Damages Policy
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1. Introduction
1.1. This Damage Policy ("Policy") forms an integral part of our General Terms of Trade and Asbestos Policy. By accepting our quote, you acknowledge and agree to be bound by these terms.
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1.2. This Policy governs the allocation of risk and responsibility for any damage that may occur during or as a result of our works.
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1.3. You acknowledge that insulation retrofitting and installation works are inherently invasive that carry inherent risks due to the nature of accessing and working within existing structures.
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1.4. While we maintain compliance with the Competition and Consumer Act 2010 (CCA) and applicable consumer guarantees, you acknowledge that many forms of damage may occur due to pre-existing conditions, latent defects, or circumstances beyond our reasonable control.
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1.5. Any disputes arising under this Policy shall be subject to the Dispute Resolution procedure outlined in our General Terms of Trade, which you agree shall be a mandatory prerequisite to any legal claims.
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2. Notification and Assessment of Damages
2.1. You must notify us in writing of any alleged damage within five days of its discovery. While prompt notification helps ensure efficient resolution, failure to notify within this timeframe will be considered in assessing any claim.
2.2. You must provide us with:
a) Reasonable access to inspect alleged damages;
b) Photographic evidence;
c) Any relevant pre-existing condition documentation.
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2.3. We retain sole discretion to determine:
a) Whether damage is attributable to our works;
b) The appropriate method of rectification;
c) Selection of contractors for any repairs.
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3. Limitations and Exclusions of Liability
3.1. Our liability is strictly limited to damage directly caused by our negligence in performing the works.
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3.2. We expressly exclude liability of damages caused by:
a) Any pre-existing conditions, whether visible or latent;
b) General wear and tear;
c) Natural deterioration;
d) Structural weaknesses;
e) Non-compliant building elements;
f) Any damage resulting from circumstances beyond our reasonable control.
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3.3. You acknowledge that certain building elements may be inherently fragile due to age or at end-of-life, including but not limited to:
a) External gutters, roof tiles and ridge caps;
b) Ceiling materials and fixings;
c) Internal Wall fixtures and fittings;
d) Electrical, ducting and plumbing fixtures and fittings.
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3.4. You acknowledge that through our pre-inspection process, we may not identify pre-existing conditions, general wear and tear, or other factors beyond our control that could cause damage during works.
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3.5. You acknowledge that, as per clauses 3.2 and 3.3, we shall not be liable for any additional or new:
a) Ceiling sagging, cracking, or joint marking;
b) Screw or fixing failures, including popping out;
c) Cracking or breaking of roof tiles, gutters, mortar pointing, battens, or rafters;
d) Wall bowing, cracking or deformation;
e) Damage to internal fixtures including lights, ducting, cables, exhaust fans and plumbing;
f) Any consequential or economic loss.
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4. Remediation Process
4.1. Where we accept liability for damage:
a) We retain exclusive right to select repair methods and contractors;
b) You must not undertake or authorise any repairs without our written consent;
c) Any unauthorised repairs may void our liability entirely.
4.2. We may, at our discretion, consider reasonable repair costs and/or compensation based on:
a) Internal review and approval;
b) Satisfactory evidence of direct causation;
c) Consideration of property age and pre-existing conditions.
5. Standard of Works
5.1. You acknowledge that our works are performed to industry standards using the appropriate equipment and standardised training processes.
5.2. Any further claims regarding inadequate installation must be supported by an independent assessment at your cost.
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6. Warranty Limitations
6.1. Any additional warranty coverage, including our Damage Shield Warranty, is subject to separate terms and conditions and does not modify the exclusions in this Policy.
6.2. Nothing in this Policy excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law. The benefits provided by this Policy are in addition to any rights and remedies available under the Australian Consumer Law. To the extent permitted by law, our liability for breach of any warranty or term implied by law is limited to:
a) The re-supply of the services; or
b) The payment of the cost of having the services supplied again, at our discretion.