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SPENCER FLOORING

STANDARD TERMS AND CONDITIONS

  1. Business Name: Spencer Flooring
  2. ABN: 82 896 093 571
  3. Phone: 0416464500
  4. Email: SPENCERFLOORSWA@GMAIL.COM
  5. Document version: 1.1
  6. Last updated: 20/08/2026
  7. Jurisdiction: Western Australia

1. APPLICATION OF THESE TERMS

  1. 1.1 These Terms and Conditions apply to all quotations, invoices, supply arrangements and works undertaken by Spencer Flooring, referred to in this document as ‘the Contractor’.
  2. 1.2 These Terms apply to all job types, including supply-only, supply and installation, floor preparation, removal of existing flooring, repairs, sanding, polishing, maintenance, hybrid flooring, vinyl, laminate, carpet, timber and related works.
  3. 1.3 The person or entity accepting the quotation is referred to as ‘the Client’.
  4. 1.4 The quotation, these Terms and Conditions, any approved variation, plans, specifications and any applicable schedules together form the agreement between the Contractor and the Client.
  5. 1.5 The Client accepts these Terms by signing the quotation or contract, accepting the quotation in writing, paying a deposit, instructing the Contractor to order materials, or allowing works to commence.
  6. 1.6 If any provision of these Terms conflicts with a requirement of applicable legislation, including the Home Building Contracts Act 1991 (WA), the Building Services (Registration) Act 2011 (WA), the Work Health and Safety Act 2020 (WA), the Australian Consumer Law, or any other non-excludable law, the legislative requirement prevails to the extent of the inconsistency.

2. QUOTATIONS AND SCOPE OF WORKS

  1. 2.1 Quotations are valid for 30 days from the date of issue unless stated otherwise in writing.
  2. 2.2 The quotation is based on the information provided by the Client, the visible site conditions at the time of inspection, and the assumptions expressly recorded in the quotation.
  3. 2.3 Unless specifically included in the quotation, the price does not include:
  4. a. Removal or disposal of hazardous materials, including asbestos-containing materials;
  5. b. Structural repairs;
  6. c. Rectification of moisture, water damage, mould, rot, termite damage or pest damage;
  7. d. Levelling, grinding, patching, screeding or substrate remediation beyond the allowance stated in the quotation;
  8. e. Moving furniture, appliances, plumbing fixtures, skirting boards, doors, cabinetry or other fixtures;
  9. f. Electrical, plumbing, painting, building, demolition or carpentry works;
  10. g. Permit, strata, building management or access costs;
  11. h. Work outside normal working hours; or
  12. i. Unforeseen site conditions.
  13. 2.4 A quotation is not a fixed-price contract unless it expressly states that it is fixed-price and identifies the precise scope of works.
  14. 2.5 Any estimate of quantities, materials, completion date or duration is an estimate only, unless expressly stated otherwise.

3. CONTRACT REQUIREMENTS FOR RESIDENTIAL BUILDING WORK

  1. 3.1 Where the works are residential building work or home building work regulated by Western Australian legislation, the Contractor and Client must use the form of contract, notices, payment arrangements and insurance required by law.
  2. 3.2 Nothing in these Terms permits the Contractor to request or receive a deposit or progress payment that is not permitted by applicable Western Australian law.
  3. 3.3 If a building permit, registration, home indemnity insurance, statutory notice, written contract or other legal requirement applies to the works, the Contractor may delay commencement until that requirement has been satisfied.
  4. 3.4 If the works fall outside the scope of the Contractor’s registration, licence, insurance or competence, the Contractor may decline that component of the works or require it to be completed by an appropriately qualified and authorised contractor.

