Terms & Conditions

Service Terms and Conditions

Last Updated: 20/09/2025​

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These Terms and Conditions (“Terms”) apply to all services provided by Everitt Waterproofing (“we,” “us,” or “our”). By engaging our services, you (“the Client”) agree to the following:

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1. Scope of Work

 

1.1 A written quote or proposal will be provided before work commences, outlining the scope, estimated cost, and timeframe.

 

1.2 Any variations or additional work requested by the Client must be agreed to in writing and may incur additional charges.

 

1.3 We will carry out the work with due care and skill, in compliance with the Home Building Act 1989 (NSW) and all relevant building standards.

 

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2. Quotes & Pricing

 

2.1 Quotes are valid for 30 days from the date of issue, unless otherwise stated.

 

2.2 Pricing is based on information available at the time of quotation. Unforeseen circumstances may result in additional costs, which will be advised in writing.

 

2.3 All prices are in Australian Dollars (AUD) and include GST, unless otherwise specified.

 

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3. Payment Terms

 

3.1 Invoices are due immediately upon receipt, unless otherwise stated in writing.

 

3.2 Payment methods accepted: bank transfer, credit/debit card, or other methods as agreed.

 

3.3 We reserve the right to suspend or delay work if payment terms are not met.

 

3.4 Under the Building and Construction Industry Security of Payment Act 1999 (NSW), we are entitled to issue payment claims and recover unpaid amounts through the adjudication process if necessary.

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4. Cancellations & Rescheduling

 

4.1 Clients must provide at least 48 hours’ notice for cancellations or rescheduling.

 

4.2 If work has commenced or costs have been incurred, the Client may be charged for labour, materials, and expenses already committed.

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5. Warranties & Consumer Guarantees

 

5.1 All work is carried out in accordance with the statutory warranties under the Home Building Act 1989 (NSW), including that:

 

• the work will be performed with due care and skill,

• materials will be good and suitable for their purpose, and

• the work will be done in accordance with plans and specifications.

 

5.2 Nothing in these Terms excludes or limits rights under the Australian Consumer Law (ACL).

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6. Client Responsibilities

 

6.1 The Client must ensure reasonable access to the site for workers, vehicles, and equipment.

 

6.2 The Client is responsible for obtaining any required approvals, unless otherwise agreed.

 

6.3 The Client must not request work that breaches building codes, laws, or safety regulations.

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7. Liability

 

7.1 We are not liable for delays or additional costs caused by circumstances beyond our control (e.g., extreme weather, hidden structural issues, supply delays).

 

7.2 To the maximum extent permitted by law, we are not liable for indirect or consequential losses.

 

7.3 Our liability is limited to the cost of rectifying the work or supplying the services again, unless otherwise required under the ACL.

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8. Late or Non-Payment

 

8.1 If invoices remain unpaid after the due date, we may:

 

• charge an administration fee of $20 per overdue invoice,

• charge a late fee of $50 per overdue invoice, and

• recover any additional costs of debt collection, including legal fees, and

• suspend or terminate work until payment is received.

 

 

8.2 The waterproofing compliance certificate will not be issued until full payment for all services has been received.

 

8.3 Title to any materials supplied does not pass to the Client until full payment is received.

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9. Dispute Resolution

 

9.1 In the event of a dispute, both parties agree to first attempt resolution in good faith through negotiation.

 

9.2 If unresolved, either party may seek assistance through NSW Fair Trading or other relevant bodies before pursuing legal action.

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10. Governing Law

 

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the jurisdiction of the NSW courts.