These terms of service apply to all Buildfix services. Please read this document as it will explain everything you need to know about the terms of our service and the conditions on which we will deal with each other.

 

 

1. Our Promise To You 

We understand that having structural issues in your home can be overwhelming and frustrating. Here at Buildfix we aim to remove the hassle for our customers by consolidating the expertise of our engineers, builders, technicians, and customer service staff to provide the most seamless experience for our customers. We promise to treat you, your home and your family with respect and courtesy throughout the process from start to finish.

 

2. Payment Terms

We value goodwill and trust between our customers and us. It is, for this reason, we do not require any deposit upfront. You will receive an invoice only after the job is complete and the job is signed off.

Payment of an invoice for the repairs must be made within 7 days after the invoice issue date. If payment is not made within 7 days, an interest rate of 8% per annum is payable upon settlement of the Invoice.

If you have multiple jobs booked with us, these will be invoiced separately and paid separately as per the amount stated within each Invoice.

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3. Cooling-off & Job Cancellations

Buildfix allows a cooling-off period of five business days after you have signed the contract.

Unless you have a written agreement from us, cancelling your contract after this cooling-off period will result in a charge of 10% of the Quote.

If the repairs are unable to proceed on the scheduled day due to the customer's failure to comply with 'Customer Responsibilities' in clause 4, the Customer is liable to pay 50% of quoted price in addition to the quoted value upon completion.

 

4. Customer Responsibilities

Our technicians work safely and efficiently to ensure jobs are completed on time and on budget. To ensure the repairs goes ahead as planned, there are some customer responsibilities, please see below:

4.1 General Customer Responsibilities:

4.1.1. The Customer must allow free access to all repair areas, internally and externally on-site (the affected areas and unaffected areas).

4.1.2. Occupants are required to remove all valuables and furniture including, but not limited to: beds, sofas and wall units & electrical goods from the affected areas before the repairs behind. Larger objects such as beds can remain in rooms but should be placed in the centre of the room.

4.1.3. For safety reasons, the Customer must ensure the building is unlocked and occupied during the repairs and up to two hours after completion.

4.1.4. The Customer is to ensure three separate working electrical power sockets are always available to Buildfix during the repairs.

4.1.5. After completion of the repairs, the Customer or their authorised representative is responsible for signing a 'Job Completion Form' if they agree the repairs have been carried out as per the Agreement.

4.1.5.1. By signing the 'Job Completion Form', the Customer agrees the repairs have reached practical completion and that they are satisfied repair have been completed as per the Quote and removes Buildfix from any dispute regarding the condition of their property.

4.1.5.2. If the Customer (or an authorised representative) is unavailable to sign the 'Job Completion Form', the Customer agrees the repairs are complete and authorises a Buildfix representative to sign the 'Job Completion Form' on their behalf as per clause 4.1.5.1.

4.2 Additional responsibilities for customers undertaking subsidence repair, sunken concrete repair, or sinking floor piers:

4.2.1. The Customer must ensure that sub-floor spaces under timber floors (where applicable) are accessible during and after the repairs.

4.2.2. If advised by the Buildfix assessor, the Customer is responsible for creating access holes (400mm x 600mm wide minimum) that can service the whole sub-floor space. When the sub-floor is less than 500mm in depth, access holes must be in each room if multiple areas require repairs.

4.2.3. If the Customer does not create access holes to the sub-floor area after being advised by the Buildfix assessor, Buildfix takes no responsibility for any issues delays that may arise or damage caused to the building or delays as a result of this failure.

4.2.4. The Customer must ensure external access to the Site is free from obstruction and must make allowances for a vehicle of size up to 10 tonnes with dimensions 8m long, 2.5m wide and 3m high.

 

5. Quotes, Details and Additional Work

5.1. Buildfix quotes are fixed price for 30 days of the quote issue date.

5.2. Buildfix will complete the repairs as per the Detail; however, the Detail is subject to minor changes depending on site conditions.

5.3. No discount to the Quote will be applied for changes to the Detail on the day of the repairs.

5.4. Locations illustrated on the Detail will be covered by the Warranty (e.g. GeoPoly injection points represent the area treated - quotes are not based on individual injection points).

5.5. If additional work is requested by the Customer, a separate assessment, Detail and Quote will be prepared.

5.5.1. If additional repairs are requested by the Customer on the day of the repair and can be performed by Buildfix within the allotted time, these repairs will be performed as a goodwill gesture free of charge.

5.5.2. Additional work performed as a goodwill gesture and not charged to the Customer will not be covered by the Warranty, and Buildfix will not be liable to the Customer for this work and any damages that may occur.