4. PAYMENT TERMS

  1. 4.1 The Client must pay the deposit, progress payments and final payment stated in the quotation, invoice or written contract.
  2. 4.2 For works to which the Home Building Contracts Act 1991 (WA) or another statutory payment regime applies, the deposit and payment schedule will comply with that legislation. If there is any inconsistency, the legislation prevails.
  3. 4.3 For work not subject to a statutory payment regime, the Contractor may require a reasonable deposit before ordering materials or booking labour.
  4. 4.4 The balance is due on practical completion unless the quotation or contract provides for progress payments.
  5. 4.5 ‘Practical completion’ means the works are substantially complete and capable of normal use for their intended purpose, subject to minor defects, omissions or items that do not prevent normal use.
  6. 4.6 The Client must not withhold payment because of a minor defect or omission. The Client may retain only a reasonable amount genuinely related to the cost of rectifying the relevant defect or omission, where permitted by law.
  7. 4.7 If an amount remains unpaid after its due date, the Contractor may, after giving any notice required by law:
  8. a. Charge interest at the rate specified in the quotation or, if no rate is specified, at 10% per annum calculated daily;
  9. b. Suspend works or delay further deliveries;
  10. c. Recover reasonable debt-collection, legal and administrative costs; and
  11. d. Exercise any legal rights available to recover the debt.
  12. 4.8 Payment is not received until cleared funds have been received by the Contractor.
  13. 4.9 The Contractor may issue a payment claim and exercise rights available under the Building and Construction Industry (Security of Payment) Act 2021 (WA), where applicable.

5. VARIATIONS

  1. 5.1 A variation is any change to the scope, materials, quantities, method, programme or price of the works.
  2. 5.2 The Contractor must provide a written variation quotation or written record of the variation before carrying out the variation, unless:
  3. a. Urgent work is reasonably necessary to protect persons or property;
  4. b. The Client directs the work to proceed before a written price can reasonably be provided; or
  5. c. The variation is required to comply with a legal, safety or manufacturer requirement.
  6. 5.3 A variation must be accepted in writing by the Client before it is carried out, except where clause 5.2 applies.
  7. 5.4 Variations may result in additional costs and an extension of time.
  8. 5.5 The Contractor is not liable for delay, cost or loss arising from a variation requested by the Client, an unapproved variation, or the Client’s failure to make a timely decision.

6. SITE ACCESS, SITE PREPARATION AND CLIENT RESPONSIBILITIES

  1. 6.1 The Client must provide safe, clear and reasonable access to the site on the agreed dates.
  2. 6.2 Unless expressly included in the quotation, the Client must remove or arrange removal of furniture, appliances, personal items, curtains, floor coverings, fittings and breakable items from the work area.
  3. 6.3 The Client must provide reasonable access to electricity, water, toilets and parking, where required for the works.
  4. 6.4 The Client must ensure that the work area is safe and free of hazards, including animals, unsafe structures, exposed electrical services, contaminated materials and hazardous substances.
  5. 6.5 The Client must disclose to the Contractor all known or suspected site conditions relevant to the works, including:
  6. a. Asbestos or other hazardous materials;
  7. b. Moisture, leaks, flooding or drainage issues;
  8. c. Structural movement, cracking or unstable substrates;
  9. d. Previous floor failures;
  10. e. Concealed services; and
  11. f. Any strata, landlord, building manager or local government requirements.
  12. 6.6 If the site is not ready, safe or accessible on the agreed commencement date, the Contractor may reschedule the works and charge reasonable waiting time, travel, storage, re-attendance or remobilisation costs.

7. EXISTING STRUCTURES, SUBSTRATE AND CONCEALED CONDITIONS

  1. 7.1 The Contractor will carry out a reasonable visual inspection of accessible areas before commencing work.
  2. 7.2 The Contractor is not responsible for concealed, latent or pre-existing conditions that could not reasonably be identified during a visual inspection.
  3. 7.3 These conditions may include unlevel floors, inadequate subfloor ventilation, dampness, moisture ingress, hydrostatic pressure, concrete failure, structural movement, termite damage, rot, mould, poor previous workmanship, cracking, inadequate framing, contaminated surfaces or unsuitable adhesives.
  4. 7.4 If the Contractor identifies an unsuitable substrate or site condition, the Contractor may stop work and provide a variation quotation for additional preparation, remediation or rectification work.
  5. 7.5 The Contractor is not liable for defects, movement, lifting, cupping, cracking, delamination, staining, mould, odour, moisture damage or failure caused wholly or partly by pre-existing conditions, site conditions, water ingress, structural movement, inadequate ventilation, or defects in Client-supplied products.
  6. 7.6 The Contractor may require a moisture test, substrate assessment or specialist report before proceeding. The cost will be payable by the Client unless expressly included in the quotation.

