1. About These Terms

These Terms & Conditions ("Terms") govern all work performed by Prime Craft Contractors ("PCC", "we", "us", "our") and apply to all clients engaging our services. By requesting a quote, accepting a quote, or allowing work to commence, you ("Client", "you", "your") agree to be bound by these Terms.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law or any right or remedy you have under the Competition and Consumer Act 2010 that cannot lawfully be excluded.

2. Services & Scope of Work

2.1 Services Provided

PCC provides carpentry, property maintenance, fit-outs, repairs, renovations, and related services across residential, commercial, and strata properties in Northern Sydney and surrounding areas. Interstate work may be undertaken subject to agreement.

2.2 Licensing Limitations

For residential building work valued at $5,000 or less, PCC operates as an unlicensed contractor in accordance with the Home Building Act 1989 (NSW). For projects exceeding $5,000 requiring licensed work, PCC will engage appropriately licensed contractors to perform regulated work. PCC does not hold a contractor licence and does not supervise or coordinate licensed building work on behalf of clients.

2.3 Scope Agreement

All work is performed in accordance with the scope described in the written quote or agreed variation. The quote describes the work to be done, materials to be used, and the contract price. Clients must review quotes carefully before acceptance.

3. Quoting, Pricing & Deposits

3.1 Pricing Structure

Work may be priced as:

• Fixed price (total job cost agreed upfront)
• Hourly rate ($85/hour unless otherwise agreed)
• Daily rate (as agreed in writing)
• Materials at cost plus reasonable markup (typically 20-30%)

All quotes are valid for 30 days unless otherwise stated.

3.2 Deposits

A deposit of up to 10% of the contract price may be required before work commences, to cover initial materials and preparation costs. For projects exceeding $5,000, deposits will not exceed 10% as required by the Home Building Act 1989 (NSW).

Deposits are non-refundable once materials have been purchased or work has commenced, except in cases of contractor cancellation or mutual agreement to terminate.

3.3 Progress Payments

For larger projects, progress or milestone payments may be required as agreed in writing. Progress payments will not exceed the value of work completed and materials supplied at the time of each payment.

4. Variations & Changes

4.1 Scope Changes

Any changes to the agreed scope of work must be confirmed in writing and signed by both parties. Variations may affect the contract price and completion timeline.

4.2 Unforeseen Conditions

If unexpected conditions are discovered during work (including but not limited to asbestos, structural defects, concealed damage, or safety hazards), PCC will:

• Stop work immediately and notify the Client
• Provide a written assessment of the issue
• Quote additional work required (if any)
• Resume work only after Client approval of any additional costs

PCC is not liable for delays or costs arising from unforeseen site conditions.

5. Payment Terms

5.1 Invoice Due Date

Unless otherwise agreed in writing, all invoices are due within 7 days of the invoice date. Payment may be made by bank transfer, cash, or other agreed method.

5.2 Late Payment

Invoices not paid within 7 days of the due date will incur:

• A late payment administration fee of $35 per invoice
• Interest at 10% per annum (calculated daily) on the outstanding balance from the due date until paid in full

PCC reserves the right to suspend work on any ongoing project while invoices remain unpaid.

5.3 Debt Recovery

The Client is liable for all reasonable costs incurred by PCC in recovering overdue amounts, including internal administration costs, collection agency fees, and legal costs on a solicitor-client basis.

5.4 Disputes About Invoices

If you dispute an invoice, you must notify PCC in writing within 7 days of receiving it, stating the specific items in dispute. Undisputed portions of the invoice remain due and payable within the standard timeframe.

6. Cancellations, Rescheduling & No-Shows

6.1 Cancellation by Client

• More than 48 hours' notice: No cancellation fee. Free rescheduling or full refund of any deposit paid (less costs already incurred).
• 24-48 hours' notice: Reimbursement of costs already incurred (materials purchased, equipment hired, subcontractor deposits) plus up to 2 hours' labour at the quoted rate.
• Less than 24 hours' notice: Costs already incurred plus up to 4 hours' labour at the quoted rate, capped at the total contract value.
• No-show (no notice given): Up to one full day's quoted rate, capped at the total contract value.

6.2 Emergency Exceptions

Genuine emergencies (serious illness, family emergency, natural disaster, or other events beyond the Client's control) will be treated with flexibility. PCC will make reasonable efforts to reschedule at no cost where possible.

