Service Terms & Conditions

KANGAROO BUILDING WORKS WA PTY LTD 

TERMS & CONDITIONS OF TRADE 

ABN: 65691767263  / ACN – 691767263   

1. DEFINITIONS

In these Terms and Conditions: 

“Contractor” / “we” / “us” / “our” means Kangaroo Building Works WA Pty Ltd. 

“Client” / “you” / “your” means the individual, company, trustee, partnership or entity engaging the Contractor. 

“Works” means all labour, services, repairs, maintenance, installation, renovation, plastering, painting, carpentry, roofing repairs, or any other services provided. 

“Goods” means all materials, products, fixtures or items supplied, installed, or used in the Works. 

“Site” means the location where Works are performed. 

“Quote” means any written or verbal estimate, proposal or pricing provided by the Contractor. 

“Variation” means any change, addition, omission, or modification to the agreed scope of Works. 

“Payment Due Date” means the date stated on the invoice, Quote, progress claim, or any other written payment request issued by the Contractor. 

2. ACCEPTANCE OF TERMS

By accepting a Quote, instructing commencement of Works, or allowing Works to proceed, the Client is deemed to have read, understood, and accepted these Terms and Conditions in full. These Terms apply to all future Works unless replaced in writing. 

3. ENTIRE AGREEMENT

These Terms, together with any Quote, invoice, variation notice, or written confirmation issued by the Contractor, constitute the entire agreement between the parties. Any prior discussions, representations, or informal agreements are not binding unless confirmed in writing. 

4. QUOTATIONS

All quotations are based on visible site conditions and information provided by the Client at the time of inspection. If hidden defects, structural issues, or unforeseen conditions are discovered during Works, the Contractor reserves the right to adjust pricing accordingly. Quotations are valid for 30 days unless otherwise stated. 

5. ERRORS, OMISSIONS & CLERICAL MISTAKES

The Contractor reserves the right to correct any clerical, mathematical, typing, measurement, or administrative error in any Quote, invoice, or document at any time. Such corrections shall not invalidate the agreement and will be communicated to the Client as soon as reasonably practicable. 

6. VARIATIONS

Any change to the original scope of Works requested by the Client or required due to site conditions will be treated as a Variation. Variations may affect cost, labour time, and completion date. The Contractor is not obligated to proceed with additional Works until pricing is agreed. 

7. SITE ACCESS

The Client must provide continuous, safe, and unobstructed access to the Site for the duration of the Works. Any delays, rescheduling, or inefficiencies caused by restricted access may result in additional charges to cover labor downtime and return visits. 

8. SITE SAFETY – CHILDREN, PETS & VALUABLES

For safety reasons, the Client must ensure that Children, Minors, pets, and unauthorized persons are always kept away from active work areas. All valuable, fragile, or sentimental items must be removed or adequately protected by the client prior to commencement of Works. The Contractor accepts no responsibility for damage to items left within or near the work zone. 

9. CONTRACTOR RIGHT TO STOP WORK

The Contractor reserves the right to immediately suspend or cease Works if: 

• the Site is unsafe or hazardous  

• Children, Minor or pets are present in work areas  

• there is aggressive, abusive, or threatening behavior  

• conditions present a risk to health or safety  

Any suspension may result in additional costs for return mobilization. 

10. SITE CONDITIONS & HIDDEN DEFECTS

The Contractor is not responsible for pre-existing or hidden defects including structural movement, water ingress, mould, electrical faults, asbestos, or non-compliant previous workmanship. Any additional Works required due to such conditions will be treated as a Variation and charged accordingly. 

11. GOODS & DELIVERY RISK

All Goods supplied or delivered to Site become the responsibility of the Client upon delivery, regardless of whether installation has been completed. The Client bears all risk of loss, theft, or damage once Goods are on Site. 

12. TITLE & OWNERSHIP OF GOODS

Ownership of all Goods remains with the Contractor until full payment of all outstanding amounts is received. The Contractor retains the right to reclaim or recover Goods where payment is not made in full. 

13. PAYMENT TERMS

All invoices must be paid by the Payment Due Date. Where no date is specified, payment is due immediately upon completion of Works or delivery of Goods. The Contractor may require deposits or progress payments before or during Works. 

14. OVERDUE ACCOUNTS & INTEREST

Overdue amounts will attract interest at a rate of 10% per annum, calculated daily from the Payment Due Date until full payment is received. This interest is a genuine pre-estimate of administrative and financing costs incurred due to late payment. 

15. DEBT RECOVERY COSTS

The Client is liable for all costs incurred in recovering overdue amounts, including but not limited to debt collection agency fees, legal costs, court filing fees, enforcement costs, and administrative recovery expenses. 

16. CHANGE OF OWNERSHIP / CONTINUING LIABILITY

Any change in ownership, business name, ABN, directors, trustees, or corporate structure does not release the Client from liability for any outstanding debts. All successor entities remain jointly and severally liable for payment. 

17. DEFECTS NOTIFICATION

Any alleged defect must be reported in writing within a reasonable time after completion of Works. Reports must include clear details and photographic evidence where reasonably possible. Claims submitted outside a reasonable time frame may be rejected at the Contractor’s discretion. 

18. RECTIFICATION RIGHTS

The Contractor must be given the first opportunity to inspect and rectify any alleged defect before any third-party contractor is engaged. Failure to provide this opportunity may void any warranty or dispute claim. 

