Shower Renovation, Wet-Area Rebuild and Associated Works
Additional terms forming part of the Save N Seal Terms & Conditions
Last updated 22 October 2026
Legal entity: QOC Trading Pty Ltd (ACN 666 346 023) trading as Save N Seal / Save & Seal / Save ‘n’ Seal (ABN 36 666 346 023) (“we”, “us”, “our”).
1. How this Schedule sits with the existing Terms
1.1. This Schedule applies to Shower Renovation Works and forms part of the Agreement together with the existing Terms and the accepted Quote.
1.2. To the extent of any inconsistency between this Schedule and the existing Terms, this Schedule prevails in relation to Shower Renovation Works.
1.3. The Scope, Fees and other project-specific particulars are those specified in the accepted Quote, as varied in accordance with the Agreement.
1.4. Any special conditions expressly agreed in writing by the parties prevail over this Schedule to the extent of any inconsistency.
1.5. Nothing in this Schedule excludes, restricts or modifies any right or remedy under the Australian Consumer Law or any other applicable law to the extent that it cannot lawfully be excluded, restricted or modified.
2.1. In this Schedule, unless the context requires otherwise, terms defined in the existing Terms have the same meaning, and:
2.1.1. Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
2.1.2. Building Laws means the laws, regulations, codes and mandatory standards applicable to the Shower Renovation Works, including, where applicable, the Building Act 1993 (Vic), the Domestic Building Contracts Act 1995 (Vic), the National Construction Code, applicable Australian Standards and the laws regulating plumbing and electrical work.
2.1.3. Business Day means a day other than a Saturday, Sunday or public holiday in Victoria.
2.1.4. Latent Condition means a physical condition at the Property which:
(a) existed before the commencement of the Shower Renovation Works;
(b) was not disclosed to us before acceptance of the Quote; and
(c) could not reasonably have been identified by a competent contractor from a visual, non-invasive inspection of the area in which the Shower Renovation Works are to be performed, having regard to the information available at the time of quoting.
2.1.5. Completion means the stage at which the Shower Renovation Works have been completed in accordance with the Scope, other than minor defects or omissions which do not prevent the works from being used safely for their intended purpose, subject to any applicable curing requirements.
2.1.6. Prime Cost Item means an item of materials, fixtures or fittings identified in the Quote for which an allowance has been included in the Fees because its actual purchase price has not been determined when the Quote is accepted.
2.1.7. Property means the land, buildings and improvements at the address specified in the Quote as the location where the Shower Renovation Works are to be performed.
2.1.8. Provisional Sum means an allowance identified in the Quote for particular work, materials or services included in the Scope, the actual cost of which cannot reasonably be determined when the Quote is accepted.
2.1.9. Shower Renovation Works means the works expressly identified as shower renovation, shower rebuild, wet-area rebuild or equivalent renovation works in the accepted Quote, including associated works expressly included in the Scope.
2.1.10. we, us and our mean QOC Trading Pty Ltd (ACN 666 346 023) trading as Save N Seal, and any grammatical variation has a corresponding meaning.
2.1.11. you and your mean the person or persons identified in the accepted Quote as the customer who contracts with us for the Shower Renovation Works, and any grammatical variation has a corresponding meaning.
2.2. A reference in this Schedule to work performed by us includes work performed by our employees and subcontractors in carrying out our obligations under the Agreement.
3. Scope and responsibility for Shower Renovation Works
3.1. Performance of the Works
3.1.1. We will perform the Shower Renovation Works in accordance with the Scope and applicable Building Laws.
3.1.2. Our obligations extend only to the works included in the Scope, except to the extent otherwise required by applicable law.
3.2. Existing building components
3.2.1. Unless expressly included in the Scope, the Shower Renovation Works do not include the inspection, assessment, repair, replacement or upgrading of existing building components, materials, fixtures, fittings or systems, including structural elements, framing, plumbing, drainage, waterproofing systems and shower screens.
3.2.2. We do not warrant the condition, suitability, durability or ongoing performance of any existing building components, materials, fixtures, fittings or systems retained or reused in connection with the Shower Renovation Works.
3.3. Conditions affecting performance
3.3.1. If, during performance of the Shower Renovation Works, we identify a condition which prevents the works from being completed in accordance with the Scope and applicable Building Laws without additional work, we may suspend the affected works and deal with that condition in accordance with clauses 5 and 6.
3.3.2. We are not required to perform additional work outside the Scope without an agreed variation, except to the extent required by applicable law.
3.4. Matters outside our responsibility
3.4.1. To the extent permitted by law, we are not liable for any defect in, or damage to, the Shower Renovation Works, or any loss or damage to the Property or other property, to the extent caused by:
3.4.1.1. a defect or failure in an existing component of the Property outside the Scope;
3.4.1.2. building movement, structural settlement, deterioration, earthquake or another external event not caused by the Shower Renovation Works;
3.4.1.3. water ingress originating from plumbing, drainage, roofing or other building components outside the Scope;
3.4.1.4. work performed or alterations made by persons not engaged by us; or
3.4.1.5. misuse of, or interference with, the completed Shower Renovation Works.