6.3 Cancellation by PCC

If PCC is unable to attend or complete work due to illness, injury, or other unforeseen circumstances, the Client will be notified as soon as possible. Work may be rescheduled to the next available time or cancelled with a full refund of any deposit already paid. PCC is not liable for losses or consequential damages caused by contractor unavailability.

7. Materials & Supply

7.1 Materials Supplied by PCC

Unless otherwise agreed, PCC will supply all materials required for the quoted work. Materials will be of good quality and fit for purpose.

7.2 Client-Supplied Materials

If the Client chooses to supply materials, the Client is responsible for:

• Ordering correct quantities, specifications, and quality
• Ensuring materials arrive on site on time
• Any costs arising from faulty, incorrect, unsuitable, or late-supplied materials

PCC is not liable for delays, defects, or additional costs caused by Client-supplied materials. Where delivery is handled by a third party (not PCC), delays may incur additional charges for lost time.

8. Worksite Access, Safety & Conduct

8.1 Safe Access

The Client must provide safe, clear, and unobstructed access to the worksite. This includes ensuring pathways, driveways, and work areas are accessible and free from hazards.

8.2 Site Safety

For safety reasons:

• Children, pets, and other people must be kept clear of the work area
• The Client must inform PCC of any known hazards (asbestos, structural issues, electrical hazards, trip hazards, etc.)
• PCC reserves the right to refuse or stop work if the site is deemed unsafe

8.3 Accidents & Injuries

PCC follows safe work practices at all times in accordance with NSW Work Health and Safety legislation. In the event of an accident or injury on site, PCC will provide appropriate first aid and contact emergency services if required. PCC is not liable for injuries to Clients, visitors, or third parties caused by unsafe conditions outside PCC's control or by failure to follow safety instructions.

8.4 Client Conduct

PCC reserves the right to refuse or stop work if the Client, or anyone present on site, engages in conduct that is:

• Abusive, threatening, or harassing toward PCC or its personnel
• Disruptive to work being performed
• Creating an unsafe work environment
• Preventing work from being carried out professionally

If work is stopped due to Client conduct, the Client remains liable for payment for all work completed to that point, plus any costs already incurred.

9. Insurance, Liability & Warranties

9.1 Insurance Coverage

PCC holds $10 million Public & Product Liability Insurance with QBE Insurance (Australia) Limited. Proof of insurance can be provided on request.

9.2 Australian Consumer Law Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:

• Cancel the service contract and receive a refund for the unused portion, or
• Receive compensation for the drop in value of the services

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

9.3 Statutory Warranties (NSW Home Building Act)

For residential building work exceeding $5,000, the following statutory warranties are implied by the Home Building Act 1989 (NSW) and cannot be excluded:

• Work will be performed with due care and skill
• All materials will be suitable for the purpose and of good quality
• Work will be done in accordance with plans and specifications
• Work will comply with all laws and legal requirements
• Work will be fit for the purpose specified or reasonably expected

These warranties apply for:

• 6 years for major defects (structural defects, defects making the building uninhabitable or unsafe)
• 2 years for all other defects

9.4 Rectification of Defects

If you identify defective work, you must notify PCC in writing within a reasonable time. PCC will return to assess and rectify defective work at no additional cost, provided:

• The defect is reported within the applicable warranty period
• The defect was caused by PCC's work (not by misuse, damage, normal wear and tear, or third-party actions)
• Access to the site is provided

9.5 Limitations of Liability

PCC is not liable for:

• Pre-existing issues, hidden structural faults, or defects not caused by PCC's work
• Damage caused by Client misuse, neglect, or unauthorized modifications after completion
• Consequential losses, lost profits, or economic loss (except to the extent required by Australian Consumer Law for consumer contracts)
• Delays or failure to complete work due to circumstances beyond PCC's control (force majeure events)

For commercial (non-consumer) contracts, PCC's liability is limited to the lesser of:

• The cost of re-supplying the services, or
• Payment of the cost of having the services supplied again

10. Subcontracting & Commercial Arrangements

10.1 Subcontract Work for Builders & Contractors

PCC provides subcontract carpentry, maintenance, and trade services to licensed builders, contractors, and commercial clients. Subcontract terms (rates, payment schedules, scope, liability, insurance requirements, and termination rights) are negotiated on a case-by-case basis and documented in a separate written agreement.

These general Terms apply to subcontract work only to the extent not inconsistent with the specific subcontract agreement. In the event of any conflict, the subcontract agreement prevails.

