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    0415 649 786

  • Service Area

    Brisbane / Gold Coast / Sunshine Coast/ Toowoomba

EZ Shower Repair & Tiling Services

Warranty Contract & Terms and Conditions

  1. Definitions

1.1 Definitions In these terms and conditions:

  • Customer: Refers to the person purchasing goods and/or services from EZ Shower Repair & Tiling Services under these terms and conditions, including any entity acting on behalf of or with the authority of the Customer.
  • Supplier: Refers to EZ Shower Repair & Tiling Services and any related body corporate within the meaning of section 50 of the Corporations Act 2001, including any successor or assignee.

1.2 Introduction EZ Shower Repair & Tiling Services (“Supplier”) provides the highest quality shower repair and tiling services. This document outlines the warranty, terms, and conditions applicable to our services.

1.3 Scope of Services The services provided by the Supplier include shower sealing, tiling, and related repair works. The warranty outlined herein applies specifically to these services.

1.4 Acceptance By engaging EZ Shower Repair & Tiling Services, the Consumer agrees to the terms and conditions set forth in this document.

  1. Warranty Coverage

2.1 Workmanship Warranty Subject to the conditions outlined in clause 2.2, the Supplier warrants that if any defect in workmanship provided by the Supplier becomes apparent and is reported to the Supplier within 5 years from the date of service (time being of the essence), the Supplier will, at its sole discretion, either replace or remedy the workmanship.

2.2 Conditions of Warranty The warranty provided in clause 2.1 is subject to the following conditions:

(a) The warranty does not cover defects or damage caused by or arising from:

(i) Failure on the part of the Consumer to properly maintain the workmanship area.

(ii) Failure to follow any instructions or guidelines provided by the Supplier.

(iii) Continued use of the workmanship area after a defect becomes apparent or should have become apparent to a reasonably prudent user.

(iv) Fair wear and tear, accidents, or acts of God.

(v) Any latent or pre-existing condition of the workmanship area that detrimentally affects the workmanship.

(vi) Structural movement or damage to the workmanship area.

 

(b) The warranty does not apply to:

(i) The appearance or staining of the workmanship area due to the services provided.

(ii) Tiles installed on top of other tiles under any circumstances.

(iii) Latent defects within the premises near the treated area, whether present at the time of service or becoming apparent afterward.

(iv) The appearance of the shower.

(v) Staining or discoloration over time due to cleaning products.

(vi) Variations in thickness or product application caused by the original tile placement.

(vii) Pre-existing or subsequent tiling issues that affect the treated area.

(viii) Movement of a molded shower or bath away from the walls.

(ix) Any plumbing or repairs that subsequently affect the treated area.

(x) Structural movement affecting the shower area.

(xi) The internal seals, tracks, or glass of the shower screen.

(xii) Area’s underneath or behind the shower screen.

(c) The warranty will be void if the workmanship area (or any adjacent area) is repaired, altered, renovated, or overhauled without the Supplier’s consent.

(d) The Supplier will not be liable for any delays in replacing or remedying workmanship or in assessing the Consumer’s claim.

(e) The Consumer acknowledges that the Supplier accepts no responsibility for any damage caused by a leaking shower, either before or after services are provided.

2.3 Limitation of Liability: The Consumer acknowledges that the services provided are superficial, and the Supplier will not be liable for any damage to the framework, structure, tiles, or other faults and defects that were not visible or apparent during the initial inspection but have since deteriorated or become visible.

2.4 Notice of Claim: The Consumer must notify the Supplier in writing within 10 business days after becoming aware of any matter or circumstance that may give rise to a claim under this warranty, detailing the claim (“Notice of Claim”).

2.5 Inspection Fee If the Supplier undertakes a site inspection and determines that it is not liable for rectifying the alleged defect, the Supplier is entitled to charge a call-out fee at the current prevailing rate.

  1. Consequences of Default

3.1 Interest on Overdue Invoices Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment, at a rate of 18% per annum. Such interest shall compound monthly after as well as before any judgment.

3.2 Indemnity for Debt Pursuit: The Consumer indemnifies the Supplier against all costs and disbursements incurred in pursuing a debt, including legal costs on a solicitor and own client basis, and the Supplier’s collection agency costs if the Consumer defaults on any payment.

3.3 Suspension or Termination of Services: If the Consumer is in breach of any obligation (including payment), the Supplier may suspend or terminate the provision of services to the Consumer without liability for any loss or damage the Consumer may suffer due to this suspension or termination.

3.4 Administration Fees If any account remains overdue after 14 days, an administration fee of the greater of $50.00 or 12% of the overdue amount (up to a maximum of $200.00) may be levied, becoming immediately due and payable.

3.5 Cancellation of Order: The Supplier reserves the right to cancel any unfulfilled order if:

(a) Any money payable to the Supplier becomes overdue, or in the Supplier’s opinion, the Consumer will be unable to meet its payments as they fall due; or

(b) The Consumer becomes insolvent or enters into an arrangement with creditors; or

(c) A receiver, manager, liquidator, or similar person is appointed in respect of the Consumer.

 

  1. Right to Charge Assets

4.1 Mortgage and Charge: The Consumer agrees to mortgage and/or charge all their interests in land, realty, or other assets to the Supplier to secure all amounts payable under these terms and conditions. The Supplier is entitled to lodge a caveat, which will be withdrawn once all payments are met.

4.2 Costs and Disbursements: The Consumer indemnifies the Supplier against all costs and disbursements, including legal costs, should the Supplier elect to enforce this clause.

4.3 Appointment as Attorney: The Consumer irrevocably appoints the Supplier or its nominee as their attorney to perform all necessary acts to give effect to the provisions of this clause.

  1. Cancellation of Contract

5.1 Supplier’s Right to Cancel: The Supplier may cancel any contract before the services are provided by giving written notice to the Consumer. Upon cancellation, the Supplier will refund any sums paid but will not be liable for any loss or damage arising from such cancellation.

5.2 Consumer’s Right to Cancel If the Consumer cancels the provision of services, denies site access, or fails to make any payment due, the contract is terminated, and the Consumer will be liable for any losses incurred by the Supplier up to the time of cancellation.

5.3 Termination on Supplier’s Insolvency The contract is terminated if the Supplier enters liquidation, administration, or loses legal capacity.

  1. Privacy Act Compliance

6.1 Credit Reporting: The Consumer agrees that the Supplier may obtain a credit report containing personal credit information about the Consumer in relation to credit provided by the Supplier.

6.2 Exchange of Information: The Consumer agrees that the Supplier may exchange information about the Consumer with credit providers for the purposes of assessing creditworthiness, notifying defaults, and managing the credit account.

6.3 Retention of Personal Information: The Consumer consents to the Supplier using personal credit information for the provision of services, marketing, credit checks, payment processing, and account management.

6.4 Credit Information to Agencies: The Supplier may provide consumer credit information to credit reporting agencies for obtaining credit reports and maintaining credit information files.

 

  1. Governing Law

7.1 Jurisdiction These terms and conditions are governed by the laws of the state or territory in which the services are provided, and the parties submit to the jurisdiction of the courts in that state or territory.

  1. Entire Agreement

8.1 Complete Understanding This document constitutes the entire agreement between EZ Shower Repair & Tiling Services and the Consumer, superseding all prior agreements, understandings, and representations

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