Terms & conditions

---

By accepting this quote or invoice or by requesting, authorising, or accepting the commencement of any works described herein, the Client agrees to the terms and conditions outlined by B Pickles & C.J Pickles T/as Pickles Bricklaying ("the Business"). This acceptance forms a binding contract under the laws of New South Wales. Acceptance may be communicated verbally, in writing, or implied through any conduct that indicates approval of the goods or services. The agreement includes all works, materials, and associated costs specified in the quote or invoice. Any variations or additional works requested beyond the scope of this document must be agreed upon in writing and may incur additional charges. These terms and conditions will apply to all quotes and invoices issued by the Business unless expressly stated otherwise in writing.

1. All quotations and services provided by the contractor, whether formalised through an official written quote or communicated verbally via phone or email, are based on the contractor's expertise and understanding within the bricklaying industry. The Contractor commits to executing the quoted services in accordance with the specifications, scope of works, plans and engineering details supplied by the client. It is the sole responsibility of the client to ensure that the provided plans, specifications and scope of work are complete, up-to-date and officially approved by the relevant authority for construction purposes. The Contractor will adhere strictly to the details provided by the client, and the client assumes full responsibility in the event that the provided documents are not approved or undergo revisions.

2. All work undertaken will adhere to the guidelines set forth in AS3700 Masonry Structures, alongside other pertinent Australian Standards, Codes and Practices. Please find below a non-exhaustive list of some of the codes and practices that may be applicable to your project. AS 4773 Masonry in small buildings, AS/NZS 1170 Structural design actions, AS 2701 Methods of sampling and testing mortar for masonry construction, AS 3600 Concrete Structures, AS 1316 Masonry Cement, HB 84 2006 Guide to Concrete Repair and Protection, AS 2870 Residential slabs and footings, AS/NZS 1576 Scaffolding General Requirements, ASN/S 4455 Masonry units, pavers, flags and segmental retaining wall units, AS/NZS 2904 Damp proof courses and flashings, Code of Practice Construction Work, Code of Practice Demolition Work, Code of Practice Formwork, Code of Practice Hazardous manual tasks, Code of Practice How to manage work health and safety tasks, Work Health and Safety Act 2000, Work Health and Safety Regulation 2001, Building Code of Australia, Managing risks and hazardous chemicals in the workplace, National Construction Code, Environment Protection and Biodiversity Conservation Act 1999, Heritage Protection Act, Working at Heights, Home Building Act 1989, Heritage Act 1977, NSW Environmental Protection Authority Noise Control Guidelines, Building and Construction Industry Security of Payment Act 1999, Code of Practice Labelling of workplace hazardous chemicals, Code of Practice Construction Work, Code of Practice Managing noise and preventing hearing loss at work, Code of Practice Managing risks of falls at workplaces, Code of Practice How to manage work health and safety risks, Code of Practice Hazardous manual tasks, Code of Practice First aid in the workplace, Code of Practice Demolition Work Note that this list is not exhaustive, and additional codes and practices may apply.

2. All necessary permits, council documentation, traffic control measures, environmental impact statements, or any other required plans, permits and approvals are the sole responsibility of the client. The client is responsible for ensuring that all requisite documentation is obtained and in compliance with the relevant regulations. The Contractor bears no responsibility for any delays, penalties or additional costs incurred due to the absence of inadequacy of such documentation. Should work commence in the absence of proper permits or approvals, the client assumes full responsibility for any resulting consequences or liabilities. The client is also advised to ensure compliance with the relevant NSW regulations, including by not limited to the Building Code of Australia, Work Health and Safety regulations, and Environmental Protection Authority Guidelines.

3. All prices quoted are accurate as of the date stated on the quote and are subject to potential adjustments based on fluctuations in material prices. The Contractor maintains established relationships with suppliers to secure competitive pricing for materials. Should the client opt to procure materials independently, they may incur higher costs due to the Contractors negotiated rates not being applicable. Any additional costs incurred by the client as a result of independent material procurement shall be the sole responsibility of the client and are not the liability of the Contractor. It is important to note that if incorrect materials or products are selected by the client, resulting in additional costs or rework, such expenses shall also be the responsibility of the client.

