Everitt Waterproofing
Everitt Waterproofing
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Client Terms & Conditions
This statement was last updated on 12/10/2026.
These Client Terms & Conditions apply to waterproofing and related services provided by Everitt Waterproofing.
By accepting an Everitt Waterproofing quotation, the Client agrees to the quotation, the agreed scope of works and these Client Terms & Conditions. The accepted quotation together with these Client Terms forms the agreement between Everitt Waterproofing and the Client, subject to any mandatory requirements of applicable law.
Where these Terms conflict with a mandatory requirement of law, the mandatory requirement will prevail.
1. Definitions
In these Terms:
Client, you or your means the person or entity named in the quotation.
Everitt Waterproofing, Everitt, we, us or our means Everitt Waterproofing.
Quotation means the written quotation issued by Everitt Waterproofing describing the proposed works and price.
Works means the waterproofing, remedial waterproofing, leak detection, repair or other services
described in the quotation.
Site means the property or location where the Works are to be carried out.
Variation means any change to the agreed scope, materials, specifications, quantities, access
requirements or Works requested by the Client or required because of circumstances discovered at the Site.
2. Free Quotations
2.1 Free Quotations: Everitt Waterproofing will provide up to two (2) free quotations per customer for the same project or scope of works, subject to any conditions communicated by Everitt Waterproofing.
2.2 Additional Quotations: Any quotation requested beyond the two (2) free quotations may be subject to a quotation preparation fee of $75 (including GST, where applicable) per additional quotation. Everitt Waterproofing will advise the customer of the applicable fee and obtain the customer's agreement before commencing any chargeable quotation work.
2.3 Revised Quotations: Where a customer requests a substantial change to the original scope of works, specifications or requirements, Everitt Waterproofing may treat the request as an additional quotation and apply the above fee, provided the customer is informed of and agrees to the fee in advance. Corrections required due to an error or omission by the Everitt Waterproofing will not attract an additional quotation fee.
2.4 No Obligation to Quote: Everitt Waterproofing reserves the right to decline a request for a quotation at its discretion.
3. Acceptance of Quotation
3.1 A quotation is an offer to carry out the Works described in that quotation and is subject to these Client Terms.
3.2 The Client accepts the quotation by signing or otherwise accepting it, instructing Everitt Waterproofing to proceed, paying a deposit or otherwise confirming acceptance in writing.
3.3 Once accepted, the quotation, together with these Client Terms and any agreed written variations, forms the agreement for the Works.
3.4 If the Client asks Everitt Waterproofing to commence Works before a quotation has been formally signed, the Client's written or verbal instruction to proceed may constitute acceptance to the extent permitted by law.
3.5 Where applicable, the agreement will be subject to the requirements of the Home Building Act 1989 (NSW), the Home Building Regulation 2014 (NSW), the Building Code of Australia/National Construction Code, the Australian Consumer Law and any other applicable legislation.
4. Scope of Work
4.1 Everitt Waterproofing will carry out the Works described in the accepted quotation.
4.2 The quotation should be read together with these Terms. Any services, materials, preparation,
demolition, repairs or additional work not expressly included in the quotation are excluded unless
otherwise agreed in writing.
4.3 Everitt Waterproofing is not responsible for work outside the agreed scope unless that work has been separately authorised.
4.4 Where another trade or contractor is required to perform work that is outside Everitt Waterproofing's scope, responsibility for that work remains with the relevant contractor.
5. Quoted Price
5.1 The quoted price applies to the scope and Site conditions reasonably identifiable at the time the quotation is prepared.
5.2 Unless expressly stated otherwise, the quotation does not include additional work arising from concealed, unforeseen or previously unidentified conditions.
5.3 Where additional work becomes necessary, Everitt Waterproofing will notify the Client and, where required by law, obtain approval for a Variation before carrying out the additional work.
5.4 Any applicable GST will be dealt with as stated in the quotation.
6. Deposits
6.1 Where a deposit is required, the amount will be stated in the quotation.
6.2 Any deposit will comply with applicable NSW legislation, including any statutory limits applying to residential building work.
6.3 The Client must pay the deposit by the due date specified in the quotation before Everitt Waterproofing is required to commence the Works.
7. Payment Terms
7.1 Unless a different payment arrangement is expressly stated in the quotation, Everitt Waterproofing's invoices are payable within 7 calendar days of the invoice date.
7.2 Where the quotation specifies progress payments, milestone payments or other payment arrangements, those arrangements will apply.
