Terms and Conditions for Elyment Legal
Introduction
These Terms and Conditions govern the provision of property law services by Elyment Legal, a division of Elyment Pty Ltd. By engaging Elyment Legal, you agree to these Terms and Conditions. If you do not agree, you must refrain from using our services.
Elyment Legal
ACN: 680852608
Address: Unit 8, 589 Withers Road, Rouse Hill NSW 2155
Website: elyment.com.au
Email: legal@elyment.com.au
Phone: 0414 895 094
These Terms apply to all property law services offered by Elyment Legal.
1. Definitions
1.1 Elyment Legal refers to the legal division of Elyment Pty Ltd.
1.2 Client refers to the individual or entity engaging Elyment Legal’s services.
1.3 Services refers to property law services, including advisory, dispute resolution, lease drafting, and related legal support, excluding conveyancing (covered separately).
1.4 Costs Agreement refers to a written agreement outlining fees, disbursements, and terms for services.
2. Scope of Services
2.1 Elyment Legal provides property law services, including:
- Advising on property disputes (e.g., boundary issues, easements).
- Drafting and reviewing leases, covenants, and strata agreements.
- Advising on strata and community title matters.
- Providing legal opinions on property transactions or regulations.
2.2 Services are detailed in a Costs Agreement and Disclosure Statement, per the Legal Profession Uniform Law (NSW).
2.3 Elyment Legal does not provide conveyancing services under this division; see Elyment Conveyancing Terms for such services.
3. Engagement and Client Obligations
3.1 Engagement is formalized upon signing a Costs Agreement.
3.2 The Client must:
- Provide accurate, complete, and timely information.
- Respond promptly to requests for instructions or documents.
- Meet financial obligations per the Costs Agreement.
3.3 Elyment Legal may terminate services if the Client: - Fails to comply with obligations.
- Provides misleading or incomplete information.
- Fails to pay fees within agreed terms.
4. Fees and Disbursements
4.1 Fees are outlined in the Costs Agreement, including:
- Professional fees for legal services.
- Disbursements (e.g., filing fees, barrister fees, search costs).
4.2 Fees are subject to GST per Australian taxation laws.
4.3 Payment terms: - A retainer may be required before work begins.
- Invoices are payable within 7 days unless otherwise specified.
4.4 Late payments incur interest at 5% per month. Elyment Legal may suspend or terminate services for unpaid invoices.
5. Disclosure Obligations
5.1 Elyment Legal complies with the Legal Profession Uniform Law (NSW) for cost disclosures.
5.2 A Disclosure Statement and Costs Agreement will detail:
- Service scope.
- Estimated costs (where feasible).
- Client rights for dispute resolution.
5.3 Clients may request an itemized bill within 30 days of receiving an invoice.
6. Confidentiality and Privacy
6.1 Elyment Legal complies with the Privacy Act 1988 (Cth) and Legal Profession Uniform Law (NSW), safeguarding Client information.
6.2 The Client consents to information use and disclosure as needed for services, including:
- Engaging third parties (e.g., barristers, experts).
- Filing with courts or authorities.
6.3 Elyment Legal is not liable for unauthorized access due to cyber-attacks or breaches beyond its control.
7. Liability and Limitation
7.1 Services are provided with due care and skill per Australian law.
7.2 Elyment Legal is not liable for:
- Losses from Client’s failure to provide accurate or timely information.
- Delays caused by third parties (e.g., courts, government bodies).
- Indirect, consequential, or incidental damages, except as required by law.
7.3 Liability is limited under the Professional Standards Scheme and Australian Consumer Law.
8. Termination
8.1 The Client may terminate engagement with written notice, paying for services and disbursements up to termination.
8.2 Elyment Legal may terminate if:
- The Client breaches these Terms.
- Non-payment persists beyond 7 days.
- A conflict of interest arises.
8.3 Termination does not relieve the Client of payment obligations for work completed.
9. Dispute Resolution
9.1 Fee or service concerns must be raised in writing within 14 days.
9.2 Cost disputes may be referred to the Office of the Legal Services Commissioner (NSW).
9.3 Both parties will attempt amicable resolution before legal action, subject to NSW courts.
10. Intellectual Property
10.1 Materials, advice, or templates provided by Elyment Legal remain its intellectual property.
10.2 Clients may not reproduce or distribute such materials without written consent.
11. Jurisdiction
These Terms are governed by NSW law, with disputes subject to NSW courts.
