Background

Terms of Service

Professional painting services terms and conditions

Last updated: January 15, 2025

Introduction

These Terms of Service ("Terms") govern your engagement with Balwyn Painters ("we," "our," or "us") for painting and building maintenance services. By engaging our services, you agree to be bound by these Terms.

Balwyn Painters has been proudly serving Melbourne and surrounding areas since 1994, providing professional painting and building maintenance services for residential, commercial, and body corporate properties.

Our Services

Scope of Services

We provide the following professional painting and building maintenance services:

• Interior house painting for residential and commercial properties

• Exterior house painting with weather-resistant coatings

• Building maintenance and minor repairs

• Body corporate site painting for multi-unit complexes

• Painting services for schools and retirement homes

• Color consultation and paint selection advice

• Surface preparation and repair work

• Premium paint application using Dulux, Haymes, and Taubmans products

Service Standards

All our work is performed in accordance with:

• Australian Standards AS/NZS 2311 - Guide to the painting of buildings

• Master Painters Association professional standards

• OH&S (Occupational Health and Safety) requirements

• Paint manufacturers' specifications and recommendations

• Building Code of Australia requirements where applicable

Qualifications and Licensing

Our team holds:

• Licensed membership with the Master Painters Association

• Certificate 3 in Painting and Decorating

• OH&S Foundations of Safety certification

• Elevating Work Platform Association of Australia licensing

• Current public liability insurance

• Workers compensation insurance

Quotes and Contracts

Free Quotations

We provide free, no-obligation quotations for all painting projects. Our quotes include:

• Detailed scope of work

• Materials specification (paint brands and products)

• Labor costs

• Project timeline

• Any additional services (repairs, preparation work)

• Total project cost with no hidden fees

Quote Validity

All quotes are valid for 30 days from the date of issue. After this period, prices may be subject to change based on material costs and availability. We will notify you if any adjustments are necessary.

Contract Acceptance

A contract is formed when:

• You accept our written quotation in writing (email or signed document)

• You pay the agreed deposit (typically 30% of the total project cost)

• We confirm the project start date in writing

Once accepted, the quote becomes a binding contract between you and Balwyn Painters.

Changes to Scope

Any changes to the agreed scope of work must be:

• Requested in writing

• Assessed by our team for additional costs and timeline impact

• Confirmed in writing with updated pricing before work commences

• Approved by both parties before proceeding

Additional work discovered during the project will be discussed with you before proceeding, and may incur additional costs.

Payment Terms

Payment Structure

Standard payment terms for our projects are:

• 30% deposit upon contract signing to secure materials and schedule

• 40% progress payment upon completion of preparation and first coat

• 30% final payment upon project completion and your satisfaction

For smaller projects (under $2,000), full payment may be required upon completion.

Payment Methods

We accept payment via:

• Bank transfer (BSB and account details provided on invoice)

• Credit card (processing fees may apply)

• Cash or cheque for smaller projects

All prices quoted are in Australian dollars (AUD) and include GST.

Late Payment

Payment is due within 7 days of invoice date unless otherwise agreed. Late payments may incur:

• Interest charges of 1.5% per month on overdue amounts

• Suspension of work until payment is received

• Referral to debt collection agency for amounts overdue by more than 30 days

Please contact us immediately if you experience any payment difficulties so we can discuss alternative arrangements.

Conduct of Work

Site Access

You agree to provide:

• Clear and safe access to all work areas

• Power supply and water access where required

• Secure storage area for our equipment and materials

• Advance notice of any access restrictions or special requirements

For body corporate or commercial properties, appropriate access permissions must be arranged prior to our arrival.

Site Preparation

We will:

• Protect your furniture, floors, and fixtures with drop sheets

• Remove paint cans, equipment, and debris daily

• Minimize disruption to your daily activities

• Conduct daily cleanup of work areas

You should:

• Remove or protect valuable items from work areas

• Secure pets in safe areas away from work zones

• Inform us of any fragile or special items requiring extra care

Weather and Delays

Exterior painting work is subject to weather conditions. We may need to:

• Postpone work due to rain, extreme heat, or high winds

• Adjust the project timeline to ensure quality results

• Wait for surfaces to dry properly before applying paint

We will communicate any weather-related delays promptly and reschedule work as soon as conditions permit.

