1. General Commercial Terms
1.1 On acceptance of its Quote, Watt’s Up Roofing agrees to perform the works for the Customer at the Site as detailed in the Quote subject to these terms and condition.
1.2 This contact can only be amended with the written consent of Watt’s Up Roofing and will not include any other terms or details unless specifically accepted in writing by Watt’s Up Roofing.
1.3 It is the Customer’s responsibility to obtain any approvals, licences or permits necessary for Watt’s Up Roofing to perform the works.
1.4 The Customer must make the site available for access and delivery of goods and the performance of the works at agreed times without unreasonable interruption.
1.5 Any time stated for commencement of, or for performance of the works is an estimate only and is dependent on availability of supply of goods, labour and favourable weather conditions.
1.6 Works will be schedule as soon as reasonably possible.
1.7 Customers must pay for goods supplied prior to or immediately upon delivery. Watt’s Up Roofing has no obligation to deliver unpaid goods.
1.8 All other charges must be paid within 7 days from the earlier of completion of the works/date of invoice.
1.9 Where the works relate to Repairs, any work to be performed is subject to any variations which may arise as a result of any adverse condition of the roof which could not have been identified on a reasonable inspection prior to removal of the roof or any fixed surface. Upon the identification of any such adverse condition Watt’s Up Roofing will advise the Customer of any work and cost required to rectify such adverse condition.
2. Warranty
2.1 The warranties detailed below are subject to the specific provisions detailed in clause 7.
2.2 Watt’s Up Roofing agrees to make good any defect in the fixing of the metal which arises as a direct result of faulty workmanship, for a period of 10 years from the date of installation.
2.3 Watt’s Up Roofing agrees to afford to the Customer the full benefit of any warranty provided by the manufacturer of any product supplied by Watt’s Up Roofing. Note, the warranty applicable to Colorbond or ACE products are detailed on the websites of those manufacturers.
2.4 Watt’s Up Roofing agrees to replace any product which is defective as a result of Watt’s Up Roofing faulty workmanship on installation, for a period equal to the warranty afforded by the manufacturer of such product.
2.5 Minor chipping of roofing sheets may occur during transport or installation. Such chipping will be rectified in a proper and workmanlike manner prior to final completion of the works.
3. Cost/ Variation and Payment
3.1 Watt’s Up Roofing reserves the right to vary the Cost in the event of a variation to Watt’s Up roofing Quote.
3.2 Time for payment of Invoices is of the essence. If not paid when due interest, will accrue and be payable on the balance outstanding from time to time at the rate of 1.5% per month, compounding monthly. The Customer acknowledges that such interest represents a genuine assessment of the loss suffered by Watt’s Up Roofing as a result of the Customers failure to pay such amounts when due.
3.3 Discounts applicable to the Cost will not apply if payment is not made by the due date stated on the invoice and/or statement.
3.4 The Customer agrees to pay additional fees and charges for express orders, requested by the Customer and agreed to by Watt’s Up Roofing.
3.5 Payments must be by cash, electronic funds transfer, credit card (on which payment method a surcharge of 2.5% of the Cost may apply), or by any other method as agreed to between the Customer and Watt’s Up Roofing.
3.6 Unless otherwise expressly stated, GST, delivery Costs and other taxes and duties that may be applicable will be added to the Cost.
4. Delivery of Goods
4.1 Delivery of the Goods will be deemed to have taken place upon the Customer taking possession of the Goods at the Customer’s site.
4.2 The Customer must make all arrangements necessary to take Delivery of the Goods whenever they are tendered for delivery. If such delivery cannot be effected Watt’s Up Roofing may charge redelivery fees.
4.3 Delivery of the Goods to a third party nominated by the Customer is deemed to be Delivery to the Customer for the purposes of this contract.
4.4 Watt’s Up Roofing may deliver the Goods by separate instalments. Each separate instalment must be invoiced and paid in accordance with these terms.
5. Risk and insurance
5.1 All risk in the Goods passes to the Customer on Delivery.
5.2 Where the Goods are Delivered to an unattended location, such Goods will be left at the Customer’s sole risk. It is the Customer’s responsibility to ensure the Goods are adequately insured.
