Terms and Conditions

0. Business Details

Business Name: ELYMENT
ABN: 91 680 852 608
Email: james@elyment.com.au
Showroom: 8/589 Withers Rd, Rouse Hill NSW 2155

1. Definitions and Interpretation

1.1 ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

1.2 Client, you and your means the person or entity requesting products or services from ELYMENT.

1.3 ELYMENT, we, us and our means ELYMENT (ABN 91 680 852 608).

1.4 Quote means our written quotation, proposal or estimate setting out the scope, inclusions, exclusions, price and any special conditions.

1.5 Products means flooring and related products supplied by us, including but not limited to timber, laminate, vinyl, hybrid, microcement, tiles, underlays, trims, adhesives and finishes.

1.6 Services means any work performed by us including supply, delivery, removal, disposal, floor preparation, moisture and level assessment, installation and finishing.

1.7 Site means the property location where Services are carried out and or Products are delivered.

1.8 Variation means any change to the Quote, scope, Products, Services, quantities, site conditions, timing, access, program or finishes.

1.9 If there is any inconsistency between these Terms and a Quote, the Quote will prevail to the extent of the inconsistency for that project.

1.10 If a law applies and cannot be excluded, these Terms operate subject to that law.

2. How You Accept These Terms

2.1 You accept these Terms when you do any of the following:

a) sign a Quote or agreement (including electronically)
b) confirm acceptance by email or in writing
c) pay a deposit or any invoice issued by us
d) instruct us to commence work, order materials, book labour or schedule installation
e) accept delivery of Products or accept Services

2.2 For residential building work in NSW where the law requires a written contract signed by both parties, we may require a signed contract (including electronic signature) before starting work.

3. Scope of Services

3.1 We supply Products and provide Services for residential and commercial projects. Our core focus is residential flooring supply, preparation and installation.

3.2 Services may include:

a) removal of existing flooring
b) disposal of removed materials
c) subfloor preparation (including grinding, patching, smoothing and levelling where quoted)
d) moisture and level assessment where required
e) installation of flooring and finishes
f) trims, transitions and associated finishing work as described in your Quote

3.3 Only the items expressly listed as included in your Quote are included. Common exclusions unless stated include:

a) moving heavy furniture, appliances, pool tables or pianos
b) electrical and plumbing disconnection or reconnection
c) carpentry, joinery, cabinetry and structural repairs
d) painting, plastering and decorative finishes outside the quoted scope
e) rectification of pre existing structural movement or building defects
f) skirting removal and reinstatement unless specified

3.4 Supply only orders: If you purchase Products only (no installation by us), our responsibility is limited to supplying the Products listed on your invoice. You and or your installer are responsible for confirming suitability, site conditions, installation method and compliance with manufacturer requirements.

3.5 Third parties: We may coordinate or recommend third party trades. If a third party is engaged directly by you, your agreement is with them and we are not responsible for their work. If we engage subcontractors under our contract with you, we remain responsible for their work.

4. Client Obligations and Site Conditions

4.1 You must provide accurate and timely information about the Site, access, conditions and any known issues that may affect the work.

4.2 You must ensure the Site is ready for work at the scheduled time, including:

a) clear access to all work areas
b) adequate lighting and electricity
c) a safe working environment
d) pets and children kept away from work areas
e) floors cleared of furniture and personal items unless agreed otherwise

4.3 If our team attends and cannot proceed due to Site not being ready, restricted access, safety issues, other trades blocking the work, or missing approvals, we may:

a) reschedule the work, and
b) charge reasonable call out, waiting time, stand down and re booking costs.

4.4 You are responsible for obtaining any required approvals, strata approvals, building approvals or permits unless your Quote states otherwise.

4.5 You must tell us before we start about any known hazards including asbestos, suspected asbestos containing materials, lead paint, mould, infestations, unsafe wiring, unstable subfloors, concealed services or water damage.