12. Changes to Terms
12.1 Elyment Legal may amend these Terms, published at elyment.com.au/terms, effective immediately.
12.2 Continued engagement constitutes acceptance of changes.
13. Contact
For inquiries:
Elyment Legal
Address: Unit 8, 589 Withers Road, Rouse Hill NSW 2155
Phone: 0414 895 094
Email: legal@elyment.com.au
By engaging Elyment Legal, you confirm agreement to these Terms.
Terms and Conditions for Elyment Conveyancing
Introduction
These Terms and Conditions govern the provision of conveyancing services by Elyment Conveyancing, a division of Elyment Pty Ltd. By engaging Elyment Conveyancing, you agree to these Terms and Conditions. If you do not agree, you must refrain from using our services.
Elyment Conveyancing
ACN: 680852608
Address: Unit 8, 589 Withers Road, Rouse Hill NSW 2155
Website: elyment.com.au
Email: legal@elyment.com.au
Phone: 0414 895 094
These Terms apply to all conveyancing services offered by Elyment Conveyancing.
1. Definitions
1.1 Elyment Conveyancing refers to the conveyancing division of Elyment Pty Ltd.
1.2 Client refers to the individual or entity engaging conveyancing services.
1.3 Services refers to conveyancing for property sales, purchases, or transfers, including contract preparation, settlement, and related tasks.
1.4 Costs Agreement refers to a written agreement outlining fees, disbursements, and terms.
2. Scope of Services
2.1 Elyment Conveyancing provides services for:
- Sale and purchase of residential and commercial properties.
- Preparation and review of contracts for sale or purchase.
- Acting in property settlements and title transfers.
- Liaising with financial institutions, agents, and authorities.
2.2 Services are detailed in a Costs Agreement and Disclosure Statement, per the Legal Profession Uniform Law (NSW).
2.3 Services exclude general property law advice (see Elyment Legal Terms).
3. Engagement and Client Obligations
3.1 Engagement is formalized upon signing a Costs Agreement.
3.2 The Client must:
- Provide accurate property details, identification, and financial information.
- Respond promptly to requests for documents or instructions.
- Pay fees and disbursements per the Costs Agreement.
3.3 Elyment Conveyancing may terminate services if the Client: - Fails to provide required information.
- Breaches payment terms.
- Engages in fraudulent or misleading conduct.
4. Fees and Disbursements
4.1 Fees are outlined in the Costs Agreement, including:
- Fixed professional fees for conveyancing (standard transactions).
- Disbursements (e.g., title searches, stamp duty, registration fees).
- Additional fees for complex transactions (e.g., off-the-plan purchases).
4.2 Property Investor Subscribers receive a 20% discount on two conveyancing services annually.
4.3 Fees include GST. Payment terms: - 50% deposit upon engagement.
- Balance due prior to settlement or within 7 days of invoicing.
4.4 Late payments incur 5% interest per month, with services potentially suspended.
5. Disclosure Obligations
5.1 Elyment Conveyancing complies with the Legal Profession Uniform Law (NSW).
5.2 A Disclosure Statement will outline:
- Service scope and estimated costs.
- Client rights for cost disputes.
5.3 Clients may request an itemised bill within 30 days.
6. Confidentiality and Privacy
6.1 Client information is protected per the Privacy Act 1988 (Cth).
6.2 Information may be disclosed to:
- Banks, agents, or authorities for settlement.
- Third parties (e.g., settlement agents) as needed.
6.3 Elyment Conveyancing is not liable for breaches beyond its control (e.g., cyber-attacks).
7. Liability and Limitation
7.1 Services are provided with due care and skill.
7.2 Elyment Conveyancing is not liable for:
- Errors due to Client-provided inaccurate information.
- Delays by third parties (e.g., banks, Land Registry).
- Consequential or incidental damages, except as required by law.
7.3 Liability is limited under the Professional Standards Scheme.
8. Termination
8.1 The Client may terminate with written notice, paying for services rendered.
8.2 Elyment Conveyancing may terminate for:
- Non-payment or breach of Terms.
- Conflicts of interest or regulatory issues.
8.3 Termination does not waive payment obligations.
9. Dispute Resolution
9.1 Concerns must be raised in writing within 14 days.
9.2 Cost disputes may be referred to the Office of the Legal Services Commissioner (NSW).
9.3 Disputes are subject to NSW courts.
10. Jurisdiction
These Terms are governed by NSW law, with disputes subject to NSW courts.
11. Changes to Terms
11.1 Terms may be amended, published at elyment.com.au/terms, effective immediately.
11.2 Continued engagement constitutes acceptance.
12. Contact
For inquiries:
Elyment Conveyancing
Address: Unit 8, 589 Withers Road, Rouse Hill NSW 2155
Phone: 0414 895 094
Email: legal@elyment.com.au
By engaging Elyment Conveyancing, you confirm agreement to these Terms.
