Terms & Conditions

PERTH TLC GROUP – TERMS + CONDITIONS

The following terms and conditions are the Terms and Conditions upon which Perth TLC Group (ABN 56088308528) and any person acting on its behalf and with its authority (“PTLCG”) will provide home improvement services to any person, business or corporation that engages PTLCG to provide home improvement services, including the person, business or corporation named or represented by the person, business or corporation named on the quote provided by PTLCG (“Client”).

1. BASIS OF TERMS AND CONDITIONS
The Client agrees that prior to placing an order with PTLCG, the Client has read and agreed to the terms and conditions as set out hereunder. “Work” means the services provided by PTLCG, including without limitation the services specified in the quote and the installation of any Goods but does not include any services specified as excluded in the quote. “Goods” mean products and associated components as more particularly described on PTLCG quotes, tax invoices and other paperwork supplied to the Client. “Site” means the place with PTLCG’s work will be carried out. “Australian Consumer Law” means the Australian Consumer Law set out in scheduled 2 of the Competition & Consumer Act 2010 (Cth) as amended from time to time.

2. QUOTES

2.1 Acceptance by the Client

a) Where PTLCG has given the Client a quote, PTLCG need not commence work until the quote has been accepted by the Client.

b) The Client shall accept the quote in writing via email or signed true copy of the work. A signed scanned copy of the quote will be binding for the purposes of these terms and conditions.

c) Quote are valid for thirty (30) days only, unless an extension has been authorised by PTLCG.

d) In acceptance of the quote, the Client warrants that it has not relied on any representation by PTLCG other than as supplied in writing in the quote.

e) By accepting this quote the client is aware the pricing is subject to material price increases. If the quote is accepted the client will be notified immediately if there is an increase in material costs.

3. VARIATIONS

3.1 Variations to an accepted quote or contractor will incur additional costs to the Client.

3.2 The services described in the quote are based on PTLCG’s visual inspection only. If additional unforseen/work is required once works have commenced PTLCG will immediately notify the Client to gain approval to proceed.

3.3 Variations to these Terms and Conditions cannot be varied or amended unless both parties have agreed in writing.

4. CANCELLATION
The Client shall reimburse PTLCG for any costs, expenses or losses incurred by PTLCG should the Client cancel an accepted quote or work authorisation. The time for payment for such cancellation shall be seven (7) days from PTLCG’s invoice.

5. PROLONGATION
Should Work at the site be held up for reasons beyond PTLCG’s control, then the Client shall indemnify PTLCG from any increased costs, losses or expenses due to such prolongation.

6. DELIVERY OF GOODS

6.1 Delivery of the Goods shall be made to the Client’s nominated address. The client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Delivery of Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purpose of this agreement. The failure of PTLCG to deliver shall not entitle either party to treat this contract as repudiated. PTLCG shall not be liable for any loss or damage whatever due to the failure by PTLCG to deliver the Good (or any part of them) promptly or at all.

6.2 The Client shall indemnify PTLCG from any costs incurred should Site access not be available and subsequently PTLCG is unable to make delivery.

7. SITE ACCESS

7.1 The Client shall ensure that PTLCG has clear and uninterrupted access to the Site until the Work has been completed and PTLCG is paid in full.

7.2 The Client shall indemnify PTLCG from additional costs or penalties if the completion of the Work is delayed due to interrupted Site access.

8. RISK
The risk in the Goods shall pass to the Client upon delivery/installation of the Goods to the Client or to a third party nominated by the Client.

9. PAYMENT

9.1 Time for Payment
The Client must, within the time specified in PTLCG’s quote and/or work authorisation form, pay PTLCG the total amount set out in the invoice.

9.2 Deposit
PTLCG may require a deposit from the Client, and if a deposit is so requested by PTLCG the Client acknowledges PTLCG is under no obligation to undertake any Work as requested by the Client until the deposit is received by PTLCG in full and when all details pertaining to contract are finalised. In the event of default as to payment owing to PTLCG on the part of the Client, PTLCG shall be entitled to forfeit the deposit and claim any profit or margin contemplated by or allowed for in contract in addition to any remedy available to PTLCG at law or in equity.

