Terms and Conditions
1. Definitions and Interpretation
1.1 In these Terms, unless the context requires otherwise, the following terms have the following
“Company” means Spray Foam Insulation Tasmania Pty Ltd (ACN 661 785 646);
“Customer” means any person, company or other entity to whom any Quote is made, and any
person offering to contract with the Company, and any person, company or entity who
purchases Goods and Services from the Company;
“Foam” means the spray foam insulation products used by the Company in the provision of
Goods and Services from time to time;
“Goods and Services” means all the products (including Foam) and services to be supplied by
the Company to the Customer as detailed in any relevant Quote, together with any products
and services not specifically referred to in such Quote that are incidental to the works or
installations referred to in that Quote;
“GST” means the goods and services tax created by the A New Tax System (Goods and Services
Tax) Act 1999;
“Quote” means a written description of Goods and Services to be provided by the Company to
the Customer, and an estimate of the Company’s charge for the performance of the work;
“Terms” means these terms and conditions of trade.
1.2 In these terms:
(a) no rule of construction is to apply to disadvantage a party merely because that party was
responsible for preparing these Terms;
(b) the singular includes the plural and vice versa;
(c) any reference to a party includes that party’s successors and permitted assigns; and
(d) if the Customer constitutes more than one person, company or entity, these Terms bind
each of them jointly and severally.
2. Terms of Engagement
2.1 All Goods and Services supplied by the Company are supplied on these Terms.
2.2 By accepting a quotation from the Company, the Customer unconditionally agrees to be bound
by these Terms in their entirety and without alteration.
2.3 Previous dealings between the Company and the Customer will not vary or negate these Terms
in any respect.
3. Duration of Quote
3.1 A Quote is only valid for 30 days from the date of its issue.
3.2 The Company is not obliged to honour a Quote that has not been accepted by the Customer
within 30 days of its issue, and a Quote is not taken to have been accepted until payment of the
sum noted in clause 5.1.
4. Purchase Price
4.1 The purchase price for any Goods and Services is the total amount stated in the relevant Quote,
subject to any adjustment by the Company pursuant to this clause.
4.2 The Company reserves the right to modify the purchase price to reflect any change in the cost
to the Company due to:
(a) any factors beyond the control of the Company;
(b) any matters that could not reasonably have been foreseen by the Company prior to the
commencement of works (including the volume of Foam required);
(c) any change in supply or installation dates, quantities or the scope of works for the Goods
and Services that the Customer requests;
(d) any failure by the Customer to comply with any requirements or directions of the
Company, including with respect to the preparation of any site at which the Company is
to provide Goods and Services.
(e) any delay caused by the instructions of the Customer or failure to give the Company
adequate information or instructions.
4.3 The Company agrees to take all reasonable steps to minimise or avoid incurring any additional
costs referred to in clause 4.2.
4.4 Unless otherwise stated, all prices quoted by the Company are exclusive of GST.
5. Payment Terms
5.1 The Company may require the Customer to pay up to 40% of the total price stated in the Quote
upon acceptance of that Quote. In the event the Customer notifies the Company it does not
wish to proceed with the Company providing the Goods and Services prior to the
commencement of works, the Customer expressly agrees that any funds already paid by them
to the Company are forfeit absolutely.
5.2 The Company will issue a final invoice for Goods and Services upon completion of the works
stated in the Quote. The Customer must pay the balance outstanding within seven days of the
date of such invoice.
5.3 If the Customer fails to pay any invoice issued by the Company within seven days of the date of
the invoice, the Company may either:
(a) apply 1% of the total cost of the work in interest per week until the account is paid in full. The company reserves the right to enforce this policy without exception. By engaging our services, customers acknowledge and accept the consequences of late payments as outlined above; or
(b) recover from the Customer, in addition to the outstanding balance, all costs incurred by
the Company in the process of the collection of outstanding payments, including all legal
costs and debt collection agency costs.
5.4 If, for whatever reason, a dispute arises regarding these Terms, the Customer must not withhold
any undisputed payments to the Company, and agrees that they must pay the whole of any
6. Delivery and Installation
6.1 The Company is not required to commence any works referred to in a Quote until the Customer
has paid the sum required by clause 5.1 (if any).
6.2 The Company will provide the Goods and Services in accordance with the Quote accepted by
the Customer and in accordance with the warranties in clause 9.
6.3 The Customer must ensure any sites where Foam is to be installed are free of furniture and
personal belongings prior to commencement of any work. The Company will not be liable for
any damage to any furniture or other items remaining on site during the Company performing
6.4 The Customer must comply with any reasonable requirement of the Company with respect to
the provision of the Goods and Services.
7. Risk and Title
7.1 The Customer acknowledges and agrees that title to any and all products supplied by the
Company to the Customer will not pass to the Customer until the Company has been paid in full
in accordance with clause 5.
7.2 Risk of loss or damage to any and all products supplied by the Company to the Customer passes
to the Customer upon installation.