6. Title
6.1 Ownership of the Goods will not pass until:
(a) the Customer has paid Watt’s Up Roofing all amounts owing for the particular Goods (and, if applicable, any Services related to those Goods); and
(b) the Customer has met all other obligations due by the Customer to Watt’s Up Roofing in respect of all contracts between Watt’s Up Roofing and the Customer.
6.2 Payment will not be deemed to have occurred until cleared funds have been received by Watt’s Up Roofing. Watt’s Up Roofing is entitled to register its interest on the PPSR Register
7. Details of Warranty, Defects and Returns
7.1 To the fullest extent permitted by law, liability of Watt’s Up Roofing for any breach of this contract arising as a result of the negligence of Watt’s Up Roofing or for breach of any conditions or warranty implied in this contract or by law is limited to one of the following at Watt’s Up Roofing option:
(a) In the case of Goods - the replacement of the Goods or the supply of equivalent Goods; the repair of the Goods; the payment of the Costs of replacing the Goods or of acquiring equivalent Goods; or the payment of the Cost of having the Goods repaired.
(b) In the case of Services - the supplying of the Services again; or the payment of the Cost of having the Services supplied again.
7.2 Subject to clauses 2 and 7.4, to the full extent permitted by law, all other warranties or liabilities imposed or implied whether by law or by statute are expressly negatived.
7.3 The Customer must identify any relevant defects in Goods or Services within a reasonable time. The Customer must afford Watt’s Up Roofing an opportunity to inspect the Services or Goods (as the case may be) within a reasonable time following identification of any relevant defect. If the Customer fails to comply with these provisions the Services and/or the Goods will be deemed to be free from any defect or damage.
7.4 To the extent that the Australian Consumer Law applies, the Customer may be entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
8. Default and Consequences of Default
8.1 Without prejudice to any other remedies Watt’s Up Roofing may have, if at any time the Customer is in breach of any obligation (including those relating to payment) Watt’s Up Roofing may in addition to recovering interest on monies outstanding to Watt’s Up Roofing, suspend or terminate the supply of Goods and/or the Services to the Customer and any of its other obligations under this contract. Watt’s Up Roofing will not be liable to the Customer for any loss or damage the Customer suffers because Watt’s Up Roofing has exercised its rights under this clause.
8.2 Without prejudice to Watt’s Up Roofing’s other remedies at law and addition to recovering interest on monies outstanding to Watt’s Up Roofing, Watt’s Up Roofing will be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Watt’s Up Roofing will, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Watt’s Up roofing becomes overdue, or in Watt’s Up Roofing opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, administrator, liquidator (provisional or otherwise), trustee in bankruptcy or similar person is appointed in respect of the Customer or any asset of the Customer.
9. Cancellation and delays
9.1 If the Customer seeks to cancels or alter an order, or any part of an order, then without prejudice to any other rights Watt’s Up Roofing has against the Customer, Watt’s Up Roofing may charge the Customer any Costs (including loss of profit) incurred by Watt’s Up Roofing to the date of such cancellation or variation.
9.2 Whilst Watt’s Up Roofing will take all reasonable measures to ensure that orders are completed by the agreed time, the Customer cannot make any claim (of any nature) as a result of any delays of Watt’s Up Roofing in completing the order whether within Watt’s Up Roofing control or otherwise.
10. Intellectual property
10.1 Watt’s Up Roofing does not purport to hold IP Rights to Goods supplied by third parties and is not liable to the Customer for any infringement or unauthorised use of any such IP Rights arising out of performance of this contract. If any dispute or claim arises with respect to any such matter then Watt’s Up Roofing may terminate this contract by notice to the Customer without any liability on the part of Watt’s Up Roofing.
11. Watt’s Up Roofing Website Terms
11.1 The Customer acknowledges and agrees that its personal information may be used in accordance with the Privacy Policy of Watt’s Up Roofing and that has read and agreed to that policy located at www.wattsuproofing.com.au.