7.3 The Client must make payment by the payment method specified on the invoice.
7.4 The Client must not withhold or deduct an amount from an invoice unless the Client has a lawful right to do so.
7.5 Where only part of an invoice is genuinely disputed, the Client must pay the undisputed portion by the due date.
7.6 Payment is considered received when cleared funds are received by Everitt Waterproofing.
8. Overdue Accounts
8.1 An invoice becomes overdue if it has not been paid by its stated due date.
8.2 If an undisputed amount remains unpaid after its due date, Everitt Waterproofing may:
• issue a payment reminder or demand;
• charge interest in accordance with clause 8;
• suspend or postpone further Works, subject to applicable law;
• require payment of overdue amounts before recommencing Works;
• require payment of overdue amounts before recommencing Works;
• engage a debt collection agency or other recovery service; and/or
• take legal or other recovery action where appropriate.
8.3 Nothing in this clause prevents a Client from exercising any genuine rights they may have under applicable legislation.
9. Interest on Overdue Payments
9.1 Where an undisputed invoice remains unpaid after its due date, Everitt Waterproofing may charge interest on the overdue amount at 10% per annum, calculated daily from the date the amount became overdue until payment is received.
9.2 Interest will only be charged to the extent permitted by law.
9.3 Everitt Waterproofing will not charge interest on an amount that is genuinely disputed while the dispute is being considered, except where otherwise permitted by law.
9.4 Payment of interest does not prevent Everitt Waterproofing from exercising any other lawful right or remedy in relation to an overdue account.
10. Debt Recovery Costs
10.1 If the Client fails to pay an amount that is properly due and payable, Everitt Waterproofing may incur costs in attempting to recover the debt.
10.2 To the extent permitted by law, the Client may be liable for reasonable costs of debt recovery, including reasonable collection agency fees, legal costs and court costs incurred in recovering an overdue amount.
10.3 Nothing in this clause requires the Client to pay costs that cannot lawfully be recovered.
11. Suspension of Works for Non-Payment
11.1 Where an amount properly due and payable remains unpaid, Everitt Waterproofing may, subject to applicable law and any required notice:
• suspend the Works;
• postpone scheduled Works;
• decline to commence further Works; or
• decline to commence further Works; or
• decline to commence further Works; or
• require overdue amounts to be paid before recommencing.
11.2 Any delay arising from a suspension caused by non-payment may affect the scheduled completion date.
11.3 Everitt Waterproofing will not exercise this right where doing so would breach a mandatory statutory requirement.
12. Variations
12.1 The Client may request changes to the agreed Works.
12.2 A Variation may also become necessary where Site conditions differ materially from those reasonably identifiable when the quotation was prepared.
12.3 Where a Variation is required, Everitt Waterproofing will provide details of the additional or reduced work and any resulting price or time adjustment.
12.4 Variations will be documented and approved in accordance with applicable NSW law.
11.5 Where legislation requires a Variation to be in writing and agreed before the additional work is carried out, Everitt Waterproofing will comply with that requirement.
13. Concealed or Unforeseen Site Conditions
13.1 Waterproofing work can involve conditions that cannot reasonably be identified until existing finishes, membranes or substrates are opened, removed or exposed.
13.2 Examples may include:
• failed or deteriorated existing waterproofing;
• water-damaged substrates;
• rotten or deteriorated materials;
• unsuitable or unstable substrates;
• concealed leaks;
• unexpected moisture;
• unexpected moisture;
• structural movement;
• cracking;
• inadequate falls or drainage;
• plumbing or drainage defects;
• previous defective workmanship;
• concealed damage; or
• materials or construction methods that prevent the specified Works from being safely or properly completed.
13.3 Where such conditions are discovered, additional preparation, repair, drying, removal, replacement or other work may be required.
13.4 Any additional work will be dealt with as a Variation where required by law.
13.5 Everitt Waterproofing is not responsible for pre-existing defects or conditions outside the agreed scope of Works unless expressly stated otherwise.
14. Site Access
14.1 The Client must provide Everitt Waterproofing with reasonable and safe access to the Site at the agreed times.
14.2 The Client must ensure that access is available to the areas required for the Works.
14.3 Where access is unavailable or substantially restricted, Everitt Waterproofing may be required to reschedule the Works.
14.4 Additional costs resulting from restricted, delayed or repeated access may constitute a Variation where
permitted by law.
