Terms & Conditions

Application

These are the Terms of Trade (Terms) of Your Local Roofers Pty Ltd (ACN 653 057 955) (YLR).

YLR is an Australian owned company that specialises in undertaking quality building metal and tile roofing, and where required, providing quality guttering and maintenance services.

Unless expressly stated otherwise, these Terms of Trade apply to every supply of goods and services (Services) to any Client from 24 February 2025. YLR may accept or decline all or any part of the Client’s request to purchase Services at its absolute discretion.

These Terms, in conjunction with any verbal or written quotation, proposal or letter of engagement accepted or signed by the Client constitute the entire agreement between the parties relating in any way to its subject matter, unless agreed otherwise between the YLR and the Client in writing. YLR shall not be liable nor responsible for errors in the Client’s specifications.

Pricing

Pricing offered by YLR is subject to review by YLR and may change for reasons such as fluctuations in material costs, labour expenses, or other market conditions. Pricing offered may also vary depending on alterations to the scope of work. YLR will make reasonable efforts to inform the Client of any pricing adjustments promptly. By accepting a quote, the Client enters into an agreement with YLR. The Client acknowledges and accepts the terms herein. The Client bears the onus of checking the price quoted and calculating the additional cost of GST. Prices quoted by YLR, unless otherwise specified, are exclusive of goods and services tax (GST).

Acceptance

Any instructions received by YLR from the Client for the supply of Services or the Client’s acceptance of the Services supplied by YLR shall constitute acceptance of the Terms herein.

Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for the payment for the Services.

Quotations issued by YLR may be done through online communication. Should the client receive a quotation from YLR online. The Client will be taken to have accepted the quotation if it:

• agrees to the YLR’s quote through clicking “Accept Quote”; or
• provides further instructions to YLR to deliver Services subject of the quote.

The Services are supplied to the Client on these Terms, unless otherwise agreed in writing between the parties in advance of the delivery of the Services.

GST

If GST is imposed on any Services provided by YLR, the Client must pay YLR, in addition to any consideration payable or to be provided by the Client, an additional amount for GST (without any deduction or set off). Any amount payable by the Client is payable on demand by YLR whether such an invoice or payment claim is raised by YLR or otherwise.

Delivery

The Client acknowledges that:

• Certain Services may not be available to the Client; and
• The delivery of certain Services may be subject to safety restrictions.

Any date provided by YLR for the delivery of its Services is an estimate only. YLR shall use its best efforts to meet any such delivery date, however YLR shall not be liable for any claim, loss, damage or obligation, whether arising directly, indirectly and consequentially, arising out of any delay in delivery, or failure to deliver, regardless of the reason.

If for any reason YLR is unable to deliver part of the Services, or the Services at all, and it communicates the same in writing to the Client, the applicable Services can be cancelled, in full or only as to certain Services, at YLR’s election at any time, or at the Client’s election if YLR has been unable to deliver the Services within three (3) months from the date of the quotation, purchase order, or contract (whichever is later), and neither YLR nor the Client shall incur any penalty or liability for the claim, loss, damage or obligation, whether arising directly, indirectly and consequentially, arising out of, or in connection with, the cancellation.

The Services, including any materials associated with the Services, are always transmitted at the risk of the Client. The Client agrees and acknowledges this by accepting the quotation or contract issued by YLR.

Provision of the Services

If the Client has contracted YLR to arrange for YLR, its staff, or its subcontractors to provide Services to the Client, whether at the Client’s premises or at Customer or other third-party related to the Client (Premises), the Client shall, at its expense, ensure that:

1. The Premises are safely accessible to YLR , its staff, or its subcontractors, on the date agreed for delivery of the Services;
2. The Premises are free from termite or vermin infestation, and any known structural or environmental hazards have been disclosed to YLR in advance;
3. YLR’s staff or subcontractors are provided with all necessary inductions, site-specific training, and access credentials required to perform their duties safely and efficiently;
4. YLR’s staff or subcontractors will not be exposed to any danger or threat to their safety, or their materials or equipment, in connection with the supply of the Services;
5. YLR’s delivery of the Services will not detrimentally impact any property proximate to the Premises or the surrounding environment.

The Client expressly acknowledges that should it fail to ensure points a) to e) above, YLR will be indemnified for any claim, loss, damage or obligation, whether arising directly, indirectly and consequentially, arising out of any delay in delivery, or failure to delivery, regardless of the reason.

Payment

All invoices issued for payment by YLR to the Client are Payment Claims issued pursuant to the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act).

Nothing in these Terms is intended to have the affect of contracting out of any applicable provisions of the Act, except the extent permitted by the Act where applicable.

The Client bears the onus of undertaking a review of all invoices to advise YLR of any errors or omissions within 10 business days. Failing such advice being received from the Client, the invoice may be deemed accepted by the Client, and enforceable by YLR.

