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Terms & Conditions


 

Welcome to Watertite
    These terms and conditions outline the rules and regulations for the use of Watertite's Website.  
     Watertite is located at: 
  St ives, Sydney New South Wales - 2075, Australia

    
    By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Watertite's website 
    if you do not accept all of the terms and conditions stated on this page.
    The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
    and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website
    and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers
    to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
    or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake
    the process of our assistance to the Client in the most appropriate manner, whether by formal meetings
    of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect
    of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law
    of Australia. Any use of the above terminology or other words in the singular, plural,
    capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.Cookies
    We employ the use of cookies. By using Watertite's website you consent to the use of cookies 
    in accordance with Watertite’s privacy policy.Most of the modern day interactive web sites
    use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site
    to enable the functionality of this area and ease of use for those people visiting. Some of our 
    affiliate / advertising partners may also use cookies.License
    Unless otherwise stated, Watertite and/or it’s licensors own the intellectual property rights for
    all material on Watertite. All intellectual property rights are reserved. You may view and/or print
    pages from http://watertite.com.au for your own personal use subject to restrictions set in these terms and conditions.
    You must not:
    
        Republish material from http://watertite.com.au
        Sell, rent or sub-license material from http://watertite.com.au
        Reproduce, duplicate or copy material from http://watertite.com.au
    
    Redistribute content from Watertite (unless content is specifically made for redistribution).
Hyperlinking to our Content
    
        The following organizations may link to our Web site without prior written approval:
            
            Government agencies;
            Search engines;
            News organizations;
            Online directory distributors when they list us in the directory may link to our Web site in the same
                manner as they hyperlink to the Web sites of other listed businesses; and
            Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
                and charity fundraising groups which may not hyperlink to our Web site.
            
        
    
    
        These organizations may link to our home page, to publications or to other Web site information so long
            as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or
            approval of the linking party and its products or services; and (c) fits within the context of the linking
            party's site.
        
        We may consider and approve in our sole discretion other link requests from the following types of organizations:
            
                commonly-known consumer and/or business information sources such as Chambers of Commerce, American
                    Automobile Association, AARP and Consumers Union;
                dot.com community sites;
                associations or other groups representing charities, including charity giving sites,
                online directory distributors;
                internet portals;
                accounting, law and consulting firms whose primary clients are businesses; and
                educational institutions and trade associations.
            
        
    
    We will approve link requests from these organizations if we determine that: (a) the link would not reflect
    unfavorably on us or our accredited businesses (for example, trade associations or other organizations
    representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
    to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from
    the visibility associated with the hyperlink outweighs the absence of ; and (d) where the
    link is in the context of general resource information or is otherwise consistent with editorial content
    in a newsletter or similar product furthering the mission of the organization.

    These organizations may link to our home page, to publications or to other Web site information so long as
    the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
    of the linking party and it products or services; and (c) fits within the context of the linking party's
    site.

    If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,
    you must notify us by sending an e-mail to steve@watertite.com.au.
    Please include your name, your organization name, contact information (such as a phone number and/or e-mail
    address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,
    and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

    Approved organizations may hyperlink to our Web site as follows:

    
        By use of our corporate name; or
        By use of the uniform resource locator (Web address) being linked to; or
        By use of any other description of our Web site or material being linked to that makes sense within the
            context and format of content on the linking party's site.
    
    No use of Watertite’s logo or other artwork will be allowed for linking absent a trademark license
    agreement.
Iframes
    Without prior approval and express written permission, you may not create frames around our Web pages or
    use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
    We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
    link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
    reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
    to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
    If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
    us about this. We will consider requests to remove links but will have no obligation to do so or to respond
    directly to you.
    Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness
    or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
    website is kept up to date.
Content Liability
    We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
    and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
    page on your Web site or within any context containing content or materials that may be interpreted as
    libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
    other violation of, any third party rights.
Disclaimer
    To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
    
    limit or exclude our or your liability for death or personal injury resulting from negligence;
    limit or exclude our or your liability for fraud or fraudulent misrepresentation;
    limit any of our or your liabilities in any way that is not permitted under applicable law; or
    exclude any of our or your liabilities that may not be excluded under applicable law.
    
