Terms of Service

1. About these terms

These terms of service govern your use of the website at ecocrafttilinggrouptec.site and, together with our written quotation, the supply of tiling and related services by ECO Craft Tiling Group Pty Ltd ("we", "us", "our"). By using this website you agree to these terms. By accepting a quotation you agree to these terms as they apply to that work.

If there is any inconsistency between these terms and a written quotation signed or accepted by both parties, the quotation prevails to the extent of the inconsistency.

2. Website use and accuracy of information

This website is provided for general information about our services. Descriptions of tiling methods, materials and sequencing are general in nature; they are not a specification for your job and must not be relied on as building, waterproofing or engineering advice for a particular site. The scope of any work is what appears in our written quotation.

We take care to keep the information on this site current, but we do not warrant that it is complete, error-free or continuously available. You must not use this website in any way that is unlawful, that interferes with its operation or security, or that attempts to gain unauthorised access to any system connected to it.

3. Quotations

A quotation is an offer to carry out a defined scope of work at a stated price. Unless the quotation says otherwise:

• it is valid for 30 days from its date and may be withdrawn or revised before it is accepted;
• it is based on the site conditions, substrate, dimensions, tile format and access described to us or observed at the measure;
• it itemises preparation, waterproofing and tiling separately, and lists what is excluded; and
• a quotation becomes a contract when you accept it in writing, including by email.

Estimates given verbally or by email before a site measure are indicative only and are not a quotation.

4. Variations, site conditions and materials

Tiling exposes conditions that cannot always be seen at a measure — hollow or out-of-level substrates, water damage, movement in sheeting, failed existing waterproofing or unexpected services. Where such a condition materially changes the work required, we will stop, tell you what we have found, and provide a written variation for your approval before continuing. We will not carry out varied work at additional cost without your agreement.

Where you supply the tiles, you are responsible for quantity, suitability for the application and consistency of shade and calibration between boxes; we will tell you the quantity to allow for cuts and wastage. We are not responsible for delays caused by late, short or damaged client-supplied materials. Natural stone and fired ceramic products vary in shade, veining, texture and size between batches; such variation is inherent in the material and is not a defect.

5. Access, site and program

You must give us safe and reasonable access to the site, together with power, water, lighting and somewhere to mix and clean down. You must tell us of any known hazard, including asbestos-containing material, and we may suspend work where a hazard requires licensed removal or specialist assessment.

Waterproofing membranes, screeds and adhesives require manufacturer-specified cure times, and those times form part of the program. Delays caused by other trades, by client-supplied materials, by access restrictions or by weather on external work may move the completion date; we will keep you informed and reschedule as fairly as we can.

6. Payment

Unless the quotation states otherwise, we invoice a deposit on acceptance for material ordering, progress claims for staged work, and the balance on practical completion. Invoices are payable within 7 days of the invoice date by the method stated on the invoice. All prices are in Australian dollars and, where GST applies, are stated inclusive of GST. Title to materials supplied by us does not pass to you until payment in full has been received. We may charge reasonable costs of recovery on overdue amounts and may suspend work while an undisputed invoice remains unpaid.

7. Consumer guarantees under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth). Among other things, services must be supplied with due care and skill, be fit for any purpose you told us about, and be supplied within a reasonable time. Goods must be of acceptable quality and match their description.

For a major failure with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion of the service.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law where to do so would be unlawful. Where you are a consumer under the Australian Consumer Law, these terms apply subject to those rights. Your rights under any applicable Victorian domestic building legislation and statutory warranties are also unaffected by these terms.

8. Workmanship and defects

We stand behind our workmanship. If you believe there is a defect in the work we have carried out, tell us in writing at [email protected] with a description and, where possible, photographs. We will inspect the work and, where the defect is one we are responsible for, rectify it at our cost.

Our workmanship responsibility does not extend to: damage caused by structural or slab movement, subsidence or building settlement; damage caused by other trades, by later works or by impact; failure of a substrate or waterproofing installed by others; deterioration caused by inadequate cleaning, by harsh or acidic cleaning products, or by a failure to reseal natural stone at the intervals we advise; or fair wear and tear. Manufacturer warranties for tiles, membranes, adhesives and grouts are provided by those manufacturers, and we will pass on the documentation we receive.

9. Limitation of liability

Subject always to clause 7, and to the extent permitted by law:

• our total aggregate liability arising out of or in connection with a contract for services is limited, at our option, to re-supplying the services or to paying the cost of having the services re-supplied, and in any event does not exceed the total amount paid by you to us for the affected work;
• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of use, or loss of anticipated savings; and
• we are not liable for loss or damage to the extent it is caused or contributed to by you, by a third party outside our reasonable control, by materials or designs you supplied or specified, or by an event beyond our reasonable control.

In relation to this website specifically, we exclude liability to the extent permitted by law for loss arising from your reliance on general information published here rather than on a written quotation or specification.

10. Intellectual property

All content on this website — including text, layout, stylesheets, code, drawn graphics, the ECO Craft Tiling Group name and our monogram — is owned by or licensed to ECO Craft Tiling Group Pty Ltd and is protected by the Copyright Act 1968 (Cth) and other applicable laws. You may view this site and print or download extracts for your own personal, non-commercial use in considering our services. You must not otherwise reproduce, adapt, republish, frame or commercially exploit any part of it without our prior written consent.

Setouts, layout drawings, tile schedules and specifications we prepare in the course of quoting remain our intellectual property until paid for, and must not be given to another contractor for pricing or execution without our written consent. Photographs we take of our completed work remain our property and may be used to show examples of our workmanship; tell us in writing if you would prefer your job not to be photographed and we will respect that.

11. Cancellation and termination

You may cancel accepted work by giving us written notice. Where materials have already been ordered or work has commenced, you remain liable for materials supplied, non-returnable items and work performed to the date of cancellation, together with any reasonable costs we have incurred. Where you are a consumer with a statutory cooling-off right under Victorian law, that right applies in addition to this clause and prevails over it.

We may suspend or terminate work by written notice where an undisputed invoice remains unpaid, where the site is unsafe or access is not provided, where a hazard requires licensed remediation, or where you materially breach these terms. Termination does not affect rights or obligations that accrued before it took effect.

12. Privacy

Personal information you provide is handled in accordance with our Privacy Policy, which forms part of these terms.

13. Governing law and jurisdiction

These terms, this website and any contract for the supply of our services are governed by the laws of the State of Victoria, Australia, and by the Commonwealth laws applicable there. You and we submit to the non-exclusive jurisdiction of the courts of the State of Victoria and the courts competent to hear appeals from them. Nothing in this clause prevents either party from applying to the Victorian Civil and Administrative Tribunal or another body with statutory jurisdiction over a dispute.

14. General

If any provision of these terms is found to be void, unenforceable or illegal, it is severed and the remaining provisions continue in force. A failure or delay by us in enforcing a provision is not a waiver of it. These terms, together with the accepted quotation and any approved variations, form the entire agreement between us in relation to the work.

15. Changes to these terms

We may amend these terms from time to time by publishing an updated version on this page. The version in force when you accept a quotation is the version that applies to that work.

16. Contact

ECO Craft Tiling Group Pty Ltd
ABN 94 701 356 934 · ACN 701 356 934
VIC 3029, Australia
Email: [email protected]