Terms & Conditions

These Terms and Conditions ("Terms") govern all interactions, quotations, bookings, services, and engagements between you ("Client", "Customer", or "You") and Apex Brushworks ("Apex Brushworks", "Apex", "We", "Us", or "Our").
By requesting a quotation, accepting a quotation, engaging our services, making a payment, paying a deposit, or allowing works to commence, you acknowledge that you have read, understood, and agree to be bound by these Terms.
These Terms are governed by the laws of Victoria, Australia.

1. About Apex Brushworks

Apex Brushworks is a Victorian painting and restoration business providing professional residential and commercial painting services throughout Victoria.

Our services include, but are not limited to:

• Interior Painting

• Exterior Painting

• Residential Painting

• Commercial Painting

• Heritage Home Painting and Restoration

• Plaster Application and Restoration

• Colour Consultation Services

• Textured Wall Finishes

• Surface Preparation and Related Works

Contact Information:

Website: www.apexbrushworks.com
Email: info@apexbrushworks.com
Phone: +61 414 211 849

2. Quotations

All quotations issued by Apex Brushworks remain valid for thirty (30) days unless otherwise stated in writing.

Quotations are based on information available at the time of inspection and preparation.
Any quotation may be withdrawn, amended, or revised if:

• Site conditions change;

• Additional works become necessary;

• Information provided by the Client is inaccurate or incomplete;

• Material costs significantly increase before acceptance.

Acceptance of a quotation constitutes acceptance of these Terms.

3. Deposits

Unless otherwise specified within the quotation, a deposit equal to twenty percent (20%) of the quoted amount is required before works commence.

Where a different deposit amount is specified within the quotation, that amount shall apply.
Deposits secure labour allocation, scheduling, project planning, administration, and reserved booking time.

Deposits are generally non-refundable except where required by applicable Australian Consumer Law.

4. Payment Terms

The remaining balance is payable immediately upon completion of the agreed works unless otherwise stated in writing.

Apex Brushworks accepts payment via:

• Bank Transfer

• Credit or Debit Card

• Cash
   

Invoices must be paid by the due date stated on the invoice.

Apex Brushworks reserves the right to withhold completion documentation, warranty services, reports, or further works until all outstanding amounts have been paid in full.

5. Late Payments

Where an invoice remains unpaid after its due date:

• Interest may accrue at a rate of 2% per month on overdue amounts;

• Interest may be calculated daily;

• The Client will be liable for all reasonable debt recovery, legal, collection, administrative, and enforcement costs incurred by Apex Brushworks.

Failure to pay outstanding invoices may result in:

• Suspension of current works;

• Refusal of future bookings;

• Recovery action through debt collection agencies or legal proceedings.

 
6. Variations and Additional Works

Any works outside the original quotation shall be considered a variation.

Variations may arise due to:

• Client requests;

• Site conditions;

• Hidden defects;

• Additional preparation requirements;

• Changes in scope.
   

Apex Brushworks may issue:

• A revised quotation; or

• A separate variation quotation.
   

Acceptance may occur verbally, in writing, via email, SMS, approval of revised pricing, or by directing Apex Brushworks to proceed.
 
Variation works may increase project costs and completion timelines.
 
7. Client Responsibilities
 
The Client agrees to:

• Provide safe and reasonable access to the property;

• Remove or protect personal belongings;

• Remove fragile items where necessary;

• Secure pets and animals;

• Ensure children are supervised and kept clear of work areas;

• Provide access to electricity, water, and amenities where reasonably required;

• Disclose known defects or hazards affecting the work area.
   

Apex Brushworks shall not be responsible for delays caused by the Client's failure to meet these obligations.
 
8. Site Access
 
The Client authorises Apex Brushworks to access the property at agreed times for the purpose of carrying out the works.
 
Where prior consent has been granted, Apex Brushworks may enter the property without the Client being present.
 
If access is unavailable, denied, restricted, delayed, or repeatedly rescheduled by the Client, Apex Brushworks may:

• Suspend works;

• Reschedule works;

• Charge additional costs incurred;

• Terminate the project at its discretion.
   

9. Cancellations and Rescheduling
 
Deposits are generally non-refundable because Apex Brushworks reserves labour, scheduling, administration resources, and project availability upon booking.
 
Where a Client cancels due to a change of mind, the deposit will ordinarily be forfeited.
 
Nothing in these Terms limits any rights available under Australian Consumer Law.
 
Where substantial works have been completed, Apex Brushworks reserves the right to invoice for completed works.
 
For the purposes of these Terms, substantial works may include projects where approximately fifteen percent (15%) or more of the quoted works have been performed.
 
Repeated rescheduling requests may result in cancellation of the booking at Apex Brushworks' discretion.
 
10. Materials and Paint Products
 
Paint products and materials are selected jointly between Apex Brushworks and the Client unless otherwise agreed.
 
All products used are supplied by independent third-party manufacturers.
 
Apex Brushworks makes no warranty regarding:

• Manufacturer defects;

• Product recalls;

• Product failures;

• Supplier issues;

• Colour inconsistencies arising from manufacturing.
   

Any manufacturer warranty remains the responsibility of the product manufacturer.
 
Where a Client specifically requests a product, colour, or material against Apex Brushworks' recommendation, the Client assumes all associated risks.
 
11. Colour Selection
 
Clients are responsible for approving all colour selections before materials are ordered or applied.
 
