- This quotation is measured and prepared based on what we could observe during our site inspection and/or off plans provided to HDL at the time of quoting stage. If the site conditions are different and the scope of work varies than is set out hereto prior to commencing or during work, then HDL reserves the right to revise the quote and this may involve extra cost.
- This quotation ceases to be binding on HDL – the painting professionals at the expiry date of 90 days from the date of issue. HDL reserves the right to withdraw the quotation at any time prior to the said 90 days.
- Should scaffolding or any access equipment be required to carry out works quoted, supply and erection of suitable scaffolding conforming to the current construction regulations is the responsibility of the client/contractor unless specifically allowed for in this contract. HDL will not be held liable for any costs, expenses or damages should the access equipment supplied is non-current and does not comply to the latest industry standards.
- All surfaces on which our work is to be carried out are to be in a condition to accept the materials specified. No remedial work has been allowed for except as itemised in the quotation.
- Generally, joints in plaster/paint work crack prematurely due to expansion and contraction in the soil causing the building to move or by thermal causes. Often, cracking is caused by movement in plasterboard and other substrates due to high traffic areas such as internal stairways and passing of construction vehicles. HDL shall not be held liable for cracking of joints due to movement of buildings or substrates, as HDL cannot control such factors. HDL use only high-quality plaster (if allowed in the scope) and paint products and industry recommended application methods. Any remedial works due to the above causes will incur additional maintenance cost at a quoted rate by HDL.
- All preparation and painting work will be carried out to acceptable trade standards and manufacturer recommended application methods. No responsibility will be accepted for adhesion failure of previous coatings (refer to Delamination Warning above).
- All touch-ups are carried out “once” and before final sign-off within five days from the date of completion. Any touch-up calls made after five days will be handled on a call-out basis.
- Oil based or solvent borne coating systems leave a strong odour and have longer dry and recoat times. After such application of work is completed, wet areas such as bathrooms, kitchen, laundry, etc. is only serviceable within 48 hours depending on film thickness, tinter levels and drying conditions as per manufacturer’s specifications.
- Removal, uninstallation and reinstallation of chattels, fixtures and fittings such as curtains, curtain rails, downlights, kitchen appliances, etc. is the responsibility of the client/contractor. HDL does not take any responsibility nor will be held liable for any damages caused during the movement process.
- Whilst extreme care will be taken for all fixtures and fittings before, during and after the works, movement/removal of furniture items, wall hangings, personal belongings and effects is the responsibility of the Main Contractor/client prior to starting any work to keep all work areas clear. Once completed all items to be replaced by the Main Contractor/client.
- We’ll ensure quality at every step of the project through our regular supervision of the job processes, and a thorough inspection and review of all projects before handover. Client is equally responsible to report painter(s) or HDL staff usually within 48 hours of completion of works, and preferably whilst still on the job site of any snags related to painting works that require remedy, as we cannot guarantee the return turnaround of our painter(s) once they have completed the job and left the premises. In the event, such a matter is reported after the painter(s) have signed-off from the job site, the remedy will only be carried out if reported within a reasonable timeframe of five days from the date of completion. Failure to do so will incur a call-out fee.
- It is the client’s or main contractor’s responsibility to provide clear and unobstructed access to the site at all reasonable times and take all reasonable steps to facilitate the performance of the work including supply of electricity, water and toilet facilities for the use of our painter(s) throughout the duration of the project, free of charge.
- All progress payments will be computed on the basis of producing two weeks’ worth of work.
- Trade Debtors must pay HDL for the works (including all materials) in the way this contract stipulates or contemplates. Failure to pay on time or otherwise Trade Debtors don’t meet all obligations, HDL can suspend works on site.
- If the payment or part of the payment is outstanding for 4 weeks after it is due to be paid, HDL can terminate the contract without notice. All such completed works will not be guaranteed and/or part of the guarantee programme and any guarantees offered herein becomes null and void.
- All materials goods (finished or otherwise), brought onto site and whether fixed or not shall remain the property of HDL until payment has been made in full.
- Some items specified herein or unspecified may not have a price or could only be estimated when the contract started and in force. For eg; materials, equipment hire, certain labour costs, etc. HDL will usually let you know how much to pay for these when known, which will be in writing prior to application. Irrespective, HDL is entitled to add the reasonable costs associated with these items to the total contract price. If the actual cost plus HDL’s margin is less than the estimate for that item, the overall price will be reduced. If more, then it is payable in addition to the original contract price.
- Rates quoted herein are GST Exclusive unless stated otherwise. Increases in taxes such as GST can be added to the price as per law.
- HDL is not liable for special, indirect, incidental or consequential loss or damages.
- If the Buyer cancels the contract after paying HDL in full or even partial amount of the contract, HDL may keep an amount commensurate with any expenses incurred, materials purchased for work or equipment hire undertaken prior to cancellation.