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6. Surfaces and Finishes

Buildfix will endeavour to complete all jobs to the highest of standards. 

6.1. For customers undertaking subsidence repair, sunken concrete repair or sinking floor pier repair:

6.1.1. All Buildfix systems will be embedded within the foundation and will not be visible from the surface.

6.1.2. Buildfix will endeavour to level the Structure; however, the outcome of the lift and levelling of the Structure will depend on the amount of GeoPoly injected, which in turn is determined by the volume of voids within the foundation soils or below footings.

6.1.3. All voids will be injected until the Structure is lifted to the required level, or the voids are maxed out, and further injection is not possible.

6.1.4. Existing cracks and gaps in the Structure may or may not close.

6.1.5. All surfaces will be re-pointed with mortar similar to the existing colour and texture to hide any access holes.

6.1.6. All ports and lances will be either removed or cut from the Structure after repairs.

6.1.7. Buildfix accepts no responsibility for surface staining caused by GeoPoly back-flow. Back-flow is rare, and its effects are minimal; however, it can sometimes occur due to variable foundation situations. Buildfix technician will attempt to clean it off immediately (if practicable); however, it is impossible to see the outcome of the staining until several hours later, after drying.

6.2. For customers undertaking wall crack repair or leaning wall repair:

6.2.1. All Buildfix Systems will be embedded within the walls and will not be visible from the surface.

6.2.2. Brick and stone walls will be pointed with mortar similar to the existing colour and texture to hide the repair and fill cracks. Brick cracks and mortar joints will be pointed with our colour and texture matching system; however, it is inevitable that there will be mortar colour and texture variations from the original. This will depend on the age and location of the wall/s. Buildfix cannot guarantee an exact match.

6.2.3. Control/expansion joints will be filled with a silicon filler. Silicon will be set recessed from the surface. The colour will be chosen by Buildfix technicians to match the existing mortar. Buildfix cannot guarantee an exact match.

6.2.4. Repairs do not include render or plaster or paint repairs unless specified in the Quote.

6.2.5. Buildfix will take all measures to minimise dust during the installation of repair systems, such as sheeting-up, utilising vacuum attachments where possible and cleaning-up. However, dust creation is sometimes unavoidable and cannot always be fully contained.

6.2.6. Wall repaired with our FlexiCoat finish will require 28 days to fully cure before applying paint.

6.3. For customers undertaking rising damp repairs, salt block rendering and damp point mortar pointing:

6.3.1. After DampBlock injection, the 12mm drill holes are filled to match similar to existing. Colour and texture can vary, and Buildfix cannot guarantee an exact match.

6.3.2. Rendered or plaster walls that are repaired with our SaltBlock system will be blended to the original surface. The final texture and colour will differ from the original. Recently rendered surfaces can be painted after curing for 28 days.

6.3.3. Brick and stone walls repaired with our DampPoint system will be pointed with mortar similar to the existing colour and texture. Mortar joints will be pointed with our colour and texture matching system; however, it is inevitable that there will be mortar colour and texture variations from the original. This will depend on the age and location of the wall/s. Buildfix cannot guarantee an exact match.

 

7. Service Exclusions

Due to the nature of structural repairs, damage may occur and affect structures, surfaces, fixtures, and decorations during the installations of repair systems.

7.1. For customers undertaking subsidence repair, sunken concrete repair or sinking floor pier repair:

7.1.1. Buildfix accepts no responsibility for doors and windows jamming or not closing.

7.1.2. Buildfix accepts no responsibility for cracks and gaps appearing in walls, floors, roofs, and ceilings.

7.1.3. Buildfix accepts no responsibility for damage caused to doors, windows, walls, floors and fixtures during the installation of repair systems (including drill hole damage to termite and damp barriers) or any other systems installed in or around the Site.

7.1.4. Buildfix accepts no responsibility for the final floor height or structural level.

7.1.5. Buildfix accepts no responsibility for damage to gardens and landscaping features; this includes but is not limited to plants, trees, shrubs, features, driveways, paths, terraces, floor coverings, fencing, landscape drainage and watering systems.

7.1.6. Buildfix accepts no responsibility for settlement cracking less than 5mm after the repairs.

7.2. For customers undertaking wall crack repair or leaning wall repair:

7.2.1. Buildfix accepts no responsibility for superficial damages caused to walls, ceilings, floors and floor coverings during the installation of repair systems.

