EXCELLENT COATINGS PTY LTD - TERMS AND CONDITIONS OF SERVICE

These terms and conditions are strictly confidential and are not to be passed onto any third parties other than the “client”. If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

EXCELLENT COATINGS - TERMS AND CONDITIONS OF SERVICE

1. TERMINOLOGY

“We” “Our” “Us” refers to EXCELLENT COATINGS (EXCELLENT COATINGS PTY LTD – ABN: 87 076 213 413). “You” “Property owner” “Customer” refers to the client/customer or whoever has contracted our services.

2. CUSTOMER OBLIGATIONS

1. During the Term of the Agreement, the Customer agrees to do the following:

(a) Give clear and detailed instructions regarding the painting services it requires;

(b) Pay all Service Fees as invoiced on time and in full;

(c) Provide a safe working environment and advise of any hazards or dangers at the premises of the Project

(d) Provide a clear and unobstructed access to the Premises and its amenities including power and water

(e) Pack away breakables, fragile items and other valuable items at the Premises; and

(f) Ensure that appropriate authority is obtained for such work to commence from the property owner. Particular consideration must be made to the paint smell in respect to workers/tenants/public etc., smoke detectors/alarms and air conditioning.

3. QUOTES

1. Our quotes are valid for 30 days from date of receipt, unless we agree otherwise.

2. Our quotes are non-negotiable unless we choose to offer a discount.

3. All quotes provided must be signed and a copy sent back to our office prior to any work commencing.

4. In accepting our quotation, you have therefore deemed to have accepted our terms and conditions.

5. All quotes and invoice matter to be discussed only and directly with the manager/director of EXCELLENT COATINGS.

6. During the term of the agreement / project, should applicable local, government or council laws or regulations be introduced or varied, resulting in previously not included charges being imposed, we reserve the right to adjust our pricing of the works.

4. ADDITIONAL WORK & VARIATIONS

1. Any additional work or variations not stated in the client’s quote will be charged at an hourly rate of $80 plus GST.

2. It is the client’s responsibility to carefully read and understand the quote issued and inform us prior to work commencing if there are any issues that are not made clear.

5. TIMINGS

1. We will always endeavor to follow timelines where possible.

2. All contract timings are subject to weather conditions and/or any unforeseeable circumstances out of our control.

3. We accept no responsibility for any loss of time or otherwise due to timings on a contract.

4. We reserve the right to cancel potential contract start dates if the contract has not been returned and signed and the deposit has not been paid.

6. WEATHER CONDITIONS

1. We reserve the right to postpone any contract due to adverse weather conditions.

2. Start dates are subject to weather conditions.

3. Project completion times are subject to weather conditions.

4. Weather conditions are conditions that are not suitable for the application and or preparation of painted surfaces.

7. DEPOSITS

1. We require a 10% deposit once a start date has been offered.

2. All deposits are none refundable under any circumstances.

8. PAYMENT & TERMS

1. All invoices must be paid within 7 days of invoice being issued.

2. EXCELLENT COATINGS reserve the right to request and receive a weekly progress payment during any project.

3. EXCELLENT COATINGS shall be entitled to:

(a) Suspend its work on the Project, in the event the Customer does not pay an invoice on time (including any individual progress instalments) or any other fees payable under this Agreement on time or in full; and/or

(b) Charge penalty interest on all accounts, which are unpaid for more than 15 days, at the rate of 20% per annum.

4. Where EXCELLENT COATINGS engage a lawyer or collection agency to recover any unpaid money under this Agreement, the Customer agrees that it shall be fully liable for all of EXCELLENT COATINGS’s costs thereof.

9. WARRANTIES/GUARANTEES

1. EXCELLENT COATINGS offer a 5-year warranty on surface preparation and surface coating as applied to meet AS/NZS 2311 - the painting of buildings.

2. All warranties are subject to the property owner carrying out general maintenance on their property to ensure all work carried out by us is kept to reasonable standard.

3. We accept no responsibility for any work carried out by us that is altered, touched up, tampered with by the property owner or any third party. All warranties are void in this case.

4. Any warranty claims must be lodged with our office in writing.

5. If for whatever reason a claim arises due to product failure due to workmanship, we will rectify the issues and we will cover the cost of the labour to rectify the issue. The client may be required to pay for material costs.

6. We do not warrant the condition, permanence or quality of any substrates that have not been originally sealed by us. These substrates include but are not limited to plaster ceilings, walls, woodwork, and weatherboards.

7. We do not warrant the fading, peeling or blistering of dark colours on external projects. Dark colours may include reds, blues, greens, greys & blacks. Warranty is not offered for line marking and concrete painting unless explicitly stated.

8. We do not warrant the following issues: cracking, settlement cracking, water stains, rust, peeling ceilings, previously painted surfaces that have not been sealed using oil pigmented sealer.

9. All varnish, stain, polyurethane, and semi-transparent coatings carry a 12 month warranty only.

10. PAINT PRODUCTS

1. We reserve the right to alter/change products used on any project without prior notice.

2. All paint and materials remain the property of EXCELLENT COATINGS until all balances are paid in full.

3. We reserve the right to remove any unused paint & materials from a project site before, during or after completion of a project.

4. We accept no responsibility for choice of colours on any project.

5. If for any the reason the client changes their mind after they have chosen a colour, any associated costs with this change of mind will be incurred by the client in full, and this includes any labour costs during the process.

6. We do not accept responsibility for yellowing of any gloss enamel products.

7. We reserve the right to pass on any price increases from our suppliers during a project to the property owner. We do not know when these may happen so we cannot offer any notice to the client.

11. COMPLAINTS

1. The Customer must make any complaint regarding EXCELLENT COATINGS’s services on any aspect of the Project within 7 days after the completion of the Project. If the Customer does not make any complaint within that period, the Customer is deemed to be 100% satisfied with the Project and shall have no future claim against EXCELLENT COATINGS in respect of the Project. If the Complaint is justified, EXCELLENT COATINGS will remedy the Complaint as soon as possible.

2. EXCELLENT COATINGS hold public liability insurance to cover damage to the Premises directly caused by EXCELLENT COATINGS during the warranty period. The Customer must report any damage to EXCELLENT COATINGS within 48 hours.

3. All complaints are to be kept confidential and if the client proceeds to post any complaints via social networking on the internet or any other media avenues including Google reviews, EXCELLENT COATINGS reserve the right to take legal action against any party to reclaim any losses in revenue.

12. PROMOTIONAL MATERIAL

EXCELLENT COATINGS reserve the right to take photographs and videos for promotional and marketing use of completed projects and the right to use information from customer surveys and online reviews on the business website.

EXCELLENT COATINGS reserve the right to alter these terms and conditions at any time.