1. Agreement to these terms
By requesting a quote, accepting a quotation, engaging our services, or using this website, you agree to be bound by these Terms of Service. These terms apply to all brick tuckpointing, repointing, masonry restoration and related services provided by Kudos Tuckpointing & Restorations Pty Ltd (ABN 97 703 699 932), referred to in these terms as "we", "us" or "our".
2. Australian Consumer Law
Nothing in these terms limits, restricts, modifies or excludes your rights under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees that services will be rendered with due care and skill, be fit for purpose, and be supplied within a reasonable time.
If you are a consumer for the purposes of the Australian Consumer Law, you are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. Where a failure is not a major failure, you are entitled to have the failure remedied within a reasonable time.
3. Quotes and quotations
All quotations provided by us are valid for thirty (30) days from the date of issue unless otherwise stated in writing. Quotations are based on the condition of the brickwork and masonry as observed at the time of inspection. If concealed defects, structural issues, or conditions materially different from those observed are discovered during works, we will notify you and provide a written variation before any additional work proceeds.
Quotations are estimates of scope and price and are not fixed-price contracts unless expressly stated in writing. A quotation is not a booking confirmation until a signed acceptance or written confirmation is received from you.
4. Scope of works
The scope of works will be set out in the quotation or written agreement between us. Works will be performed in accordance with the quotation, relevant Australian Standards, and good building practice. Any change to the agreed scope must be agreed in writing (including by email) before commencement, and may affect the price and timeline.
5. Access and site conditions
You agree to provide safe, clear and reasonable access to the work areas, including access to power and water where reasonably required, and to remove or protect vehicles, furniture, plants and other items near the work area. We reserve the right to suspend works, and to charge reasonable costs incurred, if safe access is not available on the scheduled day.
6. Payment terms
Payment terms are set out in our quotation. Unless otherwise agreed in writing, an initial deposit may be required prior to commencement, with the balance payable on completion of the agreed works. Invoices are payable within the period stated on the invoice. If payment is not received by the due date, we may charge reasonable interest on the outstanding amount and suspend further works until the account is settled.
7. Variations
Any variation to the scope of works, materials, or finishes must be requested in writing and confirmed by us in writing (including by email) with any adjusted price before the variation is carried out. No variation is binding on us unless confirmed in writing.
8. Weather and delays
Tuckpointing and masonry restoration are weather-dependent. Works may be rescheduled or paused due to rain, extreme heat, high winds, or other conditions that may affect the quality or curing of mortar. We will notify you as soon as reasonably practicable of any rescheduling. Timeframes are indicative only and time is not of the essence unless expressly agreed in writing.
9. Materials and workmanship
We use mortar mixes, sands, pigments and other materials selected to match the existing brickwork and heritage character of the property where applicable. Colour matching is performed to the best practicable standard, but variations in colour, texture and finish may occur due to the age of the existing masonry, weathering, and natural material variation. Such variations are not defects.
10. Warranty and defect liability
Where required by law, our services are covered by statutory warranties applicable to the state or territory in which the works are performed. Subject to the Australian Consumer Law and any applicable statutory warranty period, we will remedy defects in workmanship reported within the statutory warranty period at no cost to you. This warranty does not cover damage caused by misuse, neglect, structural movement, unauthorised alteration, or events beyond our reasonable control.
11. Limitation of liability
To the extent permitted by law, our liability for any claim arising out of or in connection with our services is limited, at our option, to the resupply of the services or the cost of having the services supplied again. We are not liable for indirect, special, or consequential loss, including loss of profits or loss of use, except where such liability cannot be excluded under the Australian Consumer Law.
12. Cancellation
If you cancel a booking after materials have been ordered or after works have commenced, you may be liable for reasonable costs incurred, including materials, labour performed, and any non-refundable supplier charges. We will provide a written breakdown of any cancellation costs.
13. Intellectual property
All content on this website, including text, images, and design, is owned by or licensed to Kudos Tuckpointing & Restorations Pty Ltd. You may not reproduce, distribute, or use any content from this website without our prior written consent, except for personal, non-commercial reference.
14. Website use
The information on this website is provided in good faith for general guidance only. It does not constitute technical or building advice for your specific property. You should obtain a written quotation and inspection before relying on any general information published on this site. We do not guarantee that the website will be error-free or uninterrupted.
15. Privacy
Your personal information is handled in accordance with our Privacy Policy. We collect only the information reasonably necessary to provide quotations and services, and we do not sell your personal information.
16. Governing law
These terms are governed by the laws of Victoria, Australia. Any dispute arising out of these terms or our services shall be subject to the jurisdiction of the courts of Victoria and the applicable Commonwealth courts.
17. Contact
If you have any questions about these Terms of Service, please contact us at ceo@kudostuckpointing.site or by post at our registered business address in Eden Park VIC.