9.3 Progress Payments
When agreed progress payments are not honoured by the Client, PTLCG reserves the right to halt any further work until such time as the outstanding payment is forthcoming. In addition, interest (as specified in 9.6) may be charged.

9.4 Do and Charge
The hourly rate for “Do and Charge” work may change should PTLCG hit a major obstacle including but not limited to the need for hiring special equipment and if necessary an operator to complete the work. The Client shall be responsible for all costs and expenses associated with such a hire and daily hire rate shall apply.

9.5 Interest
PTLCG may charge interest at the rate of two percent (2%) above the commercial lending rate of PTLCG’s bank or financial institution calculated on a daily basis on amounts not paid within the time specified in the agreed quote and/or work authorisation form.

9.6 Damages
The Client must pay PTLCG any costs, expenses or losses incurred by PTLCG as a result of the Clients failure to pay to PTLCG all sums outstanding as owed by the Client to PTLCG including but without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.

9.7 PTLCG Indemnity

The Client shall:

a) sign off that the work has been completed by PTLCG in accordance with the quote or work authorisation form.

10. RETENTION OF TITLE

10.1 Title
Notwithstanding the delivery or installation of the Goods, title in any particular Goods shall remain with PTLCG Until the Client has paid and discharged any and all monies owing pursuant to any invoie issued by PTLCG For the Goods, including all applicable GST and other taxes, levies and duties, Where the goods have been onsold by the Client, the Client will be taken to hold the proceeds of saler of such Goods upon trust for PTLCG and to account to PTLCG for these proceeds.

Any payment made by or on behalf of the Client which is later avoided by the application of any statutory provision shall be deemed not to discharge PTLCG’s title in the Goods nor the Client’s indebtedness to PTLCG and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.

10.2 Bailment
The Client acknowledges that it is in possession of the Goods solely as Bailee until payment of all invoices for the Goods is made pursuant to clause 10.1 and until that time:

a) The Client must not encumber or otherwise charge the Goods; and b) the Client shall be fully responsible for any loss or damage to the

Goods whatsoever and howsoever caused following delivery or installation of the Goods to the Client.

10.3 Repossession
The Client hereby irrevocably grants to PTLCG the right, at its sole discretion to remove or repossess any Goods from the Client and sell or dispose of them, and PTLCG shall not be liable to the Client or any person claiming through the Client and PTLCG shall be entitled to retain the proceeds of any Goods Sol and apply same towards the Client’s indebtedness to PTLCG. If the Client commits an act of bankruptcy, enters into any form of administration or liquidation, makes and composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreements, the PTLCG may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Client on any account which has not been paid in accordance with the terms and conditions herein and commence proceedings to recover the balance of any monies owing PTLCG by the Client.

11. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)

11.1 In this clause, the following terms have the respective meanings given to them in the PPSA. Security Interest, Purchase Money Security Interest and Personal Property Security Register (“PPSR”).

11.2 When PTLCG supplied the Goods to the Client, this gives rise to a Security Interest the Goods in favour or PTLCG, being a Purchase Money Security Interest. PTLCG can register any Security Interest derived from the Goods on the PPSA in any manner that it chooses. The Client must provide PTLCG with any information that it requires in order to effect registration with PPSR. In respect of section 157(3) of the PPSA, the Client unconditionally waives its right to receive any notice from PTLCG in connection with the registration of a Security Interest by PTLCG. The Client agrees that until title to the Goods passes to it that the Goods are not a fixture to the land.

12. WARRANTY

12.1 Any warranty as to the Goods on the part of the Client shall be limited to the written warranty provided by the manufacturer to the Client on or before installation of the Goods.

12.2 PTLCG reserves the right to make null and void the warranty should the Goods be modified, altered, damaged or put to any undue stress other than in the way the Goods were designed to perform.

12.3 PTLCG shall not provide warranty on Goods supplied by the Client to be used in the Work by PTLCG.

12.4 In respect of all claims PTLCG shall not be liable to compensate the Client for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Client’s claim.

13. LIABILITY

13.1 Non-excludable Rights
The parties acknowledge that under the Australian Consumer Law, certain conditions and warranties may be implied in these Terms and Conditions and there are right and remedies conferred on the Client in relation to the provision of the goods and services which cannot be excluded, restricted or modified by the Agreement (“Non-excludable Rights”).

