SealRITE Solutions Pty Ltd Terms and Conditions of Trade
ABN: 25 612 250 021 | Licence No: 302767C | Effective Date: 1st July 2024
Welcome Statement
Welcome to SealRITE Solutions. By accessing or using our website or engaging our services, you agree to the following Terms & Conditions. Please read them carefully before accepting a quotation or booking any works.
Important Client Information – Please Read Before Proceeding
- The services provided by SealRITE Solutions Pty Ltd primarily involve remedial building works, including waterproofing, regrouting, tiling repairs, and related services to existing bathrooms, balconies, and tiled areas.
- Remedial works involve working with existing structures and finishes. As a result, some conditions—such as hidden defects, previous installation methods, movement, or deterioration—may not be visible at the time of inspection and may only become apparent once works commence.
- Where services include regrouting, existing grout must be removed so new grout can be correctly installed. Depending on the age and condition of tiles, there is an inherent risk that tiles may chip, crack, loosen, or become damaged during the grout removal process, even when work is carried out with reasonable care and in accordance with industry standards.
- If additional issues or damage are identified during works, further repairs may be required to achieve a suitable outcome. Any additional works will be discussed with the Customer and treated as a variation to the original scope.
- Clear access to the work area is required at all times. If SealRITE Solutions attends site and is unable to proceed due to access issues, site readiness, or short-notice cancellations, a call-out or attendance fee may apply.
- Nothing in this summary limits or excludes the Customer’s rights under the Australian Consumer Law or applicable statutory warranties. The detailed Terms and Conditions below govern all works carried out by SealRITE Solutions Pty Ltd.
1. Definitions and Interpretation
1.1 Definitions
In these Terms and Conditions, unless the context otherwise requires:
- Additional Charge means:
(a) fees or charges for additional work performed at the Customer’s request or reasonably required as a result of the Customer’s conduct, calculated in accordance with the Supplier’s then-current prices; and
(b) expenses incurred by the Supplier, at the Customer’s request or reasonably required as a result of the Customer’s conduct; and
(c) cancellation costs of any work order or quotation approved to proceed with work, where the Supplier is out of pocket from material purchases and/or administration costs, including where the Customer seeks further quotations for works from other contractors after approval has been given to SealRITE Solutions Pty Ltd.
- Business Day means a day that is not a Saturday, Sunday, or public holiday in the place where the Services are principally being carried out or the Goods provided.
- Client / Customer means the person or entity identified on a Quote or Order as the customer and includes the customer’s agents and permitted assigns.
- Completion Date means the date on which the Works are practically complete.
- Goods means any goods supplied by the Supplier including those supplied in the course of providing Services.
- Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents, designs, and all related rights.
- Loss includes, but is not limited to, costs (including party-to-party legal costs and the Supplier’s legal costs), expenses, lost profits, awards of damages, personal injury, and property damage.
- Order means a purchase order for Goods or Services placed by a customer in response to a Quote and as varied in writing from time to time by the parties.
- PPS Law means:
(a) the Personal Property Securities Act 2009 (Cth) (PPS Act) and any regulation made at any time under the PPS Act (each as amended from time to time); and
(b) any amendment made at any time to any other legislation as a consequence of a PPS Law.
- Quote means a written description of the Goods or Services to be provided, an estimate of the Supplier’s charges for the performance of the required work, and an estimate of the timeframe for the performance of the work.
- Remedial Works means works intended to repair, mitigate, or address defects, leaks, deterioration, or failures in existing installations, without undertaking full reconstruction or renovation.
- Services means the services to be provided by the Supplier to the Customer in accordance with a Quote and these Terms and Conditions of Trade.
- Site means the address or property where the Works are carried out.
- Supplier means SealRITE Solutions Pty Ltd (ABN 25 612 250 021, Licence No. 302767C) and includes its agents and permitted assigns.
- Works means all services, materials, products, and labour provided by the Supplier as set out in the quotation, scope of works, order or any agreed variation.
1.2 Interpretation
In these Terms and Conditions, unless the context otherwise requires:
(a) a reference to “writing” includes email and other communication established through the Supplier’s website (if any);
(b) the singular includes the plural and vice versa;
(c) a reference to a clause or paragraph is a reference to a clause or paragraph of these Terms and Conditions;
(d) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
(e) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(f) headings are for ease of reference only and do not affect the meaning or interpretation of these Terms and Conditions; and
(g) if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:
(i) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and
(ii) in all other cases, must be done on the next Business Day.