3.4.2. Clause 1.4.1 does not exclude liability to the extent that the relevant defect, loss or damage was caused or contributed to by our breach of the Agreement or failure to exercise due care and skill.
4. Quotes, allowances and exclusions
4.1. Basis of Quote
4.1.1. The Quote specifies the Scope and Fees for the Shower Renovation Works.
4.1.2. The Scope and Fees are determined by reference to:
4.1.2.1. any visual, non-invasive inspection of the Property undertaken by us before issuing the Quote;
4.1.2.2. the information provided to us by you before issuing the Quote; and
4.1.2.3. the conditions at the Property reasonably apparent from that inspection and information.
4.1.3. Unless expressly provided otherwise in the Quote, the Fees are calculated on the basis that the following conditions are met:
4.1.3.1. the work area is reasonably accessible during ordinary working hours;
4.1.3.2. water and electricity are available at the Property for use in performing the Shower Renovation Works;
4.1.3.3. existing structural elements, framing, substrates, plumbing, drainage and other building components which are to be retained do not require repair, replacement or upgrading for the Shower Renovation Works to be performed in accordance with the Scope and applicable Building Laws;
4.1.3.4. no Latent Condition or hazardous material requires work beyond the Scope; and
4.1.3.5. no special access, lifting, parking or building-management arrangements are required.
4.1.4. If a condition specified in clause 4.1.3 is not met, any resulting additional work, cost or delay will be dealt with under clauses 5, 6, or 15, as applicable. The failure to meet that condition does not, of itself, vary the Scope or Fees.
4.2. Excluded Work
4.2.1. Unless expressly included in the Scope, the Shower Renovation Works do not include:
4.2.1.1. structural alterations, repairs or modifications, including restumping, reblocking and the alteration or removal of load-bearing elements;
4.2.1.2. preparation of engineering designs or reports, building surveying services, or obtaining building, planning or other statutory permits or approvals;
4.2.1.3. obtaining owners corporation or other third-party consents or approvals;
4.2.1.4. testing for, assessing, removing, treating or disposing of asbestos, mould or other hazardous materials, other than the ordinary removal and disposal of materials forming part of the agreed demolition works;
4.2.1.5. repair, replacement or upgrading of existing framing, flooring, substrates, wall sheeting or other building components affected by pre-existing damage, deterioration or non-compliance;
4.2.1.6. relocation, alteration, repair, replacement or upgrading of existing plumbing, drainage, gas or electrical services, except for work expressly included in the Scope;
4.2.1.7. repair, replacement or recommissioning of underfloor heating;
4.2.1.8. supply or installation of tiles, tapware, mixers, wastes, shower screens, glazing, fixtures, fittings or other goods not expressly included in the Scope;
4.2.1.9. painting, plastering, waterproofing, tiling, flooring or other making good outside the work area identified in the Quote;
4.2.1.10. investigation or rectification of defects in existing building components or systems outside the Scope;
4.2.1.11. provision of temporary accommodation, alternative bathing facilities or removal or storage of personal belongings; or
4.2.1.12. additional transport, access, parking, lifting, handling or other arrangements arising from restrictions at the Property which were not disclosed to us before acceptance of the Quote and could not reasonably have been identified from our pre-contract inspection.
4.2.2. An exclusion under clause 1.2.1 does not relieve us of an obligation imposed by applicable law in performing the works included in the Scope.
4.3. Prime Cost Items and Provisional Sums
4.3.1. Where the Quote includes a Prime Cost Item or Provisional Sum, the amount stated in the Quote is an estimate of the price of the relevant item or work and is subject to adjustment under this clause.
4.3.2. We may determine the final price of a Prime Cost Item or work covered by a Provisional Sum when that price becomes known. The final price must reflect the amount reasonably payable for the relevant item or work, plus any agreed margin.
4.3.3. The Fees will be adjusted by the difference between the amount stated in the Quote and the final price determined under clause 1.3.2.
4.3.4. If the adjustment:
4.3.4.1. increases the Fees, you must pay the difference in accordance with clause 16; or
4.3.4.2. decreases the Fees, we must credit the difference against the Fees or refund it if no further Fees are payable.
4.3.5. An adjustment to the Fees under this clause does not require a variation under clause 6. Any change to the Scope must be agreed in accordance with clause 6.
4.3.6. You must provide any selections required from you by the date reasonably specified in writing by us, having regard to procurement lead times and the scheduled performance of the Shower Renovation Works.
4.3.7. If you fail to provide a required selection by the date specified under clause 4.3.6, any resulting delay or additional cost will be dealt with under clause 15. Any change to the Scope must be agreed in accordance with clause 6.
5. Latent Conditions
5.1. Discovery of Latent Conditions
5.1.1. If we discover a Latent Condition during the Shower Renovation Works which requires additional work, materials or services to complete the Scope in accordance with applicable Building Laws, we may suspend the affected works pending resolution of that condition under this clause.
