CONDITIONS OF CONTRACT
Renovation and repair work gets the best results when all old linings have been removed and replaced with new. When patching onto old surfaces we cannot guarantee the same result as plastering onto new plasterboard or cornice.
Where old surfaces meet new surfaces there are many considerations to having the desired final result. We can deliver 100% new finish ONLY when we remove all existing substrates, and install NEW plasterboard or cornice.
GENERAL
The terms of this document become a legally binding contract upon acceptance of this quotation either in writing, verbally or in the first instance Mr Plaint engages in any work related to The Client . The quotation is valid for a period of 30 days from the date of issue, and may be withdrawn or reviewed by the contractor prior to acceptance by the builder/owner.
Quote is subject to change IF projects quoted via job photos provided by client do not accurately represent the full scope of work.
All works carried out will be performed to current trade practice and comply with manufacturer’s specifications.
We ensure compliance with the Australian Standards; and maintain all relevant insurances and OH&S requirements.
1.0 PLASTER CONDITIONS
1.1 Carpentry and framing must be complete by builder/owner prior to commencement of plaster linings being installed. This includes all noggins and trimmers to facilitate installation of the plasterboard. All walls and ceilings are to be straightened by builder/owner. No responsibility will be accepted for uneven wall or roof framing.
1.2 The contractor shall not be responsible for surface variations accentuated by natural or artificial lighting, or the use of paints with a gloss level above low sheen paints designed for plasterboard. All plasterboard should be sealed with an approved plasterboard sealer.
1.3 Plaster Exclusions
This proposal excludes the following unless specifically stated within this document;
(a) Scaffolding if this is required to carry out the work.
(b) Level 5 finish (all new work is allowed as level 4 unless otherwise specified).
(c) Wallpaper stripping.
(d) Cleaning of dust from all surfaces.
2.0 PAINTING CONDITIONS
The Client is responsible for approving surfaces to which paint is applied. By instructing Mr Plaint to proceed with painting work it is deemed that:
2.1 The area i.e.; room, level or building is complete and no further changes or additions will be made to the material.
2.2 The surface is in an acceptable condition to The Client for painting with respect to texture and contour.
2.3 Is in an acceptable state for painting with regards to time exposed and moisture content.
2.4 The Client understands that sanding and painting will not improve the texture of plasterboard or wood-grain or change the contour of the surface from its original state.
2.5 Painting Exclusions
Unless otherwise specified these items are excluded from the proposal;
(a) Scaffolding if this is required to carry out the work.
(b) Removal of demarcation lines (mapping) from previous layers of pain.t
(c) Application of more than the standard two top coats if required to hide dark or contrasting colours or mould lines.
(d) Stripping or priming of new weatherboards or windows as they are assumed to have a good quality primer which does not need to be removed or re-primed prior to application of top coats.
(e) Cleaning of old paint from surfaces.
(f) Any costs associated with working on or disposing of asbestos based material, lead paint or other hazardous substances if these are found to be attached to or stored on the property.
3.0 PROGRAMME OF WORK
3.1 A reasonable programme is to be agreed upon, prior to work commencing, excluding liability for disputes, striking, fire and earthquake damage and all other circumstances or acts of God that are beyond our control.
3.2 The client warrants that the surfaces to which the product is to be applied are free from any patent or latent defects which may at any time and in any way hinder the application or ongoing adhesion of the product during its life-cycle.
4.0 PRICES & PAYMENT
4.1 Payment for Products shall be made in full 7 days following the date of the invoice (“the due date”).
4.2 Interest may be charged on any amount owing after the due date at the rate of 5% per month or part month.
4.3 Any expenses, disbursements and legal costs incurred by Mr Plaint in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
4.4 A deposit may be required.
4.5 Progress payments may be claimed during the contract period. No retention of payment or lien shall be made under any circumstances.
5.0 VARIATIONS AND RETENTIONS
5.1 This quotation is for the application of products in accordance with the standard specifications relating to the products. Any variance requiring labour or materials will be treated as an addition to the contract.
5.2 No variation of the work to be conducted can be made without written instructions to Mr Plaint, including any extension of time to complete the variation.
5.3 Any additional work requested to be carried out not included in this quotation will be charged in accordance to current labour and materials rates.
5.4 Any additional painting due to incomplete carpentry, damage from other trades or any other person will be charged as a variation in addition to the proposal price.
6.0 QUALITY COMPLETION CHECKS
6.1 Mr Plaint and The Client or representative of The Client will carry out quality completion checks at each stage of the work and compile a list of remedial items if required.
6.2 By approving each stage and allowing work to continue The Client accepts the workmanship to that point in its entirety.
6.3 During these checks The Client is deemed to have accepted that all other work such as preparation of surfaces has been completed to a satisfactory standard.
6.4 The Client or any other party shall not dispute the quality of work after such acceptance nor will any further items shall be added to the remedial items list after the first remedial list.
7.0 ACCEPTANCE OF THE WORK
Subsequent touch ups found after the quality completion check by The Client or by a third party will be charged for as a variation.
8.0 CLAIMS
8.1 Mr Plaint does not accept any liability for damage caused by structural movement and defects, other trades, contractors, accidents or other happenings over which it has no control.
8.2 Any complaints relating to the quality of the work completed in pursuit of this contract must be made in writing and delivered to Mr Plaint within 7 days of the practical completion of the work. Mr Plaint will not accept any complaints that are received after 7 days of practical completion.
WARRANTY
1.1 To the extent required by statute, Mr Plaint warrants that:
(a) the Works have been carried out in a proper and workmanlike manner with reasonable skill and care and in accordance with the plans and specifications as set out in the quotation, schedule of works, contract, or purchase order;
(b) all materials supplied , having regard to the relevant criteria, are suitable for the purpose for which they are used and that, unless otherwise stated in the quotation, schedule of works, contract, or purchase order, those materials are new;
(c) the Works have been carried out in accordance with all relevant laws and legal requirements (including, but not limited to, the Building Act 1993).
1.2 For Material not manufactured by Mr Plaint the warranty shall be the current warranty provided by the manufacturer of the material Mr Plaint and our trades persons, workers or sub-contractors shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturers warranty.
1.3 Mr Plaint shall not be held responsible for surface variations accentuated by natural or artificial lighting, or the use of paints with a gloss level above low sheen paints designed for plasterboard. All plasterboard is to be sealed with an approved plasterboard sealer Painting or decorating without an approved plasterboard sealer voids this warranty.
1.4 Mr Plaint do not warrant substrates that have not been previously sealed with oil pigmented sealer. These substrates include but are not limited to plaster ceilings, walls and cornice.
1.5 We do not warrant the fading, peeling or blistering of dark colours on external projects, dark colours include reds, blues, greens & blacks.
1.6 Mr Plaint do not warrant the following issues: cracking, settlement cracking, water stains, rust, peeling ceilings, previously painted surfaces that have not been sealed using oil pigmented sealer.
1.7 We accept no responsibility for choice of colours on any project. If for any the reason the client changes their mind after they have chosen a colour, any associated costs with this change of mind will be incurred by the client in full, and this includes any labour costs during the process.
1.8 We do not accept responsibility for yellowing of any gloss enamel products.
The Commonwealth Trade Practices Act 1974, Building Act 1993, and Fair Trading Acts Nothing in this warranty is intended to have the effect of reducing any applicable provisions of the Commonwealth Trade Practices Act 1974, Building Act 1993, or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.