2. Who We Are
SealRITE Solutions Pty Ltd provides remedial waterproofing, tiling, bathroom rejuvenations, balcony repairs and related services throughout New South Wales.
All works are carried out by licensed and experienced tradespeople in line with Australian Standards and the National Construction Code.
3. Acceptance of Terms
By accepting a quotation, paying a deposit, signing a work authorisation, or allowing works to commence, the Customer agrees to these Terms and Conditions.
4. Quotations, Approval & Scope
All quotations are valid for thirty (30) days from the date of issue unless otherwise stated in writing.
Where a Customer provides written approval of a quotation, that approval remains valid for a period of ninety (90) days from the date of approval.
Approval of a quotation does not constitute confirmation of a booking. Works will not be scheduled until a commencement date is confirmed and accepted by SealRITE Solutions Pty Ltd.
If the Customer does not proceed to book the approved works within ninety (90) days of approval, the approval shall automatically lapse without further notice and:
• the quotation shall be deemed withdrawn;
• SealRITE Solutions Pty Ltd shall not be obliged to honour the previously approved pricing or scope of works;
• SealRITE Solutions Pty Ltd may require a new inspection and/or issue a revised quotation prior to scheduling works.
Where works relate to water ingress, leaking showers, failed waterproofing or moisture-related defects, the Customer acknowledges that continued use of the affected area after quotation approval may result in progressive deterioration or additional damage. SealRITE Solutions Pty Ltd reserves the right to reassess site conditions prior to commencement where works are not booked within the ninety (90) day approval period.
SealRITE Solutions Pty Ltd reserves the right to revise pricing where works are not commenced within ninety (90) days of approval due to increases in material costs, labour rates, supplier pricing, regulatory changes, or market fluctuations beyond its reasonable control.
5. Variations
- Any variation to the original scope must be agreed to in writing prior to commencement.
- Variations will be invoiced separately or added to the final invoice.
- Delays caused by client variations may extend the completion time.
Where site conditions have changed, deteriorated or worsened after the date of quotation or after approval but prior to commencement — including deterioration caused by continued water ingress or use of the affected area — such additional work shall constitute a variation and will be charged at SealRITE Solutions Pty Ltd’s prevailing rates.
6. Payment Terms
A deposit may be required prior to commencement of works.
Progress payments may be required for works over multiple stages.
Final payment is due;
• upon completion of works; or
• as per the invoice due date.
Interest of 2.5% per month may be charged on overdue amounts.
SealRITE reserves the right to:
- suspend non-statutory warranties; and
- suspend non-urgent rectification works
where invoices remain unpaid.
Where an approved quotation lapses in accordance with Clause 4, SealRITE Solutions Pty Ltd is not bound to perform the works at the previously approved price. Any deposit paid may be applied to a revised quotation or refunded at SealRITE Solutions Pty Ltd’s discretion, less any administrative, inspection, or material procurement costs incurred.
7. Access & Site Conditions
The Customer must ensure:
- all furniture, personal belongings, fixtures and floor coverings are removed from the work area prior to commencement;
- clear, safe and uninterrupted access to the work area is provided.
Any delays caused by:
- restricted access;
- unsafe site conditions; or
- other site issues
may incur Additional Charges.
SealRITE will take all reasonable care but accepts no responsibility for damage to surrounding areas not directly affected by the works.
7.1 Callout & Attendance Fees
- Where SealRITE Solutions attends a scheduled appointment and works or inspections are unable to commence due to the customer not being present, lack of access to the property, or prerequisite works not being completed as required prior to our arrival, a Callout and Attendance Fee of $195.00 + GST will apply.
- If an Assessor attends site to conduct an inspection and no one is home or access is not available, the same Callout Fee of $195.00 + GST will be charged.
- Cancellations or rescheduling made with less than 24 hours’ notice will also attract the same non-refundable Callout and Attendance Fee of $195.00 + GST, regardless of the reason.
- The Callout and Attendance Fee represent a genuine pre-estimate of costs incurred by SealRITE Solutions Pty Ltd.
- In the event of a genuine emergency or unforeseen circumstance, SealRITE Solutions may, at its sole discretion, waive or reschedule the fee.
8. Standards & Compliance
All works are carried out in accordance with:
- AS 3740:2021 – Waterproofing of domestic wet areas,
- AS 3958.1 – Tiling standards,
- NCC 2022 (National Construction Code), and
- Relevant NSW Fair Trading and Building Practitioner obligations.
Remedial works are designed to stop active leaks and extend the life of existing structures but may not bring the bathroom or balcony to full compliance with current NCC unless a full renovation is undertaken.
