★★★★  Over 30+ Years Experience

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.

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.
  • 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 & Scope

  • All quotations are valid for 30 days from the date of issue.
  • Quotations are based on information available at the time of inspection and may be subject to change if concealed conditions are discovered.
  • Works outside the quoted scope will be treated as variations and charged accordingly.
  • If the Customer instructs SealRITE to proceed with additional works, the Customer accepts responsibility for any additional costs incurred.

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.

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 work or refuse warranty claims where invoices remain unpaid.

7. Access & Site Conditions

  • The Customer must provide clear, safe, and uninterrupted access to the work area.
  • 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.
  • 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 must ensure tiles and other materials are on site prior to commencement.
  • The Customer is responsible for ensuring adequate drainage and structure to support the works.
  • SealRITE is not responsible for any delays due to customer-supplied materials or third-party contractors.

10. Warranties

10.1 Workmanship Warranty

  • 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.

10.2 Materials Warranty

  • SealRITE are covered by the manufacturer’s warranty, subject to their terms and conditions.

10.3 Exclusions

  • Damage caused by building movement, structural failure, external leaks, natural disasters, or lack of maintenance is not covered.
  • Failure caused by existing conditions outside SealRITE’s scope (e.g., plumbing leaks, failed membranes behind non-renovated areas) is excluded.
  • Warranties are void if invoices are unpaid or works are tampered with by others.

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’s liability is limited to the cost of rectifying defective work.
  • SealRITE is not liable for consequential losses, loss of use, or indirect damages.
  • Nothing in these terms limits rights under Australian Consumer Law.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. Contact

SealRITE Solutions Pty Ltd

ABN 25 612 250 021 | Licence No. 302767C
📍 Caringbah NSW 2229
📞 1300 356 703
📧 info@sealritesolutions.com.au
🌐 www.sealritesolutions.com.au