    The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
    are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
    in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
    (including negligence) and for breach of statutory duty.
    To the extent that the website and the information and services on the website are provided free of charge,
    we will not be liable for any loss or damage of any nature.





 

1 DEFINITIONS

 

“Authorised person” shall mean the person or contractor directed by Watertite to perform the work

“Date of completion” shall mean the date when Watertite finishes the Work in accordance with this Contract;

“Contract” shall mean the Quotation, Plan and the Terms and Conditions as set out below;

“Watertite” shall mean (Watertite leaking shower and balcony repairs). and includes its successors and permitted assigns;

“Owner” shall mean the person or entity entering into this Contract with Watertite including the Owner’s executors, administrators, successors and permitted assigns;

“Product” shall mean a product used by Watertite in relation to the Work;

“Parties” shall mean Watertite and the Owner;

“Plan” shall mean the diagram (if any) included with the Quotation in relation to the Work;

“Price” shall mean the price for the Work as set out in this Contract;

“Product Warranty” shall mean any product warranty expressly provided by Watertite as set out in this Contract including in the Quotation or at the top of any page of this Contract;

“Quotation” shall mean the Quote that accompanies these Terms and Conditions;

“Representative” means any person authorised by Watertite in connection with this Contract;

“Site” shall mean the location where the Work will be carried out as set out in the Quotation;

“Statutory Warranties” shall mean the warranties provided by Watertite in accordance with clause 9; 

“Variation” shall mean Variation to the Work in accordance with clause 8;

“Work” shall mean the Work to be carried out by Watertite in accordance with this Contract.
"Watertite epoxy floor grout" shall mean Mapei kerapoxy grout.
"Watertite high flex silicone" shall mean Mapesil AC silicone.

 

1.1 In this Contract a reference to a clause means a clause of this Contract unless otherwise stated.

    

2 QUALITY OF CONSTRUCTION

 

2.1 All Work done under this Contract must comply with the following:

2.1.1 The Building Code of Australia to the extent required under the relevant State legislation.

2.1.2 All other relevant codes, standards and specifications that the Work is required to comply with under any law; and

2.1.3 The conditions of any relevant development consent or complying development certificate and any construction certificate.

2.2 Despite clause 2.1 the liability of Watertite for failure to comply with the above work compliance clause is limited if the failure relates solely to a design or specification prepared by the Owner or on the Owner’s behalf or a design or specification required by the Owner if Watertite has advised the Owner in writing that it contravenes clause

 

 3 PLANS AND WORK

 

3.1 The Plan and specifications for work to be done under this Contract, including any variations are taken to form part of this Contract.

3.2 Before Watertite starts the Work the Owner must notify Watertite of any matters that may affect the ability of Watertite to undertake the Work such as previous repair Work to the Site or any report being done from a third party in relation to the Site or the Work.

3.3 Watertite will re-grout or resurface or use a sealer where required as part of the Work, which is included in the Price.

3.4 Prior to application of a Product the surface of the Work area needs to be prepared with a chemical tile and stone etchant which may change the appearance of the tiles in some instances.

3.5 The Owner acknowledges:

3.5.1 The possible change in tile appearance with the use of a Product; and

3.5.2 Such change in appearance will not be regarded as a defect under this Contract or a breach of any warranty whether statutory or otherwise.

3.6 All areas where the Work will be performed must be kept dry 24 hours prior to and 24 hours after the Work is carried out.

3.7 If the Work relates to a shower, it must not be used for 24 hours prior to commencement of the Work. 

4 PLUMBING AND PAINTING

4.1 The Price does not include the cost of plumbing whether to drainage or otherwise and the Owner must contact a plumber for any plumbing issues that may be associated with the Work. 

4.2 Watertite will not carry out any painting or decorating whatsoever in relation to the Work.

 

5 LATENT DEFECTS, MOVEMENT AND HEALTH AND SAFETY

 

5.1 Subject to the Statutory Warranties Watertite shall not be liable for any damage to framework, structure or tiles, faults, defects, deterioration or wear and tear in relation to the Work that were not visible or apparent at the initial inspection on Site by Watertite (“Latent Defects”) but have appeared and/or deteriorated since the date of the inspection.

5.2 If Watertite needs to carry out any additional work arising from the Latent Defects Watertite may increase the Quotation to take account of the additional work.