- HDL warrants the work will be done within the time stipulated in this contract, or if no time is stipulated, within a reasonable time. There can be delays, including for reasons beyond HDL’s reasonable control, and these can extend the time to complete the work and HDL may increase the price to reflect reasonable cost increases associated with this. Reasons include inclement weather, unavailability of materials, variations to the work, the Main Contractor or Buyer’s work schedule is delayed or not doing what is required of them and industrial disputes causing HDL downtime. In the event, there are delays, HDL will contact the Buyer to make arrangements. The Buyer and HDL must each use reasonable endeavours to minimize any delays.
- HDL will as far as practical, make good any damage to the Buyer’s property caused by HDL, or its agents or sub-contractors, within a reasonable timeframe. HDL will not be responsible nor liable to make good any damages caused by the Buyer, or its agents, other contractors or visitors the Buyer has engaged. For eg; if putting furniture back your removalist damages a painted wall or any painted surface, HDL will not be responsible nor liable for such damages. Such remediations if required will be carried out at the quoted Daywork call-out rate hereto and all such variation costs will be borne by the Buyer and paid in full to HDL upon completion.
- The work HDL will undertake for the Buyer is described in this contract. HDL will do all reasonable work that is incidental to that which is described in order for it to be completed. HDL warrants that the work will be done with due diligence, in accordance with and complying with the law, and that the work will result, to the extent of the work conducted, in a dwelling that is reasonably fit for occupation as a dwelling. Before work starts, the Buyer must arrange site access, obtain and pay for any necessary approvals for the work (for eg; from Council) and let HDL know otherwise HDL will assume none are required. Costs associated with the Buyer failing to do this or HDL needing to comply with approvals are generally charged in addition to the contract price. This can include for eg; Council costs associated with footpath or street restrictions and dealing with electrical street wiring, etc. HDL may arrange to sub-contract the work to another party. Generally, HDL will be responsible for them, except where that party acts fraudulently or outside HDL’s instructions or their instructions.
- The scope and extent of the work shall be as stated herein and on the date of this quote issued. Any variation, which shall be required or any additional work shall be the subject of a separate agreement. Additional time for completion of such work shall be allowed if HDL is delayed for reasons beyond its control. Notwithstanding, anything herein contained any abnormal conditions of which HDL has not been advised which may be encountered and which cause the use of special plant, equipment or other expenses shall result in an increase in the price.
- If any disputes or difference shall arise touching the meaning of any clause or provision herein or any accompanying documents contained or touching the rights or obligations of you or HDL in a way having relation to the subject matter of this contract or any claim arising there out of the same, it shall be resolved in accordance with the provisions of the Arbitration Act 1908, or any amendments thereof.
- The guarantor (individual accepting and signing this contract) guarantees to HDL and indemnifies HDL against losses incurred by HDL from a breach in the due and punctual payment of the moneys owed and the observance and performance of the client or contractor’s obligations under this contract. The guarantor is liable under this guarantee and this contract as if it were the sole principal debtor and not merely a surety. The guarantor agrees that no indulgence, granting of time, waiver or forbearance to sue or any other thing whereby the guarantor would be released as a surety or otherwise shall in any way release the liability of the guarantor under this contract. The guarantor will unconditionally and irrevocably guarantee to HDL payment of any monies owed to HDL under the contract, plus interest and the due and punctual observance or performance of all the client/contractor’s obligations contained in this contract.
Payment Terms
- Unless otherwise agreed in writing, our payment terms are: 30% deposit upon acceptance of this proposal prior to the job being started; thereafter progress interval payments shall become due and payable within 7 days, and the total of such payments will always amount up to 90% of the value of the works completed. Final payment, including any agreed variations is due within 3 days of completion of all works. All variation invoices must be paid in FULL.
- Should a job be cancelled by the client following job confirmation and deposit payment, and where service has already commenced, part or all of the deposit may be non-refundable to cover costs already incurred. Failure to pay a deposit does not constitute non-acceptance of the order but does entitle HDL not to proceed with the work at its own option.
- An invoice will be issued as a claim for payment, as provided under the Construction Contracts Act 2002. Any disputed items must be clearly identified in a written payment schedule, at least 10 days before the payment due date.
- HDL reserves the right to discontinue work if the work has not already been completed until all overdue money is paid.
- Accounts are due to be paid as agreed in the contract. If payment is not made by the Creditor on the due date and in FULL for invoices issued, late payment fees such as admin, interest, collection, Director’s time and attendance to resolve dispute, legal and court fees will be levied for all unsettled invoices. The Client or Buyer shall pay interest at the rate of 5% the day after due date, 10% three days after, and then a further 15% every month on the total balance outstanding of the invoice from the due date. Details of the account may be referred to a credit reference or debt collection agency and the Client or Buyer will be liable for all legal recovery costs incurred by HDL.