Terms and Conditions for Elyment Pty Ltd Flooring Services
Introduction
These Terms and Conditions govern the provision of flooring services, including demolition, levelling, and preparation, by Elyment Pty Ltd. By engaging our services, you agree to these Terms and Conditions. If you do not agree, you must refrain from using our services.
Elyment Pty Ltd
ACN: 680852608
Address: Unit 8, 589 Withers Road, Rouse Hill NSW 2155
Website: elyment.com.au
Email: sales@elyment.com.au
Phone: 0414 895 094
These Terms apply to all flooring-related transactions, installations, consultations, and associated services.
1. Definitions
1.1 Company refers to Elyment Pty Ltd.
1.2 Client refers to the individual or entity engaging the Company’s services.
1.3 Services refers to flooring installations, repairs, maintenance, demolition, levelling, and subfloor preparation for timber, laminate, vinyl, hybrid, or other flooring.
1.4 Australian Standards refers to AS 1884 (resilient floor coverings), AS 2796 (timber flooring), AS 2455.1 (textile floor coverings), and AS 4586 (slip resistance).
1.5 Subfloor refers to the underlying structure (e.g., concrete slab, timber joists).
1.6 Demolition refers to removal of existing flooring, adhesives, or structures.
1.7 Levelling refers to correcting subfloor unevenness to meet installation standards.
2. Scope of Services
2.1 The Company provides flooring services for residential and commercial properties, including:
- Installation of timber, laminate, vinyl, and hybrid flooring.
- Repairs and maintenance of existing flooring.
- Demolition of existing flooring, magnesite, or fixtures.
- Subfloor preparation, including levelling, moisture control, and remediation.
- Consultations and inspections for flooring suitability.
2.2 Services comply with Australian Standards: - AS 1884: Subfloor preparation and resilient coverings.
- AS 2796: Timber flooring grading and installation.
- AS 4586: Slip resistance.
- AS 2455.1: Textile floor coverings.
2.3 Services are detailed in a written quote, outlining scope, materials, and costs.
3. Client Obligations
3.1 The Client must:
- Ensure premises are accessible, safe, and hazard-free (e.g., no asbestos, electrical risks).
- Remove furniture, appliances, or obstructions unless agreed otherwise.
- Disclose known subfloor or premises issues, including:
- Rising damp, water damage, or moisture issues.
- Cracks, unevenness, or structural defects (e.g., weak or cracked concrete slabs).
- Contaminants (e.g., oil, grease, adhesives).
- Hazardous materials (e.g., asbestos, magnesite, lead-based paint).
- Notify the Company of heritage or regulatory restrictions.
- Obtain necessary permits (e.g., council approvals for demolition).
3.2 Failure to disclose issues may result in: - Additional remediation costs.
- Project delays, with no Company liability.
- Suspension or termination of services.
4. Flooring Installation Standards
4.1 Installations comply with Australian Standards:
- Subfloor Planeness: Maximum 4mm deviation over 2m (AS 1884).
- Moisture Levels: Tested per AS 1884 to prevent flooring failure.
- Slip Resistance: Per AS 4586 for safety.
- Timber Grading: Per AS 2796 for durability.
4.2 Subfloor inspections are conducted pre-installation. If issues are identified, additional remediation costs will be quoted.
4.3 Minor material imperfections (e.g., timber variations) are not defects.
5. Demolition and Removal
5.1 Demolition includes removal of flooring, magnesite, adhesives, or fixtures per the quote.
5.2 The Client must:
- Confirm authority to demolish structures.
- Disclose hazardous materials (e.g., asbestos in magnesite).
5.3 The Company is not liable for: - Structural damage revealed during demolition (e.g., cracked or weak slabs).
- Vibrations causing secondary damage (e.g., render/paint damage in neighboring properties due to slab movement).
- Hazardous material removal costs, requiring licensed specialists.
5.4 Waste disposal is included unless specified. Additional fees apply for excessive or hazardous waste.
5.5 Demolition may be suspended if hazardous materials are found, pending specialist assessment, with no liability for delays.
6. Levelling and Subfloor Preparation
6.1 Levelling corrects subfloor unevenness to AS 1884 standards (4mm/2m).
6.2 Preparation includes:
- Applying levelling compounds or screeds.
- Removing contaminants (e.g., adhesives, oils).
- Moisture testing and mitigation.
6.3 Risks and Limitations: - The Company is not liable for levelling failures due to undisclosed issues (e.g., structural slab defects, moisture ingress).
