Stop Leaking Showers

Megasealed Bathrooms Aust. Pty Ltd (hereafter referred to as "Megasealed Bathrooms").
"Customer" means person, agent or owner dealing with Megasealed Bathrooms.
"Trade work" means the work to be carried out under the service.
"Representative" refers to any person authorised by Megasealed Bathrooms.
"Plan" means the schedule of service work to be undertaken which shall be incorporated in the final quote.
"Authorised person" means the person, directed or contracted, to perform or document Trade work on behalf of Megasealed Bathrooms.
"Product" means Megasealed and/or Megasealed as improved or enhanced from time to time according to requirements.
"Natural Stone" means maintenance of marble, granite, limestone and other stones.
"External Services" means work that is performed in areas that are attached to the property but not part of the internal structure of the building.
"Megakit" means Megasealed Do It Yourself kit supplies in a box with accessories for customer to service their own shower.
"Glazed surfaces" refers to silica based products.

CONDITIONS:

TRADE WORKS
1. All items not marked or not shown on the Plan or not listed on the materials list or on an official Megasealed Bathrooms quote and/or Megasealed Bathrooms' Service Report/Quote/Invoice are not included in the final price.
2. Megasealed Bathrooms will not be obligated to make good any existing parts of the room that are no longer structurally sound or have been affected in any way by termites, wet or dry rot, water damage or the general deterioration of age unless this agreement is varied in accordance with Clause 6.
3. The Customer accepts this offer upon the basis that Megasealed Bathrooms makes no warranty as to when the works will be completed. If the offer contained herein is accepted Megasealed Bathrooms agrees to carry out such works as quickly as possible. Under no circumstances will Megasealed Bathrooms be liable for any loss due to completion delays however caused. The Customer agrees to make the payments as per the terms of this document in the event that Megasealed Bathrooms accepts this offer.
4. Megasealed Bathrooms will not be held responsible for any items damaged during the service caused through normal wear and tear.
5. Megasealed Bathrooms will not be obligated should a moulded shower base or moulded bath move away from the wall or walls.

VARIATIONS
6. Any variation to the order can be made with either the Representative or sales manager and must be accompanied with a written confirmation from the Customer. No changes can be made to the colour selection or Plan once service has commenced. The cost of any variations will be in addition to the Contract Price and will be at the expense of the Customer.
7. Should Megasealed Bathrooms' Representative be unable to gain access to perform the service on the agreed date, or the Customer does not adhere to the agreed terms, a call charge of $55 inclusive of GST will be applied.
8.Megasealed Bathrooms reserves the right to refuse to carry out any work not included in the quote. In the event that the Customer or any agent of the Customer has made any misrepresentations to Megasealed Bathrooms or its Representative which causes or would cause costs in addition to the contract price to be incurred then such additional costs will be incurred at the expense of the Customer and Megasealed Bathrooms may in its absolute discretion refuse to carry out such work.

SITE WORK
9. Tiling heights will be specified in the quote.
10.The Customer will be responsible for the purchase of any tiles required.
11. The contract price does not include the cost of rectifying existing drainage. The cost of such
rectification will be paid for by the Customer and is not included in the contract price but will be a variation in accordance with clause 6.
12. Megasealed Bathrooms will not carry out any painting or decorating whatsoever.
13. Megasealed Bathrooms will regrout or resurface or use a sealer where required in the application.

AUTHORITY
14. It is agreed that "the Customer" accepts these Terms and Conditions.
15. In the case of "the Customer" acting on behalf of a third party, it is essential that the Customer have the written authority of the third party to accept our Terms and Conditions. Should this not be the case it is the Customer's duty to inform Megasealed Bathrooms and Megasealed Bathrooms will make a decision in its absolute discretion as to whether to carry out the work.

CUSTOMER'S ACKNOWLEDGEMENT AND UNDERTAKING
16. The Customer acknowledges and accepts that Megasealed Bathrooms is not responsible for any faults and or deterioration that is existing on the Customer's premises but not visible at time of quoting.
17. The Customer undertakes to provide Megasealed Bathrooms with any pertinent information and reasonable knowledge of all matters directly or indirectly affecting the Site Work service.
18. The customer undertakes to advise Megasealed Bathrooms immediately of any further leakage after the service date.

ADDITIONAL WORK ON SITE
19. If any additional work is required and the Customer requires Megasealed Bathrooms to carry out such work or to arrange for such work to be carried out such expense will be in addition to the contract price and a variation in accordance with Clause 6.

GST
20. Unless stated otherwise in the order, GST will be included in all prices.

ACCEPTANCE OF WORK
21. This offer may be accepted by the Customer at any time within 30 days of the date hereof and Megasealed Bathrooms will not be bound in any way by this offer until such time as Megasealed Bathrooms accepts this offer.

ENDING THE CONTRACT
22. Should the Customer wish to terminate any agreement arising upon the acceptance of this offer notice must be given in writing to Megasealed Bathrooms.
23. In the event that the Customer terminates any such agreement arising upon the acceptance of this offer by Megasealed Bathrooms then the Customer will be liable for all costs and expenses incurred by Megasealed Bathrooms up to the date of receipt of notice of termination by the Customer.
24.The Customer hereby authorises Megasealed Bathrooms to deduct all expenses incurred from any funds held by Megasealed Bathrooms in relation to the work up to the date of termination.

PAYMENT TERMS
25. Settlement on completion of service - cheque or *credit card on completion. *Credit cards as authorised by Megasealed Bathrooms' Bank.
26. The Customer hereby authorises Megasealed Bathrooms to deduct all expenses incurred from any funds held by Megasealed Bathrooms in relation to work done up to the date of completion.

