Terms & Conditions

All work is quoted on the basis of the following conditions unless specifically excluded or modified above:

1. “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Contractor to provide the Works as specified in any proposal, quotation, order, invoice or other documentation, and:
   1. if there is more than one Client, is a reference to each Client jointly and severally; and
   2. if the Client is a partnership, it shall bind each partner jointly and severally; and
   3. if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
   4. includes the Client’s executors, administrators, successors and permitted assigns
2. “Contractor” means A & I Composites Pty Ltd (trading as Allied Finishes) its successors or any person acting on behalf of and with the authority of A & I Composites Pty Ltd
3. “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
4. “Works” means all Works (including consultation, manufacturing and/or installation services) or Materials supplied by the Contractor to the Client at the Client’s request from time to time.
5. “Site” or “Worksite” means the address nominated by the Client to which the Works must be carried out or to which the Materials are to be supplied by the contractor.
6. “Confidential Information” means information of a confidential nature oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications (including credit history) and pricing details.
7. “Quotation” means the estimated price of the Works.
8. “Price” means the Price payable (plus any GST where applicable) for the Works as agreed between the Contractor and the Client.
9. “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of any Works.
2. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

1. The Works’ commencement date will be arranged by the Contractor with the Client’s knowledge and consent.
2. It is the intention of the Contractor and agreed by the Client that:
   1. The Client shall ensure that the Contractor has clear and free access to the Worksite at all times to enable them to undertake the Works (including carrying out Worksite inspections, gain signatures for required documents, and for the delivery and installation of the Materials). The Contractor shall not be liable for any loss or damage to the Worksite (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the Contractor; and
   2. It is the Client’s responsibility to provide the Contractor, while at the Worksite, with adequate access to available water, electricity, toilet and washing facilities
3. The Client agrees to the following Site conditions – before, during and immediately after the Works
   1. The floors to be treated must be dry, and leaking plumbing fittings must be stopped. Moisture/dampness in the floor will likely compromise long term adhesion, while exposure to water during curing will mark and compromise the coating. In the event that either of the above water scenarios cannot be managed, the Client accepts the risks involved should the coating work proceed.
   2. Where the Contractor’s scope of Works includes removal of any existing flooring, it is assumed that the substrate is sound and free of any structural or material issues (such as asbestos). Should the substrate contain any such issues, additional fees (as set out under Price, Payment & Fees) will be assessed and discussed with the Client.
   3. The Contractor is not responsible for the removal of rubbish from or clean-up of the building/construction Worksite/s. All rubbish generated by the Contractor will be placed in a designated areas appointed by the Client but the responsibility of removal of same is the Client or the Client’s agent, unless otherwise agreed.
   4. The Contractor must be given exclusive access to the areas being coated during Works, including preparation, coating, and curing of the floor or coating
   5. For the Works to be carried out, the Contractor is dependent on there being sufficient lighting and electrical supply (32 amp 3 phase and 240V) to complete a quality job, available at the time of the works commencing and for the duration of works.
   6. The ambient temperature and the temperature of the floor must be above 8º Celsius, and humidity must not be higher than 85% relative humidity unless otherwise noted and agreed to by both the Contractor and the Client.
   7. While all attempts will be made to contain dust during installation some dust will still be generated. It is the Client’s responsibility to ensure equipment or similar that may be affected by dust be adequately covered. Many smoke detectors are very sensitive to and may be triggered by concrete dust. It is the Clients’ responsibility to advise emergency services of this possibility so that false emergency response costs are not incurred.
   8. Any machines, stock, plant, or equipment that can be moved should be temporarily relocated prior to the works commencing
   9. Any special purpose materials or conveyance equipment that may be required such as, but not limited to, forklifts or similar machinery will be provided by the client
   10. Any existing floor coverings such as vinyl or tiles are to be removed by others unless specified otherwise in our Quotation
   11. The Works do not cover the rectification of areas of ponding or negative fall other than where specifically detailed in writing and agreed to by the Contractor. The installed floor will reflect the existing substrate surface, and should not be seen as a rectification or levelling treatment for pre-existing drainage or ponding problems unless otherwise agreed. Please note that floors require a minimum gradient of 1: 100 to ensure water will adequately fall to a floor waste or collection point. Please do not proceed with the Works if you do not thoroughly understand the above statement.
   12. The intent or purpose of floors laid and finishes applied by the Contractor will typically answer to a specific requirement that the Client has expressed. As aesthetics are rarely a priority, Works successful completion cannot be judged based on this.
   13. Repairs or rectification of surfaces (including, but not limited to; patching, indentations, damage, or joints) will be charged in addition to the quoted price unless stated in the quotation. All finished surfaces are to be protected by others against damage, additional charges will apply for Works needing repair or further preparations if damaged by others.
4. The Client will ensure that if more than one area or room is involved in the project, they will all be available simultaneously.
5. The Client agrees to be present at the Worksite when and as reasonably requested by the Contractor and its employees, contractors and/or agents.

