FULL T&C's

TERMS AND CONDITIONS – 

1. QUOTATION VALIDITY
   This quotation is valid for 30 days from the issue date. EPK Roofing Pty Ltd reserves the right to amend or withdraw the quotation after this period.
   Prices are based on current material, labour, fuel, and supplier rates. Any increase in supplier pricing prior to procurement may be passed on to the Client.

2. CONTRACT FORMATION
   Acceptance of this quotation (verbally, electronically, or in writing), payment of deposit, or instruction to commence works constitutes acceptance of these Terms and Conditions.

These Terms override any inconsistent terms provided by the Client unless expressly agreed in writing by EPK Roofing Pty Ltd.

3. DEPOSIT
   A 10% non-refundable deposit is required to secure scheduling, allocation of labour, and procurement of materials.

The deposit becomes immediately non-refundable upon acceptance due to administrative costs, scheduling allocation, and material commitments.

4. PAYMENT TERMS
   • 5-day payment terms apply to all progress claims and final invoices.
   • Practical Completion is deemed achieved when works are substantially complete and reasonably fit for purpose, even if minor defects remain.
   • EPK Roofing may issue progress claims at reasonable stages of completion.
   • Failure to make payment by the due date entitles EPK Roofing to:

• Suspend works immediately;

• Remove materials not yet fixed;

• Charge interest at 12% per annum calculated daily;

• Recover all costs of recovery including legal fees on a solicitor-client basis.

No retention monies apply unless expressly agreed in writing.

5. SECURITY OF PAYMENT – QUEENSLAND
   This contract is subject to the Building Industry Fairness (Security of Payment) Act 2017 (Qld).

EPK Roofing Pty Ltd reserves all rights under the Act, including but not limited to:

• The right to issue Payment Claims under the Act.
• The right to suspend work for non-payment under Section 90 of the Act.
• The right to recover interest on unpaid amounts.
• The right to pursue adjudication for disputed claims.

If a Payment Schedule is not provided within the time required under the Act, the Client becomes liable for the full claimed amount.

Suspension of works due to non-payment does not constitute breach of contract and all resulting costs, delays, and re-mobilisation expenses will be payable by the Client.

6. SCOPE OF WORKS
   The quotation includes only items expressly stated in the Scope of Works.

Unless specifically included, the following are excluded:

• Structural rectification
• Engineering upgrades
• Batten replacement beyond 10% of roof area
• Rafter or truss replacement
• Asbestos removal or hazardous material handling
• Sarking replacement unless specified
• Internal ceiling repairs
• Painting
• Building approvals or certification
• Electrical disconnection/reconnection
• Scaffold beyond standard two-storey access

Any excluded works required will be treated as variations.

7. VARIATIONS
   All variations must be approved in writing and will incur additional charges.

Where unforeseen conditions arise (including structural failure, concealed rot, non-compliant framing, prior defective workmanship, asbestos, or unsafe conditions), EPK Roofing may:

• Suspend works
• Issue a variation
• Re-price affected works
• Terminate the contract if unsafe or non-compliant conditions exist

Failure to approve necessary variations releases EPK Roofing from responsibility for incomplete works.

8. HIGH-RISK WORK CLAUSES (RE-ROOFING & STRUCTURAL WORK)

For full re-roofs, structural alterations, or high-set dwellings:

• The Client acknowledges that removal of existing roofing may temporarily expose the structure to weather.
• EPK Roofing is not liable for weather ingress where reasonable temporary protection has been installed.
• The Client accepts that vibration may cause ceiling cracks, cornice movement, or plaster disturbance.
• Brittle tiles may break during access; replacement tiles are chargeable unless included.
• Roof framing discovered to be non-compliant with current NCC standards may require engineering and additional costs.

If the structure is deemed unsafe, works will cease until rectification occurs at the Client’s expense.

9. WEATHER & DELAYS
   Roofing works are weather dependent.

EPK Roofing is not liable for delays caused by:

• Rain, storms, high winds, extreme heat
• Supplier shortages
• Industrial action
• Access limitations
• Latent site conditions

Timeframes are estimates only and not contractual completion dates.

Extensions of time apply automatically for such delays.

10. ACCESS & SITE CONDITIONS
    The Client must provide:

• Safe and compliant access
• Clear driveway and delivery access
• Unobstructed work zones
• Protection of valuables and ceiling contents

EPK Roofing is not responsible for:

• Dust ingress
• Minor landscaping disturbance
• Ceiling cracking from vibration
• Damage to fragile roof components
• Pre-existing leaks or structural defects

If additional safety systems are required beyond standard allowances, they will be charged as a variation.

11. TITLE & RISK
    Ownership of materials remains with EPK Roofing until full payment is received.

Risk passes to the Client upon delivery to site.

EPK Roofing may enter the site to recover unpaid materials where legally permitted.

12. LIMITATION OF LIABILITY
    To the maximum extent permitted by law:

• Liability is limited to the cost of rectifying defective workmanship.
• EPK Roofing is not liable for consequential, indirect, economic, or special loss.
• No liability applies for works altered or repaired by others.
• No liability applies where maintenance has not been performed.

Nothing in this agreement excludes rights under the Australian Consumer Law.

13. WARRANTIES (QLD COMPLIANT)
    Workmanship warranty: [Insert period – e.g., 6 or 10 years]

Excludes:

• Storm events
• Hail damage
• Structural movement
• Lack of maintenance
• Blocked gutters/downpipes
• Acts of God
• Third-party damage

Manufacturer warranties apply strictly under manufacturer terms.

14. CANCELLATION
    If the Client cancels after acceptance:

• Deposit is forfeited
• Materials ordered must be paid for
• Scheduling losses and administration costs are recoverable

15. SUSPENSION RIGHTS
    EPK Roofing may suspend works immediately where:

• Payment is overdue
• Site is unsafe
• Access is restricted
• Variations are not approved
• The Client breaches this agreement

All re-mobilisation costs are payable by the Client.

16. DISPUTE RESOLUTION
    Parties must attempt good faith resolution prior to litigation.

Nothing prevents EPK Roofing from exercising its rights under the Security of Payment Act.

17. ENTIRE AGREEMENT
    These Terms constitute the entire agreement and override prior representations.

ACCOUNT DETAILS
Account Name: EPK Roofing Pty Ltd
Bank: NAB
BSB: 084 034
Account No: 203078027

For enquiries: marni@epkroofing.com.au