15. Site Conditions
15.1 The Client must disclose any known conditions that may affect the Works, including known leaks, structural problems, plumbing issues, previous waterproofing failures and other relevant defects.
15.2 The Site must be reasonably safe and suitable for Everitt Waterproofing's workers and contractors.
15.3 Everitt Waterproofing may stop or postpone Works if conditions at the Site present a safety risk or prevent the Works from being properly performed.
16. Other Trades and Contractors
16.1 Other trades or contractors working at the Site must not interfere with, damage, penetrate, cover, alter or otherwise compromise completed waterproofing Works.
16.2 Where another contractor subsequently damages or interferes with waterproofing, Everitt Waterproofing may not be responsible for the resulting defect or failure.
16.3 Any remedial work required because of damage caused by another contractor may be separately
chargeable.
17. Preparation and Protection of the Site
17.1 The Client is responsible for removing personal belongings, furniture and other items from areas where the Works are to be carried out unless otherwise agreed.
17.2 Everitt Waterproofing will take reasonable care in carrying out the Works.
17.3 The Client acknowledges that waterproofing and remedial work may involve dust, noise, moisture, demolition, removal of existing materials and temporary disruption.
17.4 Where existing finishes or materials must be removed to perform the Works, Everitt Waterproofing is not responsible for their replacement unless that replacement is expressly included in the quotation.
18. Materials
18.1 Everitt Waterproofing will use materials appropriate to the agreed scope of Works.
18.2 Where a specified product becomes unavailable, Everitt Waterproofing may propose a suitable alternative, subject to applicable requirements and any necessary Client approval.
18.3 Colour, texture and appearance may vary between batches and materials.
19. Commencement of Works
19.1 Everitt Waterproofing will endeavour to commence Works on or around the estimated commencement date stated in the quotation.
19.2 Commencement dates may be affected by:
• weather;
• material availability;
• access;
• other trades;
• Site readiness;
• unforeseen conditions;
• variations;
• Client delays;
• safety issues; or
• circumstances outside Everitt Waterproofing's reasonable control.
20. Delays
20.1 Everitt Waterproofing will take reasonable steps to minimise delays.
20.2 Where a delay occurs for reasons outside Everitt Waterproofing's reasonable control, the completion date may need to be extended.
20.3 The Client acknowledges that waterproofing work may be particularly affected by rain, humidity, moisture levels and drying conditions.
20.4 Everitt Waterproofing will not be responsible for delays caused by the Client, other contractors, unavailable access, Site conditions or other circumstances outside its reasonable control, subject to applicable law.
21. Completion
21.1 The Works will be considered complete when the agreed scope has been substantially completed, subject to any minor outstanding items or defects that may reasonably remain to be addressed.
21.2 The Client must notify Everitt Waterproofing of any concerns regarding the Works as soon as reasonably practicable.
22. Defects and Rectification
22.1 Where the Client believes there is a defect in the Works, the Client should notify Everitt Waterproofing promptly and provide reasonable details of the issue.
22.2 Everitt Waterproofing will investigate reported defects that fall within its responsibility.
22.3 Where Everitt Waterproofing is responsible for a defect, it will take reasonable steps to rectify the defect in accordance with applicable law and any applicable warranty.
22.4 Everitt Waterproofing is not responsible for defects caused by:
• subsequent work by other trades;
• damage after completion;
• structural movement;
• building movement;
• plumbing or drainage defects outside Everitt Waterproofing's scope;
• failure of substrates or surrounding building components;
• failure to maintain or protect the completed Works; or
• other causes outside Everitt Waterproofing's reasonable control,
except where liability cannot lawfully be excluded.
23. Waterproofing Warranty
23.1 Where a warranty is expressly provided for the Works, the applicable warranty period and conditions will be stated in the quotation, warranty documentation or other written documentation provided by Everitt Waterproofing.
23.2 Any warranty provided by Everitt Waterproofing operates in addition to, and does not exclude or limit, any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
23.3 A warranty may not apply to defects or failures caused by matters outside Everitt Waterproofing's workmanship or scope, including subsequent damage, unauthorised alterations, other trades, structural movement, plumbing defects or failure of surrounding building components, subject to applicable law.
24. Client Responsibilities
24.1 The Client is responsible for:
• providing accurate information about the Site;
• providing reasonable access;
• ensuring the Site is reasonably safe;
• obtaining any approvals or permissions that are the Client's responsibility;
• ensuring other contractors do not interfere with completed Works;
• paying invoices by their due dates;
• promptly notifying Everitt Waterproofing of any concerns; and
• complying with reasonable instructions necessary to protect the Works.
