Terms and Conditions

1. About us

2. Application of these Terms

• 2.1These Terms apply to all quotes, estimates, services and works we provide, and form part of every agreement between us and the Client.
• 2.2You accept these Terms when you do any of the following: accept a quote in writing (including by email); sign a contract or work order that refers to them; pay a deposit or any invoice; or instruct us to begin work. On acceptance, a binding agreement is formed on these Terms.
• 2.3If you are entering into this agreement on behalf of a company, partnership or other entity, you warrant that you are authorised to bind that entity.
• 2.4These Terms do not exclude, restrict or modify any right or remedy that cannot lawfully be excluded under the Home Building Act 1989 (NSW) or the Australian Consumer Law.
• 2.5Where the Works are residential building work for which the Home Building Act requires a written contract, these Terms operate together with that written contract. For such work, before commencing the Works or taking any deposit, we will enter into the written contract required by the Home Building Act and give you the Consumer Building Guide, as required by the Home Building Act. Acceptance by conduct under clause 2.2 (such as paying a deposit or instructing us to begin) does not remove the requirement for that written contract where the Home Building Act requires one.

3. Definitions

• “Works” means the rendering and associated works described in our quote, scope or contract for a project.
• “Site” means the property where the Works are carried out.
• “Contract Price” means the price for the Works or, for day-labour engagements, the charges calculated on a day-rate basis.
• “Variation” means any change to the Works.
• “Business day” means a day other than a Saturday, Sunday or public holiday in New South Wales.
• “Completion” (or practical completion) means when the Works are complete except for minor omissions or minor defects that do not prevent the Works from being reasonably used for their intended purpose.
• “Defects Liability Period” means the period stated in clause 17, being 13 weeks from Completion unless agreed otherwise in writing.
• “Home Building Act” means the Home Building Act 1989 (NSW); “SOP Act” means the Building and Construction Industry Security of Payment Act 1999 (NSW); “WHS Act” means the Work Health and Safety Act 2011 (NSW); “ACL” means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth); and “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

4. Quotes and estimates

• 4.1Quotes are valid for 30 days from their date unless stated otherwise, and may be withdrawn or revised before acceptance.
• 4.2A quote is based on the scope and information available to us at the time, a reasonable visual assessment of the Site, and the substrate being structurally sound and suitable to receive render. It covers only the areas, system and finish described in it.
• 4.3For day-labour engagements, any total we provide is an estimate only and not a cap. The final charge depends on the number of workers supplied and the days worked.
• 4.4Unless stated otherwise, prices are inclusive of GST. Anything not expressly listed in the quote or scope is excluded.

5. Scope of works

• 5.1We carry out only the Works described in the quote, scope or contract for the project. This may include surface preparation, application of render coats and the agreed finish.
• 5.2Unless expressly included, the Works exclude painting, waterproofing, structural repair, crack stitching beyond any stated allowance, scaffolding, and making good the work of other trades.
• 5.3We carry out the Works in a proper and workmanlike manner, in accordance with the National Construction Code, the relevant Australian Standards (including AS 3700 and AS/NZS 2311 where applicable) and the render manufacturer’s specifications.

6. Samples, colours and finishes

• 6.1Before work begins, we define the finish through samples, colour selections and visual approval. The approved sample is the agreed standard for the Works.
• 6.2Rendered and textured finishes are applied by hand using natural materials. Minor variation in colour, texture and tone across an elevation, and between a sample and the finished surface, is a normal characteristic of the work and is not a defect.
• 6.3Where you supply or direct a specific product, colour or system, we are not responsible for the suitability or appearance of that selection.
• 6.4If the Client does not provide written objection to a sample, colour selection or finish within five (5) business days of its presentation to the Client (in person or by written notice, including by email), the sample, colour selection or finish is deemed approved and becomes the agreed standard for the Works.

7. Price, GST and deposit

• 7.1You must pay the Contract Price for the Works. Unless stated otherwise, all amounts are inclusive of GST and we will provide a valid tax invoice.
• 7.2Where a deposit applies, it is payable on acceptance. For residential building work, the deposit will not exceed 10% of the Contract Price, as required by the Home Building Act.
• 7.3Work outside the agreed scope is a Variation under clause 9 and is charged in addition to the Contract Price.

8. Payment

• 8.1The balance of the Contract Price is payable by progress payments that reflect the value of work performed or, for day-labour engagements, by invoices issued in arrears against signed timesheets.
• 8.2Unless stated otherwise, payment is due within 7 business days of each progress claim or invoice. Each claim or invoice is a payment claim under the SOP Act.
• 8.3Overdue amounts accrue interest at the rate prescribed under the SOP Act. We may suspend the Works or the supply of workers, on written notice, while any amount remains overdue.
• 8.4You indemnify us against all reasonable costs of recovering overdue amounts, including reasonable debt collection fees and reasonable legal costs (including, where ordered or agreed, on a solicitor-and-own-client basis), and court filing and enforcement costs.
• 8.5All amounts payable under these Terms must be paid in full without deduction, withholding, counterclaim or set-off, except: (a) to the extent of any amount validly withheld under a payment schedule given under the SOP Act; or (b) as required by law or under a non-excludable right of the Client under the Australian Consumer Law or the Home Building Act. Subject to those exceptions, the existence of a dispute, alleged defect, back charge or claim does not entitle the Client to withhold or reduce payment of any amount properly due and payable.