19. DISPUTE RESOLUTION PROCEDURE

The Client agrees to follow all the steps in consecutive order for all disputes: 

1. Written notice of complaint with Photo evidence  to the contractor
2. Site inspection  and verification by Contractor  
3. Opportunity for rectification  
4. Independent mediation or assessment (proposed by Kangaroo Building Works WA PTY LTD) if required  
5. Debt Recovery AND, OR Legal proceedings as a final option  

The Client agrees not to escalate disputes externally before this process is completed. 

20. CLIENT ALTERATIONS TO WORKS

Any modification, repair, or alteration carried out by the Client or any third party, with Client’s knowledge or control, will void any warranty or dispute claim relating to the affected Works. The Contractor is not liable for any resulting damage or issues. 

21. UNSAFE CONDITIONS & WITHDRAWAL FROM SITE

The Contractor may leave the Site immediately if unsafe conditions arise, including threats of physical harm, verbal or psychological abuse, exposure to hazardous materials, or any condition that compromises Health or safety. 

22. SUSPENSION OF WORKS

The Contractor may suspend Works at any time where payment is overdue, Variations are disputed, access is restricted, or Site conditions are unsafe. Suspension does not waive the Client’s obligation to pay for Works already completed. 

23. TERMINATION

Either party may terminate Works by written notice. The Client remains responsible for all Works completed, materials ordered, and costs incurred up to the date of termination. 

24. FORCE MAJEURE

The Contractor is not liable for delays or failure to perform Works due to events beyond reasonable control, including weather events, supply shortages, transport delays, injury, Sickness or industrial disruptions. 

25. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Contractor’s liability is limited to the value of the Works performed. The Contractor is not liable for indirect, consequential, or economic loss including loss of income or business interruption. 

26. WARRANTY

Any workmanship warranty applies only where full payment has been received, and no unauthorized alterations have been made to the Works. Warranty excludes normal wear and tear and pre-existing conditions. 

27. MATERIALS (CLIENT & CONTRACTOR SUPPLIED) & SUPPLIER WARRANTY CLAIMS

The Contractor is not responsible for defects, performance issues, suitability, or compliance of any third-party manufactured products, regardless of who supplies them. 

Where materials are supplied by the Client, the Client is solely responsible for ensuring they are suitable for the intended purpose. The Contractor accepts no liability for delays, defects, or additional Works arising from Client-supplied materials. 

Where materials are supplied by the Contractor, the Contractor may, where reasonable, assist the Client in making warranty claims with the original supplier. Such assistance is provided on a goodwill basis only and does not create any obligation to pursue, fund, or guarantee warranty outcomes. 

The Client acknowledges that supplier warranty processes, approvals, and timeframes are controlled by third parties and are outside the Contractor’s control. Any delay in supplier assessment or replacement does not constitute delay, breach, or liability by the Contractor. 

If defective materials impact the Works, any removal, replacement, or reinstallation of labour required will be treated as a Variation and charged accordingly, unless otherwise agreed in writing. 

28. PROFESSIONAL ADVICE DISCLAIMER, RELIANCE & LIMITATION OF LIABILITY

The Contractor provides trade-based services only and may from time to time offer general comments or suggestions based on practical experience. Such information does not constitute engineering, architectural, legal, or certified professional advice. 

The Client is responsible for obtaining independent professional advice where required, including structural, design, Trade Professional or compliance matters. 

The Client acknowledges it does not rely solely on the Contractor for professional or regulatory advice and accepts responsibility for decisions made based on any informal guidance provided. 

The Contractor’s liability is limited to the value of the Works performed to the extent permitted by law. 

29.  INSURANCE

The Contractor maintains appropriate insurance coverage as required by law, including public liability insurance. 

30.  PHOTOGRAPHIC & SITE RECORDS

The Contractor may take photographs or records before, during, and after Works for documentation, quality control, and dispute resolution purposes. 

31.Electronic Instructions & Approvals 

The Client agrees that any instructions, approvals, variations, or confirmations provided via email, SMS, messaging apps, or other electronic communication shall be deemed valid, binding, and form part of the Contract. The Contractor is entitled to rely on such communications without requiring a physical signature or additional written confirmation. 

32.Client Information & Site Accuracy 

The Client is responsible for ensuring all information provided to the Contractor, including site details, measurements, access requirements, and existing conditions, is accurate and complete. The Contractor shall not be liable for any loss, delay, or additional costs arising from incorrect or incomplete information supplied by the Client, and such matters may be treated as a variation to the Contract. 

33.  PRIVACY

Client information will be used solely for business purposes including quoting, invoicing, compliance, and communication related to Works. 

34.  GOVERNING LAW

These Terms are governed by the laws of Western Australia. Any disputes shall be subject to the jurisdiction of Western Australian courts. 

35.  SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 

Kangaroo Building Works
11 Baystone St, Byford WA 6122, Australia
Phone: 0410 914 782 (Amrit) / 08 6384 6453 (Office)
Email: admin@kangaroobuildingwork.com / 
Website: https://kangaroobuildingworks.com/

Updates to Terms

If you have any questions regarding these Terms, please contact us at the details above before proceeding with a quote or booking.

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If you have any questions regarding these Terms, please contact us at the details above before proceeding with a quote or booking.