General Terms | Brisbane Insulation

GENERAL TERMS OF TRADE

1. Introduction

a. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “Your”, "Client”) and Brisbane Insulation Pty Ltd ("Company," “we," “us," or “our”). You agree that by accepting your quote, you have read, understood, and agreed to be bound by all these Terms and Conditions.

b. These general terms of trade are to be read in conjunction with our Asbestos Policy, and Damage Policy appended with these terms to your quote.

c. The following definitions apply in this agreement.

i) Scheduled Date means the date or dates specified to you on which the Work will be performed.

ii) Business Days means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in New South Wales.

iii) Goods and Materials mean any items supplied to you by us pursuant to the Quote given to you.

iv) Works means any services performed by us as set out in a Quote.

v) Quote means the document provided by us to you in relation to a statement of the Work to be performed and the Goods to be acquired, including, quantity levels, proposed delivery dates, Payment Terms and any alternative options or add-on Goods or Services available to you from which it may select.

2. Payment Terms and Methods

a. A 50% deposit is required to secure the next available scheduled date for the works. The remaining 60% balance is due on the day of completion of works. A grace period of three (3) business days after the completion date will be provided before any late fees are applied, to accommodate unforeseen payment processing delays.

b. The 50% deposit is entirely refundable If you decide to cancel the works, granting you have provided notice to us via email or phone, at least 2 business days prior to the scheduled date.

c. If the invoice balance is overdue by 7 days (10 days including the grace period), the invoice will be updated with a $100 overdue account fee in accordance with Clause 8 e).

d. Payment options includes EFT, Bank Transfer, Direct Debit, Credit Card, and options for Buy Now Pay Later. Once the quote has been accepted, a confirmation email with the payment account details will be sent you.

e. We do not accept Cash or Cheque and Our Installers are not authorised to accept payment on site. Please contact our office to finalise your account.

f. Please note we takes no responsibility for any errors made on your behalf. Please double check that all bank account numbers are entered correctly before submitting any payment

3. Separate Works

a. If your works need to be scheduled on two or more different days, the full 40% deposit is still required on the total quote amount.

b. Once part 1 of your works is completed, you will be invoiced for the part 1 balance which is due on the day of its completion. Once part 2 or the final part of the works is completed, you will be invoiced for the remaining balance which is due on its day of completion.

c. Should you decide works need to be done on different dates, and your quote does not note a separate works fee, you may incur additional charges.

4. Price & Acceptance

a. The price quoted is valid for 14 days from the date of acceptance. Prices may be subject to change due to significant material cost increases or unforeseen labour cost rises. We will notify you of any price adjustments and obtain your agreement before proceeding with the scheduled work. If you do not agree with the amendment to the quote, both parties have the right to cancel.

5. Requirements on the Scheduled Date

a. You acknowledge that for the provision of works;

i) Unless set out in the quote, you are to provide at your cost scaffolding or access equipment necessary to perform the works;

ii) Your main electricity needs to be accessible and will be switched off as per law during Insulation removal/installation works, and you are to make provisions deemed necessary to protect loss or damage arising from the disconnection of power.

iii) You are to adequately cover furniture and personal belongings to protect it from dust and other debris falling inside the home.

iv) You will be available at the job at the start or during part of the works, to ensure accessibility is achievable.

v) You have read, understood and agreed to these general terms of trade, the asbestos policy, and damage policy.

6. Scheduled Date

a. The works can only be dispatched or scheduled with acceptance of this quote. The works are to commence on an agreed date and at an agreed time.

b. Late cancelations or Rescheduling the scheduled date by you may incur a fee of $350 plus GST. See clause 8 d.

c. The works may be postponed and/or cancelled due to any unforeseen reason by us such as, but not limited by, labour shortage, weather challenges, or site hazards (i.e asbestos). We have the right to reschedule on an agreed date on short notice without penalty.

7. General Installation/removal Exceptions

a. Insulation Removal - If the works require insulation removal, it automatically excludes garage, eaves, alfresco, on top of roof rafters, roof battens, patio and porch, or extension areas unless specified on your quote. It excludes the removal of all materials & debris other than insulation material or as specified on quote.

b. Insulation Install - If the works require the installation of insulation, it automatically excludes garage, eaves, alfresco, patio, porches, and any other inaccessible area unless specified on your quote.

c. Blow In Insulation - If the works require Supafil Insulation install, it automatically excludes sanding & painting drill holes unless specified on quote. It also excludes the removal or shifting of your property or furniture that may trigger a Delay Fee in accordance with clause 8 c).