- Cracks or shrinkage in compounds may occur due to environmental factors and are not warranted unless caused by Company error.
- Additional levelling may incur costs if conditions worsen post-inspection.
6.4 Floor height increases from levelling may affect transitions or fixtures, with adjustments at Client’s cost unless quoted.
7. Dust Control and Limitations
7.1 Concrete grinding and jackhammering (e.g., magnesite removal) generate dust, managed with industrial vacuums and containment measures.
7.2 The Client acknowledges:
- Dust containment is not 100% effective, especially on uneven surfaces or during jackhammering.
- Dust may escape due to bumpy subfloors, equipment limitations, or environmental factors.
7.3 The Company is not liable for: - Residual dust affecting the premises or neighboring properties.
- Cleaning costs for dust-related impacts.
- Damage to sensitive equipment or surfaces due to dust exposure.
7.4 The Client must protect or remove sensitive items (e.g., electronics, furniture) prior to work.
8. Structural Liability Exclusions
8.1 The Company is not liable for damages arising from pre-existing or structural issues, including:
- Weak, cracked, or flexible concrete slabs (e.g., in aged properties).
- Vibrations from jackhammering causing secondary damage (e.g., render/paint dislodgement in neighboring units).
- Unknown infrastructure defects (e.g., poor slab reinforcement).
8.2 The Client assumes responsibility for ensuring subfloor stability and disclosing structural conditions.
8.3 Pre-work inspections are recommended to document property conditions, with costs borne by the Client unless included in the quote.
9. Pricing and Payments
9.1 Quotes detail:
- Material costs (flooring, compounds, moisture barriers).
- Labour costs for installation, demolition, and preparation.
- Potential additional costs for remediation.
9.2 Payment terms: - 50% deposit upon quote acceptance.
- Balance due upon completion, payable within 7 days.
- EFT, credit card, or approved methods.
9.3 Late payments incur 5% interest per month. Services may be suspended.
9.4 Quotes are valid for 30 days and may change if site conditions differ. - 9.5 The Client must inspect the completed works and notify the Company in writing of any concerns or requests for additional work within 48 hours of completion. Any items raised after this timeframe may be treated as a separate variation or new work order at the Company’s discretion.
- 9.6 Regardless of any notice under clause 9.5, the Client must make full payment in accordance with the original invoice terms (e.g., within 72 hours, 7 days, 14 days, or 30 days as agreed). Payment cannot be delayed, withheld, or made conditional upon any reattendance, review, or additional work.
10. Warranty
10.1 A 12-month warranty covers workmanship defects, subject to:
- Proper maintenance per instructions.
- Exclusions for misuse, water damage, or undisclosed issues.
10.2 Manufacturer warranties apply to materials.
10.3 Claims require written notice within 14 days, with the Company entitled to inspect and rectify.
11. Liability
11.1 The Company is not liable for:
- Pre-existing conditions (e.g., structural weaknesses).
- External damages (e.g., flooding, Client negligence).
- Delays from supply issues or unforeseen remediation.
11.2 Liability is limited to service costs or rectification, per Australian Consumer Law.
11.3 The Client indemnifies the Company against claims from undisclosed hazards or permit failures.
12. Cancellations and Refunds
12.1 Cancellations require 7 days’ written notice.
12.2 Deposits are non-refundable unless the Company cancels.
12.3 Late cancellations may incur material or preparatory costs.
13. Compliance
13.1 Services comply with the Building Code of Australia and NSW regulations.
13.2 The Client is responsible for heritage or council compliance unless delegated.
14. Dispute Resolution
14.1 Disputes must be raised in writing within 14 days.
14.2 Resolution via communication or mediation, subject to NSW courts.
15. Changes to Terms
15.1 Amendments are published at elyment.com.au/terms, effective immediately.
16. Contact
For inquiries:
Elyment Pty Ltd
Address: Unit 8, 589 Withers Road, Rouse Hill NSW 2155
Phone: 0414 895 094
Email: sales@elyment.com.au
By engaging our services, you confirm agreement to these Terms.
Changes to Terms and Conditions
Elyment Pty Ltd reserves the right to amend these Terms and Conditions at any time. Changes will be published on our website at elyment.com.au/terms and will take effect immediately.
Contact Information
For questions or concerns about these Terms and Conditions, please contact us:
Elyment Pty Ltd
Address: 8/589 Withers Road, Rouse Hill NSW 2155
Phone: 0414 895 094
Email: legal@elyment.com.au
By engaging our services, you confirm your agreement to these Terms and Conditions.