Safety and Compliance

We maintain strict safety standards:

• All staff wear appropriate PPE (personal protective equipment)

• Work areas are clearly marked and secured

• Safety protocols are followed for elevated work and scaffolding

• Hazardous materials are handled and disposed of according to regulations

• Site is left in a safe condition at the end of each workday

Warranties and Guarantees

Workmanship Warranty

We provide a comprehensive warranty on our workmanship:

• 2 years on interior paintwork

• 5 years on exterior paintwork (subject to proper maintenance)

• Coverage for defects in application and finish

• Free rectification of any workmanship defects within warranty period

This warranty covers issues arising from our work, including peeling, blistering, or defective application when proper maintenance has been performed.

Paint Manufacturer Warranties

Premium paints we use come with manufacturer warranties:

• Dulux products: Up to 15-year warranty on selected products

• Haymes paints: Various warranty periods depending on product

• Taubmans products: Warranty coverage as per manufacturer specifications

We adhere strictly to manufacturer application specifications to ensure these warranties remain valid. You will receive warranty documentation upon project completion.

Warranty Exclusions

Our warranty does not cover:

• Damage caused by building movement or structural issues

• Failure to maintain painted surfaces as recommended

• Damage from impacts, scratches, or intentional acts

• Normal wear and tear in high-traffic areas

• Damage from water leaks, moisture, or environmental factors beyond our control

• Surfaces not properly prepared due to concealed issues

• Work performed by others after our completion

Warranty Claims

To make a warranty claim:

• Contact us in writing describing the issue

• Provide photos of the affected areas

• Allow us to inspect the work within 14 days of your claim

• Permit us to rectify any valid warranty issues

We will respond to all warranty claims within 7 business days and schedule rectification work at a mutually convenient time.

Limitation of Liability

Our Liability

Subject to consumer law rights that cannot be excluded:

• Our liability is limited to the cost of the services provided

• We maintain public liability insurance of $20 million

• We maintain workers compensation insurance as required by law

• We are not liable for pre-existing defects not disclosed to us

• We are not liable for damage caused by circumstances beyond our reasonable control

Your Responsibilities

You are responsible for:

• Disclosing any known defects or issues with surfaces to be painted

• Ensuring we have safe access to all work areas

• Maintaining proper insurance on your property

• Protecting your belongings and valuables during our work

• Following any maintenance instructions we provide

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

If we supply services to you as a consumer within the meaning of the Australian Consumer Law, our services come with guarantees that cannot be excluded under the Australian Consumer Law.

Cancellation and Termination

Cancellation by You

You may cancel the contract:

• Before work commences: Full refund minus 10% administration fee

• After work has commenced: Charges apply for work completed plus materials purchased

• With less than 48 hours notice: Deposit may be forfeited

Cancellations must be made in writing (email accepted) to be valid.

Cancellation by Us

We may cancel or suspend the contract if:

• Payment is not received as agreed

• You fail to provide required site access

• Unsafe working conditions exist that you refuse to remedy

• You breach these Terms in a material way

In such cases, you remain liable for work completed and materials purchased up to the cancellation date.

Disputes and Governing Law

Dispute Resolution

If a dispute arises:

1. Contact us in writing detailing your concerns

2. We will respond within 7 business days with our proposed resolution

3. If unresolved, we will engage in good-faith negotiation

4. If still unresolved, either party may engage mediation through an agreed mediator

We are committed to resolving all disputes fairly and professionally.

Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

All work is conducted in accordance with relevant Australian Standards, Victorian building regulations, and consumer protection laws.

General Terms

Communications

All formal communications should be directed to:

• Email: bmpvictoria@gmail.com

• Phone: 1300-305-322

• Mail: 2/48 Elliott Ave, Balwyn VIC 3103, Australia

Amendments

We may update these Terms from time to time. Updated Terms will be posted on our website with a new "Last Updated" date. Existing contracts are governed by the Terms in effect at the time of contract acceptance.

Entire Agreement

These Terms, together with our written quotation and any written variations, constitute the entire agreement between you and Balwyn Painters regarding the services to be provided.

Contact Us

If you have any questions about these Terms of Service, please contact us at:

Address:2/48 Elliott Ave
Balwyn VIC 3103, Australia

We will respond to your inquiry within 2 business days.

Important Notice

These Terms of Service are subject to Australian Consumer Law. Nothing in these terms excludes, restricts, or modifies your rights under consumer protection legislation.