4.6 If we suspect hazardous materials or unsafe conditions, we may stop work immediately. Any testing, specialist removal, remediation or delays will be treated as a Variation.

4.7 Demolition and removal delicacy: Removing existing tiles, timber, slate, magnesite, underlays, adhesives, or similar materials is inherently delicate and can reveal hidden conditions. You acknowledge that chipping, cracking, splintering, delamination, or damage to substrates, waterproofing membranes, skirtings, walls, fixings, or adjacent finishes may be unavoidable as part of the removal process. To the maximum extent permitted by law, we are not responsible for unavoidable damage that occurs despite reasonable care and skill, and any required remediation or reinstatement is a Variation unless expressly included in the Quote.

5. Quotes, Pricing and Variations

5.1 Quote validity: Unless otherwise stated, written quotes are valid for 30 days from issue.

5.2 Assumptions: Quotes are based on the scope, measurements and Site information available at the time. If actual conditions differ, pricing and timelines may change.

5.3 Fixed price vs estimate:

a) If your Quote states a fixed price, that price applies to the stated scope and assumptions.
b) If your Quote is an estimate, the final price may vary based on actual quantities, conditions and time required.

5.4 Unforeseen conditions: Flooring projects commonly involve hidden issues such as uneven subfloors, moisture, adhesive residues, multiple layers, damaged substrates, non compliant existing work, or access constraints. These are not included unless stated and may require a Variation.

5.5 Variations:

a) Variations must be approved in writing before we proceed (email is acceptable).
b) A Variation may affect price and timing.
c) If urgent work is required to prevent injury or property damage, we may proceed and document the Variation as soon as reasonably possible.

5.6 Material availability and substitutions: If a Product is unavailable, discontinued, delayed, or subject to supplier allocation, we may propose alternatives. Any change will be treated as a Variation unless the substitution is like for like at the same price.

5.7 Supplier price changes: If supplier prices increase after quoting but before we place the order, we may adjust the price for the affected items. We will notify you and you may choose to:

a) proceed with the revised price
b) select an alternative Product
c) cancel the affected items (subject to clause 10 if orders have already been placed)

5.8 Samples and appearance: Samples, showroom displays and photos are indicative only. Natural products and batch manufactured products can vary in colour, shade, grain, pattern, texture and finish. Variation within reasonable industry tolerance is not a defect.

6. Scheduling, Access and Delays

6.1 Any start date or timeframe is an estimate unless we confirm it in writing as fixed.

6.2 Timeframes may change due to:

a) Product lead times and supplier delays
b) weather or curing conditions
c) Site readiness issues
d) other trades and access limitations
e) Variations

6.3 If you request changes to dates after we have scheduled labour or deliveries, we may charge reasonable rescheduling and stand down costs, especially where short notice prevents us from filling those days with other work.

6.4 You agree to provide Site access during the agreed hours. If access is not available, delays and extra costs may apply.

7. Deposits, Payments and Invoicing

7.1 Residential deposit limit: Where your project is residential building work in NSW and a deposit is taken before work is commenced, the deposit will not exceed 10 percent of the contract price, as required by law. If a Quote or invoice suggests a higher deposit, it is taken to be reduced to the lawful maximum.

7.2 Home Building Compensation cover: If Home Building Compensation cover is legally required for your project (commonly where the contract price is $20,000 or more including GST), we will provide you with the certificate of cover before we request a deposit or other payment under the contract and before starting work.

7.3 Deposit and progress payments: Your Quote will state the payment structure, which may include:

a) a deposit (subject to clause 7.1)
b) a materials procurement progress payment once Products are ordered or costs are incurred
c) progress payments at milestones for longer projects
d) payment of the balance at practical completion

7.4 Payment timing: Unless your Quote states otherwise:

a) invoices are due upon issue
b) final payment is due at practical completion and before handover of completion documentation (where relevant).

Payment in full is usually required on completion unless your Quote specifies a different schedule.