5.1.2. Latent Conditions may include concealed water damage, timber decay, defective framing or substrates, concealed plumbing or drainage defects, or other pre-existing conditions which meet the definition of Latent Condition in clause 2.
5.2. Notice and additional work
5.2.1. We will notify you in writing of the Latent Condition as soon as reasonably practicable after its discovery, identifying:
5.2.1.1. the condition discovered;
5.2.1.2. how the condition affects performance of the Scope;
5.2.1.3. any additional work required to address the condition; and
5.2.1.4. the proposed adjustment to the Fees and completion timeframe, including where the amount or duration cannot yet be determined.
5.2.2. Any additional work, adjustment to the Fees or change to the Scope arising from a Latent Condition must be agreed in accordance with clause 6, subject to applicable law.
5.3. Suspension and resumption
5.3.1. Where we suspend work under clause 5.1.1, we may continue performing any other part of the Scope which can be completed without being affected by the Latent Condition.
5.3.2. We are not required to commence additional work to address a Latent Condition unless that work has been authorised in accordance with clause 6.
5.3.3. We will resume the affected works in accordance with clause 15.4 once any necessary variation has been agreed under clause 6 and all other requirements for resumption have been satisfied.
5.4. Failure to agree
5.4.1. If the parties do not agree to the additional work or variation required to address a Latent Condition, we may continue to suspend the affected works while the parties seek to resolve the matter.
5.4.2. If a Latent Condition prevents completion of the Shower Renovation Works in accordance with applicable Building Laws and the parties cannot agree on the necessary additional work, either party may terminate the Agreement under clause 22.
6. Variations
6.1. Changes to the Scope
6.1.1. Either party may request a change to the Scope, including a change to the materials, fixtures, fittings, specifications or manner in which the Shower Renovation Works are to be performed.
6.1.2. Neither party is required to agree to a requested change, except to the extent required by applicable law.
6.1.3. A request to change the Scope does not alter the Agreement unless the parties agree to a variation in accordance with clause 6.2.
6.2. Variation process
6.2.1. If we agree to undertake a requested change, or propose a change to the Scope, we will provide you with a written variation proposal specifying:
6.2.1.1. the proposed change to the Scope;
6.2.1.2. the proposed adjustment to the Fees, including the basis on which any amount not yet known will be determined; and
6.2.1.3. any proposed adjustment to the time for completion, or an explanation of why that adjustment cannot yet be determined.
6.2.2. You may accept a variation proposal by confirming your acceptance in writing, including by email or text message, subject to any requirements imposed by applicable law.
6.2.3. A variation takes effect when you accept our written variation proposal in accordance with clause 6.2.2.
6.2.4. Once a variation takes effect:
6.2.4.1. the Scope is amended to include the agreed change;
6.2.4.2. the Fees are adjusted in accordance with the variation; and
6.2.4.3. the time for completion is adjusted in accordance with the variation and clause 15.
6.2.5. Subject to applicable law, we are not required to commence work under a variation unless it has taken effect in accordance with clause 6.2.3.
7. Permits, compliance and licensed trades
7.1. Compliance with Building Laws
7.1.1. We will perform the Shower Renovation Works in accordance with applicable Building Laws, including the requirements governing waterproofing, plumbing, electrical work and other regulated building work.
7.1.2. We are not required to perform any work in a manner that would contravene applicable Building Laws, including where a Latent Condition or other condition at the Property prevents compliant performance of the Scope.
7.2. Permits and approvals
7.2.1. We will obtain any permits, licences, certificates or approvals which applicable Building Laws require us or our subcontractors to hold or obtain in connection with performing the Shower Renovation Works.
7.2.2. Unless expressly included in the Scope, the Fees do not include the cost of obtaining building or planning permits, engineering reports, building surveying services, owners corporation approvals or other approvals relating to the Property.
7.2.3. Where any permit, approval or professional service referred to in clause 7.2.2 is required for the Shower Renovation Works:
7.2.3.1. we will notify you of the requirement;
7.2.3.2. you must obtain the relevant permit or approval, or arrange the relevant professional service, unless applicable law requires us to do so; and
7.2.3.3. you must pay the reasonable costs of obtaining the permit or approval, or arranging the professional service, including any fees charged by the relevant authority or service provider and any costs reasonably incurred by us in obtaining or arranging it, to the extent those costs are not included in the Fees.
7.2.4. We may suspend the affected Shower Renovation Works until any permit, approval or professional service required under clause 7.2.3 has been obtained or completed.
7.3. Subcontractors
7.3.1. We may engage subcontractors to perform any part of the Shower Renovation Works without requiring your approval.
7.3.2. We will ensure that any subcontractor engaged to perform regulated work holds the licences, registrations and qualifications required by applicable law for that work.
7.3.3. We remain responsible to you for the performance of the Shower Renovation Works in accordance with the Agreement, including work performed by our subcontractors.