5.3 If the Work includes a balcony repair, subject to the Statutory Warranties, Watertite will not be liable for any claim arising from the movement of the structure on which the Work is carried out.

5.4 Watertite may, at its discretion, refuse to carry out the Work if the health and safety of any Representative is exposed on Site and will request the Owner to rectify the problem at the Owner’s cost before the Work can be carried out or continued.

 

6 PAYMENT BY THE OWNER

 

6.1 The Owner must pay the Price due to Watertite on the Date of completion unless stated otherwise in the Quotation.

6.2 The Work will be regarded as complete when it is finished in accordance with this Contract, free of apparent defects and all rubbish and surplus material removed from the Site.

6.3 The Owner authorizes Watertite to deduct all monies due under this Contract from any funds held by Watertite or from the Owner’s credit card if applicable after the Work has been completed or any money is owing to Watertite in accordance with this Contract.

6.4 If Watertite agrees with the Owner in the Quotation to accept payment after the Date of completion the Owner shall pay Watertite all monies due under this Contract within 30 days of the Date of completion (“Payment Period”).

6.5 If the Owner does not pay Watertite all outstanding monies owing under this Contract within the Payment Period unless otherwise stated in the Quotation the Owner must pay Watertite interest at rate equal to ten percent (10%) per annum on all monies owing to Watertite from the end of the Payment Period until the date of actual payment.

 

7 TIME FOR COMPLETION

7.1 Subject to clause

7.2 Watertite will complete the Work within a reasonable time.

7.2 Watertite will be entitled to a reasonable extension of time in the event of delays and such delay must be timely communicated to the Owner within a reasonable and where the cause of the delay is beyond Watertite control including but not limited to:

7.2.1 Inclement weather that prevents Watertite from proceeding with the Work;

7.2.2 The unavailability of materials for the Work;

7.2.3 Industrial disputes;

7.2.4 Variations; or

7.2.5 Any other matter beyond the control of Watertite.

7.3 By force majeure

7.4 Any rectification work carried out by Watertite after the Date of completion shall not extend any warranty period set out in this Contract to the extent permissible by law.

7.5 Contractor not entitled to additional payment, the granting of an extension of time by virtue of this clause shall not entitle the Contractor to any additional payment.

 

 

8 VARIATIONS

 

8.1 The Work may be varied by agreement between the Owner and Watertite.

8.2 Subject to clause

8.3 Any Variation required by either party must be made in writing to the other party (“Variation Request”). The Variation Request must include a full description of the proposed Variation.

8.3 If the Variation as set out in the Variation Request is agreed the Variation must:

8.3.1 Be in writing;

8.3.2 Set out the cost of the additional or omitted Work;

8.3.3 Set out any change to the Date of completion;

8.3.4 Be signed by the parties and dated.

8.4 The price of any extra Work under a variation will be added to the Price and the cost of any omitted Work under a variation will be deducted from the Price.

8.5 The Work, Products or materials required under this Contract may be varied due to such other matters as could not reasonably be foreseen by an experienced contractor for the completion of the Work at the date of this Contract.

 

9 STATUTORY WARRANTIES

 

9.1 If the Work is residential work under the relevant legislation Watertite warrants that:

9.1.1. The Work will be performed in a proper and workmanlike manner and in accordance with the plans and specifications set out in this Contract;

9.1.2 All materials supplied by Watertite will be good and suitable for the purpose for which they are used and, unless otherwise stated in this Contract, those materials will be new;

9.1.3. The Work will be done in accordance with, and will comply with, the relevant legislation or any other law;
9.1.4 the Work will be done with due diligence and within the time stipulated in this Contract, or if no time is stipulated, within a reasonable time;

9.1.5 If the Work consists of the making of alterations or additions to a dwelling or the repairing, renovation, decoration or protective treatment of a dwelling, the Work will result, to the extent of the Work conducted, in a dwelling that is reasonably fit for occupation as a dwelling;

9.1.6 The Work and any materials used in doing the Work will be reasonably fit for the specified purpose or result, if the Owner expressly makes known to Watertite or any other person with express or apparent authority to enter into or vary contractual arrangements on behalf of Watertite, the particular purpose for which the Work is required or the result that the Owner desires the Work to achieve, so as to show that the Owner relies on Watertite Bathroom’s skill and judgment.

