Terms & Conditions

Please read these Terms and Conditions carefully before proceeding with our services.

Fernando The Tiler

These Terms and Conditions apply to work provided by Fernando The Tiler and should be read together with the customer's written quotation, accepted scope of work and any other documents forming part of the agreement.

Where applicable, these Terms and Conditions are subject to the Australian Consumer Law, the Queensland Building and Construction Commission Act 1991 (Qld), the Queensland Building and Construction Act 1991 (Qld), the Queensland Home Warranty Scheme and other applicable Queensland legislation.

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any right, guarantee, warranty or remedy that cannot legally be excluded, restricted or modified.

1. Scope of Work

The scope of work will be as described in the written quotation provided to the customer.

The quotation includes only the labour, materials (excluding tiles) and services specifically stated in the quotation. Work that is not included in the quotation may be treated as additional work and may incur an additional charge.

Where there is any inconsistency between these Terms and Conditions and a specific written term in the accepted quotation or contract, the specific written term will apply to the extent permitted by law.

2. Acceptance of Quotation

The quotation may be accepted in writing, including by email or text message, or by otherwise authorising Fernando The Tiler to commence the quoted work.

Acceptance of the quotation confirms the customer's agreement to the quoted scope, price and these Terms and Conditions, subject to any applicable statutory requirements.

For work requiring a formal written building contract under Queensland legislation, the applicable contract and statutory requirements will apply.

3. Price and Payment

Unless otherwise stated in the quotation or contract:

Any deposit payable before work commences will not exceed the maximum amount permitted under Queensland legislation.

The applicable deposit amount will be stated in the quotation or contract.

Progress payments, where applicable, will be set out in the quotation or contract and will be linked to the progress of the work.

The remaining balance is payable in accordance with the payment schedule stated in the quotation or contract.

Where no staged payment schedule applies, the remaining balance is payable upon practical completion of the agreed works and issue of the relevant invoice.

The customer must make payments by the payment method specified by Fernando The Tiler.

Any deposit or progress payment will be handled in accordance with applicable Queensland legislation.

4. Variations and Additional Work

A variation is any change to the agreed scope of work, including additional work requested by the customer or work reasonably required because of conditions discovered after the quotation was prepared.

Where reasonably practicable, Fernando The Tiler will provide the customer with details of the proposed variation and any additional cost before commencing the variation.

Variations may affect the estimated completion date.

Where urgent work is reasonably necessary to protect the property, prevent further damage or address a safety issue, Fernando The Tiler may take reasonable steps to address the issue and will notify the customer as soon as reasonably practicable.

All variations remain subject to applicable Queensland building and consumer laws.

5. Site Conditions and Existing Surfaces

The quotation is based on conditions that are reasonably visible or identifiable at the time of quoting.

Existing surfaces, substrates, structures and building components may contain defects or conditions that cannot reasonably be identified before work begins.

If concealed or unforeseen conditions are discovered, including structural defects, water damage, substrate movement, unsuitable surfaces, excessive unevenness, hidden plumbing issues, drainage problems or other defects, additional work may be required.

Where reasonably practicable, Fernando The Tiler will discuss significant additional work and associated costs with the customer before proceeding.

Fernando The Tiler is not responsible for pre-existing defects or conditions that are outside the agreed scope of work.

6. Waterproofing

Where waterproofing is included in the quotation, the work will be carried out in accordance with the agreed scope, applicable requirements and the manufacturer's instructions for the products used.

Waterproofing performance may also be affected by matters outside the control of the tiler, including structural movement, building defects, plumbing defects, drainage problems, existing water damage and work performed by other contractors.

Any certification or documentation specifically included in the quotation will be provided where applicable.

Where waterproofing work is subject to statutory requirements, those requirements will apply in addition to these Terms and Conditions.

7. Tiles and Customer-Supplied Materials

Where the customer supplies tiles, grout, trims, fixtures or other materials, the customer is responsible for ensuring that the materials are suitable for the intended application and that sufficient quantities are supplied.

Fernando The Tiler is not responsible for delays, additional labour or additional costs caused by materials supplied by the customer that are insufficient, incorrect, damaged, defective or unsuitable.

Where reasonably practicable, visible defects or obvious concerns with customer-supplied materials will be brought to the customer's attention before installation.

Where a material appears unsuitable, Fernando The Tiler may recommend that the material not be installed until the issue has been clarified.

8. Tile Selection, Colour and Batch Variation

Natural stone, ceramic, porcelain and other tiles may have variations in colour, shade, texture, size, pattern and surface appearance.

Tiles from different manufacturing batches may also vary slightly. Such variations are generally characteristics of the tile product and are not, by themselves, evidence of defective workmanship.

The customer is responsible for selecting and approving the tiles before installation.

