TERMS AND CONDITIONS

SYDNEY TIMBER FLOOR SPECIALISTS

Terms and Conditions
Sydney Timber Floor Specialist Pty Ltd


Sydney Timber Floor Specialists Pty Ltd holds great worth in its reputation and seeks to hold the highest standard in
all its activities. Sydney Timber Floor Specialist Pty Ltd also believes in the importance of industry involvement and
therefore is a proud member of the Australian Timber Floor Association.

Our Terms and Conditions is part of all work and advice. There are important site-specific issues that may affect the
outcome of any project related to timber flooring. Sydney Timber Floor Specialists Pty Ltd urges that a basic
understanding of these issues will assist in developing realistic expectations of the finished product.

 

1. DEFINITIONS

a) In this contract, unless the context otherwise requires:
b) “STFS” is the abbreviation of Sydney Timber Floor Specialist Pty Ltd
c) “Us”,“Our” and “We” refers to Sydney Timber Floor Specialist Pty Ltd and its employees
d) “T&Cs” is the abbreviation of Terms and Conditions
e) “Additional work” is any extra work needing to be carried out in addition to the agreed scope of work
f) “ATFA” is the abbreviation of Australian Timber Floor Association, the peak body for timber floors and timber
flooring industry in Australia and New Zealand


2. ACCEPTANCE OF TERMS AND CONDITIONS

The Buyer agrees to the Terms and Conditions of STFS outlined in this document by paying deposit or by accepting
Goods and Services supplied by STFS. Upon acceptance of these T&Cs by the Buyer, the T&Cs are irrevocable and
can only be rescinded in accordance with the “Variations” outlined in this document (8. VARIATIONS).

 

3. SITE CONDITIONS

a) Site preparation must be completed prior to arrival of STFS tradesmen. This includes but not limited to:

  • Clear access to work areas (clutter free foyers, doorways, stairways etc.)
  • Areas to be completely emptied (furniture, appliances, rugs and clutter to be removed)
  • Access to enmities as per work site requirements by law
  • Electricity and lighting must be available unless otherwise agreed and discussed
  • Areas to be free of other tradesmen
  • If above conditions are not met, STFS reserves the right to refuse to commence work and revisit the
    site at a later date

b) Parking of STFS vehicles to be discussed prior to; and made available at the time of commencement of work
c) Although moisture testing is conducted at the time of quotation any changes of those may delay start of
commencement of work
d) Photos will be taken of any already existing damages to floor and surroundings prior to commencement of
work. STFS may not be held liable for existing damages of property. Photos will be made available to all
parties at a time of a dispute.
e) If STFS declares a work-site to become unsafe at any point, we reserve the right to suspend work until
hazards are controlled and worksite is safe to continue activities. STFS may not be held liable for stand off
periods. If stand off periods are reasonably suspected to last more than 2 hours, we reserve the right to leave
worksite and recommence work at a later date.

 

4. FLOORING PROCESS

a) Floor Installation and Sanding

  • Commencement of installation of floor boards will depend on specific conditions. High moisture
    content of timber and concrete slabs may defer commencement date.
  • Although duty of care will be exercised by STFS, due to the nature of machine work, decorations and
    skirtings may be subject to markings. STFS will not be held responsible for markings on walls,
    skirtings and similar objects, and will not be held liable for the cost of re-decoration.
  • Given the nature of the work and materials STFS does not guarantee a completely dust free
    environment and finish on the floor.
  • Given the nature of natural wood, STFS will not be held responsible to supply identical floor boards, colour
    and grain dissimilarities are subject to timber floors.
  • For more information on installation you may visit AFTA’s information sheet:
    https://www.atfa.com.au/wp-content/uploads/2012/10/ds2_pre_installation_requirements.pdf


b) Floor Fillings

  • Gaps at the end of floorboards and nail holes (after punching nails) will be filled with appropriate
    fillers.
  • Gaps between floorboards are referred to as “Expansion Gaps” cannot be filled as natural
    atmospheric moisture variation causes the floor boards to expand or shrink and therefore the
    application of those are not suggested as they are most likely to fail and damage floor boards.
  • Any hole larger than a nail hole may have a sunken appearance when filled.
  • Although we aim to achieve the best colour match, we do not guarantee fillers to completely blend in
    and be invisible.