7.4. Certificates and documentation
7.4.1. We will provide you with any certificates of compliance or other documentation which applicable law requires to be provided to the owner in connection with the Shower Renovation Works.
7.4.2. Where a certificate is required to be issued by a licensed or registered subcontractor, we will arrange for that subcontractor to issue the certificate and provide it to you.
7.4.3. Any manufacturer's warranty or warranty issued by a subcontractor is additional to, and does not replace or limit, our obligations under the Agreement, including the workmanship warranty in clause 18.
7.5. Mandatory domestic building requirements
7.5.1. If the Domestic Building Contracts Act 1995 (Vic) or any other applicable Building Laws impose mandatory requirements in relation to the Shower Renovation Works, those requirements prevail over any inconsistent provision of the Agreement.
7.5.2. Where applicable Building Laws require a prescribed contract, information or notices, a cooling-off period, practitioner registration, Home Warranty or other prescribed insurance, or any other statutory prerequisite to entering into or performing the Agreement, we must comply with those requirements at the time and in the manner required by law.
7.5.3. Any deposit, progress payment or other amount payable under the Agreement is subject to applicable statutory restrictions on the amount and timing of payment. We must not require or accept payment contrary to those restrictions.
7.5.4. Where applicable Building Laws prescribe requirements for variations or extensions of time, including requirements concerning notices, signatures, consent, adjustments to the Fees or completion date, or commencement of varied work, those requirements must be satisfied. Clauses 6 and 15 apply subject to those requirements.
7.5.5. We must not commence any Shower Renovation Works for which applicable Building Laws require insurance, registration, approval or another statutory prerequisite unless that prerequisite has been satisfied.
8. Customer Responsibilities and Site Access
8.1. Access and site preparation
8.1.1. You must:
8.1.1.1. provide us and our subcontractors with access to the Property and the work area at the times agreed or notified for performing the Shower Renovation Works;
8.1.1.2. before commencement, remove personal belongings, furniture and other items which may obstruct the Shower Renovation Works from the work area;
8.1.1.3. provide water and electricity reasonably required to perform the Shower Renovation Works, at no cost to us;
8.1.1.4. before commencement, disclose any known leaks, water damage, structural defects, concealed services, hazardous materials or other conditions at the Property which may affect the Shower Renovation Works;
8.1.1.5. before commencement, notify us of any access restrictions, parking requirements, owners corporation rules or other requirements affecting the performance of the Shower Renovation Works; and
8.1.1.6. prevent children, pets and other occupants from entering the work area while the Shower Renovation Works are being performed.
8.1.2. You must not interfere with the Shower Renovation Works or direct our employees or subcontractors to change the Scope. Any requested change to the Scope must be submitted to us and dealt with in accordance with clause 6.
8.2. Failure to provide access or comply with site requirements
8.2.1. If your failure to comply with clause 8.1 prevents or delays performance of the Shower Renovation Works, we may suspend the affected works until the relevant requirement has been satisfied.
8.2.2. You must pay the reasonable additional costs we incur as a direct result of that failure, including additional attendance, labour, subcontractor standby and rescheduling costs, to the extent those costs are not already included in the Fees.
8.2.3. Any resulting delay to completion will be dealt with in accordance with clause 15.
8.3. Cancellation and rescheduling
8.3.1. You must give us at least two Business Days' notice if you wish to cancel or reschedule an agreed commencement date or scheduled attendance.
8.3.2. If you cancel or reschedule an agreed commencement date or scheduled attendance without giving the notice required under clause 8.3.1, you must pay a cancellation fee of $295 (including/excluding GST), except where the cancellation or rescheduling results from our breach of the Agreement.
8.3.3. The cancellation fee is intended to compensate us for the scheduling, administration and lost attendance capacity associated with a late cancellation or rescheduling.
8.3.4. Only one cancellation fee may be charged for the same cancellation or rescheduling event, notwithstanding any equivalent provision in the existing Terms.
8.4. Protection of the Property
8.4.1. Before commencement, you must remove or protect personal belongings and other items in areas which we have identified as requiring protection from dust, vibration or other effects of the Shower Renovation Works.
8.4.2. We will take reasonable precautions to prevent damage to the Property and its contents when performing the Shower Renovation Works.
8.4.3. To the extent permitted by law, we are not liable for loss or damage caused by your failure to comply with clause 8.4.1, except to the extent the loss or damage was caused or contributed to by our breach of the Agreement or failure to exercise due care and skill.
9. Demolition and Associated Disturbance
9.1. Demolition and removal works generate dust, noise and vibration. We will take reasonable precautions to contain dust and protect adjoining areas, but do not guarantee that adjoining rooms, wardrobes, ventilation systems or furnishings will remain dust-free.
9.2. Unless expressly included in the Scope, the Shower Renovation Works do not include repairing, replacing, repainting or otherwise making good surfaces, finishes or fixtures outside the work area identified in the Quote, including any cracking, chipping or deterioration of existing plaster, paintwork, tiles or adjoining finishes revealed or affected during demolition.