10.2 Engaging Subcontractors

PCC may engage appropriately qualified subcontractors to perform specialist work (including licensed trades such as electrical, plumbing, or structural work). PCC remains responsible for coordinating subcontracted work and ensuring it meets the agreed scope and quality standards.

11. Intellectual Property & Work Product

11.1 Custom Designs

If PCC creates custom designs, drawings, plans, or specifications as part of the quoted work, ownership of those materials remains with PCC unless otherwise agreed in writing. The Client receives a licence to use the designs for the purpose of the specific project only.

11.2 Use of Work Product

PCC retains the right to photograph completed work and use those images for portfolio, marketing, and promotional purposes, subject to the Client's privacy rights (see Section 14: Privacy Policy).

12. Termination

12.1 Termination by Client

The Client may terminate the contract at any time by providing written notice to PCC. Upon termination, the Client must pay:

• The value of all work completed to the date of termination
• The cost of all materials purchased or ordered for the project
• Any other reasonable costs incurred by PCC in reliance on the contract (including subcontractor costs, equipment hire, and cancellation fees)

12.2 Termination by PCC

PCC may terminate the contract by providing written notice to the Client if:

• The Client fails to pay an invoice within 14 days of the due date
• The Client materially breaches these Terms and fails to remedy the breach within 7 days of written notice
• The Client engages in conduct described in Section 8.4 (unsafe or disruptive conduct)
• Site conditions make it unsafe or impracticable to continue work

Upon termination by PCC, the Client remains liable for payment for all work completed and costs incurred to the date of termination.

13. Dispute Resolution

13.1 Raising Disputes

If you have a complaint or dispute about PCC's services, you must notify PCC in writing at [email protected] within a reasonable time of the issue arising. Your written notice should describe:

• The nature of the complaint or dispute
• The outcome you are seeking
• Any supporting evidence or documentation

13.2 PCC's Response

PCC will acknowledge your complaint within 3 business days and provide a substantive response within 14 business days. PCC will make reasonable efforts to resolve the dispute directly with you.

13.3 Mediation

If the dispute cannot be resolved directly, either party may refer the matter to mediation through:

• NSW Fair Trading (for home building disputes)
• A mutually agreed independent mediator
• The NSW Civil and Administrative Tribunal (NCAT)

Both parties agree to participate in mediation in good faith before commencing legal proceedings.

13.4 NCAT Jurisdiction

For home building disputes within NCAT's jurisdiction (residential building work under $500,000), disputes may be referred to NCAT's Home Building Division. Arbitration clauses are prohibited under the Home Building Act 1989 (NSW) and are not part of these Terms.

13.5 Legal Costs

Each party will bear its own costs of dispute resolution unless a court or tribunal orders otherwise.

14. Privacy Policy

14.1 Information We Collect

PCC collects and holds the following types of personal information:

• Contact details (name, phone number, email address, property address)
• Payment information (bank account details for refunds, payment history)
• Project information (scope of work, site conditions, photos of work)
• Communication records (emails, text messages, phone calls)

14.2 How We Use Your Information

We use your personal information to:

• Provide quotes, book jobs, coordinate work, and invoice for services
• Communicate with you about your project (updates, scheduling, completion)
• Process payments and manage accounts
• Document work performed (before/after photos, dilapidation reports, defect records)
• Comply with legal obligations (tax records, insurance claims, regulatory reporting)
• Send service-related messages (appointment reminders, invoice notifications)
• With your consent, send marketing communications (offers, updates, newsletters)

14.3 Marketing Communications

If you provide consent, we may send you:

• Updates about PCC services and promotions
• Seasonal greetings or thank-you messages
• Requests for reviews or testimonials

You can opt out of marketing messages at any time by:

• Replying "UNSUBSCRIBE" to any marketing email or SMS
• Contacting us directly at [email protected]
• Clicking the unsubscribe link in any marketing email

We will action opt-out requests within 5 business days. Service-related messages (appointment reminders, invoices, safety notices) are not considered marketing and will continue as necessary.

14.4 Photography & Media Consent

PCC may take photographs and videos of worksites before, during, and after work is performed. These images are used for:

• Operational purposes: Record-keeping, evidence of work quality, dilapidation reports, insurance documentation, dispute resolution
• Marketing purposes: Portfolio, social media, website, promotional materials

Operational photography (documenting work performed) is covered by your acceptance of these Terms.

