Terms & Conditions

Quotes are valid for 14 days.  

You may engage us to perform Services by:

• accepting a Quote; or
• directing us to perform the relevant Services following your receipt of a Quote (in which case the Quote is taken to be accepted).

Following your engagement of us, the parties will cooperate in good faith to agree on the day(s) on which our personnel are to attend the Property in order to carry out the Services (Appointment).  An upcoming Appointment can be cancelled and rescheduled by you no more than once.  

You must give us at least 2 business days’ notice of your cancellation and proposed rescheduling of an Appointment.  If you fail to provide such notice, we may charge you a cancellation fee of $295 inclusive of GST, in our sole discretion and regardless of the reason for cancellation (unless the reason for cancellation is due to the first three paragraphs of the definition of Force Majeure Event).  

Should our personnel attend your Property for a scheduled appointment and are not able to be let into the Property or are otherwise prevented from commencing the performance of the Services due to the condition of the Property, within 15 minutes of their arrival at your Property, the cancellation fee will be deemed to apply.

You agree this is a reasonable pre-estimate of our loss resulting from a late cancellation and rescheduling (or deemed cancellation and rescheduling) of an appointment.

Where we perform Services for you in relation to an agreed Quote (or otherwise carry out caulking services for you at any other time), such engagements will constitute an Agreement which incorporates these terms and conditions.  To the extent permitted by law, all terms, conditions and warranties which are implied by the operation of legislation (other than the ACL) are excluded from this Agreement.

Standard of Services

We agree to perform the Services to a good standard and otherwise in accordance with all applicable laws.  

You acknowledge and agree, and accept the risk of, the following:

• Slight damage to, or chipping of, tiles which occurs pursuant to the performance of the Services.
• A small amount of grout residue / haze being left on tiles.  This is difficult to remove, and removal is generally not recommended given that it may create machining marks on the affected tiles.
• Movement of the structure and/or foundations of your residence which can separate tiles and crack grout.

Our Services are in the form of maintenance services only.  We do not guarantee our Services will rectify or remedy any pre-existing issues or defects relating to water, water flow or water ingress at your Property, including but limited to, issues or defects with the plumbing, the design of the water delivery or water drainage systems, membranes or any other materials or systems relating to water management at the Property.

A party may, acting reasonably, make a request to vary the Scope of Services yet to be performed.  If we request to change the Scope, we will also use reasonable endeavours to outline the change in Fees, if relevant.

The other party will, acting reasonably and within a reasonable time:

• ascertain whether it can accommodate the requested variation; and
• advise the party making the request whether the requested variation and any associated change in Fees is accepted or rejected.

An agreed variation to the Scope and Fees (if applicable) will take effect on and from the date of agreement.

We may require you to pay a deposit or a call out Fee prior to commencing performance of the Services.  We may deduct any Fees due from the deposit we hold.

You must pay us the Fees attributable to the Services we perform for you.  The Fees will be calculated in accordance with the method set out in the Quote, as notified to you following the date of the Quote and/or as otherwise calculated on a reasonable basis having regard to the fair value of the goods and services supplied. The Fees may be fixed, calculated pursuant to hourly rate(s) and may be subject to certain conditions as set out in the Quote.  For Fees calculated pursuant to an hourly rate, the Fees charged will be calculated in 15 minute units (rounding to the nearest 15 minute increment).

We may, acting reasonably, increase the Fees should we encounter any latent conditions at the Property which could not be reasonably ascertained prior to commencing performance of the Services.  We will provide oral or written notice of the relevant latent conditions and an outline of the expected increase in Fees within a reasonable time after discovering such conditions.

We may invoice you for the Services performed (and the associated Fees) upon completion of the Services, upon (or following) termination of this Agreement and/or at weekly intervals, in respect of Services we have performed up to and including the date of the invoice.  We may also invoice you for any expenses we incur on your behalf.  Invoices are payable within 7 days following the invoice date. 

If you do not pay an amount due under this Agreement on time, you must pay to us interest on the overdue amount until that amount is paid (with interest accruing on a daily basis), at the rate set from time to time under section 2 of the Penalty Interest Rates Act 1983 (Vic).

Should we be required to take any action to recover unpaid amounts owing under this Agreement, you agree to indemnify us in relation to our reasonable debt collection and legal costs on a solicitor/client basis.