7.5 Payment methods: We accept EFT, direct deposit, bank cheque, and credit or debit card. Cash may be accepted by arrangement.

7.6 Card surcharges: Card payments may incur a merchant surcharge which will be disclosed on your invoice.

7.7 No set off: You must pay invoices in full without set off, withholding or deductions unless required by law.

7.8 GST: Prices are in Australian Dollars. GST is included or excluded as stated on the Quote and invoice.

7.9 Late payment: If payment is overdue, we may:

a) charge a $250 late fee on any overdue account,
b) charge interest at 10 percent per annum calculated daily on overdue amounts, and
c) recover reasonable costs of administration, collection and legal recovery.

7.10 Suspension: If an invoice is overdue, we may suspend Services, pause deliveries, or delay scheduling until the account is brought up to date.

7.11 Security of Payment: Where applicable, an invoice may be a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW). If you dispute a payment claim, you must provide a payment schedule within the time required by the Act.

7.12 Credit checks for commercial clients: If trade credit is requested, you authorise us to conduct credit and reference checks and to handle your information in accordance with the Privacy Act 1988 (Cth).

8. Products, Delivery, Ownership and Risk

8.1 Delivery: Delivery dates are estimates. You must ensure someone is available to receive Products where required. If delivery cannot be completed due to access issues, re delivery and storage costs may apply.

8.2 Storage and protection: Products delivered to Site must be protected from weather, theft, damage and moisture. If you request off site storage, storage fees may apply.

8.3 Risk: Risk in Products passes to you when the Products are delivered to the Site, or when installed, whichever occurs first.

8.4 Retention of title: Ownership of Products remains with ELYMENT until all amounts owing are paid in full.

8.5 PPSA: Our retention of title may constitute a purchase money security interest under the Personal Property Securities Act 2009 (Cth). We may register our interest on the PPSR. You must do anything reasonably required to give effect to this clause.

9. Quality, Installation Standards, Defects and Warranties

9.1 We will perform Services with due care and skill and in accordance with manufacturer installation instructions and applicable codes and standards where relevant.

9.2 Client supplied products: If you supply your own products or materials, we are not responsible for their quality, suitability, compliance, lead times, or any defects. Any additional labour caused by unsuitable products is a Variation.

9.3 Workmanship warranty: We provide a twelve month workmanship warranty for installation Services, starting from practical completion, in addition to your rights under the ACL and any statutory warranties that apply under NSW law.

Our installation services are warranted for 12 months against defects in workmanship.

9.4 Manufacturer warranties: Manufacturer warranties apply to Products where provided by the manufacturer. Warranty claims may require proof of purchase and evidence of correct installation and maintenance.

9.5 Not defects: The following are not defects unless they result from our failure to exercise due care and skill:

a) normal wear and tear
b) changes due to moisture, temperature, humidity, building movement or structural issues
c) damage by other trades, occupants, pets, furniture movement or cleaning methods not recommended
d) natural variation in timber, stone look products, microcement characteristics, and batch variation
e) minor surface marks consistent with reasonable installation tolerance in occupied homes

9.6 Reporting issues: You must notify us as soon as reasonably practicable after discovering an issue. We may need access to inspect before any repair or rectification is arranged.

9.7 We are not responsible for rectification where you or another party attempts repairs, alterations or removal before we have had a reasonable opportunity to inspect.

10. Cancellations, Postponements and Refunds

10.1 Client cancellation: If you cancel after accepting the Quote, you must pay for:

a) all Services performed to date
b) all Products ordered, delivered, cut, customised or reserved for you
c) supplier cancellation, restocking and freight charges where applicable
d) reasonable administration and scheduling costs
e) reasonable labour stand down costs where cancellation or postponement occurs on short notice and we cannot reallocate the booked time

10.2 Special order and custom items: If Products are special order, custom, made to measure, tinted, or otherwise non returnable, payments for those items are non refundable once the order is placed with the supplier, except where required by law.