1. The Contractor will provide the Client an estimate, either orally or written, for when the floor will be ready for traffic and washdown. If the Client, or a representative of the Client washes down the floor prior to the floor curing, the coating will discolour and will be damaged. The Client will be responsible for the damage, and liable for the cost of reworks.
2. As the flooring Works are laid in situ, some grinding, rolling and trowelling marks may be apparent in some lights. These marks are not defects, and in no way detract from the practical life of the floor.
3. The Contractor supplies and installs slip resistant flooring surfaces. However, the responsibility for the safety and well-being of persons walking or working on the floors laid by the Contractor is the Client’s responsibility.
4. Hydrostatic pressure (or sub-surface moisture/ rising damp) is an issue that can arise where the concrete slab has a higher than usual level of retained moisture. This can lead to blistering and delamination of the applied floor coatings. This issue is fundamentally a structural one, and is the responsibility of the Client to manage.
5. While the Contractor’s coating and flooring systems are typically hard and impact resistant, and typically won’t develop any tension cracks, however if the substrate is over unstable ground, movement and subsequent cracking of the slab will carry through and be visible on the coated floor. Similarly, differential movement between walls and floor may sometimes cause cracks to appear in the coving, and can lead to localized failure of the floor. Any such movement is the responsibility of the Client unless specifically addressed otherwise.

1. The Client acknowledges and accepts that where the Client has postponed or delayed the Works, the Contractor must be notified within thirty-six (36) hours of the proposed commencement date as agreed to between both parties. Where such notice is received inside this timeframe, the Contractor reserves the right to charge the Client a fee (as set out under Price, Payment & Fees) for the delay in the commencement of the Works.
2. Further to the above point, the Contractor reserves the right to charge the Client a fee (as set out under Price, Payment & Fees) for any stand down time which occurs at the Worksite due to no fault of the Contractor (including, but not limited to; other trades operating, production overruns, cleaning being carried out).
3. The Contractor may claim an extension of time (by giving the Client written or oral notice) where completion is delayed by an event beyond the Contractor’s control, including but not limited to any failure by the Client to:
   1. make a selection (including, but not limited to; flooring colour, non-slip grade, flooring thickness, drainage size or other specifications, any other material selections, or service selections); or
   2. have the Worksite ready for the Works; or
   3. notify the Contractor that the Worksite is ready
4. The Contractor may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
5. Any time specified by the Contractor for delivery of the Works is an estimate only and the Contractor will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Works to be supplied at the time and place as was arranged between both parties. In the event that the Contractor is unable to supply the Works as agreed solely due to any action or inaction of the Client, then the Contractor shall be entitled to charge a reasonable fee for re-supplying the Works at a later time and date, and/or for storage of the Materials.

1. The Client acknowledges and accepts that the Contractor shall, without prejudice accept no liability in respect of any asserted or actual error(s) and/or omission(s):
   1. Resulting from an inadvertent mistake made by the Contractor in the formation and/or administration of this Contract; and/or
   2. Contained in/omitted from any literature (hard copy and/or electronic) supplied by the Contractor in respect of the Works.
2. In the event such an error and/or omission occurs, and is not attributable to the negligence and/or willful misconduct of the Contractor; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.