Fernando The Tiler is not responsible for characteristics or variations inherent in the tiles themselves, subject to any rights the customer may have against the tile supplier or manufacturer under applicable law.

9. Tile Layout and Cuts

The tile layout will generally follow the design or instructions agreed with the customer or, where no specific layout has been agreed, a layout reasonably determined by the tiler having regard to the site.

Where the customer requires a particular pattern, alignment, starting point, feature arrangement or other specific layout, this should be agreed before installation.

Changes requested after installation has commenced may constitute a variation and may result in additional labour or material costs.

Tile cuts, joins and grout lines may be affected by the dimensions, shape and condition of the existing area.

10. Access to the Property

The customer must provide reasonable and safe access to the work area during the agreed working hours.

The work area should be reasonably clear of personal belongings, furniture and other obstacles before work commences unless removal has been specifically included in the quotation.

Delays caused by restricted access, unavailable areas, occupants, pets, other contractors or other matters within the customer's control may affect the completion date.

11. Protection of Property

Fernando The Tiler will take reasonable care to protect the work area and surrounding areas while carrying out the agreed work.

The customer should remove valuable, fragile and personal items from the work area before work commences.

Existing damage or defects that are identified before or during the work may be documented with photographs.

Fernando The Tiler is not responsible for pre-existing damage or defects that were not caused by Fernando The Tiler.

12. Workmanship Warranty

Fernando The Tiler is committed to providing quality workmanship.

Subject to applicable law and the conditions and exclusions below, Fernando The Tiler provides the following workmanship warranties:

12.1 Tiling Workmanship Warranty — 2 Years

Tiling workmanship is covered by a 2-year workmanship warranty from the date of practical completion of the relevant tiling work.

This warranty applies to defects directly attributable to the workmanship of Fernando The Tiler.

Where a valid workmanship defect is identified during the warranty period, Fernando The Tiler will inspect the issue and, where the defect is confirmed to be covered by this warranty, take reasonable steps to rectify the defective workmanship.

12.2 Waterproofing Workmanship Warranty — 5 Years

Waterproofing workmanship is covered by a 5-year workmanship warranty from the date of practical completion of the relevant waterproofing work.

This warranty applies to waterproofing defects directly attributable to the workmanship of Fernando The Tiler.

Where a valid waterproofing workmanship defect is identified during the warranty period, Fernando The Tiler will inspect the affected area and, where the defect is confirmed to be attributable to the workmanship, take reasonable steps to rectify the defective work.

12.3 What the Workmanship Warranty Covers

The workmanship warranties apply only to defects directly attributable to workmanship performed by Fernando The Tiler.

They do not constitute a warranty for:

Existing building structures or substrates
Existing structural movement
Existing plumbing or drainage
Defective or unsuitable materials supplied by the customer
Defects caused by other contractors or trades
Damage occurring after completion that was not caused by Fernando The Tiler

The warranties do not limit any statutory rights or remedies available to the customer.

12.4 Warranty Exclusions

To the extent permitted by law, the workmanship warranties do not cover defects, damage or failures caused by:

Structural or building movement
Settlement or movement of the substrate
Cracking or movement of existing walls, floors or substrates
Pre-existing structural defects
Plumbing or drainage defects
Water leaks originating from plumbing or other building components
Defective or unsuitable customer-supplied materials
Damage caused by other contractors or trades
Impact or accidental damage
Misuse or abnormal use
Failure to reasonably maintain the tiled area
Alterations, repairs or modifications carried out by another person
Natural tile characteristics or colour and batch variations
External factors outside the reasonable control of Fernando The Tiler
Work that has been altered, modified or interfered with after completion

These exclusions do not apply to the extent that applicable law provides otherwise.

12.5 Notification and Inspection

If the customer believes there is a defect covered by a workmanship warranty, the customer should notify Fernando The Tiler in writing as soon as reasonably practicable.

The customer should provide photographs and a description of the issue where possible.

Fernando The Tiler must be given a reasonable opportunity to inspect the work before another contractor is engaged to carry out repairs, except where immediate action is reasonably necessary to prevent further damage or address a safety issue.

If another contractor carries out repairs without giving Fernando The Tiler a reasonable opportunity to inspect the alleged defect, Fernando The Tiler may not be responsible for those repair costs to the extent permitted by law.

12.6 Warranty Repairs

Where a defect is confirmed as a valid workmanship defect covered by the applicable warranty, Fernando The Tiler will determine a reasonable method of rectification having regard to the nature and extent of the defect.

The workmanship warranty relates only to work performed by Fernando The Tiler and does not automatically cover unrelated building work, consequential works or pre-existing defects.