25. Cancellation or Postponements by Client
25.1 If the Client wishes to cancel or postpone scheduled Works, the Client must notify Everitt Waterproofing as soon as reasonably practicable.
25.2 Where permitted by law, the Client may be responsible for reasonable costs already incurred by Everitt Waterproofing as a result of the cancellation or postponement.
25.3 Any statutory cooling-off, cancellation or other consumer rights remain unaffected.
26. Cancellation or Postponement by Everitt Waterproofing
26.1 Everitt Waterproofing may, subject to applicable law, terminate or suspend the agreement where:
• the Client fails to make a payment properly due;
• the Client repeatedly prevents access to the Site;
• the Site is unsafe;
• the Client materially breaches the agreement and fails to remedy the breach within a reasonable period after notice;
• circumstances make it impossible or unsafe to continue the Works; or
• another lawful ground for termination arises.
27. Damage to Completed Works
27.1 The Client must take reasonable care to protect completed waterproofing Works.
27.2 The Client should ensure that other contractors do not drill, cut, penetrate, remove, alter or otherwise
interfere with completed waterproofing.
27.3 Where completed Works are damaged by another person after completion, additional rectification work
may be chargeable, subject to applicable law.
28. Liability
28.1 Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
28.2 To the extent permitted by law, Everitt Waterproofing is not responsible for loss or damage caused by matters outside its reasonable control or outside the agreed scope of Works.
28.3 Nothing in these Terms limits liability for matters that cannot legally be limited or excluded.
29. Australian Consumer Law
29.1 Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies available to a Client under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable legislation.
29.2 Where a provision of these Terms would otherwise have that effect, it will apply only to the extent permitted by law.
30. Disputes
30.1 If a dispute arises, the Client should first contact Everitt Waterproofing so the matter can be discussed and, where possible, resolved promptly.
30.2 Both parties should act reasonably and provide relevant information necessary to investigate the dispute.
30.3 Nothing in this clause prevents either party from exercising a statutory right or using an applicable dispute-resolution or adjudication process.
30.4 Where NSW building legislation provides a particular process for resolving a dispute, that process may apply.
31. Photographs and Project Records
31.1 Everitt Waterproofing may take photographs of the Site and Works for quality-control, record-keeping, warranty and insurance purposes.
31.2 Everitt Waterproofing may use photographs of completed Works for business, portfolio and marketing purposes where appropriate, provided that reasonable steps are taken not to disclose the Client's personal information or identify the property without permission.
31.3 If the Client does not want photographs used for marketing purposes, the Client should notify Everitt Waterproofing in writing.
32. Subcontractors and Other Workers
32.1 Everitt Waterproofing may engage appropriately qualified subcontractors or other workers to assist with the Works where permitted by law.
32.2 Everitt Waterproofing remains responsible for its obligations under the agreement to the extent required by applicable law.
33. Unforeseen Events
33.1 Everitt Waterproofing will not be responsible for delays or inability to perform Works caused by circumstances beyond its reasonable control, including severe weather, natural disasters, supply interruptions, industrial action, government restrictions, emergencies, unexpected Site conditions or other events that could not reasonably have been prevented.
33.2 Where such circumstances occur, Everitt Waterproofing will take reasonable steps to minimise their impact.
34. Notices and Communications
34.1 The Client agrees that reasonable communications relating to the Works may be provided by email, SMS, telephone or other agreed communication method.
34.2 The Client should ensure that Everitt Waterproofing has current contact details.
34.3 Where legislation requires a particular form of notice, the parties will comply with that requirement.
35. Governing Law
35.1 These Terms and the agreement between Everitt Waterproofing and the Client are governed by the laws of New South Wales, Australia.
36. Severity
36.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to operate to the extent permitted by law.
37. Entire Agreement
37.1 The accepted quotation, these Client Terms and any written variations or other documents expressly incorporated into the agreement constitute the agreement between Everitt Waterproofing and the Client, subject to any mandatory requirements of applicable law.
37.2 No provision of these Terms is intended to exclude or override a mandatory statutory requirement.
38. Contact
If you have any questions about these Website Terms & Conditions, please contact Everitt Waterproofing.
Everitt Waterproofing
Phone: 0447272287
Email: everittwaterproofing@gmail.com
ABN: 48325186307
Licence No.: 481521C