Terms and Conditions

1. Parties and acceptance

In these Terms, “EpiqFlo”, “we”, “us” and “our” mean Excalibur Contractors Pty Ltd trading as EpiqFlo. “Client”, “you” and “your” mean the person or entity requesting or purchasing our goods or services.

You accept these Terms by approving a quotation, signing or electronically accepting a proposal, paying a deposit, instructing us to commence work, booking services where these Terms are displayed, or otherwise entering into an agreement that incorporates these Terms.

The contract consists of the accepted quotation or proposal, approved variations, relevant work orders, these Terms and any documents expressly incorporated by reference.

2. Services and scope

We provide resin flooring, epoxy, polyaspartic, polyurethane cement, decorative flake systems, solid-colour systems, non-slip flooring, concrete grinding and preparation, crack and joint treatment, line marking, protective coatings and related services as specified in the accepted quotation.

Only work expressly described in the accepted quotation is included. Any drawings, photographs, visualisations, samples, estimates or discussions are indicative unless the quotation states that they form part of the agreed scope.

3. Quotations, measurements and pricing

Quotations remain open for the period stated in the quotation. If no period is stated, the quotation remains open for 30 days.
Prices are based on the information, access conditions, measurements and substrate condition reasonably available when the quotation is prepared.
Unless expressly stated otherwise, quantities and measurements are estimates and may be adjusted to verified site measurements.
All prices are exclusive of GST unless the quotation states otherwise.
Pricing may be revised if the Client changes the scope, programme, working hours, specification, access arrangements or required finish.
Travel, accommodation, inductions, permits, traffic control, after-hours work, disposal, specialist testing and equipment hire are included only where expressly stated.

4. Deposits, progress claims and payment

The deposit and payment schedule are those stated in the accepted quotation, subject always to any limit or requirement imposed by applicable law. A booking or mobilisation date is not secured until the required deposit and requested acceptance documents have been received.

Invoices are payable by the due date shown on the invoice.
Progress claims may be issued according to project milestones, completed work, materials procured or the schedule stated in the quotation.
The Client must not withhold payment for an undisputed amount because another amount is disputed.
We may suspend procurement, mobilisation or work after giving reasonable notice where an invoice is overdue.
The Client is responsible for reasonable debt-recovery costs actually incurred in recovering overdue amounts, to the extent permitted by law.

Where legislation governing residential or home-building work applies, the deposit, contract form, progress payments, variations and other requirements will be administered in accordance with that legislation.

5. Client site obligations

Unless the quotation states otherwise, the Client must provide:

safe, uninterrupted and lawful access to the site during agreed working hours;
a clear work area free from people, stock, vehicles, equipment and other trades;
suitable power, water, lighting and ventilation where required for the selected system;
parking, loading access and reasonable access for grinders, vacuums, mixers and other equipment;
accurate information about site rules, services, hazards, hazardous materials, previous coatings and contamination;
all owner, landlord, strata, principal-contractor or other approvals not expressly included in our scope;
adequate protection from unauthorised access, water ingress, dust, wind, insects, animals and other contamination during installation and curing; and
compliance with the post-installation access, cure and maintenance instructions we provide.

Additional attendance, delay, remobilisation, cleaning or rectification caused by a failure to provide these conditions may be treated as a variation.

6. Substrate and latent conditions

Resin flooring is bonded to the existing substrate. Its performance depends on matters including concrete strength, moisture, vapour transmission, contamination, laitance, existing coatings, curing compounds, movement, cracking, joints, drainage, falls and environmental conditions.

Unless expressly included, our quotation does not allow for concealed or latent conditions that could not reasonably be identified before preparation commenced. Examples include hydrostatic pressure, rising moisture, oil penetration, unstable screeds, delamination, weak concrete, hidden membranes, salts, asbestos-containing material, widespread cracking, structural movement or contamination beneath an existing coating.

If latent or unsuitable conditions are identified, we may stop the affected work, explain the issue and propose additional preparation, testing, repair, moisture mitigation, specification changes or other work as a variation. We do not guarantee that cosmetic crack treatment will prevent cracks from reappearing where the substrate continues to move.

7. Variations

A variation is a change to the agreed scope, specification, quantity, sequence, access arrangement, programme or site condition. Wherever practicable, variations must be documented and approved before the additional work begins.

The variation may change the contract price, completion date, product system, warranty or other project requirements. If immediate action is reasonably necessary to make the site safe, protect completed work or prevent further loss, we may take reasonable protective action and notify the Client as soon as practicable.

8. Programme, delays and access

Commencement and completion dates are estimates unless expressly stated to be fixed. Flooring work can be affected by substrate moisture, temperature, humidity, weather, curing, product availability, site access, preceding trades and conditions beyond our reasonable control.

We are entitled to a reasonable extension of time where delay is caused by the Client, another contractor, latent conditions, weather, supply interruption, industrial action, authority requirements, emergency, unsafe conditions or another event beyond our reasonable control.

9. Samples, colours and finished appearance

Samples, photographs, digital visualisers and displays are indicative only. Screen settings, lighting, texture, batch variation and substrate colour can affect appearance.
Flake, quartz, metallic and hand-applied decorative finishes naturally contain variation and are not intended to look mechanically uniform.
Existing slab levels, falls, joints, undulations, repairs and surface profile may remain visible unless correction is expressly included.
A seamless resin floor does not mean that all existing control joints, construction joints or movement joints can be removed or rigidly filled.
Slip resistance depends on texture, contamination, footwear, cleaning, wear and environmental conditions. The Client must select a finish appropriate to the intended use and maintain it correctly.

