Painters Brisbane | Priority Painting
Effective Date: 1st July 2023
These Terms and Conditions (“Terms”) govern the contractual relationship between PP (“we,” “us,” or “our”) and the client (“you” or “your”) in relation to painting services provided by PP. These Terms apply to all projects and services provided by PP and are listed on the PP website (www.prioritypainting.com.au).
Contract
A contract must be in place before the commencement of any project, in accordance with the laws of Queensland (for jobs over $3,300).
Acceptance and Validity
The Total Painting Price quoted remains valid for a period of 30 days from the date of this quotation unless otherwise noted. Prices quoted are subject to change based on CPI+ increases after 90 days. Acceptance of the quotation is subject to credit approval and gaining debtor insurance for the project.
Payment Terms
Payment terms are as follows:
A 10% deposit is required before commencement.
All invoices are due within 7 days from the date of the invoice.
Progress payments may be submitted weekly or fortnightly, depending on the project.
If invoices are not paid by the due date, work will be stopped.
Any delays to the completion of works outside of Priority Painting’s control or caused by others do not allow delays to payment times.
Variation of Extras
You may request additional work at any time. Please notify the site foreman, who will arrange a quote. All variations or extras must be approved by the Priority Painting Project Manager and the client before starting.
Compliance and Insurance
Priority Painting maintains the following compliance:
Workers Compensation: WSM230593301
Public Liability Insurance: 23QW-TRMC40740-72591 (Cover of $10,000,000)
QBCC License No: 15418863
ABN: 50 790 943 812
Working Hours
This quotation is based on all work being carried out during normal working hours, unless otherwise noted. If the work needs to be completed outside normal working hours, additional charges will apply.
Pre-existing Hazardous Substances
Unless otherwise noted, pre-existing toxic coatings, materials, or substances such as lead and/or chromate-based paints and/or asbestos-based substances will be subject to an additional cost for preparation and/or removal.
Delays and/or Force Majeure
In the event of a delay by the client or its representatives, a Force Majeure event (being an event beyond the control of either party), Latent Conditions, or Site Access issues occurring, Priority Painting will be able to claim an Extension of Time for such delay (with costs), or terminate the Agreement in the event of prolonged delays.
Program and Sequencing
Any program regarding the quoted work must be mutually agreed upon by the parties. If other trades are involved in the works, Priority Painting will determine the sequence of works at its sole discretion and may be entitled to charge for such additional work.
Warranty
Priority Painting guarantees to provide quality workmanship and products in accordance with:
The relevant jurisdictions’ “Guide to Standards and Tolerances” in effect at the time of acceptance; and,
Any relevant Australian Standards.
Prototype Approval
Prior to commencing, the client must sign off a prototype area that contains the typical extent of work quoted. If there are changes to the prototype, additional costs may apply.
Site Access
The client, for the duration of the project, will provide:
Free and unencumbered access to the work area;
Electrical power, running water, and toilet facilities adjacent to the work area;
Additional work/storage space accessible to the work areas and approved at Priority Painting’s sole discretion.
Environmental Concerns
For any wash-down services included in this quotation, the Contractor has relied upon representations made by the Client with respect to site drainage and the toxicity of any substrates requiring the wash-down services. Priority Painting’s liability in relation to environmental contamination resulting from wash-down services will be reduced to the extent these representations have been relied upon.
Changes in Government Charges
During the term of the agreement/project, any new laws or regulations introduced by any level of government resulting in new or additional charges will be reflected in our invoices, either for increases or decreases in cost associated with these changes.
Hourly Rate Works
Unless otherwise agreed, hourly rate works will be quoted depending on whether they are performed during normal or after hours. Hourly rate work will exclude materials or height access equipment.
Miscellaneous
All discussions, expectations, or assumptions regarding the painting works will be based on what is written in this quote, variations, or the contract. Priority Painting’s final decision will prevail in case of any work that may breach warranty, workplace health and safety requirements, product performance, or the ability to complete works.
Termination of Agreement
Either party may terminate the Agreement in writing if the other party breaches any material provision of these Terms and fails to remedy such breach within a reasonable time frame.
Ownership of Materials and Intellectual Property
All materials, including but not limited to designs, plans, reports, and specifications, created or provided by Priority Painting in connection with the services shall remain the property of Priority Painting. The client shall not use, reproduce, or distribute such materials without the prior written consent of Priority Painting.
Indemnification
The client agrees to indemnify and hold Priority Painting harmless from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to the client’s breach of these Terms, negligence, or willful misconduct.
Limitation of Liability
To the maximum extent permitted by law, Priority Painting shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the services provided under these Terms.
Dispute Resolution
Any dispute arising out of or in connection with these Terms shall be resolved through mediation or arbitration in accordance with the laws of Queensland, with the prevailing party entitled to recover reasonable attorney’s fees and costs.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Queensland, without regard to its conflict of law principles.
Entire Agreement
These Terms constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior and contemporaneous agreements and understandings, whether written or oral.
Waiver
The failure of either party to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision herein.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment
Neither party may assign or transfer its rights or obligations under these Terms without the prior written consent of the other party, except in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Survival
Any provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to provisions regarding ownership, indemnification, limitation of liability, and dispute resolution.