4. Upon acceptance of the contractor’s quote by the client, any modifications to the agreed-upon scope of work concerning labour or materials will necessitate a variation. The Contractor retains the authority to revise the quote in the event of alterations to the scope of work, materials, or any other aspect that deviates from the initially agreed-upon quote or scope of work. The term agreed upon encompasses any work requested of The Contractor, whether formally agreed upon by both parties or not, and subsequently carried out by The Contractor.

5. The contractor will not be held liable for any errors or omissions in the plans or specifications provided.

6.The quote provided by the contractor will be valid for 30 days from the date of issuance. If the client wishes to accept the quote after 30 days, a new quote will need to be provided. The client shall be deemed to have accepted the quote when they provide acceptance in writing or by requesting the contractor to provide services, even if the client has not expressly accepted the quote. Acceptance can be both verbal and written.

8. A 10% booking deposit is required upon acceptance of the quote, unless otherwise agreed. If The Contractor cancels the job for any reason, the booking deposit will be fully refunded. If the client cancels the accepted quoted job with less than 7 days until the agreed start date, the booking deposit will be forfeited and not refunded.

9. The Contractor will make all reasonable efforts to provide the client with the services within the agreed timeframe. However, if there are extenuating circumstances, the contractor reserves the right to alter the date of the services. The dates provided to the client when booking are subject to change based on material availability, weather conditions and other external factors. The contractor retains ownership of all materials, including those that have been built or completed, until full payment of the works is received.

10. The client may request additional services to be provided at any time. If such requests are made without requesting a new quote, the client will be deemed to have approved the updated prices for the new noted works, and a variation invoice will be issued accordingly.

11. The Contractor shall not be liable for any defects, damages or delays resulting from changes made to the project by the owner, builder, or other trades, unless such changes were authorised in writing by the contractor. The contractor shall not be responsible for any issues arising from conditions beyond the contractor’s control, such as natural disasters, inclement weather or acts of god.

12. The contractor may issue invoices to the client at any time for the services provided by the contractor. All invoices are due and payable within 7 days of the date of issue. If payment is not received within this period, late payment fees may be applied. The Contractor reserves the right to immediately suspend all services until payment is made.

13. Indemnification: The client hereby agrees to indemnify, defend and hold harmless Pickles Bricklaying, its agents, employees, and subcontractors from any and all claims, demands, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with the performance of the services outlined in the quote, except where such claims arise as a direct result of the negligence or wilful misconduct of Pickles Bricklaying or its agents. The client acknowledges and agrees that they are responsible for directing the works to be performed and any direction given by the client will be followed by The Contractor. In the event that The Contractor advises that such direction may not be the best course of action to resolve the issue at hand, the client acknowledges that they bear full responsibility for any consequences that may arise from following such direction, and will indemnify and hold harmless The Contractor for any resulting claims, damages, losses, liabilities, costs and expenses.

14. Ownership of all materials, products, or items procured by The Contractor during the project shall remain vested in The Contractor unless specifically agreed otherwise. Upon completion of the project, any such materials, products, or items remaining on-site shall be removed by The Contractor unless alternative arrangements have been agreed upon.

15. In the event of a change of specifications or change of mind regarding materials to be procured by The Contractor, or any alterations affecting materials already purchased, resulting in additional materials to be purchased or materials at an increased cost, the client shall be liable for the associated variation charges. The client acknowledges and accepts such variations upon requesting the change, unless mutually agreed otherwise.

16. Any site testing necessary for materials utilised by the Contractor, whether created or acquired, shall be the sole responsibility of the client. The Client shall bear all associated costs pertaining to such testing. In the event that testing is not completed as required, the client shall be deemed at fault. The Contractor shall hold no liability in cases where tests are not completed satisfactorily, at all or as mandated.

17. The scope of work, remediation plans, repair strategies, construction methods, and any other ideas detailed in this quote/invoice are the exclusive intellectual property of Pickles Bricklaying under Australian and NSW law. Any use of these ideas without engaging Pickles Bricklaying and paying for our services constitutes a breach of intellectual property rights and may result in legal action. If these ideas, plans, or methods are used without Pickles Bricklaying's direct involvement, we accept no liability for any defects, damage, or issues that may arise. Pickles Bricklaying takes no responsibility for the outcome or performance of any works carried out by others using our plans or strategies.

