limited to the extent permitted by section 64A of Schedule 2.

15.9.1 If the Contractor is required to rectify, re-provide, or pay the cost of re-providing the

Works under this clause or the CCA, but is unable to do so, then the Contractor may refund

any money the Client has paid for the Works but only to the extent that such refund shall

take into account the value of Works which have been provided to the Client which were not

defective.

15.9.2 If the Client is not a consumer within the meaning of the CCA, the Contractor’s liability

for any defect or damage in the Works is:

(a) limited to the value of any express warranty or warranty card provided to the Client by the

Contractor at the Contractor’s sole discretion;

(b) limited to any warranty to which the Contractor is entitled, if the Contractor did not

manufacture the Materials;

15.9.3 Notwithstanding anything contained in this clause if the Contractor is required by a

law to accept a return then the Contractor will only accept a return on the conditions imposed

by that law.

16. Intellectual Property

16.1 Where the Contractor has designed, drawn, written plans or a schedule of Works, or

created any Materials for the Client, then the copyright in all such designs, drawings,

documents, plans, schedules and Materials shall remain vested in the Contractor, and shall

only be used by the Client at the Contractor’s discretion. Under no circumstances may such

designs, drawings and documents be used without the express written approval of the

Contractor.

16.2 The Client warrants that all designs, specifications or instructions given to the

Contractor will not cause the Contractor to infringe any patent, registered design or

trademark in the execution of the Client’s order and the Client agrees to indemnify the

Contractor against any action taken by a third party against the Contractor in respect of any

such infringement.

16.3 The Client agrees that the Contractor may (at no cost) use for the purposes of

marketing or entry into any competition, any documents, designs, drawings, plans or

Materials which the Contractor has created for, or any digital media or Works the Contractor

has provided to, the Client.

17. Default and Consequences of Default

17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes

due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month

(and at the Contractor’s sole discretion such interest shall compound monthly at such a rate)

after as well as before any judgment.

17.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor

from and against all costs and disbursements incurred by the Contractor in recovering the

debt (including but not limited to internal administration fees, legal costs on a solicitor and

own client basis, the Contractor’s contract default fee, and bank dishonour fees).

17.3 Further to any other rights or remedies the Contractor may have under this contract, if a

Client has made payment to the Contractor, and the transaction is subsequently reversed,

the Client shall be liable for the amount of the reversed transaction, in addition to any further

costs incurred by the Contractor under this clause 17 where it can be proven that such

reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under

this contract.

17.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be

entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately

payable if:

(a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion

the Client will be unable to make a payment when it falls due;

(b) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or

proposes or enters into an arrangement with creditors, or makes an assignment for the

benefit of its creditors; or

respect of the Client or any asset of the Client.

18. Cancellation

18.1 Without prejudice to any other remedies the Contractor may have, if at any time the

Client is in breach of any obligation (including those relating to payment) under these terms

and conditions the Contractor may suspend or terminate the provision of Works to the Client.

The Contractor will not be liable to the Client for any loss or damage the Client suffers

because the Contractor has exercised its rights under this clause.

18.2 The Contractor may cancel any contract to which these terms and conditions apply or

cancel the provision of Works at any time before the Works have commenced by giving

written notice to the Client. On giving such notice the Contractor shall repay to the Client any

sums paid in respect of the Price. The Contractor shall not be liable for any loss or damage

whatsoever arising from such cancellation.

18.3 Cancellation of orders for Materials made to the Client’s specifications, or for non-

stocklist items, will definitely not be accepted once production has commenced, or an order

has been placed.

19. Privacy Act 1988

19.1 The Client agrees for the Contractor to obtain from a credit reporting body (CRB) a

credit report containing personal credit information (e.g. name, address, D.O.B, occupation,

previous credit applications, credit history) about the Client in relation to credit provided by

the Contractor.

19.2 The Client agrees that the Contractor may exchange information about the Client with

those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

where the Client is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Client including the Client’s repayment history in the

preceding two years.

19.3 The Client consents to the Contractor being given a consumer credit report to collect

overdue payment on commercial credit.

19.4 The Client agrees that personal credit information provided may be used and retained

by the Contractor for the following purposes (and for other agreed purposes or required by):

(a) the provision of Works; and/or

(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation

to the provision of Works; and/or

requested by the Client; and/or

(d) enabling the collection of amounts outstanding in relation to the Works.

19.5 the Contractor may give information about the Client to a CRB for the following

purposes:

(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Client including

credit history.

19.6 The information given to the CRB may include:

(a) personal information as outlined in 19.1 above;

(b) name of the credit provider and that the Contractor is a current credit provider to the

Client;

(d) type of consumer credit;http://prestigeroofs.com.au/terms-and-conditions/

(e) details concerning the Client’s application for credit or commercial credit (e.g. date of

commencement/termination of the credit account and the amount requested);

(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding

monies which are overdue by more than sixty (60) days and for which written notice for

request of payment has been made and debt recovery action commenced or alternatively

that the Client no longer has any overdue accounts and the Contractor has been paid or

otherwise discharged and all details surrounding that discharge(e.g. dates of payments);

(g) information that, in the opinion of the Contractor, the Client has committed a serious

credit infringement;

(h) advice that the amount of the Client’s overdue payment is equal to or more than one

hundred and fifty dollars ($150).