You agree to: 

• ensure, so far as is reasonably practicable, that the Property is safe and free from risks to health and safety;
• prior to our access to your Property, inform us in writing of any material risks to the health and safety of any our staff members; and
• promptly inform us in writing of any new or materially increased risk to the health or safety of any of our staff members.

The consideration for any supply made under or in connection with this Agreement does not include an amount for GST, unless it is expressly stated to be inclusive of GST.

If GST is or becomes payable on any supply made under or in connection with this Agreement (not being a supply for which the consideration is expressly stated in this Agreement to be inclusive of GST), the party required to provide the consideration for the supply must pay, in addition to and at the same time as the consideration is provided, an amount equal to the amount of GST on the supply.

If our performance of the Services is impacted by a Force Majeure Event, we are not liable (to the extent permitted by the ACL) for any failure or delay in performing any impacted Services, to the extent the failure or delay is caused by the Force Majeure Event.

Subject to the other paragraphs of this clause and to the extent permitted by the ACL and all other applicable laws, our liability to you under, or in connection with, this Agreement (including in relation to negligent acts or omissions) is limited to:

To the extent the liability relates to services:

• the cost of having the services supplied again; or
• the supplying of the services again,

at our sole election.

To the extent the liability relates to goods:

• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired,

at our sole election.

The limits on, and exclusions of, liability in this clause do not apply in relation to:

• the personal injury (which includes illness) or death of any person; and
• our liability in connection with grossly negligent or fraudulent acts or omissions.

We may terminate this Agreement by notice in writing to you if:

• you breach this Agreement and the breach is not remedied within 14 days of us notifying you of the breach in writing; or
• you repudiate this Agreement.

You may terminate this Agreement by notice in writing to us if:

• we breach this Agreement and the breach is not remedied within 14 days of you notifying us of the breach in writing; or
• we repudiate this Agreement.

The termination of this Agreement does not terminate any rights or obligations under this Agreement that by their nature are intended to survive termination, including those under clauses dealing with fees, invoicing, privacy, GST, liability, retention of title and overdue amounts.

By engaging us, you consent to our collection, use and disclosure of your personal information in accordance with our privacy policy located on our website.

We may subcontract the performance of the Services, however we will remain responsible for them.

To the extent of any inconsistency, these terms and conditions will prevail over the terms and conditions of a Quote or any other agreed terms and conditions forming part of this Agreement.

If any provision of this Agreement is void, voidable by a party, unenforceable or illegal it is to be read down so as to be valid and enforceable or, if it cannot be read down, the provision is or, where possible, the offending words are to be severed from this Agreement without affecting the validity or enforceability of the remaining provisions (or parts of those provisions) of this Agreement.

In this Agreement, unless the context requires otherwise:

Agreement means a caulking services agreement between you and us, providing for the performance of Services, comprising of these terms and conditions and the terms and conditions contained in a relevant Quote.

ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Fees mean the fees payable by you to us as consideration for our performance of the Services and the materials and/or goods we supply you, or any other fee specified in this Agreement.

Force Majeure Event means any act, event or cause, affecting us that is outside our reasonable control, including:

• war, acts or threats of terrorism, riots, revolutions, civil war, acts or threats of sabotage, national emergency (whether in fact or law), imposition of martial law, government requisition or any unlawful act against public order or authority;
• adverse weather conditions, acts of God and destruction by natural disasters including landslides, earthquakes, tsunamis, fires, storms, cyclones and floods;
• epidemics (including COVID-19), pandemics (including COVID-19), quarantines, radiation and radioactive contamination;
• boycotts, strikes and other labour availability difficulties, involving employees, contractors or agents of third parties; and
• delays caused by transport or traffic issues.

Property means land, a building or premises where Services are to be performed by us pursuant to an accepted Quote.

Quote means a written and/or oral quote or proposal to perform Services.  A Quote may contain particulars relating to the Scope and/or Fees.  

Services mean caulking services, and includes goods we supply to you pursuant to the performance of the Services, in accordance with a Quote and/or as otherwise agreed.

Scope means the particulars of the Services to be performed by us under this Agreement, as set out in an agreed Quote as may be varied by time to time or as otherwise agreed from time to time.

We, we, Us, us, Our and our means QOC Trading Pty Ltd (ACN 666 346 023) trading as Save N Seal (ABN 33 666 346 023).

You or you means the person or entity procuring the Services from us.