 

10 ACCESS

 

10.1 The Owner must provide access for any Representative to carry out the Work as required during Work hours allowed by relevant statutory authorities.

10.2 The Owner must remove any personal property likely to impede on the Work.

10.3 Unless a minimum of 24 hours’ notice is given to Watertite if a Representative cannot access the Site or is unable to proceed with the Work for any reason an additional call out charge at the prevailing rate will be payable by the Owner to Watertite.

 

11 CLEANING UP

 

11.1 On completion of the Work, Watertite must remove from the Site all of its tools and equipment and dispose of all rubbish, excavated material, vegetation, demolished or dismantled structures and surplus material relating to the Work.

11.2 All demolished, dismantled and surplus material will be the property of Watertite unless otherwise specified in the Quotation.

 

12 INSURANCE FOR WORK AND PERSONAL INJURY

 

12.1 Watertite maintains all compulsory insurances to cover its various liabilities prior to commencing any work under this Contract or is given access to the site.

12.1.2 If requested Watertite must provide the Owner with proof that all such insurances have been taken out and are current;

 

13 INDEMNITY IN FAVOUR OF OWNER

 

13.1 Subject to clause

13.2 Watertite will indemnify the Owner against any loss or liability for death, personal injury or property damage arising out of the Work, except to the extent that the Owner or an employee, agent or subcontractor of the Owner contributed to the loss or liability.

13.3 Watertite will not be liable under clause 13.1 if the death, personal injury, property damage was caused or contributed by a design or specification prepared by or on behalf of the Owner.

 

14 DAMAGE TO PROPERTY

 

14.1 The Owner must remove any furniture or personal goods from the Site and immediate vicinity to minimize the risk of damage.

14.2 Watertite warrants that it will take all reasonable care when removing grout on floor and wall joints.

 

15 MISREPRESENTATION

 

15.1 If the Owner or its employees, agents or contractors makes any misrepresentation to Watertite that causes additional work, such additional Work will be a deemed Variation and added to the Price. Watertite may, at its discretion, refuse to carry out such additional Work.

 

16 PRODUCT WARRANTY

 

16.1. Watertite warrants the products listed here against defects for the following periods:

Watertite epoxy floor grout – 25 Years from the date of application or the completion of the works

Watertite high flex silicone – 5 Years from the date of application or the completion of the works

16.2. The benefits of this warranty are in addition to all other rights and remedies which the owner may have under these Terms, the Australian Consumer Law and any other law in relation to the product to which the warranty relates.

16.3. Watertite products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure or for compensation for any other reasonably foreseeable loss or damage.

16.4. This warranty does not cover damage, fault or failure due to external causes, including accident, misuse, tampering or interference with the product other than by an authorised Watertite representative, failure to perform required maintenance, normal wear and tear, fire, flood or a similar occurrence and any attempt by any person other than an authorised Watertite representative to adjust or repair the product.

16.5. In the event of a defects claim the owner must follow the claims procedure outlined at Clause 18 of these Terms & Conditions.

 

 

17 ENTIRE CONTRACT & REPRESENTATIONS

 

17.1 This entire contract together with any documents signed, dated and attached to it constitutes the entire contract between Watertite and the Owner. It supersedes all previous understandings, agreements or representations between Watertite and the Owner whether in writing or otherwise.

17.2 Watertite and the Owner acknowledge that no other statements, representations, inducements, promises or agreements made orally or otherwise by either of them are to be relied upon or binding.

 

 

18 NOTICE OF CLAIM

 

18.1 The Owner must notify Watertite in writing within 10 business days after becoming aware of any matter or circumstance that may give rise to a claim under this Contract and set out details of the claim (“Notice of Claim”).

18.2 If the Owner serves such a Notice Watertite will within 14 days of receipt of the Notice respond to the Owner and request a date and time to inspect the Work on Site.

18.3 The Owner must allow Watertite to rectify any defective Work that is capable of rectification and is required to be rectified under this Contract;

18.4 If Watertite is required to carry out the rectification work Watertite shall serve a further notice on the Owner within 14 days after the Site Inspection to nominate a mutually convenient date and time within 21 days of the Site Inspection for Watertite to carry out the Rectification Work;

18.5 If Watertite undertakes a Site Inspection and is not liable to rectify the alleged defective work set out in the Notice of Claim Watertite shall be entitled to charge the Owner a call out fee for the Site Inspection at the prevailing rate at the time of the Site Inspection.