13.2 Disclaimer of Liability
PTLCG disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Client, by statue, the common law equity, trade, custom or usage or otherwise and all those conditions and warranties and all those right and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of PTLCG for a breach of a Non-excludable Right is limited, at PTLCG’s option, to the supply of the Goods and/or any Works again or payment of the cost of having the Goods and/or Works supplied again.

13.3 Indirect Losses
Notwithstanding any other provision of these Terms and Conditions, PTLCG is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Client for:

a) Any increased costs or expenses;

b) Any loss of profit, revenue, business, contractors or anticipated savings;

c) Any loss or expense resulting from a claim by a third party; or

d) Any special, indirect or consequential loss of damage of any nature whatsoever caused by PTLCG’S failure to complete or delay in delivering the Good’s or completed work.

13.4 Force Majeure
PTLCG will have no liability to the Client in relation to any loss, damage or expense caused by PTLCG’s failure to deliver the Goods or complete the Work as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of PTLCG’s normal supplier to supply necessary material or any other matter beyond PTLCG’s control.

14. PRIVACY

14.1 The Client hereby authorises PTLCG to collect, retain, record, use and disclose consumer and/or commercial information about the Client, in accordance with the Privacy Act 1988 (Cth) as amended from time to time, to persons and/or legal entities who are a solicitor or any other professional consult engaged by PTLCG, a debt collector, credit reporting agency and/or any other individual or organisation which maintenance credit references and/or default listings.

14.2 PTLCG may give information about the Client to a credit reporting agency for the purposes of obtaining consumer and commercial credit report and/or lodging consumer and commercial defaults on the Client’s credit file. This information may be given before, during or after the provision of credit to the Client and will be in accordance with the Privacy Act 1988 and subsequent amendments.

15. SECURITY & CHARGE
The Client hereby charges all property both equitable and legal, present or future of the Client in respect of any monies that may be owing by the Client to PTLCG under the terms and conditions or otherwise and hereby authorises PTLCG or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Client at any time.

16. GENERAL MATTERS

16.1 Paint Colours
Exact paint colour needs to be provided by the Client. If the exact paint colour is not provided by the Client then PTLCG will attempt to match as close as possible to the existing colour. PTLCG will not be responsible for wrong colour match if colour cannot be provided by the Client.

16.2 Tiles
Exact tile colour and profile needs to be provided by the Client. If the exact colour and profile is not provided by the Client then PTLCG will attempt to match as close as possible to the existing colour and profile. PTLCG will not be responsible for wrong colour or profile match if colour or profile cannot be provided by the Client.

16.3 Bricks
Exact brick colour and profile needs to be provided by the Client. If the exact colour and profile is not provided by the Client then PTLCG will attempt to match as close as possible to the existing colour and profile. PTLCG will not be responsible for wrong colour or profile match if colour or profile cannot be provided by the Client.

16.4 Paving
Exact paving colour and profile needs to be provided by the Client. If the exact colour and profile is not provided by the Client then PTLCG will attempt to match as close as possible to the existing colour and profile. PTLCG will not be responsible for wrong colour or profile match if colour or profile cannot be provided by the Client.

16.5 Dust
The Client is responsible for the removal of all electrical and valuable belongings prior works commencing. All attempts will be made to keep dust to minimal but we cannot guarantee that the Work area will be dust free. Cleaning services at the cost of the Client may be required after works completed.

16.6 Personal Belongings
The client is responsible for moving all personal items from the work area as specified in the quote.

16.7 Client Supplied Products
PTLCG will not be responsible for the return/replacement of incorrect products supplied by the Client. The Client shall be responsible for all costs and expenses associated incurred by PTLCG in relation to the incorrect supply of products.

16.8 Painting
PTLCG will not carry out patch painting. All painting completed by PTLCG will be corner to corner only.

16.9 Roof Leaks
With any works to repair water leaks there can be a process of elimination and whilst a thorough inspection will be carried out initially TLC cannot guarantee that further assessment will not be required following a rains test. Further visits will incur additional charges.

TERMS + CONDITIONS LAST UPDATED: AUGUST 2024