1. The Client shall give the Contractor no less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by the Contractor as a result of the Client’s failure to comply with this clause.

1. At the Contractor’s sole discretion, the Price shall be either:
   1. as indicated on invoices provided by the Contractor to the Client in respect of Works performed or Materials supplied; or
   2. the Price as at the date of delivery of the Works according to the Contractor’s current price list; or
   3. the Contractor’s quoted Price which shall be binding upon the Contractor provided that the Client shall accept the Contractor’s quotation in writing within ninety (90) days.
2. The Contractor reserves the right to change the Price:
   1. if a variation to the Materials which are to be supplied is requested; or
   2. if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or
   3. where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather, limitations to accessing the Worksite, obscured building/Worksite defects, sub floor condition, incorrect measurements, plans and/or specifications provided by the Client, safety considerations (discovery of asbestos, etc.), prerequisite work by any third party not being completed, lack of required utilities, remedial work required due to existing workmanship being of a poor quality or non- compliant to the building code, stock availability, etc.) which are only discovered on commencement of the Works; or
   4. in the event of increases to the Contractor in the cost of labour or Materials which are beyond the Contractor’s control.
3. The Price for the Works will be payable by the Client on the date/s determined by the Contractor, which may be:
   1. on completion of the Works; or
   2. by way of progress payments in accordance with the Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any materials delivered to the worksite, not yet installed; or
   3. thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
   4. the date specified on any invoice or other form as being the date for payment; or
   5. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Contractor.
4. Payment may be made by bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and the Contractor.
5. The Contractor may in its discretion allocate any payment received from the Client towards any invoice that the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of the Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials.
6. The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute.
7. Unless otherwise stated the Price does not include GST. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
8. Fees
   1. As set out under various points in this document, the Contractor reserves the right to charge a fee for challenges posed by the Client due to not fault of the Contractor. This includes, but is not limited to; the Client postponing the Works within 36 hours of the start time, delays due to other trades operating, production overruns, cleaning taking place, etc.
   2. The Contractor reserves the right to charge a minimum of $105/hour per man for normal time, and $130/hour per man for overtime. Equipment and services, either hired or the Contractor’s property, will be charged at the quoted rate per hour delayed.

1. The Contractor reserves the right to only proceed with agreed variations to the scope of Works upon receipt of written instructions from the client. The Price of any variation will be in addition to the quoted Price.

1. During the Client’s contract with the Contractor and during a period of two years following the date of contract termination with the Contractor, the Client will not, directly or indirectly, through any “person” (which, for purposes of this section, shall mean an individual, a corporation, a partnership, an association, a joint-stock company, a trust, any unincorporated organization, or a government or political subdivision thereof);
   1. Hire or attempt to hire any employee of the Contractor or any affiliate of the Contractor or any person who was an employee of the Contractor or any affiliate of the Contractor at any time during the twelve months immediately prior to the termination of Client’s contract with the Contractor, assist in such hiring by any other person, encourage any such employee to terminate his relationship with the Contractor or any affiliate of the Contractor
   2. Directly or indirectly, request or cause customers, suppliers or other parties with whom the Contractor or any of its affiliates has a business relationship to cancel or terminate any such business relationship with the Contractor or any of its affiliates; and
   3. Solicit from a customer of the Contractor or its affiliates any business which is competing with or related to the business of the Contractor or its affiliates, or with the products or services of the Contractor or its affiliates.

1. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
2. These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales in which the Contractor has its principal place of business, and are subject to the jurisdiction of the Parramatta courts in that state.
3. The Contractor shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions (alternatively the Contractor’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).
4. The Contractor may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
5. The Client cannot licence or assign without the written approval of the Contractor.
6. The Contractor may elect to subcontract out any part of the Works but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Contractor’s sub-contractors without the authority of the Contractor.
7. The Client agrees that the Contractor may amend their terms and conditions at any given time, and it is the Client’s responsibility to ensure they are aware of the updated terms and conditions, which will be available on the Contractor’s website.
8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
9. Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.