- Interest on retention money is payable from the date on which it is payable under the construction contract until the date on which it is paid (refer 18G, 2A Retention Money, CCA 2002).
Variations to this Contract
- This contract may need to be changed and often it is the scope of work that needs to be varied.
- Reasons the scope of work can change include: the tender plans and specifications provided to HDL differ from the actual site conditions, the Buyer changed their mind because of colour choice, application method, numerous damages to finished surfaces caused by other tradespeople after completion, or wallpapering an area as opposed to painting or decided to include additional painting or remedy items or exclude item or the Seller becomes aware of items not previously anticipated such as plastering or remediation for quality finish. Consequently, the project does not go as planned, including price changes, approvals proving necessary and substrate not being good or ready.
- Most often, a change in the scope of work will mean a change in the price. Any agreement to vary this contract (including price variations outside those contemplated by the contract), or to vary the plans and specifications for work to be done under this contract, must be in writing signed by or on behalf of each party to this contract. Writing includes email (taken to be signed by the sender if sent and the sender has no reason to doubt it was successfully sent to the address given) and text (taken to be signed by the sender by virtue of the fact that it is sent to the mobile number given).
- HDL intends to use the materials that this contract describes. If HDL considers that the materials this contract specifies are not reasonably available and at anticipated costs, HDL has the right to substitute them with materials of a standard it considers materially the same or better and the right to change the contract price and charge extra.
- Some variations, unless agreed to, may mean the work cannot be completed as anticipated or on time.
Ending this Contract
- Notwithstanding anything herein contained, the Seller shall not be held responsible for any loss, damage or delay due to causes beyond its control. In the event of any such occurrences continuing for more than fourteen days, the Seller shall have the right to notify the Buyer and to terminate the work without incurring liability for damages and to be paid such portion of the quoted price as shall be proportionate to the work completed and materials delivered up to the date of such termination.
- The Buyer can terminate this contract by written notice to the Seller at any time by justifying their reasons to be deemed reasonable, but the Buyer must pay for all work done up to that time.
- The Buyer can also terminate this contract by written notice to the Seller if the Seller does not: complete the work within 4 weeks of the date for completion described in this contract or within a reasonable timeframe; or remedy breaches of this contract within a reasonable time.
- Either the Buyer or the Seller can terminate this contract agreement by written notice to the other if: necessary approvals are not obtained within 12 weeks of the date of the contract; there is a change to the contract which the Seller considers necessary for the work to be completed and agreement cannot be reached as to this within 4 weeks of the change first being requested; or the other party suffers an insolvency event.
- Termination has no effect on the Buyer’s obligation to pay the Seller for work satisfactorily completed.
- The Seller can terminate this contract by written notice to the Buyer if: the Seller is not given site access as this contract contemplates; the Seller does not receive full payment within 7 days or as agreed from the date of any reminder; or if the Buyer otherwise breach their obligations in a material way.
Privacy Act 1993
- The Buyer and the Guarantor/s (if separate to the Buyer) authorises the Seller to:
- collect, retain and use any information about the Buyer, for the purpose of assessing the Buyer’s creditworthiness or marketing products and services; and
- to disclose information about the Buyer, whether collected by the Seller from the Buyer directly or obtained by the Seller from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Buyer.
- The Buyer shall have the right to request the Seller for a copy of the information about the Buyer retained by the Seller and the right to request the Seller to correct any incorrect information about the Buyer held by the Seller.
Confidentiality
The Buyer agrees to maintain confidentiality with regard to secret, confidential, and proprietary information, as well as all trade secrets and intellectual property disclosed or developed by HDL Painting & Projects Limited T/A HDL – the painting professionals in connection with the Work or the Purchase Order, and shall require the similar undertaking from any employees, subcontractors, representatives or agents. Any drawings, plans and data, furnished by HDL to the Buyer and all related technical and commercial information that the Buyer may receive in the course of the Purchase Order and the Work, shall be confidential and shall not be used for any purpose other than performing this contract. Such confidential information shall not be reproduced or copied by the Buyer without HDL’s written consent and shall remain the sole property of HDL, even upon completion of the Work and Purchase Order.
Guarantee of Workmanship
As part of our ongoing commitment, HDL – the painting professionals offer a guarantee of workmanship.
Workmanship Guarantee
- HDL guarantees all work under normal conditions of use, against any paint failure before its manufacturers expected lifespan for the products used and only if the cause is found to be of faulty workmanship.
- The guarantee covers defects in workmanship in accordance with the specified system, any surface coating that has failed due to the sole and direct result of any defective workmanship which is a failure of standard compliance of relevant trade practices.
- Generally, a 2-year workmanship guarantee, or no guarantee applies to older buildings that have not been fully stripped to bare or repaired/replaced to a minimum repainting standard. The paint products are expected to perform in accordance with manufacturer’s warranty conditions and expected life of the paint system.