10.3 Short notice postponements: If you postpone within a short period before the scheduled start date, we may charge reasonable stand down and rescheduling costs if the change leaves our team without work that we could reasonably fill.

10.4 Refunds: Any refund will be reduced by the amounts in clause 10.1 and any non recoverable costs we have incurred. If the Quote has not been accepted and no orders have been placed, any paid amount will be refunded in full less reasonable transaction fees where applicable.

10.5 Our cancellation: If we cancel due to circumstances beyond our control (for example, unsafe Site, inability to obtain materials, or non payment), we may terminate the contract and invoice for work performed and costs incurred up to cancellation. If we terminate without cause (rare), we will refund any amounts paid for work not performed and materials not ordered.

10.6 Nothing in this clause limits any cooling off rights or other rights you may have under applicable law.

11. Limitation of Liability and Consumer Rights

11.1 Consumer guarantees: Our goods and services come with guarantees that cannot be excluded under the ACL.

11.2 To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of business, loss of opportunity, or loss of use.

11.3 If you acquire goods or services from us that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then to the extent permitted by section 64A of the ACL, our liability is limited (at our option) to one or more of the following:

a) resupplying the services or paying the cost of resupplying the services
b) replacing the goods, repairing the goods, or paying the cost of replacement or repair

11.4 Nothing in these Terms excludes liability for fraud, wilful misconduct, or any liability that cannot legally be excluded.

12. Indemnity

12.1 To the extent permitted by law, you agree to indemnify ELYMENT for loss, damage, liability and reasonable costs arising from:

a) your breach of these Terms
b) your instructions or supplied information being incorrect or incomplete
c) acts or omissions of third parties engaged by you
d) Site hazards or unsafe conditions not disclosed to us

except to the extent caused by our failure to exercise due care and skill.

13. Dispute Resolution and Governing Law

13.1 If there is a dispute, you agree to first notify us in writing with details and allow a reasonable opportunity to inspect and respond.

13.2 If the dispute is not resolved, the parties agree to attempt good faith negotiation. If still unresolved, either party may propose mediation with an independent mediator in NSW.

13.3 These Terms are governed by the laws of New South Wales. The parties submit to the courts and tribunals of New South Wales.

14. Privacy, Confidentiality and Marketing

14.1 We collect and handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

14.2 You consent to us using your information for quoting, supplying Products, performing Services, invoicing, receiving payment, warranty support, credit checks (where applicable), and legal compliance.

14.3 Photos and video: We may take photos or video of work progress and finished results for quality records and marketing. We will not publish personal identifying details without consent. If you do not want your project images used in marketing, you must notify us in writing before work starts.

14.4 Both parties must keep confidential information confidential except where disclosure is required by law or necessary to perform the Services.

15. Intellectual Property

15.1 All drawings, plans, layouts, templates, checklists, processes, photos and other materials created by ELYMENT remain our property unless otherwise agreed in writing.

15.2 You may use such materials only for your project with ELYMENT and may not reproduce or reuse them for other projects without our written consent.

16. Subcontractors and Personnel

16.1 We may engage employees and subcontractors to perform some or all of the Services.

16.2 We remain responsible for Services performed by our subcontractors under our contract with you.

17. General

17.1 Notices: Notices may be given by email to the last email address provided by the receiving party.

17.2 Severability: If any provision is invalid or unenforceable, it will be severed and the rest remains in effect.

17.3 Waiver: A waiver must be in writing. A waiver of one breach is not a waiver of any later breach.

17.4 Amendments: We may update these Terms from time to time. The version current at the time you accept the Quote applies to your project unless we agree otherwise in writing.

17.5 Entire agreement: These Terms together with the Quote and any written variations form the entire agreement and supersede prior discussions.

18. Acceptance

By accepting a Quote, paying any amount, or instructing ELYMENT to proceed, you confirm that you have read, understood and agree to these Terms and Conditions.