Marketing use (social media posts, website portfolio, promotional materials) requires separate consent. Before posting any identifiable images, PCC will:

• Request your explicit consent via text, email, or written form
• Allow you to review and approve images before publication
• Respect your right to decline or withdraw consent at any time

You may request removal of images at any time by contacting PCC. We will remove images from platforms under our control within 14 days.

14.5 Third-Party Disclosure

We do not sell or trade your personal information to third parties. We may share your information with:

• Subcontractors and licensed trades performing work on your project (name, contact details, site address, scope of work)
• Material suppliers (name, delivery address)
• Insurance providers (for claims or verification purposes)
• Accountants and bookkeepers (for invoicing and tax compliance)
• Legal advisers (if disputes arise)
• Regulators and government agencies (if required by law, including NSW Fair Trading, tax authorities, or in response to court orders)

All third parties are required to handle your information in accordance with applicable privacy laws.

14.6 Data Security & Storage

Personal information is stored securely using:

• Password-protected digital systems and cloud storage (Google Workspace, MYOB)
• Encrypted communication channels where available
• Physical records stored in locked filing systems

While we take reasonable steps to protect your information, no system is completely secure. You acknowledge the inherent risks of transmitting information over the internet.

Some of our systems (Google Workspace, cloud accounting software) may store data on servers located outside Australia. By engaging our services, you consent to this overseas transfer.

14.7 Data Retention

We retain personal information for:

• Tax and financial records: 7 years (as required by Australian tax law)
• Building and construction records: 7 years (to cover statutory warranty periods and potential claims)
• Marketing communications records: Until you opt out or request deletion
• Other records: As long as necessary for the purposes for which it was collected, or as required by law

After the retention period, records are securely destroyed (digital files deleted, physical records shredded).

14.8 Access, Correction & Deletion

You have the right to:

• Access your personal information held by PCC (we will provide a copy within 30 days of a written request)
• Correct inaccurate or outdated information (notify us in writing and we will update records within 14 days)
• Request deletion of your information (we will delete information not required for legal or operational purposes within 30 days)

To exercise these rights, contact us at [email protected] with your request. We may require proof of identity before providing access or making changes.

14.9 Complaints & Privacy Concerns

If you have concerns about how PCC handles your personal information, contact us in writing at [email protected]. We will investigate and respond within 14 days.

If you are not satisfied with our response, you may lodge a complaint with:

Office of the Australian Information Commissioner (OAIC)
Website: www.oaic.gov.au
Phone: 1300 363 992

14.10 Privacy Act Exemptions

PCC operates as a small business with annual turnover under $3 million and is generally exempt from some requirements of the Privacy Act 1988 (Cth). However, we voluntarily comply with privacy best practices and remain subject to the Spam Act 2003 (Cth), NSW fair trading laws, and common law duties of confidentiality.

15. General Provisions

15.1 Force Majeure

PCC is not liable for delays or failure to complete work due to circumstances beyond its control, including but not limited to:

• Severe weather, natural disasters, or declared emergencies
• Illness, injury, or death of key personnel
• Supplier delays, material shortages, or industrial action
• Government restrictions, lockdowns, or regulatory changes
• Accidents, fire, or other unforeseen events

In such cases, PCC will notify the Client as soon as practicable and make reasonable efforts to complete work when circumstances permit.

15.2 Entire Agreement

These Terms, together with any written quote or variation, constitute the entire agreement between PCC and the Client. No verbal statements, representations, or prior agreements modify these Terms unless confirmed in writing and signed by both parties.

15.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

15.4 Waiver

Failure by PCC to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. All rights and remedies remain available.

15.5 Assignment

The Client may not assign or transfer their rights or obligations under these Terms without PCC's prior written consent. PCC may assign or subcontract work as necessary to fulfill its obligations.

15.6 Notices

All notices under these Terms must be in writing and delivered by:

• Email to [email protected] (for notices to PCC)
• Email or SMS to the contact details provided by the Client (for notices to the Client)

Notices are deemed received:

• Immediately if delivered in person
• On the date sent if sent by email before 5pm on a business day
• On the next business day if sent by email after 5pm or on a weekend/public holiday

15.7 Governing Law

These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

16. Acknowledgment & Acceptance

By requesting a quote, accepting a quote, making a payment, or allowing work to commence, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions and Privacy Policy.

If you have any questions about these Terms, please contact PCC before engaging our services.