19.7 The Client shall have the right to request (by e-mail) from the Contractor:

(a) a copy of the information about the Client retained by the Contractor and the right to

request that the Contractor correct any incorrect information; and

(b) that the Contractor does not disclose any personal information about the Client for the

purpose of direct marketing.

19.8 the Contractor will destroy personal information upon the Client’s request (by e-mail) or

if it is no longer required unless it is required in order to fulfil the obligations of this contract

or is required to be maintained and/or stored in accordance with the law.

19.9 The Client can make a privacy complaint by contacting the Contractor via e-mail. The

Contractor will respond to that complaint within seven (7) days of receipt and will take all

reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of

the complaint. In the event that the Client is not satisfied with the resolution provided, the

Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

20. Other Applicable Legislation

20.1 At the Contractor’s sole discretion, if there are any disputes or claims for unpaid Works

then the provisions of the Building and Construction Industry Security of Payment Act 2002

(Victoria), the Building and Construction Industry Security of Payments Act 1999 (New South

Wales), the Construction Contracts Act 2004 (Western Australia), the Building and

Construction Industry Payments Act 2004 (Queensland), the Construction Contracts

(Security of Payments) Act (Northern Territory of Australia), the Building and Construction

Industry Security of Payments Act 2009 (Tasmania), the Building and Construction Industry

Security of Payments Act 2009 (South Australia) and the Building and Construction Industry

(Security of Payment) Act 2009 (Australian Capital Territory) may apply.

20.2 Nothing in this contract is intended to have the effect of contracting out of any

applicable provisions of any of the Acts listed in clause 20.1 (each as applicable), except to

the extent permitted by the Act where applicable.

21. Service of Notices

21.1 Any written notice given under this contract shall be deemed to have been given and

received:

(a) by handing the notice to the other party, in person;

(b) by leaving it at the address of the other party as stated in this contract;

contract;

(d) if sent by facsimile transmission to the fax number of the other party as stated in this

contract (if any), on receipt of confirmation of the transmission;

(e) if sent by email to the other party’s last known email address.

21.2 Any notice that is posted shall be deemed to have been served, unless the contrary is

shown, at the time when by the ordinary course of post, the notice would have been

delivered.

22. Trusts

22.1 If the Client at any time upon or subsequent to entering in to the contract is acting in the

capacity of trustee of any Trust (“Trust”) then whether or not the Contractor may have notice

of the Trust, the Client covenants with the Contractor as follows:

(a) the contract extends to all rights of indemnity which the Client now or subsequently may

have against the Trust and the trust fund;

(b) the Client has full and complete power and authority under the Trust to enter into the

contract and the provisions of the Trust do not purport to exclude or take away the right of

indemnity of the Client against the Trust or the trust fund. The Client will not release the right

of indemnity or commit any breach of trust or be a party to any other action which might

prejudice that right of indemnity;

unreasonably withhold consent), cause, permit, or suffer to happen any of the following

events;

(i) the removal, replacement or retirement of the Client as trustee of the Trust;

(ii) any alteration to or variation of the terms of the Trust;

(iii) any advancement or distribution of capital of the Trust; or

(iv) any resettlement of the trust property.

23. General

23.1 The failure by either party to enforce any provision of these terms and conditions shall

not be treated as a waiver of that provision, nor shall it affect that party’s right to

subsequently enforce that provision. If any provision of these terms and conditions shall be

invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the

remaining provisions shall not be affected, prejudiced or impaired.

23.2 These terms and conditions and any contract to which they apply shall be governed by

the laws of New South Wales, the state in which the Contractor has its principal place of

business, and are subject to the jurisdiction of the Courts in that state.

23.3 Subject to clause 15, the Contractor 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 the Contractor of these terms and conditions

(alternatively the Contractor’s liability shall be limited to damages which under no

circumstances shall exceed the Price).

23.4 The Contractor may licence and/or assign all or any part of its rights and/or obligations

under this contract without the Client’s consent.

23.5 The Client cannot licence or assign without the written approval of the Contractor.

23.6 The Contractor may elect to subcontract out any part of the Works but shall not be

relieved from any liability or obligation under this contract by so doing. Furthermore, the

Client agrees and understands that they have no authority to give any instruction to any of

the Contractor’s sub-contractors without the authority of the Contractor.

23.7 The Client agrees that the Contractor may amend these terms and conditions by

notifying the Client in writing. These changes shall be deemed to take effect from the date on

which the Client accepts such changes, or otherwise at such time as the Client makes a

further request for the Contractor to provide Works to the Client.

23.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike,

lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of

either party.

23.9 Both parties warrant that they have the power to enter into this contract and have

obtained all necessary authorisations to allow them to do so, they are not insolvent and that

this contract creates binding and valid legal obligations on them.

About Us

Where to Find Us

Follow Us

Information

Our Services

Working Hours

Terms & Conditions