7.2.2. Buildfix accepts no responsibility for existing render or loose plaster that falls off during Repairs.

7.2.3. Buildfix accepts no responsibility for damage to gardens and landscaping features; this includes, but is not limited to: plants, trees, shrubs, features, driveways, paths, terraces, floor coverings, fencing, landscape drainage and watering systems

7.3. For customers undertaking rising damp repairs, salt block rendering and damp point mortar pointing:

7.3.1. If repairs are internal, skirting boards may be removed where possible to access the lowest brick course and inject. Due to the drying time, it is the responsibility of the Customer to re-instate the skirting boards 7 days after repairs.

7.4. The Detail for the Repairs is not a full engineering solution to any issues experienced by the Customer at the Site. Buildfix undertakes only to fix observable issues identified by the Customer.

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8. Latent Conditions

During the performance of the Repairs and thereafter, Buildfix shall not be liable for any expense, loss or cost incurred by the Customer, or any other persons, due to existing unseen physical structure conditions.

8.1 This includes but is not limited to:

8.1.1. Defective workmanship by another contractor or person/s.

8.1.2. Below ground conditions (e.g. water, soil density, rocks, voids, underground structures).

8.1.3. Underground Utilities (e.g. mains water, gas, power, drainage).

8.1.4. Concealed building services, such as electrical cable, TV cables, phone/internet cables, air-conditioning cables/ducts/pipes, or other features hidden behind walls, floors, roofs, and ceilings

8.1.5. Any other physical features of the Site that could not reasonably be anticipated by Buildfix.

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9. Damage to Utilities

Due to the nature of the repairs, damage may occur and affect utilities.

9.1. When injecting, drilling or cutting any materials, Buildfix will endeavour to identify the location of all Utilities to the Site, including water and drainage pipes, electrical and telephone cables and gas pipes.

9.2. Buildfix will exercise due care in performing any drilling or cutting, but the Customer will be liable for any damage caused by penetration to any such services unless caused by the Negligence of Buildfix.

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10. Plumbing

10.1. For customers undertaking subsidence repair, sunken concrete repair or sinking floor pier repair:

10.1.1. A pipe or drainage location may be required near the injection area to determine their locations. If a plumbing location is organised by Buildfix, no additional cost will be added to the Quote.

10.1.2. Buildfix take no responsibility for pre-existing problems with plumbing, the location of the plumbing, or any subsequent issues that may arise with plumbing during the repairs. Subsequent issues may include:

10.1.2.1. Disconnected or cracked pipes being blocked with GeoPoly resin.

10.1.2.2. Pipes being broken or crushed by GeoPoly resin near the underpinning location.

10.2. If Buildfix discovers plumbing issues before Buildfix performs the Repairs, the Customer is responsible for organising the plumbing issues after Buildfix completes repairs, unless recommended otherwise by Buildfix.

10.3. If the Customer cancels or postpones (more than 30 days) the Repairs after Buildfix has engaged a plumber to attend Site, an $880 charge will be payable by the Customer to Buildfix in addition to the Job Cancellation Fee.

10.4. Any plumbing reports acquired by Buildfix are intended for internal company use only. The Customer can request a copy of the plumbing report; however, Buildfix takes no responsibility for plumbing advice or information contained within the plumbing report.

10.5. If any plumbing issues arise during or shortly after the repairs, Buildfix will organise for a plumber to investigate the cause. Should the cause present itself as a pre-existing problem and not directly a result of negligence on Buildfix's behalf, the Customer agrees to reimburse Buildfix for all costs incurred, including plumber cost and 15% management fee of the total cost.

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11. Warranties

11.1. For 10 years from the Practical Completion Date, Buildfix provides a warranty to the Customer to carry out further repairs at the Site on a one-off basis to a value equal to or less than the original quote value subject to the following conditions:

11.1.1. The Customer must notify Buildfix in writing as soon as reasonably practicable of any apparent failure of a repair system.

11.1.2. The Customer must have kept the Site and the building well repaired and maintained.

11.1.3. The Customer must produce a copy of the Warranty, Quote, and Invoice.

11.2. The repairs to be carried out by Buildfix at clause 11.1 include the cost of replacement of any product used during the initial repairs which fails to perform the function for which it was manufactured.

11.3. Buildfix fulfils the Warranty only subject to full payment of its account by the Customer.

11.4. Buildfix will not be liable to the Customer or provide a Warranty where there has been a failure due to:

11.4.1. Modifications and installation of the materials or systems by any other company or individual other than Buildfix.

11.4.2. Subsequent alterations, repairs or works (including excavating and/or removing the product) to the Structure by any other company or individual other than Buildfix.

11.4.3. Refusal by the Customer to carry out additional repairs as advised by Buildfix, or refusal to act on advice from Buildfix generally.