8. Specific Disclosures and Acknowledgements
8.1 The Company makes the following specific disclosures regarding the Goods and Services:
(a) due to the nature of Foam and other materials used by the Company in the provision of
Goods and Services, the Company is unable to guarantee the exact output. All R-Values /
thickness depths in any Quote are averages, not minimums. The nominal thickness is plus
or minus 40%;
(b) Foam can fix permanently to surfaces it is applied to. Whilst the Company will use
reasonable endeavours to avoid Foam being applied to exterior surfaces, it is possible
that some overspray may occur. The Customer acknowledges and accepts such risk;
(c) Foam products can contain isocyanates which contain carcinogenic properties that may
cause or contribute to asthma, lung damage, skin irritation, and gastrointestinal issues;
(d) Foam may leave an odour, which may remain for an extended period of time following
completion of the works;
(e) the Company cannot give any warranty as to the quality or condition of existing internal
walls or ceilings and, consequently, it is a known risk for plaster or other internal linings
to bow, crack or break during the installation of Foam, or for Foam to leak during its cure
(f) installation of Foam is known to potentially exacerbate or accelerate the deterioration of
damaged or deteriorating electrical and other wiring or cabling, and it is not practicable
for the Company to inspect or examine the condition of any wiring or cabling prior to the
commencement of works;
(g) the nature of Foam products means that once it has been installed, any subsequent
alterations or renovations that affect cavities in which Foam has been installed (including
replacement of external cladding, or the installation or removal of interior fixtures) may
damage or otherwise undermine the performance of the Foam, and could lead to the
creation of mould or other issues.
8.2 The Customer expressly acknowledges the disclosures referred to in clause 8.1 and engages the
Company to provide the Goods and Services with full knowledge of the matters disclosed.
8.3 For the purpose of clauses 8.1(e) and (f), whilst the Company will use reasonable endeavours to
avoid undertaking works that may cause or contribute to damage to structures, fixtures or
fittings, the Customer acknowledges it is their responsibility to ensure all existing plaster or
other cladding, and all electrical and plumbing infrastructure, fixture and fittings that may be
affected or impacted by the Goods and Services are of good quality, in sound condition, and
have been installed using good workmanship, prior to the commencement of works by the
9. Warranties and Liability
9.1 The Company warrants that:
(a) the Goods and Services will be installed and commissioned by persons possessing the
relevant expertise, and with due care and skill;
(b) any goods installed will comply with all the relevant state and Commonwealth standards,
codes of practice, and legislative requirements;
(c) any goods installed will be fit for purpose and free from any defect in quality, condition
or merchantable quality; and
(d) all Goods and Services will be supplied in accordance with the relevant Quote.
9.2 The warranties noted in clause 8.1 are guaranteed for a period of 25 years from the date of
installation, provided that such guarantee does not apply to:
(a) any defect arising from:
(i) fair wear and tear;
(ii) wilful damage, accident, negligence, or act or omission by the Customer or a third
(iii) any alteration or repair to the Goods and Services by the Customer or any third
party not specifically engaged or approved by the Company;
(iv) any alteration or modification to any cavity or surface in or on which Foam has
been installed by any party other than the Company;
(v) non-compliance with any specification provided to the Customer
(b) in the case of a defect in the quality of goods, any defect which is not covered by the
9.3 The Company will not be liable for any defect of any goods supplied or installed by it as a result
of damage or negligence of the Customer, or the misuse, alteration, repair or maintenance of
the goods by a party not suitably qualified or experienced to undertake such work approved by
9.4 The Customer acknowledges and agrees the Company will not be liable for any loss or damage
arising as a result of any of the matters noted in or contemplated by clause 8.1 (b), (c), (d), (e),
(f), (g), or clause 8.3 and the Customer expressly releases the Company in respect of same. For
the avoidance of doubt, the Company will only be liable in the event of a demonstrated
deficiency in workmanship in the provision of the Goods and Services.
9.5 Unless otherwise required by law, the liability of the Company under these Terms is limited, at
the election of the Company, to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of those goods or supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
9.5 To the extent permitted by law, including the Australian Consumer Law, the Company is not
liable to the Customer by reason of any representation, any implied warranty, condition or
other term, any duty at common law, or under the express terms of these Terms, for any
consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other
claims for consequential compensation whatsoever which arise out of or in connection with the
supply of Goods and Services except as expressly provided in these Terms. This exclusion
includes but is not limited to physical damage to any premises at which Goods and Services are
provided, except as is caused by the wilful damage, negligence, act or omission of the Company
or its agents, contractors, employees or other authorised representative.
10. Force Majeure
The Company is not liable for any delay or the failure to perform any obligation arising as a
result of any event beyond the Company’s control.
11.1 These Terms contain the entire agreement between the parties with respect to its subject
matter, and there have been no other oral or written representations, stipulations, warranties,
agreements, or understandings relating to the subject matter. Any variation or modification of
these Terms must be in writing and signed by the Company and the Customer.
11.2 If anything in these Terms is unenforceable, illegal or void then it is severed and the remainder
of these Terms remain in force.
11.3 The laws of Tasmania govern these Terms.