9. Variations

• 9.1A Variation is any change to the Works, including additions, omissions, or changes to materials, finish or extent.
• 9.2All Variations must be agreed in writing (including by email) before the varied work is carried out, stating the change and any adjustment to the Contract Price and time. We are not obliged to carry out a Variation until it is agreed in writing. Verbal instructions are not Variations.
• 9.3Where work is urgently and reasonably required to protect the Works, the Site, property, materials, equipment or the safety of any person, and it is not reasonably practicable to obtain prior written approval, Super Render may carry out that work and will notify the Client as soon as reasonably practicable. The reasonable and substantiated cost of that work is treated as a Variation and added to the Contract Price.

10. Your obligations

• provide safe, clear and timely access to the Site and work areas during working hours;
• provide reasonable access to power and water at the Site at no cost to us, unless agreed otherwise;
• give accurate information and make timely decisions and selections so the Works are not delayed;
• ensure the substrate is, or is made, structurally sound and suitable to receive render;
• obtain and pay for any development consent, approvals or owners corporation / strata approvals required for the Works; and
• pay us in accordance with these Terms and any contract.

11. Our obligations

• hold and maintain the NSW contractor licence required for the Works;
• perform the Works with due care, skill and diligence, using suitable materials that are good and, unless stated otherwise, new;
• supply the labour, supervision, tools and (unless agreed otherwise) materials necessary for the Works;
• comply with the National Construction Code, applicable Australian Standards and all relevant laws; and
• keep the work areas reasonably clean and remove our waste and surplus materials on completion.

12. Site conditions, substrate, scaffolding and access

• 12.1You warrant that the substrate is, or will be made, structurally sound and suitable to receive render. We are not responsible for defects arising from unsound substrates, building movement, moisture, or the work of other trades, unless caused by us.
• 12.2Scaffolding, edge protection and access equipment are the responsibility of the party stated in the quote or contract. Where the quote or contract is silent, the Client is responsible for providing safe and adequate access, scaffolding and edge protection at no cost to us. Where we rely on access provided by others, we are not liable for delay or defects caused by unsafe or unavailable access.

13. Time, program and delays

• 13.1We will proceed with the Works with due diligence and aim to complete by the date or within the duration stated. Any date or duration is an estimate and is not of the essence unless expressly agreed in writing.
• 13.2We are entitled to a reasonable extension of time for delays beyond our reasonable control, including adverse weather, late or unsafe access, Variations, and late decisions or delays by you or other trades.
• 13.3Render is weather-dependent. We may reasonably suspend application during rain, extreme heat, frost or high wind. Any resulting delay is an excusable delay.
• 13.4If Super Render’s workers, subcontractors or equipment attend the Site and are unable to commence or continue the Works due to circumstances beyond Super Render’s reasonable control, including unavailable access, incomplete preceding trades, unsafe conditions, site closures, delays caused by the Client or other contractors, or lack of required services, Super Render will notify the Client and take reasonable steps to mitigate the cost (including by reasonably redeploying its workers where practicable). To the extent the cost is not mitigated, Super Render may charge reasonable stand-down costs at the day labour rates stated in the quote (or, if not stated, its standard published day labour rates), together with reasonable associated plant, equipment and supervision costs.

14. Work health and safety

• 14.1Each party is a person conducting a business or undertaking (PCBU) under the WHS Act and will comply with its duties. The parties will consult, co-operate and co-ordinate activities on the Site so far as is reasonably practicable.
• 14.2We will provide Safe Work Method Statements for high-risk construction work, ensure our workers use appropriate PPE, and comply with SafeWork NSW requirements (SafeWork NSW: 13 10 50).

15. Insurance

• 15.1We maintain public liability insurance of not less than AU$20,000,000 and workers compensation insurance as required by the Workers Compensation Act 1987 (NSW).
• 15.2Where the Works are residential building work with a contract price over AU$20,000 and you are the owner, we will provide a certificate of insurance under the Home Building Compensation Scheme (icare HBCF) before commencing work or taking any deposit, as required by the Home Building Act.

16. Warranties

• 16.1Where the Works are residential building work, the statutory warranties in section 18B of the Home Building Act are implied into our agreement. In summary, we warrant that the Works will be done with due care and skill and in accordance with the plans and specifications; that materials will be good, suitable and (unless stated otherwise) new; that the Works will comply with the Home Building Act and applicable law; that the Works will be done with due diligence and within the agreed or a reasonable time; and that the Works and materials will be reasonably fit for the specified purpose made known to us.
• 16.2Statutory warranties run for 6 years for a major defect and 2 years for any other defect, from completion of the Works (Home Building Act, s 18E). The guarantees under the ACL also apply and are not excluded.
• 16.3In addition, we warrant our workmanship for the Defects Liability Period in clause 17.
• 16.4Our warranties do not cover defects caused by the substrate, building movement, moisture ingress, your materials or directions, fair wear and tear, or the work of others.
• 16.5The Client acknowledges that rendering systems are applied to existing substrates and building elements that may move over time. Hairline cracking, crazing, minor surface movement, or other cosmetic cracking caused by structural movement, settlement, shrinkage, thermal expansion, moisture movement, vibration or movement of the substrate or building structure does not constitute a defect in the Works, except to the extent it is caused by Super Render’s defective workmanship or materials or by a breach of a statutory warranty under the Home Building Act.