11.2 The terms and conditions contained at https://www.wattsuproofing.com.au/terms are deemed to be incorporated in this contract. To the extent of any inconsistency between the provisions of this contract and the website, the terms of this contract prevail.
12. Dispute Resolution
12.1 In the event of a dispute arising under this Contract, the parties agree to refer such dispute to an expert as agreed between the parties. In the event that the parties cannot agree upon such expert, either party may apply to the President for the time being of the Metal Roofing and Cladding Association of Australia, whose decision in relation to such dispute will be as an expert and not an arbitrator and will be final and binding on both parties. Without limiting the generality of the foregoing, such expert will be entitled to determine who is to pay the Costs of such determination. Prior to such determination, both parties must contribute equally to any Costs of such expert.
13. General provisions
13.1 Watt’s Up Roofing, without restriction, may provide any personal information, credit reports and any other information relating to the Customer to any insurer of Watt’s Up Roofing and the Customer irrevocably consents to the disclosure of such information.
13.2 All descriptive specifications, performance figures, drawings, data, dimensions and weights furnished by Watt’s Up Roofing or contained in catalogues, Cost lists or advertisements are by way of general description of the Goods only and are subject to variation by reference to the terms of any relevant supplier to Watt’s Up Roofing.
13.3 If any provision of this contract is held to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
13.4 This contract will be governed by the laws of New South Wales, Australia and is subject to the exclusive jurisdiction of the courts of New South Wales.
13.5 Watt’s Up Roofing will not be under any liability whatsoever to the Customer for any Consequential Loss.
13.6 In the event of any breach of this contract by Watt’s Up Roofing the remedies of the Customer will be limited to damages which under no circumstances must exceed the Cost of the Goods.
13.7 The Customer will not be entitled to set off against, or deduct from the Cost, any sums owed or claimed to be owed to the Customer by Watt’s Up Roofing nor to withhold payment of any invoice because part of that invoice is in dispute.
13.8 Watt’s Up Roofing may license or sub-contract all or any part of its rights and obligations without the Customer’s consent. Watt’s Up Roofing may assign any or all of Watt’s Up Roofing’s rights and obligation under this contract to a third party by providing notice to the Customer.
13.9 Watt’s Up Roofing will not be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, pandemic, Government order or other event beyond the reasonable control of Watt’s Up Roofing.
13.10 Each party must keep this contract and related information confidential, except to the extent it is in the public domain through no fault of a party or if required to be disclosed by law.
13.11 The failure by Watt’s Up Roofing to enforce any provision of these terms and conditions will not be treated as a waiver of that provision, nor will it affect Watt’s Up Roofing’s right to subsequently enforce that provision.
14. Definitions
In this contract:
Consequential Loss means any loss or damage arising from a breach of contract or agreement (including breach of this contract), tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of access to markets, loss of goodwill, indirect or remote or unforeseeable loss, loss of business reputation, future reputation or publicity, or any similar loss whether or not contemplated by the parties at the time of entering this contract.
Cost means all monies payable by the Customer to Watt’s Up Roofing in accordance with this contract (including with respect to the Goods and/or the Services).
Customer means the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any Quote, work authorisation or other form as provided by Watt’s Up Roofing to the Customer.
Watt’s Up Roofing means Watt’s Up Roofing Pty Ltd ABN 34 633 168 019, its successors and assigns.
Goods means all goods supplied by Watt’s Up Roofing to the Customer (and where the context so permits will include any supply of Services as hereinafter defined) and are as described on the invoices, Quote, work authorisation or any other forms as provided by Watt’s Up Roofing to the Customer.
GST means the goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Repairs means any work carried out by Watt’s Up Roofing to resolve a specific problem with a roof or guttering system. Maintenance and replacing components of a roof (such as flashings or tiles) are classified as repairs.
Services means any services supplied by Watt’s Up Roofing to the Customer as stated in the Quote or otherwise provided by Watt’s Up Roofing and includes any advice or recommendations relating the provision of such services.
Works means the works described in the Quote as amended by any agreed variation of such Works.