- All surfaces requiring staining carry a 2-year guarantee in accordance with paint manufacturer’s guarantee program.
- The customer is obligated, as a condition of the guarantee, to notify HDL within 30 days of any failure in the Paint Coating System, and to facilitate immediate access as required by HDL to inspect the area, and then to effect required remedial work.
The Guarantee does not cover:
- Damage or defects that are caused due to movement of the earth, substrates or foundations resulting in cracks, etc.
- Damage or defects due to inadequate regular maintenance by the Client including regular washing of exterior surfaces and repairing any obvious damages. Consequential damage or consequential loss.
- Damage or defects beyond the reasonable control of HDL including age and condition of the substrates (timber, fibre cement, masonry, steelwork, etc.) condensation, shrinkage, contraction or expansion of any material, and act of God.
- Damage or defects that should have been avoided or resultant from normal wear and tear including damage or deterioration that could have been reasonably minimized or avoided by the Client by carrying out regular thorough inspections and maintenance procedures.
- Damage or defects arising from natural causes such as oxidisation, chalking, heat, moisture, etc.
- Damage or defects arising from a problem with the condition of the substrate which was notified by HDL to the Client and which the client elected not to adequately repair or alter. Examples include gib-board wall is out of position, alignment or uneven joins, timber or steel studs have a deviation, etc. These issues cause a substandard painting finish and ultimately lead to cracks and peeling of the paint finish over time as the foundation is not set right.
- Previous coats of paints applied by a third party before or since completion of HDL’s work. Colour consistency of coatings especially roof coatings as these are subject to significant environmental impacts.
- Paint cracking in areas where the weatherboards are gap filled, such as the undersides for cosmetic reasons.
- Matters or claims that are not the responsibility of HDL including work or materials outside the contract or arranged by and/or paid for directly by the Client.
- Matters or claims covered by insurance including home and contents insurance and/or professional indemnity insurance.
- Any damage or defect of product(s) that are not an Approved Product.
- Unavoidable aesthetic variance including aesthetic variance due to it being not reasonably practical to match materials.
- Agreed variations where the Client and HDL agree to deviate from the Contract, and/or agree to deviate with regard to relevant trade practices and standards for the works.
- Waterproofing and Weathertight coatings and membranes are not covered for other than their decorative aspects.
HDL undertakes completing all works as defined herein to AS/NZS 2311:2009 “Guide to the painting of buildings” as a minimum standard.
The Guarantee is a 5-year period for painting workmanship based on the expected paint system life attached hereto.
Expected Paint System Life
The expected paint system life chart below (based on Resene guidelines) indicates the expected life of a well maintained pigmented waterborne paint system applied to a properly prepared surface to the paint specifications before recoating is required. Well maintained means regular washing of exterior surfaces and repairing any obvious damage. The illustration herein is indicative only. Refer to coating manufacturer’s guidelines for more details.
For example: Painting an EXTERIOR building. The concrete WALLS are to be painted and the surface condition is described as ‘IDEAL’ (SC1), giving the indication that 12 years could be expected provided regular washing and repairs are carried out during this time. After this the surface will require painting. The box at the bottom of this page gauges the expected surface condition at the end of the stated lifetime. The system for example should have received very little change (0) in surface cracking but it would be expected to have suffered colour change (3).
Exterior expected life figures are for vertical exposure. Surfaces less than 60? to the horizontal will have a 50% reduced life expectancy compared to the stated life expectancies above. Interior expected life figures refer only to durability characteristics of chipping, cracking, flaking, peeling and general film integrity. Colour fastness is excluded. Due to the vast range of staining and the varying effects of this on the substrate and finish it is not possible to include these factors in a general guideline.
Extreme marine environments, adhesion failure of previous coatings, substrate damage or use of solvent borne products will result in reduced life expectancies.
Surface conditions are defined as follows:
SC1: IDEAL New surface in excellent condition. No defects. Surface has not been exposed to weather.
SC2: GOOD Coated surfaces requiring repaint for cosmetic reasons only. Apparently sound coating protecting substrate, no paint breakdown.
SC3: FAIR Some substrate exposed for undetermined time due to incidence of paint breakdown – requires preparatory work and spot priming.
SC4: POOR Substantial areas exposed to weathering for substantial time or never painted.
| Test Method | Description | Exterior | Interior |
| AS1580 481.1.11 | Chalking | 2 | 0 |
| AS1580 481.1.12 | Colour change | 3 | 1 |
| AS1580 481.15 | Gloss change | 3.5 | 0 |
| AS1580 481.1.8 | Cracking | 0 | 0 |
| AS1580 481.1.10 | Flaking | 0 | 0 |
| AS1580 481.1.2 | Discoloration | 4 | 1 |
Key: 0 = No Change, 5 = Severe Change