11.4.4. Further natural deterioration of the base materials of the building (including stone, brick, masonry, mortar, or renders).

11.4.5. Any Building failure beyond Buildfix's control and not attributable to the performance of materials installed by Buildfix, except burst pipes and drains, reactive clay subsidence, soil washout, vibrations from nearby construction, subsidence caused by vegetation growth, and additional load from a single story extension.

11.4.6. Poorly maintained drainage.

11.4.7. Our warranties are void if our products and materials are damaged or removed from the Structure after repairs.

11.4.8. Our warranties cover the repair locations of the foundation or Structure highlighted in our repair detail provided with the Quote and one metre beyond.

11.5. For subsidence repair, sunken concrete and sinking floor pier repairs, Buildfix does not provide a Warranty in the following circumstances:

11.5.1. Where there is minor subsidence up to 5mm, or heave, caused by expected settlement under the area treated.

11.5.2. To make good any damage to the immediate area surrounding where repair systems have been installed.

11.5.3. To areas one metre beyond where materials were injected or installed.

11.6. For wall crack repairs, leaning wall repairs, arch and lintel repairs, rising damp repairs, and associated repairs, Buildfix does not provide a Warranty in the following circumstances:

11.6.1. Where there is a reappearance of repaired wall cracks less than 2mm (hairline) caused by minor and expected settlement.

11.6.2. To make good any damage to the immediate area surrounding where repair systems have been installed.

11.6.3. To areas one metre beyond where materials were injected or installed.

11.6.4. Where there is dampness in the repaired wall over one metre caused by lateral damp and not rising damp.

11.6.5. To areas with a normal damp reading of 15% or less.

11.7. The Warranty covers the Customer only.

11.8. The Warranty can be transferred to a subsequent owner of the building if the Customer:

11.8.1. Notifies Buildfix in writing within 90 days of the transfer of ownership.

11.8.2. Give the new owners the original Quote, Repair Detail, and a copy of the Invoice to ensure they fully understand the work carried out by Buildfix.

11.8.3. Makes payment of a $300 admin and transfer fee to Buildfix within the timeframe at clause 11.8.1.

11.9. Buildfix will deal with any claim under the Warranty promptly and fairly and in accordance with its obligations at law.

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12. Home Warranty Insurance

As required by state legislation, Buildfix will pay the insurance premium if any works require home warranty insurance. The full cost of the premium is included as part of the total amount quoted by Buildfix.

12.1. Compulsory Home Warranty Insurance.

12.2. Buildfix will obtain home warranty insurance for the Repairs if required to do so by law.

12.3. The full premium cost of the insurance is included in the Quote.

12.4. All documentation relevant to the insurance will be sent to the Customer prior to the Repairs commencing.

 

13. Quality of Construction

13.1. Repairs will comply with:

13.1.1. the Building Code of Australia to the extent required under the Environmental Planning and Assessment Act 1979 (including any regulation or other instrument made under that Act); and

13.1.2. all other relevant codes, standards and specifications that the Repairs are required to comply with under any law; and

13.1.3. the conditions of any relevant development consent or complying development certificate.

13.2. Buildfix's liability for a failure to comply with clause 13.1 is limited where that failure relates solely to:

13.2.1. a design or specification prepared by or on behalf of the Customer (but not by or on behalf of Buildfix); or

13.2.2. a design or specification prepared required by the Customer if Buildfix has advised the Customer in writing that the design or specification contravene the compliance requirements identified at clause 13.1.

13.3. Buildfix will provide to the Customer a copy of the most recent Consumer Building Guide, or any other guide required by law.

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14. Disputes

14.1. In the unlikely event that a dispute arises in connection with the repairs, the Customer shall notify Buildfix in writing addressing their concerns within 14 days from completion.

14.2. If the Parties in good faith cannot resolve the dispute, the dispute shall be referred to the relevant government consumer body, such as, but not limited to, the Queensland Building and Construction Commission or NSW Fair Trading.

14.3. The Customer must comply with the Payment Terms during the dispute process.

14.4. If the Customer does not comply with the Payment Terms within 7 days, Buildfix will engage a legal professional to recover the outstanding amount due and to represent Buildfix during legal proceedings. The Customer agrees to pay all costs, legal fees or losses associated on behalf of Buildfix in any such legal proceedings.

 

15. Confidentiality

15.1. Subject to clause 15.2:

15.1.1. all documents and information concerning the Agreement, including the existence of the Agreement, are confidential and may not be disclosed by a Party without the prior written consent of the other Parties.

15.1.2. The Customer shall not make false, fake, or disparaging comments in any public form or internet review platform about Buildfix and the service provided by Buildfix.

