EASTERN SEALANT SERVICES PTY LTD

11 Kiel Close, Kilsyth VIC 3137

0401 171 145 | info@easternsealantservices.com.au

www.easternsealantservices.com.au

ABN: 27 345 653 098 | The Trustee for AKDK Trust

TERMS & CONDITIONS

Issued with invoice

THIS IS A PAYMENT CLAIM UNDER THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 (VIC), WHERE THAT ACT APPLIES.

Important: These Terms and Conditions form part of every quotation, work order, purchase order, booking and invoice issued or accepted b y Eastern Sealant Services Pty Ltd (ESS), unless ESS agrees otherwise in writing.

1. Definitions

“Client” means the person or entity requesting, authorising or receiving the Works. “ESS” means Eastern Sealant Services Pty Ltd as trustee for the AKDK Trust. “Materials” means sealants, primers, backing rods and other products supplied by ESS. “Site” means the location where the Works are performed. “Works” means the caulking, joint sealing, labour, materials and related services supplied by ESS.

2. Quotations and acceptance

A quotation is valid for fourteen (14) days unless stated otherwise. A quotation may be accepted by signing it, issuing a pur chase order or work order, confirming acceptance by email or text message, providing access to the Site, or instructing ESS to comm ence. Unless expressly included, quotations exclude rectification of defective substrates, removal of hazardous materials, access equipment, traffic management, after -hours work and work not reasonably visible or identifiable at the quotation stage.

3. Pricing and GST

Prices are stated in Australian dollars and exclude GST unless expressly stated otherwise. GST will be added where applicable. Where no fixed price has been agreed, the Client must pay ESS’s applicable rates for labour, Materials, travel, equipment and other reasonable costs. Quantities and linearmetre measurements are estimates unless the quotation states that the price is fixed.

4. Variations and additional work

Any change to the scope, sequence, Materials, colour, joint dimensions, plans, specifications, access arrangements or timing may be treated as a variation. ESS may also charge for additional work arising from concealed or unexpected conditions, unsuitable or incomplete substrates, wet or contaminated joints, restricted access, incomplete prerequisite work, interference by other trades, weather, safety requireme nts or information not disclosed before pricing. Variations may be authorised verbally, electronically or by conduct and will be charged at the agreed price or, if no price is agreed, at ESS’s applicable rates.

5. Site access and Client responsibilities

The Client must provide safe, timely and uninterrupted access to the Site, suitable parking and access to any reasonably required water or power. The Client must ensure that work areas are clear, dry, clean, accessible and ready for caulking, and that other trades do not enter, touch, wet, cover, paint over or otherwise disturb freshly completed work. Delay, return visits, remobilisation, damage or rectification caused by the Client, occupants or other trades may be charged as a variation. The Client is responsible for identifying concealed services and hazardous materials and for providing accurate plans, specifications and site information.

6. Completion and inspection

Works are taken to be completed when ESS has substantially completed the agreed scope, notwithstanding minor defects or omiss ions that do not prevent the Works from being reasonably used for their intended purpose. The Client must inspect the Works promptl y and notify ESS in writing of any alleged defect, damage or incomplete item within seven (7) days after completion, with reasonable details and photographs. Th is clause does not exclude any rights that cannot lawfully be excluded.

7. Payment terms

Payment is due by the due date shown on the invoice. Unless the invoice or an accepted quotation states otherwise, payment is due fourteen (14) days from the invoice date. The Client must not withhold, deduct or set off any amount except where required by law. If part of an invoice is genuinely disputed, the undisputed amount must still be paid by the due date and the Client must provide written reasons and supporting details within seven (7) days of the invoice date.

8. Deposits

ESS may require a deposit before ordering Materials, reserving labour or commencing the Works. A deposit is applied toward the contract price. To the extent permitted by law, the Client remains responsible for reasonable costs already incurred or committed if the Works are cancelled or delayed by the Client.

9. Overdue accounts, interest and recovery costs

If an amount is not paid by the due date, ESS may charge simple interest on the overdue amount from the due date until paymen t at the penalty interest rate fixed from time to time under the Penalty Interest Rates Act 1983 (Vic). The rate is currently 10% p er annum but may change. Interest is calculated daily and is not intended to operate as a penalty. The Client must also reimburse ESS for reasonable, properly incurred costs of recovering overdue amounts, including debt collection fees, court filing fees and legal costs, to the extent permitted by law. ESS may suspend further work or decline future bookings while an account remains overdue, after giving reasonable notice where required.

