Workmanship and Service Guarantee

DAMCAT LABS Pty Ltd T/as Restore Revamp Repair (DCL) provides customers with a guarantee on all workmanship and services performed by DCL, covering the labour component on any job. This guarantee is valid for three months after the job completion date (as specified on your DCL Tax Invoice). All materials, products, and parts used for each project are covered by their individual product warranty and, unless able to pass on any third party warranties, DCL accepts no liability for, or on behalf of third-party product manufacturers. DCL will endeavour to use high quality endorsed and certified products; and wherever possible, encourage customers to select from a range of suitable product options presented to them.

GENERAL TERMS AND CONDITIONS OF TRADE

1.Contract of Engagement

1.1: By engaging DAMCAT LABS Pty Ltd T/as Restore Revamp Repair (“DCL”) to perform services and/or supply materials (“Goods”), you (“the Customer”) agree to be bound by the following terms and conditions.

1.2: Where more than one client has entered into this agreement, the clients shall be jointly and severally liable for all payments due to DCL.

2.Warranty and liability

2.1: The Customer agrees that it must within seven days of the date of delivery or completion of the works, give written notice to DCL, with particulars of any claim that the works are defective or not by the agreement between the DCL staff representative and the Customer. If the Customer fails to give such notice within the said period, then to the full extent permitted by law, the works are deemed to have been accepted by the Customer, and all claims by the Customer against DCL for the works are extinguished, and the Customer must pay DCL for the works.

2.2: In the event of the Customer being reasonably unsatisfied with the works completed, the Customer agrees to allow DCL the opportunity to rectify the said works. Where the Customer refuses or otherwise prevents DCL from rectifying the works within seven days of advising DCL in writing of the particulars of any defect, to the full extent permitted by law, DCL shall not be liable to the Customer, and the Customer must pay all invoices in full to DCL.

2.3: The Customer expressly acknowledges and agrees that it has not relied upon, and DCL are not liable for any advice given by DCL, its servants, agents, representatives or employees about the suitability for any purposes of the works.

2.4: To the full extent permitted by law, all conditions, warranties, and representations express or implied by statute, common law or otherwise in relation to the works are hereby excluded, and to the full extent permitted by law, DCL will be under no liability to the Customer for any damages (including but not limited to incidental, special, consequential or general damages) in connection with or arising out of the supply or use of the works howsoever arising, even if due to DCL’s negligence, or the negligence of DCL servants, agents, sub-contractors or suppliers.

2.5: These terms and conditions do not affect the rights, entitlements, and remedies compulsorily conferred on the Customer under the Competition and Consumer Act 2010 and other statutes, rules or regulations for the time being in force, and nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.

2.6: If liability cannot be excluded, to the fullest extent permitted by law, DCL’s liability to the Customer shall be restricted at DCL’s option to a refund of the invoiced amounts paid by the Customer to DCL, or replacement of the works.

3.Retention of Title

3.1: DCL will retain title to (but not risk in) Goods delivered to the Customer or installed on behalf of the Customer until DCL has received full payment for them and all other sums owing to it by the Customer.

3.2: DCL’s right to retain title does not affect its rights as an unpaid service provider.

3.3: If the Customer, fails to make any payment to DCL when due, DCL is entitled, and the Customer grants DCL a license, to enter the Customer’s premises and land where the Goods are situated with or without notice and to re-take possession of and remove, at the Customer’s cost and expenses, the Goods in respect of which title has not passed to the Customer. DCL shall be entitled to use the Customer’s name and to act on the Customer’s behalf in exercising these rights and is not liable for any costs, losses, damages or other expenses suffered by the Customer or any third party in respect of DCL’s retaking possession and removing of Goods. The Customer acknowledges that DCL is entitled to remove the Goods even if such removal would result in damage to a structure and the Customer acknowledges that DCL will not be liable to the Customer for such damage, howsoever arising.

4.Payment of deposits and accounts

4.1: A deposit payment of minimum 20% is required to be paid by the client to DCL’s nominated bank account at the time of job booking and must be received before any works commence. Materials cost shall be paid upfront before the commencement of any works.

4.2: Unless otherwise agreed in writing, the Customer must pay the invoices for all Goods and Services (collectively known as “the works”) and any other charges as invoiced, at the time that the invoice is issued to the Customer, which is normally immediately upon job completion. The Customer must pay all invoices in full.

4.3: Unless otherwise agreed, full payment must be received and cleared in DCL’s nominated bank account within seven days of the due date as specified on the invoice. Late payment fees shall be applied to all overdue accounts. Late fees shall be calculated at +0.1% of the total balance owing per day overdue, beginning seven days from invoice due date. A $25 Late Payment fee will be applied to all invoices more than 30 days in arrears

4.4: The Client shall not be entitled to set off against or deduct from the total of the invoiced amount any sums owed or claimed to be owed to the Client for DCL

4.5: Should the client wish to claim any such adjustment to be made to the amount owed to DCL by the Client, written notification of such claim must be received by DCL within seven days of invoice due date. Should an adjustment request be accepted by DCL, a new revised invoice will be issued by DCL to the client, and written notification will be made by DCL to the client making void the original invoice. Unless such written communication is made by DCL confirmation adjustment/revision of the invoiced amount, the original invoice remains intact, and the client is liable to pay the full amount of the original invoice within seven days or receiving written notification from DCL regarding the outcome of the Client’s invoice adjustment claim request. Late payment fees may be applied to the outstanding account from this date forward by provision 4.3 of this document.

4.6: If the Customer, fails to make any payment to DCL when due, the Customer agrees to pay all DCL’s costs of recovering or attempting to recover from the Customer all outstanding fees, including any mercantile agent’s costs and legal costs on a full indemnity basis.

5.Cancellation of scheduled works

5.1: DCL may cancel this contract at any time before the delivery of goods or services by giving written notice issued via email. DCL shall not be liable for any loss or damage whatsoever arising from such cancellation.

5.2: The Client may cancel the Works within five days of appointing DCL to undertake the work subject to a cancellation fee 20% of the total value of the “Works” as specified on the approved quote.

5.3: A refund of deposit amount paid by the Client to DCL for any cancellation of scheduled “Works”; may or may not be returned to the client at the sole discretion of DCL or its agents, employees, suppliers or subcontractors.

5.4: If the client wishes to cancel the scheduled “Works,” then the Client shall be liable for all reasonable costs incurred by DCL up to the time of, or as a direct result of the cancellation.

6.General

6.1: These terms and conditions will be governed by the laws of the state of South Australia and the parties submit to the jurisdiction of this state.

6.2: If any provision of this Agreement is judged invalid, void, illegal or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.

6.3: DCL shall be under no liability whatsoever to the Client for any indirect loss and expense (including loss of profit) suffered by the Client arising out of a breach by DCL of this contract.

6.4: These terms and conditions constitute the entire agreement between the parties.