9.3. To the extent permitted by law, we are not liable for paint lifting or plaster damage caused by temporary protective materials, hairline cracking in adjoining finishes caused by demolition vibration, dust entering adjoining areas, damage to items you were required to remove or protect under clause 8, or pre-existing damage or deterioration, except to the extent caused or contributed to by our breach of the Agreement or failure to exercise due care and skill.
9.4. Unless expressly included in the Scope, we are not required to match, and do not guarantee that, new tiles, grout, materials, fixtures or finishes will match existing materials, fixtures or finishes at the Property in colour, shade, texture, pattern or appearance.
10. Hazardous materials
10.1. Unless expressly included in the Scope, the Shower Renovation Works do not include testing for, assessing, removing or disposing of asbestos, mould or other hazardous materials.
10.2. If we discover or reasonably suspect hazardous materials, including asbestos-containing sheeting, backing board, vinyl, adhesives or other materials, we may immediately suspend the affected works. We will notify you as soon as reasonably practicable.
10.3. You must, at your cost, arrange any testing, assessment, removal, treatment or disposal required for the Shower Renovation Works to proceed safely, using appropriately licensed or qualified persons where required by law.
10.4. We are not required to disturb suspected hazardous materials or resume the affected works until the hazard has been addressed and any legally required clearance documentation has been provided to us.
10.5. Any additional work you request us to undertake must be agreed in accordance with clause 6. Any resulting delay will be dealt with under clause 15.
11. Waterproofing
11.1. Where the Scope includes installation of a waterproofing system, we will use a system suitable for domestic wet areas and install it in accordance with the manufacturer's instructions and applicable Building Laws, including the National Construction Code and AS 3740.
11.2. The waterproofing system will include the treatment of junctions, penetrations, niches, bond breakers and other details required for the compliant installation of that system.
11.3. Where included in the Scope, we will undertake water testing before tiling, where practicable. A successful water test does not constitute a warranty against subsequent water ingress caused by building movement, blocked drains, plumbing defects or other conditions outside the waterproofing system we install.
11.4. Unless expressly included in the Scope, we are not required to inspect, repair or replace an existing waterproofing membrane that remains in place. We do not warrant the condition or performance of any such membrane.
11.5. Silicone sealant is not a substitute for a waterproofing membrane and requires periodic inspection and replacement. You are responsible for maintaining silicone sealant following completion in accordance with clause 19.
11.6. If an existing building condition prevents compliant installation of the waterproofing system without additional work outside the Scope, we may suspend the affected works and deal with the required additional work in accordance with clauses 5 and 6.
12. Tiling, Falls, Wastes and Appearance
12.1. We will perform the tiling works in accordance with the Scope and applicable Building Laws, including requirements relating to falls and drainage.
12.2. Existing waste positions, slab levels, wall alignment and other structural conditions may affect tile layout and the falls achievable without additional work. Where those conditions prevent compliant performance of the Scope, the required additional work will be dealt with under clauses 5 and 6.
12.3. You acknowledge that minor variations in tile shade, colour, texture, dimensions, lippage and grout colour may occur due to manufacturing tolerances, batch differences, material characteristics and installation conditions. Such variations do not constitute defects where the materials and workmanship comply with the agreed specifications and applicable standards.
12.4. Unless expressly specified in the Quote, we do not guarantee a centred or symmetrical tile layout around niches, windows, curved walls or existing walls that are not plumb.
12.5. Where you supply tiles or other materials, you are responsible for ensuring they are suitable for the intended application, free from defects and supplied in sufficient quantities, including allowance for cutting and wastage. We are not liable for defects or delays caused by unsuitable, defective or insufficient customer-supplied materials, except to the extent caused or contributed to by our breach of the Agreement.
12.6. Unless expressly included in the Scope, we are not required to match new tiles, grout, materials, fixtures or finishes with existing materials, fixtures or finishes at the Property, and do not guarantee any match in colour, shade, texture, pattern or appearance.
13. Plumbing, electrical and concealed services
13.1. Unless expressly included in the Scope, the Shower Renovation Works do not include the repair, replacement or upgrading of existing plumbing, drainage, electrical installations or fittings, including mixers, spouts, wastes, traps and electrical fixtures.
13.2. We do not warrant the condition or ongoing performance of existing plumbing or electrical components retained or reused during the Shower Renovation Works, except to the extent that any defect or failure is caused by our workmanship.
13.3. To the extent permitted by law, we are not liable for damage to:
13.3.1. concealed pipes or cables installed within shower floors, bedding or walls without the location or protection required by applicable standards; or
13.3.2. existing underfloor heating systems within or beneath the shower tray, screed or bathroom floor, where the damage occurs during demolition, drilling or other work reasonably necessary to perform the Scope and is not caused by our failure to exercise due care and skill.
