Terms & Conditions

1. General

These Terms and Conditions apply to all quotations, works, services, and materials supplied by Samfix Construction & Engineering ("the Company").

By accepting a quotation, paying a deposit, instructing the Company to proceed, or permitting works to commence, the Client agrees to these Terms and Conditions.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded under Australian Consumer Law or applicable legislation.

2. Quotations

2.1 Quotations are based on visible and reasonably accessible site conditions at the time of inspection.

2.2 Hidden conditions including structural issues, water damage, asbestos, termite damage, mould, non-compliant previous works, or concealed service issues may require additional works and costs.

2.3 Any quotation may be revised where: • Site conditions materially differ from those originally inspected; • The Client requests changes; • Required works increase beyond the original scope.

2.4 Unless expressly stated, quotations exclude: • Council approvals; • Engineering; • Certification; • Asbestos removal; • Latent condition rectification; • Specialist reports; • Utility authority fees.

3. Variations

3.1 Any change to the agreed scope of works, materials, finishes, design, dimensions, access conditions, sequencing, or timing constitutes a variation.

3.2 Variations may result in: • Additional charges; • Revised completion dates; • Additional labour and material costs.

3.3 Variations should preferably be approved in writing. However, where the Client provides verbal instructions, text messages, emails, or on-site directions requesting changes, the Company may reasonably rely upon those instructions.

4. Deposits and Payments

4.1 Deposits are used to secure scheduling, administration, labour allocation, and procurement of materials.

4.2 Deposits may become partially or fully non-refundable once costs have been incurred by the Company.

4.3 Progress payments must be paid within the timeframe stated on the invoice.

4.4 The Company may suspend works where payments become overdue.

4.5 The Client shall be responsible for reasonable debt recovery costs, legal costs, and collection expenses associated with overdue payments.

5. Timeframes and Delays

5.1 Any completion timeframe provided is an estimate only unless expressly stated otherwise.

5.2 Delays may occur due to: • Weather; • Material shortages; • Supplier delays; • Latent site conditions; • Variations; • Access restrictions; • Delays caused by other trades or third parties; • Events beyond the Company’s reasonable control.

5.3 The Company will take reasonable steps to minimise delays where practical.

6. Existing Conditions and Matching

6.1 Renovation works involve integration with existing structures and finishes. Exact matching of colours, textures, timber grain, tiles, stone, paint, or aged materials cannot be guaranteed.

6.2 Minor irregularities consistent with normal industry tolerances and Australian building standards do not constitute defects.

7. Defects Liability and Warranties

7.1 The Client must notify the Company within a reasonable period after becoming aware of any alleged defect.

7.2 The Company must be provided with a reasonable opportunity to inspect and rectify any defective work before third parties are engaged.

7.3 Statutory warranties applicable under the Home Building Act 1989 (NSW) and Australian Consumer Law apply where required by law.

7.4 Warranty does not apply to: • Fair wear and tear; • Lack of maintenance; • Damage caused by third parties; • Structural movement; • Weather events; • Misuse or accidental damage; • Defects arising from pre-existing site conditions outside the Company’s control.

8. Limitation of Liability

8.1 To the extent permitted by law, the Company’s liability is limited to: • Rectification of defective works; • Re-supply of services; or • The reasonable cost of rectification.

8.2 The Company is not liable for indirect or consequential loss including: • Loss of income; • Loss of profit; • Alternative accommodation costs; • Business interruption; unless required by law.

9. Access and Site Safety

9.1 The Client must provide safe and reasonable access to the site during agreed working hours.

9.2 The Company may suspend works where unsafe conditions exist.

9.3 The Client is responsible for securing valuables and personal belongings prior to commencement of works.

10. Dispute Resolution

10.1 Both parties agree to first attempt to resolve disputes through good faith discussions.

10.2 If a dispute cannot be resolved, either party may refer the matter to NSW Fair Trading mediation prior to commencing legal proceedings where appropriate.

11. Photography

The Company may photograph works for quality assurance, documentation, and marketing purposes unless the Client requests otherwise in writing.

12. Additional Protective Clauses

Practical Completion:

Practical completion occurs when the works are substantially complete and capable of being reasonably used for their intended purpose, notwithstanding minor omissions or defects.

Storage and Delay Costs:

Additional charges may apply where the Client causes delays resulting in re-attendance, material storage, rescheduling, or extended project duration.

Client-Supplied Materials:

The Company accepts no responsibility for defects, incompatibility, delays, or warranty issues relating to client-supplied materials or products.

Timber Movement Clause:

Timber is a natural product and may expand, contract, warp, cup, or crack due to environmental conditions including humidity and temperature variations.

For any questions regarding these Terms and Conditions, please contact us before work commences.

© 2026 Samfix Construction & Engineering · Lic. 462994C · Sydney, NSW, Australia