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Terms & Conditions Summary (see full terms and conditions below)

PAYMENT TERMS

We value our clients and understand the importance of prompt payment. We kindly request full payment of outstanding invoices within 3 days from the issue date of invoice. Please refer to your invoice for the applicable payment details. Payments not received by the due date may result in any additional works being suspended or cancelled. All services are invoiced at the time of completion. Payment is strictly due within three (3) days of the invoice date.

Late Fee
If payment is not received by the due date, a fixed late fee of 3% of the overdue balance will be applied. This fee represents a reasonable estimate of the administrative and cashflow costs incurred by Stylecrete Construction due to late payment, and is not a penalty.

Recovery of Outstanding Amounts
Stylecrete Construction may take legal action or engage a debt collection agency to recover any overdue amounts. The client will be responsible for any reasonable costs incurred in recovering overdue amounts, including debt collection fees.
 

ACCESS TO PROPERTY TO COMPLETE WORKS

At Stylecrete Earthworks & Construction Pty Ltd, we take great care to ensure that our clients receive the best possible service. In order to provide you with the highest level of workmanship, we require suitable access to the site for the works to be conducted, and for deliveries to be made. It is important that you agree to these terms before accepting our quote, as failure to provide suitable access may result in the work being suspended or cancelled. Should the client cancel the works where products have been ordered or pre-paid by Stylecrete Earthworks and Construction Pty Ltd, the client may be held liable for payment of products.

Deposits paid for future works are non-refundable.

STYLECRETE CONSTRUCTION PTY LTD / T/AS STYLECRETE EARTHWORKS – TERMS & CONDITIONS​

1. Definitions

1.1 “Client” means the person/entity specified on the quote.
1.2 “Goods and/or Services” means all works supplied by the Contractor as described in the quote.
1.3 “Price” means the price stated on the quote and as varied in accordance with this agreement.
1.4 “Contractor” means Stylecrete Construction Pty Ltd.

2. PRICE AND PAYMENT

2.1 The Client must pay all amounts owing, including any variations.

2.2 The Contractor reserves the right to adjust the Price where increases occur prior to or during works, including but not limited to:

  • Material price increases

  • Supplier increases

  • Fuel and transport costs

  • Labour increases

2.3 Any variation to the scope of works, including hidden or unforeseen conditions, will be charged at the Contractor’s current rates.

2.4 Variations may be instructed verbally or in writing and will be confirmed in writing as soon as practicable.

2.5 Progress payments may be issued and are due within 3 days. Payment is a condition of continuing works.

2.6 Payment methods include cash, bank transfer or credit card (3% surcharge applies).

2.7 If payment is not made, the Contractor may suspend or terminate works and is not liable for any resulting delay or cost.

2.8 Interest on overdue amounts may be charged at 10% per annum, plus a 3% late fee.

2.9 The Client must not set off any amount against the Price.

3. DELIVERY AND RISK

3.1 Delivery occurs when Goods and/or Services are provided at site.

3.2 Risk passes to the Client upon delivery.

3.3 The Contractor is not liable for delays beyond its control.

3.4 Ownership of materials remains with the Contractor until paid in full.

4.VARIATIONS

4.1 Any works outside the agreed scope will be treated as a variation.

4.2 Variations will be charged at current rates and may be invoiced progressively.

4.3 Payment of variations is required to continue works.

5.STANDARDS AND CLIENT INSTRUCTIONS

5.1 All works will be carried out in accordance with Australian Standards and industry practice.

5.2 Where the Client requests works outside these standards:

  • The request must be confirmed in writing

  • Works are carried out at the Client’s direction

5.3 The Contractor accepts no liability for defects, performance issues or outcomes resulting from such instructions.

5.4 The Contractor reserves the right to refuse unsafe or non-compliant work.

6. SITE CONDITIONS AND CLIENT REQUIREMENTS

6.1 The Client must provide safe and suitable access to the site.

6.2 Works are based on visible site conditions only.

6.3 Unforeseen conditions (including rock, poor ground, buried services) will be treated as variations.

6.4 The Client must identify all underground services prior to works.

6.5 The Contractor is not liable for:

  • Damage to undisclosed services

  • Third-party works

  • Inadequate site preparation or compaction

7.SUSPENSION OF WORKS

The Contractor may suspend works where:

  • Payments are overdue

  • Variations unpaid

  • Site access is not provided

  • Delays are caused by the Client

8.FINAL PAYMENT

Final payment is due upon completion of works.

The Client is not entitled to withhold payment for minor defects.

Defects will be rectified within a reasonable timeframe.

9. DEFECTS AND CLAIMS

The Client must notify defects within a reasonable timeframe.

The Contractor must be given the opportunity to inspect and rectify.

Failure to do so does not entitle withholding payment.

10. CONCRETE DISCLAIMER

Concrete is a natural product and may:

  • Crack

  • Vary in colour

  • Show minor imperfections

These are not defects unless caused by proven workmanship.

11. UTILITIES

The Contractor is not liable for damage to undisclosed utilities or services.

12.INDEMNITY

The Client indemnifies the Contractor against any loss, damage or costs arising from:

  • Breach of this agreement

  • Client instructions

  • Third-party claims

13. CANCELLATION

Deposits are non-refundable to the extent that they cover costs incurred, including materials, labour, scheduling and administrative expenses.

If the Client cancels after acceptance, they are liable for all costs incurred, including materials, labour and any loss resulting from cancellation.

14. FORCE MAJEURE

The Contractor is not liable for delays caused by events beyond its control, including weather, supply issues or external events.

15. LIMITATION OF LIABILITY

To the extent permitted by law:

  • Liability is limited to re-supply or cost of re-supply

  • The Contractor is not liable for indirect or consequential loss

16. RECOVERY OF OUTSTANDING AMOUNTS

The Contractor may recover unpaid amounts through legal or debt collection processes.

The Client is responsible for all reasonable recovery costs.

17. DISPUTE RESOLUTION

Parties agree to attempt to resolve disputes before escalation.

18. COMPLIANCE WITH LAWS

The Client must comply with all applicable laws and obtain required approvals.

19. PRIVACY

The Contractor may collect and use Client information for credit and account management purposes.

20. SECURITY OF PAYMENT

The Contractor may rely on the Building and Construction Industry (Security of Payment) Act 2021 (WA) where applicable. Where the Building and Construction Industry (Security of Payment) Act 2021 (WA) does not apply, the Contractor retains all rights to recover payment under contract law and any other applicable legislation.

21. GENERAL

21.1 This agreement is governed by the laws of Western Australia.

21.2 If any clause is invalid, the remainder remains in force.

21.3 The Contractor may subcontract works.

21.4 These terms form the entire agreement.

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