Legal
Terms & Conditions
These Terms & Conditions apply to all works carried out by Cockburn Ceilings unless otherwise agreed in writing.
1. Quotes and Acceptance
All quotations are based on the scope of works described in the quotation. Acceptance of a quotation, payment of any deposit, or instruction to proceed constitutes acceptance of these Terms & Conditions.
2. Payment Terms
2.1 Jobs under $7,500
For jobs with a total quoted value of less than $7,500, a 30% deposit is required to secure the booking. The balance is due immediately on completion of the works.
2.2 Jobs from $7,500 to $500,000
For contracts with a total quoted value of $7,500 to $500,000, where the contract is a home building work contract under applicable Western Australian law, payment terms are:
- 6.5% deposit upfront to secure the booking;
- further progress payments may be claimed for materials supplied and/or work completed in accordance with the contract and applicable law; and
- the remaining balance is due on completion.
Any specific progress payment schedule will be set out in the quotation or contract.
3. Variations
Any variation to the agreed scope of works must be approved in writing before additional work is carried out. Variations may result in additional costs and/or an extension of time.
4. Access and Site Conditions
The client must provide safe, clear, and reasonable access to the work area for the duration of the project.
Any unforeseen issues, including but not limited to structural damage, hidden defects, asbestos, unsafe conditions, water damage, or electrical issues, may result in additional costs and/or delays.
5. Materials
Unless otherwise agreed in writing, materials supplied by the contractor remain the property of the contractor until paid for in full.
6. Delays
The contractor is not liable for delays caused by factors outside its reasonable control, including but not limited to weather, supplier delays, site access issues, latent conditions, or delays caused by other trades.
7. Completion and Final Payment
Works are deemed complete when the quoted scope of work has been carried out to a practical completion standard.
Final payment is due immediately upon completion unless otherwise agreed in writing. The contractor reserves the right to withhold handover, further attendance, or release of any remaining materials until payment is received in full.
8. Cancellations
If the client cancels the works after accepting the quotation, after materials have been ordered, or after work has commenced, the client is liable for all costs incurred up to that point, including labour, materials, administration, and any non-recoverable supplier charges.
9. Warranty
Workmanship is warranted for 12 months from the date of completion.
This warranty does not cover:
- damage caused by external factors;
- structural movement;
- water ingress, moisture issues, or leaks not caused by the contractor;
- damage caused by other trades or third parties;
- lack of maintenance; or
- normal settlement or cracking outside the contractor's control.
10. Late Payments
Late payments may incur recovery costs, administrative charges, and interest where permitted by law.
11. Painting and Finishing
Unless specifically included in the quotation, painting and final decorative finishes are excluded.
Ceilings and repaired surfaces should be painted within a reasonable timeframe after completion. Delays in painting or sealing may affect the final appearance and may void warranty on minor surface defects or finish-related issues.
12. Electrical Work
Electrical work is not included unless specifically stated in writing.
13. Exclusions
Unless expressly included in the quotation, the following are excluded:
- painting;
- electrical work;
- plumbing;
- engineering;
- asbestos testing or removal;
- work by other trades;
- council approvals, permits, or certification requirements; and
- rectification of pre-existing defects outside the quoted scope.
14. Client Responsibilities
The client is responsible for:
- providing accurate project information;
- ensuring safe and reasonable site access;
- removing or protecting furniture, valuables, and personal items unless otherwise agreed; and
- arranging any third-party works required before or after the contractor's works.
15. Liability
To the extent permitted by law, the contractor's liability is limited to the value of the quoted works. The contractor is not liable for indirect, incidental, or consequential loss, or for defects caused by conditions outside the contractor's control.
16. Applicable Law
Where the contract is subject to the Home Building Contracts Act 1991 (WA) or any other applicable law, these Terms & Conditions are to be read subject to that legislation, and any term inconsistent with applicable law will be read down accordingly.
17. Acceptance of Terms
By accepting a quotation, paying a deposit, or instructing the contractor to proceed, the client acknowledges and accepts these Terms & Conditions.