 

c) Floor Colouring and Coatings

  • All colour samples are representative and may vary due to individual conditions such as natural
    lights and contrast of surroundings.
  • If different timber species are used, no responsibility will be taken in any difference of the finished
    colour due to inconsistent timbers.
  • Variation in colour, grain and reaction to treatment between new and old boards are acceptable by
    industrial standards, even with the same timber species. Staining can produce a two-tone effect.
  • Due to the nature of the staining technique, skirting and similar objects may be marked. Although
    STFS takes precautionary actions to avoid damages, STFS will not be held liable for re-decoration.
  • Once colour has been agreed to, verbally or otherwise, any change to the colour is considered as a
    variation and will be charged as “additional work”.
  • If colour change is requested after completion or partial completion of colour application, it is
    considered as “re-colouring”. Re-colouring will be subject to a new quotation and will be charged at
    full job rate.
  • Unless specified or agreed otherwise 3 coats of sealant will be applied as standard. Application of
    further coatings will be billed as “additional work”.
  • For more information on colors you may visit AFTA’s information sheet:
    https://www.atfa.com.au/wpcontent/uploads/2012/10/IS05-colour_grade_%20may_final.pdf

d) Areas and parts other than floors

  • We may accept/fulfill requests for works needing to be carried out on areas other than floors. This
    may include door frames, windowsills, railings and stairs/stairways. These are to be specifically
    outlined in the Quote supplied by STFS. If request is received after the commencement of agreed
    scope of work it will be handled as a variation and will be charged accordingly.

e) Drying and Curing Times

  • There is a wide range of conditions considered when calculating drying and curing times. (e.g.: air
    temperature, humidity, seasonal variations, airflow and natural light of area)
  • Given ideal conditions, each coat, regardless of what brand of product is used, will take up to 24
    hours to dry and ready to be walked on. Deeper layers may take 3-4 days to completely cure.
  • STFS does not take responsibility for coatings drying unevenly with defects, faults and blemishes
    due to inadequate drying conditions.

 

5. QUOTATION AND PAYMENTS

a) The quoted price by STFS shall be binding upon acceptance of T&C’s by the Buyer
b) Quotations are valid for a period of 28 calendar days from the day of issuance of Quote
c) STFS may by giving notice to the Buyer, at any time up to 7 days before delivery, increase the price of Goods
supplied to reflect any increase in costs of those which are due to factors occurring after the agreement of sale
and are beyond the reasonable control of STFS
d) At the absolute discretion of STFS a deposit may be required prior to commencement of work. Unless
specified or agreed otherwise the deposit amount shall be 10% of the total price. Buyer must pay deposit by
the agreed date.
e) Progress payment schedule may be used depending on the amount of work carried out.

f) The price shall be as indicated on invoices provided by the STFS to the Buyer in respect of Goods and
Services supplied.
g) All prices shall be increased by applicable GST and tax surcharges unless it is expressly included and outlined
in the Quotation prepared by STFS
h) Unless otherwise specified or agreed to in writing, payments are due immediately after completion of work,
progress stage or specified delivery of Goods and Services.

 

6. DEFAULT AND CONSEQUENCES OF DEFAULT

a) Any accounts overdue by 7 calendar days will be turned over to our debt collector agency: Marshall Freeman
Collections Pty Ltd | ABN 81 104 876 995
b) Interest on overdue invoices by 7 days shall accrue from the date when payment becomes due daily until the
date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate before and after any
judgment
c) Invoices unpaid more than 30 days after the invoice date will incur a surcharge of either $50.00 or 5% of the
outstanding amount, which sum is greater
d) Without prejudice to any other remedies STFS may have, if at any time the Buyer is in breach of any
obligation, including those relating to payment, STFS may suspend or terminate the supply of Goods and
Services to the Buyer and any of its other obligations under the agreement and its T&Cs. STFS will not be
liable to the Buyer for any loss or damage the Buyer suffers in such circumstance
e) If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify STFS from and against all
the costs and disbursements of STFS including all legal fees and all costs accrued by debt collecting
companies
f) STFS shall be entitled to cancel or suspend all or any incomplete part of any order of the Buyer without
prejudice to any other remedies and all amounts owing will become immediately overdue if the Buyer:

  • Is in breach of any of their obligations, including those relating to payments
  • Becomes insolvent and/or the Buyer begin to be represented by receiver, liquidator or similar person
  • Convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or
    makes an assignment for the benefit of its creditors.