10. Security of Payment

Where the Building and Construction Industry Security of Payment Act 2002 (Vic) applies, an invoice may constitute a payment claim under that Act. Nothing in these Terms is intended to exclude, restrict or modify a right or obligation under that Act except to the extent the Act permits. The Client must comply with any applicable statutory timeframes for payment schedules, payment and responses.

11. Cancellation, postponement and delays

The Client must give ESS as much notice as reasonably possible of a cancellation or postponement. ESS may charge reasonable costs arising from late cancellation, including specially ordered Materials, committed labour, administration, travel and lost mobil isation costs. ESS is not liable for delay caused by weather, unsafe conditions, supply shortages, illness, industrial action, restricted access, incomplete preceding w ork, other trades or events beyond ESS’s reasonable control. Completion dates are estimates unless ESS expressly agrees in writing that time is essential.

12. Materials, colours and substrates

Sealant appearance, colour and performance may vary due to lighting, batch variation, joint design, substrate condition, move ment, contamination, temperature, moisture and ageing. The Client is responsible for approving colours and finishes before installa tion. ESS may refuse to apply products to substrates or conditions that are unsafe, unsuitable, wet, contaminated, unstable or inconsistent with manufacturer requirements. Any work carried out at the Client’s direction despite ESS’s stated concern is at the Client’s risk to the extent permitted by law.

13. Workmanship, defects and warranties

Eastern Sealant Services will carry out the Works with due care and skill using materials suitable for their intended purpose and in accordance with the relevant manufacturer’s installation instructions where applicable. Unless otherwise expressly agreed in writing, no fixed workmanship warranty period is provided. Any workmanship warranty offe red by Eastern Sealant Services will be specified in writing on the relevant quotation, work order or invoice for the particular project. Manufacturer warranties apply to products supplied by Eastern Sealant Services only in accordance with the manufacturer’s pub lished terms, conditions and maintenance requirements. The Client must notify Eastern Sealant Services in writing of any alleged defect within a reasonable time after it becomes ap parent and provide Eastern Sealant Services with a reasonable opportunity to inspect and, where the issue is determined to be the r esponsibility of Eastern Sealant Services, rectify the defect before another contractor is engaged. Eastern Sealant Services is not responsible for sealant failure, cracking, adhesion loss, joint separation or water ingress r esulting from structural movement, building settlement, substrate failure, design deficiencies, movement beyond the capability of t he specified sealant, inadequate maintenance, or work carried out by others after completion. Nothing in this clause excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Aust ralian Consumer Law.

14. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or other applicable legislation. Where liability ma y lawfully be limited, ESS’s liability is limited, at ESS’s option, to re-supplying the relevant services or paying the reasonable cost of having those services supplied again.

15. Limitation of liability

To the maximum extent permitted by law, ESS is not liable for indirect, incidental, special or consequential loss, loss of pr ofit, loss of opportunity, delay costs or damage arising from conditions outside ESS’s reasonable control. ESS is not liable for pre-existing defects, concealed conditions, defective design, inadequate joint dimensions, substrate movement or failure, work performed by others, or inaccurate information suppl ied by the Client. Subject to non-excludable rights, ESS’s aggregate liability arising from the relevant Works is limited to the amount paid or payable to ESS for those Works.

16. Photographs and records

ESS may take photographs or videos before, during and after the Works for site records, quality assurance, training, warranty assessment, payment claims and dispute resolution. ESS will not intentionally publish identifying details of a private residential Client without consent.

17. Confidentiality and privacy

Each party must keep confidential information received from the other party confidential, except where disclosure is required by law or reasonably necessary to obtain professional advice, insurance, payment or debt recovery services. ESS may collect and us e personal information for quoting, scheduling, performing the Works, invoicing, payment recovery and business administration.

18. Governing law and severability

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the courts and tribunals of Victoria. If any provision is invalid or unenforceable, it is to be read down to the extent necessary or severed without affecting the remaining provisions.

Eastern Sealant Services Pty Ltd | Invoice Terms & Conditions | Version July 2026