8. Extra Fees & Charges

a. Fees listed below are based on reasonable costs associated with the additional work or delays caused. These fees will be clearly itemized on your final invoice for transparency.

b. One-off Asbestos Fee - $250 plus GST – see our Asbestos Policy attached to your quote for more information.

c. Delay Fee - $100 per/hr plus GST- Applicable when our staff are delayed by a third party contracted by you; or applicable when our staff are delayed due to an inaccessible or unsafe job site. Your final invoice will be updated with the delay fee.

d. Rescheduling Fee: A fee of $350 plus GST, will be charged in the following scenarios:

i) Last-Minute Cancellation: If the cancellation of scheduled work occurs less than one business day notice before the agreed date and time.

ii) Reschedule Request: When a request is made to change the previously agreed schedule date with less than one business day notice before the agreed scheduled date.

iii) Access Issues: If the job site is found to be inaccessible at the time of scheduled work, necessitating a reschedule.

iv) Preparation Deficiencies: If the condition of the job site is deemed unsuitable or not ready for the planned work to commence.

v) This fee is imposed to cover the logistical and administrative costs associated with rescheduling the work on short notice or due to unpreparedness.

vi) Overdue Account Fee - $15 plus GST - Applicable when invoice is overdue more than 2 days from the invoice date. A $15 is charged per reminder.

9. Retention of Title of Supplied Goods and Materials

a. All goods and materials remain the sole property and title of us until the final invoice is paid in full and clearance or funds by us.

b. The goods and materials described in the description of your quote, will not become your property until you pay all moneys owed to us.

c. You agree to give us the right to attempt to rescue the goods and materials deemed under the title of us, at any time after the installation date.

10. Dispute Resolution

a. Any dispute which arises between you and us (parties) in connection with this agreement (Dispute) must be dealt with in accordance with the requirements of this Clause 10, before you commence proceedings against us in respect to the Dispute.

b. The party claiming that a dispute has arisen (Complainant) must give the other party a written notice setting out a detailed explanation of the nature of the Dispute; and what action the Complainant thinks will resolve the Dispute (Dispute Notice).

c. Within 5 Business Days of the Dispute Notice being received by the other party, a nominated senior executive of each party shall make contact by either phone, email, or face to face, and must act in good faith and use best endeavours to resolve the Dispute during that meeting, or such subsequent meetings as may be reasonably required.

d. If the Dispute is not resolved within 10 days of the Dispute Notice being received by the other party, the parties must attend a privately held mediation meeting with a mediator appointed by us.

e. If the Dispute is not resolved within a further 7 days pursuant to Clause 9d then either party may commence proceedings against the other party in respect of the Dispute.

f. Nothing in Clause 10 prevents us from seeking urgent injective or similar relief from a court, collection agency, or prevents registering payment defaults with credit agencies.

11. Copyright, Social Media & Website Content

a. The entirety of content accessible via our website, social media platforms, and any direct communications—this includes texts, icons, graphics, photos, videos, and all other media types—is the exclusive property of us. This content is intended strictly for advertising and promotional activities. Please be aware that these materials, including images and videos, may have been altered or edited from their original state. As such, they should not be deemed as accurate reflections of the quality of work we deliver or the precise services we provide.

b. he content found on our website, social media, and through direct communications is subject to continuous updates, changes, or removals without prior notice. Given this fluidity, the accuracy of information, particularly regarding our services, offerings, or policies, may not always be current or perfectly reflective of our immediate operational status. Relying on this content is at your own discretion and risk, as we cannot always assure its complete accuracy or currentness. Engaging with our content signifies your understanding and agreement that We will not be accountable for any inconsistencies or inaccuracies that might emerge, acknowledging the inherent variability and potential limitations of our digital content.

12. Reviews

a. You are invited to write reviews and share your experience. By providing such reviews, you give us permission to use, reproduce, modify, and publish them in a royalty-free, irrevocable manner.

b. You agree that any reviews and comments made publicly by you which are perceived by us as derogatory, vile, false, defaming, malice or damaging, must be mediated in an appropriate manner.

13. Advice & Information

a. Any advice and information given by us to you is general advice for individual and specific conditions. We take no responsibility for any loss or damage arising from its use.