8. PRODUCT SELECTION, SAMPLES AND SUITABILITY

  1. 8.1 The Client is responsible for final approval of products, colours, finishes, patterns, grades, trims and layouts.
  2. 8.2 Samples, showroom displays, photographs and digital images are indicative only. Colour, shade, grain, texture, sheen, pattern, batch and natural characteristics may vary between samples and supplied products.
  3. 8.3 Natural timber, stone and similar materials may contain knots, grain variation, colour variation, checking, movement and other natural characteristics. These are not defects.
  4. 8.4 The Contractor may provide general product advice in good faith. However, the Client remains responsible for ensuring that the selected product is suitable for the intended use, expected traffic, pets, sunlight exposure, wet areas, underfloor heating and maintenance regime.
  5. 8.5 The Contractor does not warrant that a product is suitable for a purpose not disclosed to the Contractor before the quotation is accepted.
  6. 8.6 Manufacturer warranties apply in accordance with the manufacturer’s written terms. The Client must comply with the manufacturer’s installation, cleaning, maintenance and environmental requirements.
  7. 8.7 Where the Client supplies materials, the Client is responsible for product suitability, quality, quantity, batch matching, delivery timing and manufacturer compliance. The Contractor is not liable for loss, delay or defect arising from Client-supplied materials.

9. WORKMANSHIP, WARRANTIES AND CONSUMER RIGHTS

  1. 9.1 The Contractor warrants that its workmanship will be carried out with due care and skill and in accordance with applicable law.
  2. 9.2 Subject to clause 9.4, the Contractor provides a 12-month workmanship warranty from practical completion for defects directly caused by defective installation workmanship.
  3. 9.3 This warranty does not limit, any rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law and any statutory warranties that apply to residential building work in Western Australia.
  4. 9.4 The workmanship warranty does not cover:
  5. a. Normal wear and tear;
  6. b. Damage caused by misuse, neglect, impact, pets, furniture, appliances, high heels, dragging objects or improper maintenance;
  7. c. Moisture, flooding, leaks, humidity, temperature changes or inadequate ventilation;
  8. d. Structural movement or substrate failure;
  9. e. Natural movement, colour variation or ageing of products;
  10. f. Client-supplied products;
  11. g. Damage caused by third parties; or
  12. h. Work altered, repaired or interfered with by another person without the Contractor’s written consent.
  13. 9.5 The Client must notify the Contractor in writing of any claimed defect within a reasonable time after becoming aware of it and must provide reasonable access for inspection and rectification.
  14. 9.6 Nothing in these Terms excludes, restricts or modifies a consumer guarantee, statutory warranty or other right that cannot lawfully be excluded.

10. CANCELLATION, SUSPENSION AND RESCHEDULING

  1. 10.1 The Client may cancel an accepted quotation by written notice.
  2. 10.2 If the Client cancels after accepting a quotation, the Client must pay for:
  3. a. Materials ordered, cut, manufactured, delivered or unable to be returned;
  4. b. Labour, subcontractor or supplier costs already committed;
  5. c. Reasonable administration, design, storage, cancellation and restocking costs; and
  6. d. Work completed up to the cancellation date.
  7. 10.3 If the Contractor cancels or suspends works because of the Client’s breach, unsafe conditions, non-payment, lack of access, undisclosed asbestos or another material site risk, the Client must pay reasonable costs incurred to that point.
  8. 10.4 The Contractor may reschedule works due to weather, illness, labour shortages, supplier delay, material unavailability, safety risks, site conditions, client delay or events outside the Contractor’s reasonable control.

11. DELAYS AND EXTENSIONS OF TIME

  1. 11.1 The Contractor is entitled to a reasonable extension of time for delays caused by:
  2. a. Variations;
  3. b. Client delay or failure to provide access, approvals or information;
  4. c. Material shortages or supplier delay;
  5. d. Weather;
  6. e. Industrial action;
  7. f. Government directions or regulatory requirements;
  8. g. Safety incidents;
  9. h. Discovery of asbestos or other hazardous materials; or
  10. i. Any event beyond the Contractor’s reasonable control.
  11. 11.2 The Contractor will take reasonable steps to minimise delays where practicable.
  12. 11.3 The Contractor is not liable for indirect or consequential loss caused by a delay beyond the Contractor’s reasonable control.

