Terms & Conditions
1. Definitions
Business, We, Us or Our means Bathroom Surgeon.
Customer or You means the person or entity requesting or accepting Services from us.
Services means all works carried out by Bathroom Surgeon including regrouting, epoxy grouting, sealing, silicone replacement, leak detection and repair, and associated bathroom restoration services.
Site means the property where the Services are to be performed.
Agreement means these Terms and Conditions together with any quotation, invoice or written communication issued by us.
2. Acceptance of Terms
2.1 By accepting a quotation, paying a deposit, booking our Services, or permitting us to commence work, you agree to be bound by this Agreement.
2.2 These Terms and Conditions prevail over any inconsistent terms unless agreed in writing by us.
3. Quotations
3.1 All quotations are valid for ninety (90) days from the date of issue unless withdrawn earlier in writing.
3.2 All prices are exclusive of GST unless expressly stated otherwise.
3.3 Quotations are based on visible site conditions and information provided by you at the time of inspection or enquiry.
3.4 If concealed defects, additional damage, structural issues, waterproofing failures or other unforeseen conditions are discovered after commencement, we reserve the right to vary the price. No variation will proceed without your approval.
3.5 Any variation to the agreed scope of works may incur additional charges.
4. Deposits
4.1 We may require a deposit for works exceeding $5,000 in total value.
4.2 The deposit amount will be specified in the quotation.
4.3 Deposits secure scheduling, allocation of tradespeople or subcontractors, and procurement or allocation of materials specifically required for your project.
4.4 Deposits may be:
(a) fully refundable;
(b) partially refundable; or
(c) non-refundable in part, depending on the extent to which we have:
• ordered or custom-ordered materials;
• allocated or committed materials from stock;
• scheduled or engaged subcontractors or tradespeople;
• incurred administrative, scheduling or project coordination costs;
• declined or foregone other confirmed work to secure your booking.
4.5 Where costs have been incurred, any non-refundable portion of the deposit will reflect reasonable costs actually incurred or committed by us at the time of cancellation.
4.6 We reserve the right to determine, acting reasonably, the refundable portion of any deposit.
4.7 In circumstances where minimal or no costs have been incurred, we may, at our discretion, refund the deposit in full.
4.8 Nothing in this clause limits or excludes your rights under the Australian Consumer Law.
5. Payment Terms
5.1 Unless otherwise agreed in writing, full payment is due immediately upon completion of the Services.
5.2 We reserve the right to withhold warranty documentation until full payment has been received.
5.3 Overdue amounts may incur interest at a reasonable commercial rate together with any recovery costs incurred.
6. Access and Site Obligations
6.1 You must provide safe and unobstructed access to the Site at the scheduled time.
6.2 The work area must be cleared of personal belongings prior to our arrival.
6.3 You are responsible for ensuring children and pets are kept clear of work areas. 6.4 If access is not provided or site conditions are unsafe, we may suspend works and additional charges may apply.
7. Cancellation, Rescheduling and No-Shows
7.1 You may cancel or reschedule your appointment by providing at least 24 hours’ notice prior to the scheduled start time.
7.2 Notice of cancellation must be provided via SMS, email or telephone call.
7.3 If you cancel within 24 hours of the scheduled appointment, a cancellation fee of $200 (inclusive of GST) will apply.
7.4 If you cancel after we have arrived at the Site, or if access is denied upon arrival, a $200 cancellation fee will apply.
7.5 If you are not present at the scheduled time and access has not been arranged (no-show), the $200 cancellation fee applies.
7.6 Cancellation fees must be paid prior to any future booking being confirmed.
7.7 We reserve the right to waive the cancellation fee at our discretion in exceptional circumstances. 7.8 This clause reflects a genuine pre-estimate of loss including technician time, travel, administration and foregone work opportunities and is subject to the Australian Consumer Law.
8. Rescheduling
8.1 Rescheduling requests made more than 24 hours prior to the appointment will not incur a fee.
8.2 Repeated rescheduling may require payment of a deposit at our discretion.
9. Completion and Aftercare
9.1 Certain Services require curing and drying time.
9.2 You agree to follow all aftercare instructions provided.
9.3 We are not responsible for damage resulting from failure to follow aftercare instructions.
10. Warranty
10.1 Epoxy grout supplied and installed by us is covered by a ten (10) year product warranty under normal residential use conditions.
10.2 Silicone and sealants supplied and installed by us are covered by a twenty-four (24) month warranty under normal residential use conditions.
10.3 Warranty periods may vary depending on site conditions, substrate condition, ventilation, moisture exposure, structural movement or environmental factors. Any variation will be specified in your quotation.
10.4 Warranty does not cover:
• Structural movement or building settlement
• Substrate failure
• Waterproof membrane failure
• Pre-existing water damage
• Excessive moisture or poor ventilation
• Improper cleaning methods
• Use of harsh, acidic or inappropriate chemicals
• Works altered, repaired or interfered with by others
• Grout discolouration and mould growth
10.5 Warranty applies only where full payment has been received. 10.6 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, our liability for any claim relating to the Services is limited to:
(a) Re-supplying the Services; or
(b) Paying the reasonable cost of having the Services re-supplied.
11.2 We are not liable for indirect, incidental, special or consequential losses including loss of rental income, loss of use, inconvenience or damage beyond the scope of our Services.
11.3 We are not responsible for underlying structural or waterproofing defects that become apparent during or after completion of our Services.
12. Force Majeure
We are not liable for delay or failure to perform due to events beyond our reasonable control including weather events, supply chain interruptions, industrial disputes or government restrictions.
13. Dispute Resolution
13.1 Any dispute must be raised in writing within 7 days of completion of Services.
13.2 Both parties agree to attempt resolution in good faith prior to commencing legal proceedings.
14. Governing Law
This Agreement is governed by the laws of Western Australia.
The parties submit to the exclusive jurisdiction of the courts of Western Australia.
15. Amendments
We reserve the right to update these Terms and Conditions from time to time. The version published on our website at the time of booking applies.