14. Warranty

a. Service Warranty: We warrant that works will be free from defects in workmanship for a period of 14 business days from delivery (Service Warranty Period). Upon the completion of any services we render, you are obligated to review the work performed. Should you identify any defects or if the service does not align with the agreed-upon specifications in the quote or general terms of trade, please notify us in writing within 14 business days of service completion. For defects that may not be immediately evident, we ask for notification as soon as the defect becomes known. Upon such notification, you will allow us to assess, inspect the reported issue(s) and determine the appropriate corrective action.

b. If the service we provide does not meet the specifications agreed upon in the quote, you agree to allow us the opportunity to re-perform the service to correct any defects. By agreeing to this, you also agree not to hold us liable for any additional costs, losses, or damages, including lost time or profits, that may arise from the initial service delivery.

c. Goods Warranty: We warrant goods will be free from defects in materials on the same terms and condition including the period of warranty as the warranties provided by the manufacturer of the Goods (Goods Warranty Period).

d. We reserve the right to inspect and test the Goods for the purpose of determining the extent of any defect and the validity of any Claim made under this warranty. All defective Goods replaced by us under this warranty will be deemed to be the property of ours.

e. This warranty will not apply if the Goods are rendered faulty by a factor other than a defect in materials and workmanship. Such factors include but are not limited to:

i) damage through misuse (including failure to maintain, service or use with proper care), neglect, accident or ordinary wear and tear (including deterioration of parts and accessories); and

ii) use for a purpose for which the Goods were not sold or designed.

15. Rights and Competition and Consumer Act 2010 (CCA)

a. Our terms fully acknowledge and incorporate your rights under the Competition and Consumer Act 2010 (CCA) and any other pertinent consumer legislation. This includes statutory guarantees that our services will be rendered with due care and skill, be fit for any specified purpose, and be completed within a reasonable time. Nothing in our terms seeks to exclude or limit these Non-Excluded Guarantees.

b. Beyond the Non-Excluded Guarantees under the CCA and applicable laws, we make no further warranties or representations about the services rendered. Our liability for breach of a Non-Excluded Guarantee is limited to either remedying the service first, then we may re-supply the service, offer an alternative service option to an equivalent value, or provide a refund of the service fee (pertaining to breached non-excluded guarantee portion only), subject to statutory restrictions.

c. For clients classified as consumers under the CCA, our liability is limited in accordance with Section 64A of Schedule 2 of the CCA. In cases where re-supplying the service or providing an alternative is not feasible, we will offer a refund, taking into account the value of any part of the service that was performed in accordance with our agreement.

d. You are required to notify us of any service-related defects or dissatisfaction within a reasonable timeframe, as outlined above, to allow us the opportunity to rectify the issue in line with our commitments under the CCA.

e. We will not be liable for any defects, damages, or dissatisfaction arising from your failure to follow our recommendations or instructions, misuse of the service, external interference without our approval, or factors beyond our reasonable control, including acts of God or environmental conditions.

f. In the event of a dispute, you are to abide by clause 10 of these terms and conditions and Section 57 of the CCA.

16. General

a. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of this agreement or use of our services. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

b. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

c. The failure by either party to enforce any provision of these terms and conditions at any time shall not be construed as a waiver of that provision, nor shall it affect the party's right to enforce that provision thereafter.

d. If any part of these terms and conditions is found to be invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

e. These terms and conditions, and any contract arising from them, shall be governed by the laws of Western Australia, depending on where the services were provided. However, should any dispute arise that requires court intervention, jurisdiction will be subject to the courts in Western Australia, where we have our principal place of business.

f. We shall be under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including but not limited to loss of profit) arising out of a breach by us of these terms and conditions. Alternatively, our liability shall be limited to damages which, under no circumstances, shall exceed the price of the Services.

g. We may license and/or assign all or any part of our rights and/or obligations under this contract without your consent. Conversely, you cannot license or assign your rights without our written approval.

h. We may elect to subcontract out any part of the services but shall not be relieved from any liability or obligation under this contract by doing so. Furthermore, you agree and understand that you have no authority to give any instruction to any of our subcontractors without our explicit authorization.

i.We may amend these general terms and conditions for subsequent future contracts with you by disclosing such amendments to you in writing. These changes shall be deemed to take effect from the date on which you accept such changes or otherwise at such time as you make a further request for us to provide services to you.

j. 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 events beyond the reasonable control of either party.

k. Both parties warrant that they have the power to enter into this contract, have obtained all necessary authorizations to do so, are not insolvent, and that this contract creates binding and valid legal obligations on them.