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1. Definitions

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• We / Us / Our means SuperFix Pty Ltd.

• You / Client means the person or entity engaging us.

• Quote means our written quotation and any attached scope, inclusions, exclusions, drawings, or schedules.

• Services means the works described in the Quote (repairs, renovations, maintenance, installation, rectification, or related building services).

• Site means the location where Services are performed.

• Variation means any change to scope, method, specification, sequence, access conditions, or timing after acceptance.

• Materials means goods or products supplied, ordered, hired, delivered, or arranged by us.

• Practical Completion means the stage where the Services are substantially complete and fit for use, aside from minor defects or omissions that do not prevent use.

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2. Contract formation and acceptance

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2.1 A binding contract forms when you accept the Quote in writing, approve commencement, or pay any amount.
2.2 These Terms apply to every supply of Services by us and override inconsistent client terms, unless we agree in writing.

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3. Quotes, assumptions, and exclusions

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3.1 Quotes remain valid for 30 days unless the Quote states another period.
3.2 Quotes rely on information available at the time, site access provided, visual inspection, and reasonable assumptions about what is visible.
3.3 Quotes exclude hidden conditions (including concealed water damage, termite damage, structural defects, non-compliant prior work, undocumented services, asbestos, hazardous materials) unless the Quote states otherwise.
3.4 If work does not start within the Quote validity period, we reserve the right to re-quote to reflect labour, supplier pricing, or access changes.

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4. Price, GST, deposits, and payment

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4.1 Unless stated otherwise, prices include GST.
4.2 A deposit applies where stated in the Quote (commonly 10%–50% depending on job size, lead times, and Materials required).
4.3 Unless agreed in writing, the balance is due at Practical Completion.
4.4 We issue invoices for deposits, progress claims, Variations, and completion. Payment is due on the due date shown on the invoice.
4.5 Late payment permits suspension of work and rescheduling, with resulting delay treated as a client-caused delay.
4.6 You must not withhold payment as “set-off” for unrelated claims. Rectification items follow clause 12.

 

5. Security of Payment (NSW)

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5.1 Where the Building and Construction Industry Security of Payment Act 1999 (NSW) applies, progress claims and payment claim procedures operate under that Act.
5.2 Payment claims served under the Act will state they are made under the Act, as required by NSW guidance.

 

6. Variations (scope changes)

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6.1 A Variation arises when:

• you request changes, additions, substitutions, or acceleration; or

• we discover site conditions or compliance requirements that alter scope; or

• access restrictions or third-party delays force method changes.

6.2 Variations are priced at our quoted Variation price or, if not priced in advance, at reasonable labour rates plus Materials, subcontractor charges, and reasonable overhead.
6.3 We record Variations in writing (email/SMS/job sheet). Where urgent safety or compliance work is required, we proceed and document promptly.

 

7. Client responsibilities (access, services, decisions)

 

7.1 You provide:

• safe, clear access during agreed hours;

• a work area cleared of fragile or valuable items; and

• access to water and electricity where needed.

7.2 You ensure pets, children, and occupants stay clear of work zones.
7.3 You provide timely selections and approvals (finishes, fixtures, layouts). Delays from late selections are client-caused delays.
7.4 Parking permits, strata approvals, building management bookings, and any required access permissions remain your responsibility unless the Quote states otherwise.

 

8. Approvals, compliance, and licences

 

8.1 We perform Services with due care and skill and in line with applicable NSW requirements for the work described.
8.2 Where approvals, certificates, engineering, designer documents, or council processes are required, responsibility sits with the party stated in the Quote. If the Quote is silent, those items are excluded and treated as a Variation if requested.

 

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9. Home Building Compensation Fund (HBCF) (where required)

 

9.1 For residential building work in NSW above the relevant threshold, HBCF insurance requirements apply and cover must be obtained before work starts where the scheme requires it.
9.2 If HBCF applies to your job, you must cooperate with information requests needed to obtain cover.

 

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10. Materials, delivery, and title

 

10.1 Materials lead times change. Supplier delays are outside our control and extend timeframes.
10.2 Title to Materials supplied by us remains with us until paid in full. After payment in full, title passes to you (subject to manufacturer terms).
10.3 We decide the brand/model where “allowance” items are listed, unless you nominate a specific item in writing. Differences in cost are treated as a Variation.

 

 

11. Timeframes and delays

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11.1 Start dates and durations are estimates unless the Quote states a fixed date.
11.2 Delays extend timeframes where caused by weather, supplier issues, access restrictions, latent conditions, inspections, third-party trades, strata/council processes, or client changes.

 

 

12. Workmanship, defects, and statutory warranties (NSW)

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12.1 We rectify defects in our workmanship that are notified to us within a reasonable time, subject to site access and safety.
12.2 NSW statutory warranties apply to residential building work where the Home Building Act applies. These warranties include due care and skill, suitable materials, compliance with law, and work reasonably fit for purpose.
12.3 Time limits apply to statutory warranty proceedings, including 6 years for “major defects” and 2 years for other defects, with an additional 6 months in certain circumstances where the defect becomes apparent near the end of the period.
12.4 Minor colour variation in paint matching, patching blend, and finish transition lines form part of normal trade outcome and do not alone establish defective work.

 

 

13. Client-supplied items

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13.1 We accept no responsibility for defects, failures, delays, or incompatibility caused by Materials or fixtures supplied by you.
13.2 Extra labour, modifications, or rework caused by client-supplied items is a Variation.

 

 

14. Pre-existing conditions and latent defects

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14.1 We are not liable for damage or failures arising from pre-existing defects, non-compliant prior work, or latent conditions discovered during the Services.
14.2 If latent issues appear, we notify you and propose options. Additional work is a Variation.

 

 

15. Damage, risk, and insurance

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15.1 You remain responsible for general home/contents insurance for the Site and your belongings.
15.2 We take reasonable care, but we are not responsible for:

• hairline cracking from building movement;

• concealed service strikes where services are not disclosed or not locatable; or

• deterioration of adjacent aged finishes caused by necessary tie-ins.

 

 

16. Suspension, termination, and recovery of costs

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16.1 We suspend Services where:

• invoices remain unpaid past due; or

• the Site becomes unsafe; or

• access is not provided.

16.2 If you terminate after acceptance, clause 17 applies. We invoice work performed and Materials committed.

 

 

17. Cancellations

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17.1 Cancellation after acceptance triggers a cancellation charge equal to 10% of the quoted value.
17.2 You pay for all Materials ordered, fabricated, or committed on your behalf that are non-refundable.
17.3 Cancellation amounts are due immediately upon cancellation notice.

 

 

18. Photos, marketing, and intellectual property

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18.1 We retain ownership of our Quote documents, scope descriptions, templates, and standard methods.
18.2 We may take before/after photos for quality records. Publication (website/social) occurs only after removal of identifying details, unless you object in writing before commencement.

 

 

19. Dispute resolution

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19.1 Disputes must be raised in writing with details of the issue and the outcome sought.
19.2 Parties meet (phone or onsite) within 14 days to attempt resolution in good faith.
19.3 If unresolved, parties proceed to mediation with a neutral mediator before court action, except where urgent court relief is required.

 

 

20. Governing law

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These Terms are governed by the laws of New South Wales, Australia. The parties submit to the jurisdiction of NSW courts.