9. Customer Responsibilities
The Customer is responsible for:
- ensuring tiles and other materials are on site prior to commencement;
- ensuring adequate drainage and structural support to accommodate the works;
- coordinating third-party contractors where applicable.
SealRITE is not responsible for delays caused by customer-supplied materials or third-party contractors.
10. Warranties
10.1 Workmanship Warranty Conditions
SealRITE provides a 6-year warranty on waterproofing systems and a 2-year warranty on workmanship and tiling from the completion date, provided:
- The area has been used as intended,
- No third-party trades have altered the works, and
- The issue is not caused by movement, substrate failure, or external water ingress.
- SealRITE Solutions may, at its discretion, investigate, test, or confirm the nature of any alleged defect and determine whether the cause is directly related to our workmanship.
10.2 Materials Warranty
- Materials supplied by SealRITE are covered by the manufacturer’s warranty.
10.3 Exclusions
Warranty does not apply to:
- damage caused by building movement;
- structural failure;
- external leaks;
- natural disasters;
- lack of maintenance;
- failures caused by existing conditions outside SealRITE’s scope;
- deterioration occurring after quotation but prior to commencement;
- continued use of leaking or defective areas after notification;
- works altered or tampered with by others.
- existing shower screens, screen hardware, seals or framing unless expressly included in writing within the scope of works.
Warranties are void if invoices are unpaid or works are tampered with by others.
SealRITE Solutions Pty Ltd shall not be responsible for deterioration, additional damage, mould growth, substrate failure, structural movement, or progressive defects occurring after the date of quotation or during any delay in booking works.
Warranty does not extend to damage arising from continued use of leaking or defective areas after notification.
11. Statutory Warranties (NSW)
SealRITE complies with the Home Building Act 1989 (NSW).
- 6 years statutory warranty applies to major defects.
- 2 years warranty applies to all other defects.
These statutory rights are in addition to any product or workmanship warranties offered by SealRITE.
12. Defects & Rectification
- Any defects must be reported in writing within a reasonable timeframe.
- SealRITE will assess the issue and, if covered, rectify the defect within a reasonable period.
- SealRITE reserves the right to charge call-out fees if the defect is not related to its works.
13. Delays & Force Majeure
SealRITE is not liable for delays caused by:
- Weather conditions,
- Shortages of materials,
- Site access issues,
- Other contractors, or
- Events beyond its reasonable control.
14. Limitation of Liability
- SealRITE Solutions Pty Ltd’s liability for any claim arising out of or in connection with the Works is limited, to the extent permitted by law, to the cost of rectifying defective work.
- SealRITE Solutions Pty Ltd is not liable for any indirect, special, or consequential loss or damage, including but not limited to loss of use, loss of rent, loss of amenity, accommodation expenses, or any other consequential loss.
- The Customer acknowledges that where works are delayed beyond ninety (90) days from approval and site conditions materially change, SealRITE Solutions Pty Ltd shall not be liable for any increased scope, consequential damage, or additional rectification costs arising from such delay.
- Nothing in these Terms and Conditions excludes, restricts, or modifies any non-excludable rights or remedies available to the Customer under the Australian Consumer Law or applicable statutory warranties.
15. Existing Conditions, Hidden Services & Remedial Works Liability Exclusions
The Customer acknowledges that remedial works, including but not limited to regrouting, waterproofing, tiling repairs, and associated demolition, may involve the removal or disturbance of existing tiles, flooring, bedding, grout (including cement-based and epoxy grouts), wall linings, fixtures, or other materials, which can expose concealed conditions, defects, or service installations that were not reasonably visible or known at the time of quotation.
SealRITE Solutions Pty Ltd will take reasonable care and perform the works with due care and skill and in accordance with accepted industry practices for remedial works. However, the Customer acknowledges that remedial works inherently carry foreseeable risks due to factors outside SealRITE Solutions Pty Ltd’s control, including but not limited to the age, condition, composition, thickness, installation method, substrate support, grout hardness, prior repairs, movement, or deterioration of existing materials.
Without limiting the generality of the above, the Customer acknowledges and agrees that during regrouting works, the removal of existing grout is a necessary remedial process and that tiles may chip, crack, fracture, loosen, or become damaged during the grout removal stage, even where reasonable care and skill are exercised.
To the extent permitted by law and provided SealRITE Solutions Pty Ltd has exercised due care and skill, SealRITE Solutions Pty Ltd shall not be held responsible or liable for damage, faults, or consequential loss arising as a direct result of the necessary removal of existing grout or other materials during remedial works.