 

7. AGREED UNCONROLLABLE VARIATIONS

a) In no circumstances will STFS be held responsible for the damage caused by other tradesmen (ladder and
boot marks, paint flakes, spillage of chemicals etc.) or damages caused by pets or others on worksite during or
upon completion of work
b) STFS will not be held responsible for the damage caused by general wear and tear. Coating longevity is
dependent on traffic conditions and maintenance imposed by client.
c) Damages caused by direct sunlight and external physical force are completely out of the control of STFS or
suppliers. Application of unsuitable chemicals by client is considered to be a misuse and abuse of product and
will not be covered by warranties offered by STFS.
d) STFS is limited by the condition of your floor as to the finish you receive. Existing damages may not be
repaired such as deep cuts, or existing stains without removing floorboards. These to be discussed with client
as soon as defects are discovered. Replacement of floorboards are quoted for as additional work.
e) Commencement and completion of works on any external area (e.g.: decks) is subject to weather conditions
f) Some low-cost solvent borne polyurethane coatings are highly subject to sheen variation, rejections, roller
marks, and are very static in nature, which may cause undesirable traces of dust to accumulate on the wet
coatings of finished floor. These materials may also have a gluing effect and may damage the timber. By
choosing a low-cost solvent borne polyurethane coating, you agree to accept these risks
g) Although STFS offers a wide range of materials producing lower level of fumes/odor, some special coatings
may produce these. This to be discussed at the time of materials chosen.
h) A degree of contamination in the final coat is unavoidable and will vary from project to project. Dust particles
are more noticeable on darker timber, gloss and semi - gloss finishes, in doorways, large windows and in areas
of direct sunlight. Although acceptable measures are taken to limit these negative effects, completely dust free
environment and finish coat is unachievable.
i) Given the nature of the materials used, coatings may run into dips and expansion gaps, therefore the
expectation of mirror-like final coats are unreasonable
j) Industry standards set out the correct inspection of floors. Floors to be visually inspected from eye level, at a
45’ angle in natural or general lighting falling on the surface of the floor.
k) For more information on Floor care & maintenance you may visit AFTA’s information sheet: https://www.atfa.com.au/wp-content/uploads/2016/10/12_Floor-Care-and-maintenance.pdf
l) For more information on completed floors and reasonable expectations you may visit AFTA’s information
sheet: https://www.atfa.com.au/wp-content/uploads/2012/10/1_Owner-Expectations-for-Completed-Floor.pdf

 

8. VARIATIONS

STFS must not vary the work or omit any part of the works except in accordance with the agreed scope of work. The
parties agree, that any variation to the agreed scope of work must be in writing and be agreed to by both parties. If
the variation will require additional work a Quote to be adjusted by the price of a Variation and the adjustment is to be
included by STFS in the next progress claim.

 

9. DEFECT LIABILITY PERIOD

After completion of work, STFS must, at is own cost, rectify any part of the works that is agreed by both parties to be
faulty or defective, and remove and replace any materials not in accordance with the agreed scope of work. This
must be communicated in writing to STFS before the expiration of the Defect Liability Period (30 days).
Inspection of claimed damaged floor after completion may occur a minimum charge if damages are determined to
have been caused by other factors than those being under control of STFS.

 

10. STATUTORY WARRANTIES / MANUFACTURER WARRANTIES

a) STFS warrants all points set out in the relevant NSW laws and regulations in regards to mandatory Statutory
Warranties.
b) Material warranties are solely those of the manufacturers for the material specified. These warranties are
offered to the client by the manufacturer and STFS is not a party to this warranty. Client agrees to look solely
to those manufacturers for all warranty claims.

 

11. DECLARATION

a) The Buyer acknowledges in all cases that STFS has explained the work process, job specific issues,
discussed realistic expectations and agrees that the scope of work is clearly understood.
b) The Buyer confirms that obligations and duties of both parties are clearly explained and understood by the
Buyer.
c) The Buyer will be available for inspection of floor before final coatings are applied and will raise any issues
discovered at that time. If Buyer is not present, final coating will be applied regardless.
d) Hereby, the Buyer agrees to all Terms and Conditions set out in this document.

 

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