 

 

19 TERMINATION OF CONTRACT

 

19.1 If Watertite:

19.1.1 Goes into liquidation, administration or is otherwise without full capacity;

19.1.2 Fails to complete the Work within a reasonable time;

19.1.3 Fails to remedy defective Work or replace faulty or unsuitable materials or Products as provided in this Contract; or

19.1.4 Otherwise breaches a term of this Contract the Owner may, where such default can be remedied, issue a written notice requiring Watertite to remedy the default within 10 business days or within such other reasonable period as may be agreed.

19.2 If the default is not remedied within 10 business days or such other reasonable period as may be agreed, or is not capable of being remedied, the Owner may terminate this Contract by written notice to Watertite.

19.3 If the Owner:

19.3.1 Fails to make any payment due under this Contract; or

19.3.2 Denies access to the Site to Watertite to prevent the Work from proceeding; or

19.3.3 Otherwise breaches a term of this Contract Watertite may issue a written notice requiring the Owner to remedy the default within 10 business days of receipt of the notice by the Owner.

19.4 If the default is not remedied within 10 business days Watertite may terminate this Contract by written notice to the Owner.

 

20 AUTHORITY

 

20.1 The Owner’s agent, employee or contractor who signs this Contract on behalf of the Owner (“Owner’s Signatory”) warrants that it, he or she has authority to enter into this Contract on behalf of the Owner.

20.2 The Owner’s Signatory will indemnify Watertite against all loss or damages Watertite may suffer arising from a breach of warranty set out in clause 20.1.

20.3 Any representative who signs this Contract on behalf of Watertite (“Watertite’s Signatory”) warrants that he or she has authority to enter into this Contract on behalf of Watertite.

20.4 The Watertite Signatory will indemnify the Owner against all loss or damages the Owner may suffer arising from a breach of warranty set out in clause 20.3.

 

21 DISPUTES

 

21.1 If a party considers a dispute has arisen in relation to any matter covered by this Contract, that party must promptly give the other party written notice of the items of dispute.

21.2 The parties may confer with a mutually agreed third party to assist to resolve the dispute by mediation.

21.4 If applicable, the home warranty insurer should be notified of any dispute, which may be a prospective claim on the insurer.

 

22 INSPECTION - TESTS

 

The Architect may issue instructions requiring the Contractor to open up for inspection any work covered up or to arrange for or carry out any test of any materials or goods (whether or not already incorporated in the Works) or of any executed works and the cost of such opening up or testing (together with the cost of making good in consequence thereof) shall be added to the Contract Sum unless the inspection or test shows that the work, materials or goods are not in accordance with this Contract.

 

 

23 NOTICES

 

23.1 Any written notice required to be given by this Contract or under the cooling off provision under the relevant legislation (if applicable) may be served by:

23.1.1 Giving it to the party in person;

23.1.2 Leaving it at the party’s address shown in this Contract; or

23.1.3 Sending it by registered post to the party’s address shown in this Contract.

 

24 SEVERABILITY

 

24.1 Any condition of this Contract which is illegal, void or rendered unenforceable shall be severed from this Contract so that the legality, validity or enforceability of the remaining provisions of this Contract shall not be affected.

 

25 GOVERNING LAW AND JURISDICTION

 

25.1 This Contract is governed by the laws of the State in which the Work is carried out by Watertite.

25.2 Each party irrevocably submits to the jurisdiction of the courts of that State.

 

 

26 ASSIGNMENT BY CONTRACTOR

 

The Contractor shall not without the written consent of the OWNER assign this Contract.

 

 

27 DAMAGE BY WEATHER 

 

In no case shall the Contractor be required to make good at his own cost any damage by sun or weather which may appear after practical completion of the Works, unless the Architect shall certify that such damage is due to injury which took place before practical completion of the Works.

 

28 AUSTRALIAN CONSUMER LAW

 

28.1 Despite anything to the contrary in this Contract:

28.1.1 This Contract is subject to the provisions of the Australian Consumer Law and the Australian Consumer Law prevails to the extent of any inconsistency.