12.7 Manufacturer's Warranties

Where products are supplied by Fernando The Tiler, any applicable manufacturer's warranty remains subject to the manufacturer's own terms and conditions.

Where materials are supplied by the customer, the customer should contact the relevant supplier or manufacturer regarding product warranties.

Nothing in these Terms and Conditions prevents the customer from exercising rights available against a manufacturer or supplier under applicable law.

12.8 Statutory Rights

These workmanship warranties are provided in addition to, and do not replace, restrict or exclude, any consumer guarantee, statutory warranty, right or remedy available to the customer under the Australian Consumer Law or other applicable Queensland legislation.

13. Completion and Inspection

Upon practical completion, the customer will have a reasonable opportunity to inspect the completed work.

Minor finishing matters identified during a reasonable inspection will be addressed where they fall within the agreed scope of work and are reasonably attributable to the workmanship of Fernando The Tiler.

Acceptance of the completed work does not remove any rights or remedies available to the customer under applicable law.

14. Delays

Any estimated commencement or completion date is provided in good faith and may be affected by circumstances outside Fernando The Tiler's reasonable control.

These circumstances may include:

Weather
Material or supplier delays
Unforeseen site conditions
Delays caused by other contractors
Restricted access to the site
Customer-requested changes
Availability of required materials
Other circumstances reasonably outside Fernando The Tiler's control

Where a delay is expected to materially affect the project, Fernando The Tiler will notify the customer where reasonably practicable.

15. Cancellation and Termination

If the customer wishes to cancel the work before commencement, the customer should notify Fernando The Tiler as soon as reasonably practicable.

Where permitted by law, the customer may be responsible for reasonable, non-refundable costs that Fernando The Tiler has already incurred specifically for the project, including materials or services that have been specially ordered or committed and cannot reasonably be cancelled or returned.

If work has commenced, the customer's rights and obligations regarding cancellation or termination will be determined by the applicable quotation, contract and Queensland legislation.

The customer remains responsible for payment for work properly completed and for other amounts properly payable under the applicable contract, subject to any statutory rights of the customer.

16. Customer Responsibilities

The customer is responsible for:

Providing accurate information about the project
Providing reasonable and safe access to the property
Ensuring the work area is reasonably accessible
Providing customer-supplied materials where agreed
Obtaining approvals or permissions that are the customer's responsibility
Informing Fernando The Tiler of known defects, leaks, movement, previous repairs or other relevant building issues
Keeping children, pets and other occupants away from the work area where reasonably necessary for safety

17. Photos of Completed Work

Fernando The Tiler may request permission from the customer to photograph completed work for portfolio, website, advertising or social media purposes.

Photographs will only be used for promotional purposes where the customer has given permission.

Where permission is given, reasonable steps will be taken to avoid including identifiable personal information or private belongings unless separately agreed.

18. Queensland Building Requirements and Home Warranty

Where the work is residential construction work to which the Queensland Home Warranty Scheme applies, Fernando The Tiler will comply with applicable QBCC requirements, including applicable home warranty insurance requirements.

Where applicable, the required home warranty insurance premium will be included in the contract price and dealt with in accordance with Queensland legislation.

The customer will receive the applicable documentation required under the Queensland Home Warranty Scheme.

The Queensland Home Warranty Scheme does not apply to every type of building work. Whether cover is required depends on the nature, location and value of the work and the applicable legislation.

19. Australian Consumer Law

These Terms and Conditions are subject to the Australian Consumer Law and applicable Queensland legislation.

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer guarantee, statutory warranty, right or remedy that cannot legally be excluded, restricted or modified.

If any provision of these Terms and Conditions would have the effect of excluding or limiting a right that cannot legally be excluded or limited, that provision will apply only to the extent permitted by law.

20. Disputes and Complaints

If the customer has a concern or complaint about the work, the customer should first contact Fernando The Tiler in writing and provide reasonable details of the issue.

Fernando The Tiler will make reasonable efforts to inspect and discuss the issue with the customer and, where appropriate, attempt to resolve the matter.

The customer should provide reasonable access for inspection where the complaint concerns alleged defective workmanship.

Nothing in this section prevents either party from exercising rights or using dispute-resolution processes available under Queensland legislation, including any applicable QBCC processes.

21. Entire Agreement

The accepted quotation, applicable contract, agreed variations and these Terms and Conditions together form the agreement between the parties, subject to applicable Queensland legislation.

If a provision of these Terms and Conditions is inconsistent with a mandatory requirement of Queensland legislation, the legislation will prevail to the extent of the inconsistency.

22. Agreement

By accepting the quotation and, where applicable, signing the relevant contract or authorising Fernando The Tiler to commence the work, the customer acknowledges that they have had the opportunity to read the applicable terms and agrees to the terms governing the work, subject always to the customer's rights under applicable law.