10. Curing, protection and return to service

The Client must follow the written or verbal cure-time and return-to-service instructions issued for the selected system. Cure times may vary with temperature, humidity, film thickness, ventilation and site conditions.

The Client is responsible for preventing foot traffic, vehicles, water, cleaning, chemical exposure, covering, impact or contamination until we confirm that the relevant area may return to service. Damage caused by premature use is not a defect in our workmanship and may be repaired at additional cost.

11. Practical completion and defects

Practical completion occurs when the work is substantially complete and capable of being used for its intended purpose, despite minor items that do not materially prevent use.

The Client must inspect the work as soon as reasonably practicable and notify us promptly of any alleged defect, providing photographs and reasonable access for assessment. We must be given a reasonable opportunity to inspect and, where we are responsible, rectify the issue before others alter or repair the affected work.

12. Workmanship warranty

Any express EpiqFlo workmanship warranty applies for the period and on the conditions stated in the accepted quotation, warranty certificate or published warranty terms. The warranty is additional to, and does not replace, rights and remedies that cannot lawfully be excluded.

Unless applicable law or the project documents require otherwise, an express workmanship warranty does not cover damage or failure caused by:

structural movement, substrate cracking, joint movement, settlement or vibration;
moisture, hydrostatic pressure, vapour transmission or water ingress not addressed by the agreed system;
impact, abrasion, excessive loads, steel wheels, dragging equipment or use outside the agreed service conditions;
chemical, heat or UV exposure beyond the selected product specification;
poor cleaning, unsuitable cleaning products, contamination or failure to maintain the floor;
alterations or repairs by others;
premature traffic or failure to follow cure and care instructions; or
normal wear, gloss change, staining, discolouration or expected ageing.

Full warranty information is available at www.epiqflo.com/epiqflo-warranty.

13. Australian Consumer Law

Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law or other applicable legislation. Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

Where permitted by law, our liability for a failure to comply with a non-excludable guarantee is limited to the remedy or remedies available under the applicable legislation.

14. Responsibility and limitation of liability

Each party is responsible for loss or damage to the extent it is caused by that party’s breach, negligence or unlawful conduct. To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the contract was formed.

Nothing in this clause limits liability for personal injury, fraud, wilful misconduct, breach of a non-excludable statutory guarantee or any liability that cannot lawfully be limited.

15. Cancellation, suspension and termination

A Client requesting cancellation or postponement must give as much notice as reasonably possible. Subject to applicable law, the Client may be required to pay reasonable costs already incurred or committed, including custom materials, mobilisation, equipment hire, accommodation, labour allocation and administration directly associated with the project.

Either party may terminate the contract for a substantial breach that is not remedied within a reasonable period after written notice. We may immediately suspend work where conditions are unsafe, access is denied, an invoice is materially overdue or continuing would breach law or manufacturer requirements.

On termination, the Client must pay for work properly performed and reasonable committed project costs up to the termination date, less amounts already paid and subject to any rights available under applicable law.

16. Privacy, enquiries and communications

When you submit an enquiry, request a quotation, book an appointment or become a Client, we may collect and use your personal information to respond, assess the project, prepare quotations, schedule work, administer the contract, provide customer service and maintain business records.

We may use service providers, including customer relationship management, communications, payment, scheduling and analytics platforms, to perform these functions. Personal information is handled in accordance with our Privacy Policy: www.epiqflo.com/epiqflo-privacy-policy.

Service-related email and SMS messages may be sent about an enquiry, quotation, appointment or project. Marketing messages will be sent only where we have the required consent or another lawful basis, and will include a method to unsubscribe where required.

17. Website use

Website content is general information only and does not replace a site inspection, written specification or project-specific quotation. We may update the website without notice and do not warrant that every page will always be uninterrupted or error-free.

All website text, branding, graphics, layouts, photographs and other content owned by or licensed to us are protected by intellectual property laws. Content may not be reproduced, republished or used commercially without our prior written permission, except as allowed by law.

Links to third-party websites are provided for convenience. We do not control and are not responsible for third-party content, security, products, services or privacy practices.

18. Complaints and dispute resolution

A party raising a concern must provide reasonable details and supporting information. The parties will first attempt to resolve the matter through direct discussion and allow a reasonable opportunity for inspection and rectification where appropriate.

If the matter is not resolved, either party may propose mediation or use any complaint, adjudication, tribunal or court process available under applicable law. Nothing in this clause prevents urgent injunctive relief or the exercise of a non-excludable statutory right.

19. General terms

Governing law: These Terms are governed by the laws of Western Australia and applicable Commonwealth laws.
Severability: If part of these Terms is invalid or unenforceable, it is to be read down where possible and the remainder continues to apply.
No waiver: A delay in exercising a right does not waive that right.
Assignment: Neither party may assign the contract without the other party’s consent, which must not be unreasonably withheld, except as permitted by law.
Electronic communications: Notices, approvals and contract documents may be given electronically unless applicable law requires another method.
Updates: Website Terms may be updated from time to time. The version incorporated into a project contract is the version applicable when that contract is formed, unless the parties agree otherwise.

20. Contact details

Excalibur Contractors Pty Ltd trading as EpiqFlo
ABN: 69 614 048 547
Perth, Western Australia
Phone: 08 6629 6400
Email: [email protected]
Website: www.epiqflo.com