MS QUALITY PAINTING & DECORATING PTY LTD
STANDARD TERMS & CONDITIONS OF TRADE

These Terms & Conditions apply to all quotations, invoices, contracts and services supplied by MS Quality Painting & Decorating Pty Ltd (ABN 68 670 786 651) ("the Contractor") unless otherwise agreed in writing.

The "Client" means the person or entity engaging the Contractor. The "Contract Price" means the total amount payable under the accepted quotation, including any approved variations. "Practical Completion" means the stage where the works are substantially complete and capable of being used for their intended purpose, excluding minor defects or omissions that do not materially affect the use or appearance of the works. A "Variation" means any change to the agreed scope of works.

A contract between the Client and the Contractor is formed when the Client accepts the quotation in writing, accepts electronically, pays a deposit, instructs the Contractor to commence works, or otherwise authorises the commencement of works. The accepted quotation, these Terms & Conditions and any approved variations together form the entire agreement between the parties.

All quotations remain valid for 30 days unless otherwise stated. Quotations are prepared based on the site conditions visible at the time of inspection and do not include unforeseen conditions, hidden defects, or additional works unless expressly stated in writing. The Contractor reserves the right to withdraw or amend a quotation before acceptance.

The Contractor agrees to complete only the works specifically described in the accepted quotation. Unless specifically included, the quotation excludes carpentry, plastering, electrical work, plumbing, asbestos removal, structural repairs, waterproofing, pest treatment, engineering reports, scaffold permits, council approvals and any other works not expressly stated.

Any additional work requested by the Client or required due to unforeseen site conditions will be treated as a Variation. Variations may include additional labour, materials, equipment, travel, preparation, administration costs and any other expenses associated with the additional works. Where practicable, variations will be approved by the Client before the work proceeds.

Payment must be made strictly in accordance with the payment schedule stated on the quotation or invoice. Unless otherwise agreed in writing, deposits are payable before commencement, progress claims may be issued throughout the project, and the final balance becomes due upon Practical Completion. The Contractor reserves the right to refuse commencement or suspend works until required payments have been received.

Where applicable, payment claims may be issued under the Building Industry Fairness (Security of Payment) Act 2017 (Qld). Nothing within these Terms & Conditions limits any statutory rights available to the Contractor under applicable legislation.

If an invoice remains unpaid after the due date, the Contractor may, to the extent permitted by law, suspend further works, refuse future bookings, and recover reasonable costs associated with the recovery of outstanding amounts. Acceptance of late payment does not constitute a waiver of the Contractor's rights.

The Contractor may suspend works where payment is overdue, the site is unsafe, access is unavailable, weather conditions prevent suitable painting conditions, delays are caused by other contractors, or circumstances arise beyond the Contractor's reasonable control. Any completion date may be extended by the period of delay.

The Client must provide safe and unrestricted access to the work area, including reasonable access to electricity, water and suitable working conditions where required. Delays caused by the Client, other trades or restricted access may result in additional charges.

The Client is responsible for removing valuable items, fragile objects, artwork, electronics, vehicles and personal belongings from the work area unless otherwise agreed. The Contractor will take reasonable care to protect surrounding areas; however, the Contractor is not responsible for pre-existing damage or items that have not been removed or disclosed.

The quotation includes only the preparation and works specifically described in the accepted quotation. Existing defects, repairs and rectification works are excluded unless specifically included in writing.

Existing defects may include, but are not limited to, timber rot or decay, rust or corrosion, water damage, moisture issues, structural movement, cracking caused by building movement, mould remediation, damaged plaster or plasterboard, substrate failure, peeling or failing existing coatings, asbestos-related works, lead paint removal, concealed defects and any condition not reasonably visible at the time of quotation.

Where defects are identified before or during the works, the Contractor may provide a separate quotation for rectification works. The Contractor reserves the right to suspend affected works until the issue has been assessed. The Contractor is not responsible for failure of coatings, paint systems or finishes where existing defects have not been rectified or where the Client has declined recommended repair works.

Final colour selections must be confirmed before materials are ordered. Any colour changes after materials have been purchased or works have commenced will be treated as a Variation. Minor differences between paint batches, manufacturers or finishes are not considered defects.

Exterior painting works are subject to suitable weather conditions. Rain, excessive temperatures, humidity, wind or other environmental conditions may delay completion without liability to the Contractor.

Practical Completion occurs when the works are substantially complete. Minor touch-ups, adjustments or defects that do not materially affect the use or appearance of the completed works do not delay final payment.

The Client must notify the Contractor in writing of any alleged workmanship defects within seven (7) days of Practical Completion. The Contractor must be provided a reasonable opportunity to inspect and rectify any defects for which it is legally responsible.

Subject to Australian Consumer Law, the Contractor warrants that workmanship will be performed with reasonable care and skill and in accordance with accepted trade practices. This warranty does not cover failures caused by structural movement, leaks, moisture, building defects, poor ventilation, substrate failure, accidental damage, vandalism, normal weathering, fair wear and tear, or failure to maintain painted surfaces. Manufacturer warranties remain subject to the manufacturer's own terms and conditions.

Ownership of all materials supplied by the Contractor remains with the Contractor until payment has been received in full.

Nothing within these Terms excludes, restricts or modifies any rights available to the Client under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law, or any other legislation that cannot legally be excluded. Subject to those rights, the Contractor's liability is limited to rectifying defective workmanship or as otherwise required by law.

If the Client cancels the project after acceptance, the Contractor may recover costs for completed works, materials purchased, specially ordered goods, non-refundable supplier charges, reasonable administration expenses and direct losses arising from the cancellation, to the extent permitted by law.

The Contractor may collect, use and disclose personal information for quoting, performing works, invoicing, debt recovery and complying with legal obligations in accordance with the Privacy Act 1988 (Cth).

The Contractor is not liable for delays caused by circumstances beyond its reasonable control, including severe weather, fire, flood, industrial disputes, supply shortages, government action or natural disasters.

These Terms & Conditions are governed by the laws of Queensland, Australia. The parties submit to the jurisdiction of the courts of Queensland and any applicable appeal courts.

If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue to apply.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) or applicable Queensland legislation.

MS QUALITY PAINTING & DECORATING PTY LTD
ABN: 68 670 786 651
Phone: 0423 497 741
Email: info@msqualitypainting.com.au
Website: www.msqualitypainting.com.au