Without limitation, SealRITE Solutions Pty Ltd will not be liable for;
(a) electrical faults or damage to underfloor heating systems located within or beneath the shower tray, floor screed,
or bathroom floor area;
(b) damage to water pipes that have been installed within the shower / bathroom floor or bedding and are not encased
within the structural slab as required under Australian Standards, which may be damaged during demolition, drilling, or
removal of existing tiles;
(c) cracking, movement, or damage to tiles, walls, architraves, skirtings, paintwork, membranes, or adjacent areas caused by
vibration, substrate movement, or the condition of existing materials outside SealRITE Solutions Pty Ltd control.
The Customer / Client acknowledges that these risks are inherent in remedial repair works and, by approving the quotation and authorising the works to proceed, expressly accepts these risks.
Any additional works required as a result of such damage, including tile replacement, reinstallation, or associated rectification works, fall outside the original scope and will be treated as a variation to the original quotation and quoted separately, unless otherwise agreed in writing.
For clarity, nothing in this clause excludes, restricts, or modifies any non-excludable rights or remedies available to the Customer under the Australian Consumer Law or applicable statutory warranties.
15.1 Shower Screens – Removal, Reinstallation & Liability
Where shower screens are required to be removed to facilitate remedial works, SealRITE Solutions Pty Ltd will exercise due care and skill in the removal and refitting of the existing shower screen only.
For clarity, SealRITE Solutions Pty Ltd does not contract to supply, repair, redesign, upgrade, modify, or warrant the performance of any existing shower screen unless expressly agreed in writing.
The Customer acknowledges and agrees that:
- existing shower screens may be aged, worn, corroded, misaligned, or previously installed incorrectly;
- seals, pivots, rollers, hinges, brackets, channels, frames and fixings are subject to wear and deterioration over time;
- original installation tolerances may not align with corrected tile levels, new falls, substrate adjustments or compliance works;
- reinstallation may expose pre-existing defects or weaknesses not apparent prior to removal;
- minor alignment differences, operational stiffness, door swing variation or aesthetic changes may occur following refitting.
SealRITE Solutions Pty Ltd will refit the existing shower screen where reasonably practicable. However, SealRITE Solutions Pty Ltd does not guarantee that an existing shower screen can be successfully reinstalled, made watertight, or made compliant where:
- the screen or hardware is aged, damaged or structurally compromised;
- corrosion, fatigue or prior installation defects are present;
- new tile heights, gradients, screed corrections or substrate levelling alter the original fit;
- the screen design is incompatible with rectified falls or compliant waterproofing detailing.
SealRITE Solutions Pty Ltd shall not be liable for:
- leaks originating from the shower screen assembly or screen-to-tile junction where the screen is reused;
- failure of existing seals or hardware;
- water escape resulting from design limitations of the original screen;
- the need for specialist adjustment, redesign or replacement.
SealRITE Solutions Pty Ltd provides no warranty on existing shower screens or associated hardware unless expressly included within the written scope of works.
Where reinstallation is not reasonably achievable, or specialist alignment or compliance adjustments are required, the engagement of a licensed shower screen contractor shall be the responsibility of the Customer and treated as outside the scope of SealRITE Solutions Pty Ltd’s Works.
Nothing in this clause excludes, restricts or modifies any non-excludable rights under the Australian Consumer Law.
16. Tile & Material Disclaimer
- Tile matching is not guaranteed.
- Natural variation may occur in tile batches.
- Grout lines, colour, and finish may differ from existing installations.
- Existing tiles may chip or crack during remedial works, particularly if they are hollow, drummy, or brittle.
17. Ownership of Goods
All goods supplied remain the property of SealRITE until full payment is received.
SealRITE reserves the right to reclaim materials or withhold warranty if payment remains outstanding.
18. Cancellations
- A cancellation fee may apply if works are cancelled within 48 hours of the scheduled commencement date.
- Deposits are non-refundable once materials have been ordered or works scheduled.
19. Privacy
SealRITE collects and stores client information in accordance with the Privacy Act 1988 (Cth) for the purpose of providing services, processing payments, and warranty records.
20. Governing Law
These Terms and Conditions are governed by the laws of New South Wales, Australia. Any disputes shall be resolved in the jurisdiction of NSW courts or tribunals.
21. Contact
SealRITE Solutions Pty Ltd
ABN 25 612 250 021 | Licence No. 302767C
📍 Caringbah NSW 2229
📞 1300 123 008
📧 info@sealritesolutions.com.au
🌐 www.sealritesolutions.com.au