17. Defects and rectification

• 17.1The Defects Liability Period is 13 weeks from completion of the Works, unless agreed otherwise in writing.
• 17.2We will rectify, at our cost, any defect in the Works notified to us in writing during the Defects Liability Period that is due to our workmanship or materials. This does not limit your statutory warranty rights under the Home Building Act or your rights under the ACL.
• 17.3The Defects Liability Period is an administrative rectification period only and does not limit, replace or reduce any statutory warranty rights available under the Home Building Act 1989 (NSW) or any rights available under the Australian Consumer Law.

18. Liability and indemnity

• 18.1Each party is liable for, and indemnifies the other against, loss or damage caused by its own negligence or breach. Nothing in these Terms excludes any right or remedy that cannot be excluded under the Home Building Act or the ACL.
• 18.2To the extent permitted by law, we are not liable for consequential or indirect loss, and our liability is limited to rectifying defective Works or paying the reasonable cost of doing so.
• 18.3To the maximum extent permitted by law, Super Render’s total liability arising out of or in connection with the Works, whether in contract, tort (including negligence), statute or otherwise, shall not exceed the amount of the Contract Price actually paid by the Client. This clause does not apply to, and does not limit, any liability that cannot lawfully be limited or excluded, including the statutory warranties under the Home Building Act, the consumer guarantees under the Australian Consumer Law, and liability for death or personal injury caused by our negligence.

19. Security of payment

• 19.1We are entitled to progress payments under the SOP Act. Where we serve a payment claim, you must respond with a payment schedule within 5 business days; failing which you become liable to pay the claimed amount. We may apply for adjudication under the SOP Act if a payment dispute arises.
• 19.2The SOP Act payment-claim regime does not apply to a contract for residential building work where you are a resident owner-occupier of the dwelling. For those contracts, payment and dispute rights are governed by the Home Building Act and any contract between us.

20. Suspension and termination

• 20.1Either party may terminate if the other commits a substantial breach and fails to remedy it within 10 business days of written notice.
• 20.2We may suspend the Works or terminate if you fail to pay an amount due, or fail to provide access, after written notice.
• 20.3On termination, you must pay for all Works performed and materials supplied or ordered up to the date of termination, plus any amount due under the SOP Act.
• 20.4Without limiting any other right available to Super Render, and to the extent permitted by law (including the ipso facto provisions of the Corporations Act 2001 (Cth)), we may immediately suspend the Works or terminate the agreement by written notice if the Client becomes insolvent, enters into liquidation, administration, receivership or bankruptcy, enters into any arrangement with creditors, or is otherwise unable to pay its debts as and when they fall due.

21. Intellectual property and project imagery

• 21.1We retain ownership of all intellectual property in our markups, designs, specifications, documentation, samples, systems and methods. Nothing in our agreement transfers that intellectual property to you.
• 21.2We may photograph or film the completed Works and use the images and general project information for our portfolio, website, marketing, tender and social media purposes. We will not publish your name or the Site address without your consent.
• 21.3The Client grants Super Render a perpetual, worldwide, royalty-free, irrevocable licence to use, reproduce, publish and display photographs, videos and images of the completed Works for portfolio, marketing, promotional, website, tender, social media and business development purposes. Super Render will not publish the Client’s name or Site address without the Client’s prior written consent unless otherwise agreed in writing.

22. Privacy

23. Force majeure

24. Dispute resolution

• 24.1If a dispute arises, the parties will first attempt to resolve it by good-faith negotiation between senior representatives within 10 business days.
• 24.2If unresolved, the parties may refer the dispute to NSW Fair Trading for assistance or mediation (residential work), or to adjudication under the SOP Act (payment disputes).
• 24.3Failing resolution, either party may commence proceedings in the NSW Civil and Administrative Tribunal (NCAT) or a court of competent jurisdiction in New South Wales. NSW Fair Trading: 13 32 20 · fairtrading.nsw.gov.au

25. General

• 25.1Governing law. These Terms are governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of its courts and tribunals.
• 25.2Entire agreement. These Terms, together with our quote and any signed contract, are the entire agreement between the parties and supersede all prior discussions and representations.
• 25.3Variation of Terms. We may update these Terms from time to time. The Terms in force when your agreement is formed apply to your project.
• 25.4Severability. If any provision is invalid or unenforceable, it is severed and the remaining provisions continue.
• 25.5Notices. Notices must be in writing and sent to the contact details in the quote, contract or clause 1.
• 25.6Assignment. You must not assign your agreement with us without our written consent.
• 25.7Waiver. A failure or delay by us in exercising a right is not a waiver of that right.

26. Contact us