13.4. Unless expressly included in the Scope, we are not responsible for investigating or rectifying leaks originating from plumbing, drainage, roofs, balconies or other areas outside the rebuilt shower enclosure.
13.5. If additional plumbing or electrical work outside the Scope is required to complete the Shower Renovation Works in accordance with applicable Building Laws, we may suspend the affected works and propose a variation under clause 6. Any such additional work undertaken by us must be performed by appropriately licensed persons engaged by us.
14. Shower Screens, Glass and Hardware
14.1. Removal, refitting, supply or installation of a shower screen is included in the Shower Renovation Works only where expressly specified in the Scope.
14.2. If an existing shower screen cannot reasonably be refitted following renovation due to changes in dimensions, alignment or the condition of its components, any modification or replacement required outside the Scope must be agreed in accordance with clause 6.
14.3. New shower screens will be measured after completion of the relevant tiling works. Delivery and installation are subject to supplier manufacturing and delivery lead times, with any resulting delays dealt with under clause 15.
15. Time, Sequence and Delays
15.1. Any commencement date, completion date or duration stated in the Quote is an estimate unless expressly agreed in writing as a fixed date. The Shower Renovation Works may be performed over non-consecutive days to accommodate trade scheduling, material delivery, drying and curing requirements.
15.2. We are entitled to a reasonable extension of time to complete the Shower Renovation Works to the extent completion is delayed by:
15.2.1. a Latent Condition or an agreed variation;
15.2.2. adverse weather, drying or curing requirements;
15.2.3. delays in the supply or delivery of materials, fixtures or equipment;
15.2.4. delays involving subcontractors or other trades not caused by our breach of the Agreement;
15.2.5. your failure to provide access, make selections, obtain approvals or comply with your other obligations under the Agreement; or
15.2.6. any other event beyond our reasonable control.
15.3. We are not liable for delay, or any loss or expense arising from delay, to the extent caused by a circumstance described in clause 15.2 and not caused or contributed to by our breach of the Agreement.
15.4. If the Shower Renovation Works are delayed or suspended for a reason described in clause 15.2, we may reallocate personnel and subcontractors to other projects and reschedule the affected works. We are not required to retain personnel, equipment or subcontractors on standby or immediately recommence the works when the cause of delay ends. We will resume the affected works within a reasonable time, having regard to our existing commitments and the availability of personnel and materials.
15.5. We will notify you of any material delay and any revised commencement or completion arrangements as soon as reasonably practicable.
15.6. Where a delay results from your act or omission or failure to comply with the Agreement, you must pay the reasonable additional costs directly incurred by us, including standby, storage, cancellation, rescheduling and remobilisation costs, without duplication of amounts recoverable under another provision of the Agreement.
15.7. An extension of time under this clause does not, of itself, vary the Scope or Fees. Any additional work or adjustment to the Fees must be dealt with under the applicable provisions of the Agreement.
16. Fees and Payment
16.1. You must pay the Fees in accordance with the payment schedule specified in the Quote, which may require:
16.1.1. a booking deposit payable upon acceptance of the Quote;
16.1.2. payment for materials before or upon their delivery; and
16.1.3. progress payments upon completion of specified stages of the Shower Renovation Works, with the balance payable upon Completion.
16.2. Unless the Quote specifies otherwise, invoices are payable within 7 days of issue.
16.3. If you fail to pay an amount when due, we may give you written notice identifying the overdue amount and requiring payment within 2 Business Days. If the amount remains unpaid after that period, we may suspend the Shower Renovation Works until payment is received. Any resulting delay will be dealt with under clause 15.
16.4. Overdue amounts accrue interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic), calculated daily from the due date until payment. You must reimburse us for reasonable costs incurred in recovering overdue amounts, to the extent permitted by law.
16.5. Title to goods supplied by us remains with us until payment in full for those goods, to the extent that title can lawfully be retained. This clause does not confer any right to remove goods incorporated into the Property.
17. Completion, Defects and Use of the Shower
17.1. Completion
17.1.1. When the Shower Renovation Works reach Completion, we will notify you in writing and provide instructions concerning applicable curing periods and when the shower may be used.
17.1.2. Minor defects or omissions which do not prevent Completion do not delay the payment of amounts due upon Completion. We remain responsible for rectifying defects in accordance with the Agreement and applicable law.
17.2. Notification and Rectification of Defects
17.2.1. You must notify us in writing of any alleged defect as soon as reasonably practicable after becoming aware of it, describing the nature and location of the defect.
17.2.2. You must provide us with reasonable access and an opportunity to inspect and rectify any defect for which we are responsible before engaging another contractor to undertake rectification, except where immediate action is reasonably necessary to prevent injury or further property damage.