Once materials have been purchased, mixed, tinted, supplied, or applied, any subsequent change requested by the Client shall constitute a variation.
 
The Client may be responsible for:

• Replacement materials;

• Additional labour;

• Additional preparation costs;

• Project delays resulting from the colour change.
   

12. Unforeseen Conditions
 
During preparation or execution of works, previously hidden conditions may become apparent.
 
These may include:

• Water damage;

• Structural defects;

• Timber rot;

• Mould;

• Unsafe surfaces;

• Unstable plaster;

• Existing paint failures;

• Pest damage;

• Moisture intrusion.
   

Where such conditions are discovered, Apex Brushworks may:

• Suspend works;

• Recommend repairs;

• Issue a variation;

• Issue a revised quotation;

• Refuse to continue works until the issue is rectified.
   

Apex Brushworks shall not be liable for delays arising from such circumstances.
 
13. Scaffolding and Access Equipment
 
Where works require:

• Scaffolding;

• Boom lifts;

• Scissor lifts;

• Traffic management;

• Elevated work platforms;

• Safety systems;

• Council permits;
   

such costs may be included within the quotation where known.
 
If these requirements become necessary after commencement due to conditions not reasonably identifiable during quoting, Apex Brushworks may issue a variation for the additional costs.
 
14. Weather and Project Delays
 
Painting works are heavily dependent on weather conditions.
 
Apex Brushworks shall not be liable for delays resulting from:

• Rain;

• Wind;

• Extreme temperatures;

• Humidity;

• Storm events;

• Supplier delays;

• Material shortages;

• Circumstances beyond reasonable control.
   

Any completion date provided is an estimate only and is not guaranteed.
 
15. Existing Conditions and Surface Defects
 
Apex Brushworks is not responsible for issues arising from pre-existing conditions, including:

• Cracking;

• Peeling paint;

• Structural movement;

• Water ingress;

• Poor previous workmanship;

• Existing plaster failure;

• Mould;

• Dampness;

• Rotten timber.
   

Where Apex Brushworks recommends repairs and the Client declines those recommendations, Apex Brushworks shall not be liable for any resulting paint or coating failure.
 
16. Completion and Defects Notification
 
The Client must inspect completed works within fourteen (14) days of completion.
 
Any concerns regarding workmanship must be reported in writing within that period.
 
Failure to notify Apex Brushworks within fourteen (14) days may be treated as acceptance of the completed works.
 
Apex Brushworks shall be provided a reasonable opportunity to inspect and rectify any legitimate workmanship issue before the Client engages a third party.
 
17. Warranty
 
Apex Brushworks provides a twenty-four (24) month workmanship warranty from the date of practical completion.
 
The warranty covers defects directly resulting from Apex Brushworks' workmanship.
 
The warranty does not cover:

• Normal wear and tear;

• Accidental damage;

• Water leaks;

• Structural movement;

• Building settlement;

• Moisture issues;

• Mould growth;

• Poor maintenance;

• Damage caused by third parties;

• Manufacturer defects;

• Existing property defects.
   

Manufacturer warranties remain separate and are governed by the relevant manufacturer.

18. Photography and Marketing

Apex Brushworks may photograph completed works, work-in-progress areas, and project outcomes.
 
Photographs may be used for:

• Marketing;

• Advertising;

• Social media;

• Website portfolios;

• Business promotion.
   

Clients may opt out by providing written notice before project completion.
 
Regardless of any marketing opt-out, Apex Brushworks may retain photographs for:

• Internal records;

• Insurance purposes;

• Warranty documentation;

• Compliance requirements.
   

19. Limitation of Liability
 
To the fullest extent permitted by law:

• Apex Brushworks shall not be liable for indirect, incidental, special, or consequential losses;

• Liability shall be limited to the value of the services supplied;

• Apex Brushworks shall not be responsible for losses arising from hidden defects, existing damage, structural failures, moisture issues, or circumstances beyond its reasonable control.

Nothing in these Terms excludes rights that cannot lawfully be excluded under Australian Consumer Law.
 
20. Australian Consumer Law
 
Nothing within these Terms is intended to exclude, restrict, or modify any rights or guarantees available under the Competition and Consumer Act 2010 (Cth) or any applicable Australian Consumer Law.
 
Where legislation provides non-excludable rights, those rights shall prevail to the extent required by law.
 
21. Termination
 
Apex Brushworks may terminate a project or agreement where:

• The Client breaches these Terms;

• Payment obligations are not met;

• Site conditions become unsafe;

• Access is repeatedly denied;

• The Client engages in abusive, threatening, or unreasonable conduct.

Any works completed prior to termination shall remain payable.
 
22. Dispute Resolution
 
Should a dispute arise, both parties agree to attempt resolution through good faith negotiations.
 
If negotiations fail, the parties agree to participate in mediation before commencing legal proceedings where reasonably practicable.
 
Nothing prevents either party from seeking urgent legal relief where necessary.
 
23. Governing Law
 
These Terms are governed by the laws of Victoria, Australia.
 
Any disputes shall be subject to the jurisdiction of Victorian courts and tribunals.
 
24. Amendments
 
Apex Brushworks reserves the right to update these Terms from time to time.
 
Updated Terms may be published on our website and shall take effect upon publication unless otherwise stated.
 
25. Contact
 
Apex Brushworks
 
Website: www.apexbrushworks.com
Email: info@apexbrushworks.com
Phone: +61 414 211 849