15.2. Nothing in clause 15.1 precludes a part from using or disclosing documents and information concerning the Agreement, including the existence of the Agreement:

15.2.1. for the purpose of entering into and performing its obligations pursuant to the Agreement;

15.2.2. to the extent required by law;

15.2.3. to the extent required to instruct the Party's professional advisers in relation to the preparation and completion of the Agreement and/or the exercise or enforcement of rights in connection with the Agreement; or

15.2.4. where the documents or information are in the public domain, other than because a person has contravened a confidentiality obligation under this clause 15.

 

16. Force Majeure

16.1. Buildfix shall not be responsible for failure to meet any of its obligations if the failure results directly or indirectly from a cause beyond its control.

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17. Site Safety

17.1. During the installation of repair systems, the Customer, should remain a safe distance of at least 5 metres away from Buildfix equipment, cables, tools and working technicians.

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18. Intellectual Property

18.1. All Intellectual Property Rights shall remain vested in Buildfix.

18.2. The Customer may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Buildfix content in any way except for their own personal, non-commercial use. Buildfix reserves the right to all documents provided to the Customer or representatives of the Customer.

18.3. All Intellectual Property Rights arising out of or in connection with the performance of the repairs, including any reports, will be owned by Buildfix and will vest in Buildfix immediately on creation. To the extent that the Customer may at any time acquire any such Intellectual Property Rights, the Customer, by these Terms of Service, assigns to Buildfix all such Intellectual Property Rights.

18.4. Nothing in the Agreement gives the Customer any interest in any Intellectual Property Rights of Buildfix at any time arising out of or in connection with the performance of the Repairs.

18.5. The Customer must not contest the validity of any Intellectual Property Rights or take any action that might impair the value or goodwill associated with the marks or the image or reputation of Buildfix.

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19. Definitions

For the purpose of these Terms of Service:

19.1. Additional Repairs means repairs that have not been quoted for and are not included in the Detail provided with a Quote.

19.2. Agreement means all agreements and other arrangements between Buildfix and the Customer in respect of the provision of the Repairs by Buildfix to the Customer, including these Terms of Service, the Detail and the terms contained in, or referred to in, the Quote.

19.3. Allotted Time means the Estimated Repair Time identified in the Quote.

19.4. Buildfix means Buildfix Group Pty Ltd ABN 90 169 195 411 and its employees, contractors and subcontractors.

19.5. Buildfix Systems means, Buildfix propriety products GeoPoly, HelicalBar, DampBlock and any other trademarked product.

19.6. Building means the building/s on the Site

19.7. Cooling-Off Period means the cooling-off period described at Clause 3.

19.8. Practical Completion Date means the Date that the Repairs are completed, evidenced by a signed Job Completion Form as per clause 4.1.6.

19.9. Customer means the person whom Buildfix carries out the Repairs for.

19.10. Detail means a document setting out how the Repairs will be performed with plans and specifications.

19.11. Intellectual Property Right means a copyright, trademark, design right, patent or other intellectual property right (registered and unregistered) in and on 'buildfix.com.au' and all content (including all structural repair detail, written quotations, marketing material and brochures) located on 'buildfix.com.au' whether in digital or paper format.

19.12. Job Cancellation Fee means the fee at clause 3.

19.13. Job Completion Form means the form at clause 4.1.6. to be provided to the Customer of their authorised representative by a Buildfix employee at the completion of the repairs.

19.14. Negligence means when a Buildfix employee knowingly damages a utility that:

19.14.1. has been marked-out and located by a Buildfix employee or a Buildfix subcontractor; or

19.14.2. can be seen without obstruction.

19.15. Occupants means anyone residing at the Site at the time the Repairs are being performed.

19.16. Party/Parties means Buildfix or the Customer.

19.17. Payment Terms means, the conditions of payment to Buildfix specified in Clause 2.

19.18. Quote means a quotation from Buildfix that sets out a description of the Repairs, Buildfix's contractor licence number, the price for the Repairs, the Payment Terms and any other information or terms and conditions in relation to the performance of the Repairs.

19.19. Site means the location where the Repairs are to be performed as identified in the Quote.

19.20. Structure means the structure/s at the Site identified in the Quote to which Repairs will be performed.

19.21. Terms of Service means these Terms of Service.

19.22. Utilities means sewer pipes, main water pipes, gas pipes, electric conduit pipes and cables, telecom cables.

19.23. Repairs means the repairs to be performed by Buildfix under the Agreement as specified in the Quote and the Detail.

19.24. Warranty means the Warranty provided by Buildfix to the Customer at clause 11.