18. The Contractor may take photographs of the worksite and completed projects for the purposes of portfolio development, marketing, promotional materials, insurance, tracking progress, quality assurance and liability purposes. By engaging the Contractors services, the Client grants permission for these photographs to be used in the Contractors marketing materials, including but not limited to websites, social media, brochures, and advertisements. If the Client does not wish for photographs of their project to be used, they must inform the Contractor in writing before the commencement of work. The Contractor will respect the Clients wishes and refrain from using any images without explicit consent. The Contractor ensures that all photographs used will maintain the Clients privacy and will not disclose any sensitive or personal information without prior consent.

19. The Contractor may employ apprentices or trainees as part of their workforce. Apprentices and trainees are subject to the same Terms and Conditions as outlined in this document. The Contractor ensures that all apprentices and trainees receive the appropriate training and supervision to maintain the quality and safety standards of the work performed. The Client acknowledges that apprentices and trainees are in the process of learning and may require additional time or supervision. The Contractor will ensure that their work meets the agree-upon standards and specifications. The Contractor holds all necessary insurances to cover apprentices and trainees during the performance of their duties.

20. The Contractor assumes no responsibility or liability for the condition, safety, or structural integrity of any pre-existing work on site that was not originally performed by the Contractor. Any additions or modifications made by the Contractor to pre-existing structures will not extend to or cover any part of the original or pre-existing work. The Contractor does not provide warranty for components or structures not constructed or installed by the Contractor. Furthermore, if any work is completed by the Contractor and is altered, added onto, brick cleaned, or changed in any way by the Client or another contractor after completion, the Contractor's warranty for the affected portion of the work is immediately voided. This includes, but not limited to brick cleaning, additional construction, or any modifications to the work we have performed.

21. The Contractor is committed to ensuring there is no modern slavery or human trafficking in our supply chains or in any part of our business. The Contractor expects the same high standards from all of our contractors, suppliers and other business partners, and we will not tolerate violations of human rights under any circumstance.

22. The Contractor will handle all personal information provided by the Client in accordance with the Privacy Act 1988 (Cth). Information will only be collected, used, and disclosed as required for the provision of our services and as otherwise permitted by law. By engaging the Contractors services, the Client consents to the collection and use of their personal information for business operations including invoicing, communication, and marketing.

23. The Contractor is committed to minimising the environmental impact of our operations. We actively seek to use sustainable practices and materials where possible. By accepting our quote, the Client agrees to support environmentally responsible practices during the execution of the project.

24. The Client is responsible for maintaining any structures built or repaired by the Contractor in accordance with the guidelines or recommendations provided by the brick manufacturer, material supplier, or the like. Any failure to properly maintain these structures, as per those guidelines, will release the Contractor from any liability related to damage or deterioration resulting from improper maintenance.

25. If the client chooses a product, material or method that is not recommended by the Contractor, the Contractor accepts no liability for the performance, durability, or quality of the work related to that product or material. The Client acknowledges that they assume all risk and liability with the use of non-recommended materials or products.

26. When repairing or extending masonry structures, the Client acknowledges that certain masonry products may no longer be available or manufactured. In such cases, the Contractor will use the closest possible match. However, the Client accepts that slight differences in appearance, texture, or finish may occur due to variations in manufacturing or material availability. Similarly, while the Contractor will make every effort to match mortar colours as closely as possible, the existing mortar may have aged and been exposed to the elements over time, making an exact match impossible. The Client accepts these natural variations in material and colour.

27. Within these terms and conditions, the below words and their meaning are outlined:

The client means the person requesting Pickles Bricklaying to perform the services requested, this includes a private customer, builder etc. Contractor or we refer to Pickles Bricklaying Quote means a written quotation issued by Pickles Bricklaying to you for the supply of services to you; Invoice means an invoice rendered by Pickles Bricklaying for the services including all fees, gst, as set out on the quote or variation of accepted works. Materials refers to the products purchased, supplied and delivered to the job for the outlined works within the quote. These terms and conditions represent the entire agreement between the parties and superseded all prior negotiations, representations and agreements, whether written or oral. No modification, addition, or deletion to these terms and conditions shall be binding unless agreed to in writing by both parties. If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These terms and conditions shall be governed by and construed in accordance with the laws of NSW.