17.3. Curing and Use
17.3.1. The following indicative curing and use periods apply unless otherwise specified in our completion instructions or the relevant manufacturer's requirements:
New waterproofing (before tiling)
Per product data sheet
Not to be used
New tiling + grout (as quoted)
48 hours (typical)
As stated on completion note
Epoxy grout (if used as part of renovation)
48 hours
24–48 hours unless noted
Silicone
24 hours
24 hours unless noted
17.3.2. You must comply with the applicable curing and use instructions, including restrictions on shower use, water exposure, cleaning products and work by other trades. Where the instructions specify different periods from those in the table, the instructions prevail.
17.3.3. You must not use the shower or permit other persons to interfere with newly installed waterproofing, tiling, grout or silicone before the applicable curing period has expired.
17.3.4. To the extent permitted by law, if you fail to comply with any curing or use instructions or restrictions under this clause 17.3:
17.3.4.1. the Workmanship Warranty under clause 18 will not apply to any defect or damage caused or contributed to by that failure, to the extent of that contribution; and
17.3.4.2. we are not liable for the cost of rectifying that defect or damage, or for any resulting loss, to the extent caused or contributed to by that failure.
17.3.5. Nothing in clause 17.3.4 excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.
18.1. Workmanship Warranty
18.1.1. We warrant that, for a period of ten (10) years from Completion, the waterproofing and tiling work performed by us or our subcontractors as part of the Shower Renovation Works will be free from defects arising from a failure to carry out that work:
18.1.1.1. with due care and skill;
18.1.1.2. in accordance with applicable Building Laws; or
18.1.1.3. in accordance with the applicable manufacturer's installation instructions, (Workmanship Warranty).
18.1.2. If a defect covered by the Workmanship Warranty becomes apparent during that period, we will, at our cost, rectify the defective work within a reasonable time after receiving notice of the defect and being given reasonable access to inspect and perform the rectification.
18.2. Product Warranties
18.2.1. Manufactured products supplied as part of the Shower Renovation Works, including membranes, tiles, tapware, fixtures and shower screens, may also be covered by applicable manufacturer's warranties.
18.2.2. We will provide you with any manufacturer's warranty documentation supplied to us and the benefit of any transferable manufacturer's warranty.
18.3. Exclusions
18.3.1. To the extent permitted by law, the Workmanship Warranty does not cover defects, deterioration or damage caused by:
18.3.1.1. fair wear and tear, ordinary ageing, staining or inadequate cleaning or maintenance;
18.3.1.2. inadequate ventilation, condensation, mould or mildew;
18.3.1.3. deterioration of silicone or other materials requiring periodic maintenance or replacement;
18.3.1.4. building movement, foundation settlement, framing shrinkage or thermal expansion;
18.3.1.5. blocked, damaged or inadequate plumbing, wastes, traps or drainage outside the work performed by us;
18.3.1.6. water ingress originating outside the waterproofing system installed by us;
18.3.1.7. impact, misuse, excessive loading, abrasive cleaning products, harsh chemicals or unauthorised alterations;
18.3.1.8. work performed or interference by persons not engaged by us;
18.3.1.9. defects in customer-supplied materials or existing components retained or reused; or
18.3.1.10. failure to comply with the curing, use or maintenance requirements under clauses 17 and 19.
18.3.2. An exclusion under clause 18.3.1 applies only to the extent that the relevant defect, deterioration or damage was caused or contributed to by the excluded circumstance, and not to the extent caused by defective workmanship for which we are responsible.
18.4. Warranty Claims
18.4.1. The Workmanship Warranty is provided by:
QOC Trading Pty Ltd trading as Save N Seal (ACN 666 346 023)
Business address: 25/46 Graingers Rd, West Footscray, 3012, VIC
Telephone: 1300 479 200
Email: infosavenseal@gmail.com
18.4.2. To make a claim under the Workmanship Warranty, you must notify us in writing at the email or business address specified in clause 18.4.1. Your notice must describe the alleged defect and include your invoice number and any reasonably available photographs.
18.4.3. We will assess the claim within a reasonable time and, where the defect is covered by the Workmanship Warranty, arrange rectification in accordance with clause 18.1.2.
18.4.4. You are responsible for any expenses you incur in making a claim under the Workmanship Warranty, except to the extent that we are required by applicable law to bear or reimburse those expenses.
18.5. Statutory Rights
18.5.1. The benefits provided by the Workmanship Warranty are additional to, and do not exclude, restrict or modify, any rights or remedies you have under the Australian Consumer Law, the Domestic Building Contracts Act 1995 (Vic) or other applicable law.
18.5.2. Nothing in this clause limits our liability for defective work or goods to the extent that liability cannot lawfully be excluded or limited.
18.5.3. Australian Consumer Law — prescribed consumer guarantee statement
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
19. Aftercare and Ongoing Maintenance
19.1. Following Completion, you are responsible for the ordinary cleaning and maintenance of the renovated shower and must:
19.1.1. maintain adequate ventilation during and after showering, including by operating an exhaust fan or opening available ventilation;
19.1.2. regularly clean shower surfaces and, where practicable, remove excess water from glass and tiled surfaces;
19.1.3. use cleaning products suitable for the installed materials and avoid abrasive cleaners, harsh chemicals and cleaning methods contrary to our instructions or the manufacturer's recommendations;
19.1.4. regularly inspect and clear wastes and drains of hair, soap residue and other obstructions; and
19.1.5. periodically inspect, maintain and replace silicone sealants as required by their condition and service life.