12. HEALTH, SAFETY AND HAZARDOUS MATERIALS

  1. 12.1 The Contractor may stop work immediately if it reasonably believes that continuing work would create a health or safety risk.
  2. 12.2 The Client must disclose known or suspected asbestos, lead paint, mould, chemical contamination, biological hazards and other hazardous materials.
  3. 12.3 If asbestos or another hazardous material is known, suspected or discovered, the Contractor may stop work until the material is assessed, controlled or removed in accordance with applicable law.
  4. 12.4 The optional Schedule A – Asbestos and Hazardous Materials must be completed and attached where the works involve removal, disturbance, cutting, sanding, drilling or preparation of existing materials in a building constructed before 31 December 2003, or where the age or material composition is unknown.

13. LIMITATION OF LIABILITY

  1. 13.1 To the maximum extent permitted by law, the Contractor’s liability arising from or in connection with the works is limited to the reasonable cost of rectifying defective services or supplying the services again.
  2. 13.2 The Contractor is not liable for indirect or consequential loss, including loss of income, loss of profit, loss of use, alternative accommodation costs, financing costs or business interruption, except where liability cannot lawfully be excluded.
  3. 13.3 Nothing in these Terms excludes or limits rights that cannot lawfully be excluded under the Australian Consumer Law, the Home Building Contracts Act 1991 (WA), the Building Services (Complaint Resolution and Administration) Act 2011 (WA), or any other applicable law.
  4. 13.4 The Client must take reasonable steps to mitigate any loss.

14. INSURANCE

  1. 14.1 The Contractor will maintain public liability insurance appropriate to its business and legal requirements.
  2. 14.2 Evidence of current insurance will be provided on reasonable written request.
  3. 14.3 The Client is responsible for maintaining appropriate building, contents and other insurance for the site and property during the works.

15. TITLE TO GOODS

  1. 15.1 Title to goods supplied by the Contractor remains with the Contractor until the Client has paid all amounts due in cleared funds, to the extent permitted by law.
  2. 15.2 Until payment is made in full, the Client must take reasonable care of the goods and keep them identifiable where reasonably practicable.
  3. 15.3 This clause does not authorise the Contractor to enter the Client’s property or remove installed goods except with the Client’s written consent or as otherwise permitted by law.

16. DISPUTE RESOLUTION

  1. 16.1 If a dispute arises, the Client and Contractor must first attempt to resolve it through good-faith discussions.
  2. 16.2 The Client must give the Contractor written notice of the issue, including sufficient detail to allow the Contractor to investigate and, where appropriate, inspect the works.
  3. 16.3 The Contractor must be given a reasonable opportunity to inspect the alleged defect and, where legally and contractually appropriate, rectify it.
  4. 16.4 If the dispute is not resolved within 14 days, either party may seek assistance from a mutually agreed mediator, Building and Energy / DEMIRS, Consumer Protection, a court, tribunal or another body with jurisdiction.
  5. 16.5 Nothing in this clause prevents either party from exercising rights under the Building and Construction Industry (Security of Payment) Act 2021 (WA), seeking urgent legal relief, or relying on a statutory dispute-resolution process.

17. PRIVACY

  1. 17.1 The Contractor may collect, use and store personal information reasonably required to provide quotations, carry out works, process payments, arrange deliveries, manage warranty claims and comply with legal obligations.
  2. 17.2 The Contractor may provide relevant information to suppliers, subcontractors, insurers, debt-recovery agencies and professional advisers where reasonably necessary.

18. GENERAL

  1. 18.1 These Terms, the quotation, approved variations and attached schedules form the entire agreement between the parties.
  2. 18.2 Any amendment must be in writing and accepted by both parties.
  3. 18.3 If a clause is unenforceable, it will be read down or severed to the extent necessary without affecting the remaining clauses.
  4. 18.4 A waiver is effective only if made in writing.
  5. 18.5 These Terms are governed by the laws of Western Australia. The parties submit to the jurisdiction of Western Australian courts and tribunals.