HEALTH AND SAFETY
27. Megasealed Bathrooms reserves the right to refuse to carry out work where the health and safety of its representatives are exposed and will request that the matter be rectified before the job can be undertaken at no cost to Megasealed Bathrooms.

WARRANTY FOR MEGASEALED PRODUCT
28. The warranty conditions set out below are void unless all monies due and payable to Megasealed Bathrooms have been paid by the Customer to Megasealed Bathrooms and all cheques paid have been honoured on presentation within 7(seven) days upon completion of work.
28.1 The following warranties apply in respect of product used by Megasealed Bathrooms:
28.1.1 "Megasealed" product (excluding installation in relation to external services) for a period of 15 years from the date of completion of the shower service;
28.1.2 "Megasealed" product involving its installation in relation to external services provided including but not limited to balconies, the warranty is limited to the period specified in the quote or 1 year
28.1.3 Megaflex product carries a 5 year warranty in accordance with clause 28.1.1;
28.1.4 Megagrip product carries a 5 year warranty in accordance with clause 28.1.1;
28.1.5 Megagrout Epoxy Colourant product carries a 5 year warranty in accordance with clause 28.1.6 Factory Treatment for natural stone carries a 15 year warranty in accordance with clause ;
28.1.7 The Megakit does not carry any warranty whatsoever.
28.1.8 Any other product used, such warranty period for such products as defined at the time of application.
28.2 The warranties referred to in clause 28.1 are subject to the limitation of liability as follows:
28.2.1 Any other services provided by Megasealed Bathrooms including but not limited to any loose tiles, grouting, plumbing, shower screen problems, structural damage and/or any damage that may occur after treatment or service will not be the responsibility of Megasealed Bathrooms and are not covered by any warranty.
28.2.2 Any problems or faults that are caused by factors other than Megasealed product or Megaflex are not covered by the warranty and a charge of $88 inclusive of gst will be incurred if a customer or anyone on behalf of the Customer calls out a Megasealed Bathrooms' representative in respect of such problems or faults.
28.2.3 The Natural Stone warranty excludes:
• Periodic cleaning and sealing to retain the stones beauty and integrity;
• Paying for the costs related to the resurfacing or sealing to maintain, preserve or revitalise the surface;
• Abuse by weight, force, chemicals, or neglect;
• Yellowing and discolouring of the natural stone that may vary depending on the exposure to sunlight, wearing patterns, stone characteristics, or stone carying the porite mineral;
• Damage to the natural stone cause by stone movement or cracking;
• Damage by acid based liquids such as cosmetics, soft drinks, salad dressing, wine, Soya, juices and the use of products that contain lemon, vinegar or other acids on natural stone;
• Damage by scouring pads, powder or creams.

28.2.4 As quotations are based on visual inspection only, Megasealed Bathrooms will not be responsible and the warranty will not cover any damage or defect that has occurred or may occur after the service.
28.2.5 The warranty will be void if there has been any tampering with the Megasealed product by the Customer or anyone else other than a Megasealed Bathrooms' representative.
28.2.6 Because Megasealed balcony repair may not be effective if there is excessive movement in the structure, if a balcony repair is completed and it is determined by Megasealed Bathrooms that the repair has not reduced or stopped the leak due to excessive structural movement than Megasealed Bathrooms will not be responsible or liable for any further repair and the warranty will be void.
28.2.7 Loss or damage to property caused by or contributed by structural movement or as a result of normal settling, seepage, shrinkage or expansion in building foundations or walls or by acts of God or structural improvements will not be covered by warranty.
28.2.8 There is no warranty in respect of any area that has been affected in any way by termites, wet or dry rot or water damage and Megasealed Bathrooms is not obliged to make good any such areas.
28.2.9 No warranty applies and Megasealed Bathrooms does not take any responsibility for any plumbing problems that may arise which were not noted at the time of inspection.
29. To the extent permitted by law Megasealed Bathrooms' liability including but not limited to its liability in respect of any warranty, whether arising in contract, negligence, breach of any condition, warranty, obligation or liability imposed or implied by virtue of any applicable statute, statutory rule or regulation or the general law or otherwise, will be limited to the following at Megasealed Bathrooms' discretion:
29.1 Re-supply of the Product and/or trade work;
29.2 Supply of equivalent product to the Product and/or trade work for which the Customer may incur a charge.
29.3 The refund of the cost of the trade work less 30% of all associated costs inclusive of taxes paid thereon.
30. The Customer warrants that the Customer will notify Megasealed Bathrooms immediately the Customer becomes aware of any matter or circumstance that may give rise to a claim on the warranty or otherwise.

FLOOR AND WALL
31.1 Although all care is taken while removing grout on floor and wall joints, at times this process may cause tiles to chip or break. Megasealed Bathrooms takes no responsibility for any damage.
31.2 Megasealed Bathrooms can not be held responsible for any pre-existing damage to wall and floor studs that were not detected at time of visual inspection.

MEGAGRIP
32. Prior to application of our Megagrip product, the surface area needs to be prepared with ceramic tile etchant. In some cases this process will change the appearance of the tiles.

SEVERANCE
33. In the event that any provision of this Agreement is or becomes void or unenforceable by reason of any provision or applicable law, it will be deleted and the remaining provisions of this Agreement will continue in full force and effect and if necessary, be amended as necessary to give effect of the spirit of this Agreement so far as possible.

OTHER
34. At its sole discretion Megasealed Bathrooms may elect to apply/install third party products utilising an alternate method to that specified by the manufacturer.