19.2. You must comply with any additional cleaning, use and maintenance instructions provided by us upon Completion, including applicable manufacturer's instructions supplied to you.
20. Photographs
20.1. We may take photographs and videos of the Shower Renovation Works before, during and after performance for record-keeping, quality assurance, training and the assessment of defects or warranty claims.
20.2. Unless you notify us in writing before publication that you do not consent, we may use photographs and videos of the Shower Renovation Works for advertising, marketing, social media and promotional purposes, provided that the material does not identify you, any occupant or the Property.
20.3. We must not publish any photograph, video or information identifying you, any occupant or the Property without the prior express consent of the person concerned.
20.4. You may withdraw your consent to the use of photographs and videos for marketing purposes at any time by written notice. Upon receiving that notice, we must:
20.4.1. cease using the photographs and videos for marketing purposes; and
20.4.2. within 10 Business Days, remove any previously published photographs and videos from our website and social media accounts under our control.
21. Limitation of Liability
21.1. Subject to clause 21.3 and to the extent permitted by law, we are not liable for any indirect or consequential loss arising out of or in connection with the Shower Renovation Works, including loss of profit, loss of rent, loss of use, alternative accommodation costs or loss of business opportunity.
21.2. Subject to clause 21.3 and to the extent permitted by law, our aggregate liability arising out of or in connection with the Shower Renovation Works, whether in contract, tort (including negligence), under an indemnity or otherwise, is limited to the total Fees paid or payable under the Agreement.
21.3. Clauses 21.1 and 21.2 do not apply to:
21.3.1. liability for physical damage to the Property or other property to the extent caused by our failure to exercise due care and skill in performing the Shower Renovation Works;
21.3.2. our obligation to rectify defective work under the Workmanship Warranty in clause 18; or
21.3.3. any consumer guarantee, statutory warranty or other right or remedy that cannot lawfully be excluded, restricted or modified.
21.4. We are not responsible for pre-existing defects, deterioration or water damage outside the Scope, except to the extent caused by our breach of the Agreement or failure to exercise due care and skill.
22. Termination
22.1. Termination for breach
Either party may terminate the Agreement by written notice if the other party:
22.1.1. breaches the Agreement and fails to remedy that breach within 14 days after receiving written notice specifying the breach and requiring it to be remedied; or
22.1.2. repudiates the Agreement.
22.2. Termination due to an unresolved impediment
Either party may terminate the Agreement by written notice if:
22.2.1. a variation necessary to complete the Shower Renovation Works cannot be agreed within 10 Business Days after we provide a variation proposal under clause 6; or
22.2.2. a material part of the Shower Renovation Works cannot proceed for more than 20 Business Days because a necessary approval, remedial work or other requirement remains outstanding.
22.3. Cancellation by you
You may terminate the Agreement at any time by providing written notice.
22.4. Payment on termination
22.4.1. If the Agreement is terminated under clause 22.2, other than due to our breach, or under clause 22.3, other than due to our breach or the exercise of a statutory termination right, you must pay us for:
22.4.1.1. the reasonable value of the Shower Renovation Works performed up to termination, calculated by reference to the agreed Fees and the proportion of the Scope completed, including the applicable margin;
22.4.1.2. the reasonable costs of materials, fixtures, fittings and subcontractor services committed to the Shower Renovation Works before termination, to the extent not already included in paragraph 22.4.1.1; and
22.4.1.3. reasonable costs incurred in securing and clearing the work area and demobilising following termination.
22.4.2. Amounts payable under clause 22.4.1 must be reduced by costs avoided as a result of termination and amounts recovered or reasonably recoverable in respect of materials, services or other commitments.
22.4.3. If we terminate under clause 22.1 due to your breach or repudiation:
22.4.3.1. you must pay the amounts determined using the calculation in clauses 22.4.1 and 22.4.2, as if the termination were under clause 22.2; and
22.4.3.2. we may recover any loss or expense arising from your breach to the extent recoverable under the Agreement or applicable law, without double recovery.
22.5. Condition of the Property
Upon termination, we must leave the work area in a reasonably safe condition but are not required to complete the Shower Renovation Works or restore the Property to its condition before commencement, except to the extent required by law.
22.6. Final account
Following termination, we must provide you with a final account setting out the amounts payable under the Agreement and all payments received. We must refund any surplus, and you must pay any outstanding balance within 7 days after receiving the final account, subject to any applicable rights of set-off.
22.7. Effect of termination
22.7.1. Termination does not affect any accrued rights or liabilities of either party or any provision intended to survive termination.
22.7.2. Nothing in this clause excludes, restricts or modifies any statutory right of termination or any mandatory requirement governing termination or its financial consequences.