At YLR’s discretion, a deposit may be required by YLR in advance of it accepting the Client’s request to purchase Services. The deposit shall become due and payable at the direction of YLR.

All payments made by the Client to YLR under these Terms will be made in the absence of any set-off, counterclaim, and are not subject to being withheld by the Client, unless otherwise agreed in writing by YLR or as required by law.

In the event the Client fails to pay for the Services in accordance with these Terms, or as previously agreed in writing by YLR and the Client, YLR will be entitled to charge an administration fee of ten (10) percent of the amount of the invoice payable.

The Client acknowledges that YLR shall be at liberty to charge a surcharge for credit card transactions equal to merchant fees incurred by YLR.

In the event the Client becomes insolvent or fails to adhere to the Terms (including failing to make payment in accordance with these Terms), all money owing by the Client to YLR will become due and payable immediately. YLR reserves the right to suspend, without notice to the client, delivery of Services if any payment due by the Client to YLR is overdue. Further, the Client will pay YLR’s costs (including legal costs) and disbursements incurred in pursuing recovery action, or any other claim or remedy, against the Client, on an indemnity basis.

Variations

Any changes to the agreed scope of work must be expressly approved in writing by both YLR and the Client before it is deemed accepted. Variations may include, but are not limited to, the following:

• mandatory inspection fees;
• full approval terms not provided prior to pricing the work;
• owner instructions concerning ambiguities;
• relevant materials unavailable;
• statutory requirements for fees change post contract;
• site investigations;
• proposed changes to the scope of work;
• impact on the project timeline (if any);
• insurance of works; and
• interest due to late payment,

Additionally the contract price may be affected by changes to the amount charged for, or the conditions attached to the provision of insurance issued in compliance with the Home Building Act 1989 (NSW).

The Client must confirm their acceptance of the variation notice in writing before YLR proceeds with the changes. Any delay in obtaining the Client’s approval may result in an adjustment to the total project schedule and overall completion time. Variations may result in an adjustment to the total project cost. YLR reserves the right to invoice the Client for any additional costs associated with approves variations. Any such invoices will be subject to the Terms.

In the circumstances where the Client requests changes that cannot be reasonably accommodated within the original scope or timeline, YLR reserves the right to decline a proposed variation.

Cancellation

Unless otherwise agreed in writing by the parties, the Client may not cancel an order (or any part thereof) unless the Client pays YLR (at YLR’s sole discretion) all costs incurred by YLR in relation to the cancelled order (or cancelled part of an order) up until and including the date of the cancellation. These costs may include, but are not limited to, expenses for materials purchased, labour allocated, administrative costs, and any subcontractor commitments directly related to the order.

Cancellation requests must be submitted in writing and are subject to YLR’s approval. If approved, YLR will provide the Client with a detailed breakdown of the costs payable. Any deposits paid by the Client are non-refundable unless explicitly agreed in writing by YLR and only if the cancellation does not result in any financial loss or inconvenience to YLR.

YLR reserves the right to recover any additional losses or expenses caused by the cancellation, including those resulting from delays in reallocating resources or loss of potential business opportunities. Furthermore, YLR retains the right to terminate the agreement without liability to refund payments if the Client fails to meet their obligations, such as payment terms or providing required site access.

Non-solicitation

The Client agrees that during this term of their agreement with YLR, and for a period of twelve (12) months following completion of the Services, the Client shall not, directly or indirectly:

• solicit, hire, engage or attempt to solicit hire or engage any employee, contractor, or subcontractor of YLR without the express written consent of YLR; or
• induce or attempt to induce any employee, contractor or subcontractor to terminate their contractual relationship with YLR.

Security

The Client waives its right to receive any notice (including notice of a verification statement) that is required by the Personal Property Securities Act 2009 (Cth) (PPSA) unless the notice is required by the PPSA and cannot be excluded.

The Client agrees not to exercise its rights to make any request of YLR under section 275 of the PPSA. However, this does not limit the Client’s rights to request information other than under section 275 of the PPSA. Neither the Client nor YLR will disclose any information of the kind mentioned in section 275(1) of the PPSA unless section 275(7) of the PPSA applies.

These Terms, alone or in conjunction with YLR’s written quotation, proposal or letter of engagement signed by the Client, are a security agreement for the purposes of the PPSA. The Client acknowledges that it has granted YLR a security interest in the Services and their proceeds which is a purchase money security interest to the extent that it secures payment of all or part of the purchase price for Services.

The Client charges in favour of YLR all its estate and interest in any real property, whether held in its own right or as capacity as trustee, the Client owns at present and in the future with the amount of its indebtedness hereunder until discharged. The Client agrees that YLR shall be entitled, where appropriate to lodge a caveat upon any real property owned by the Client, the caveat shall be withdrawn by YLR upon payment by the Client of all monetary obligations owed by the Client.

The Client charges in favour of YLR all its estate and interest in any personal property, whether held in its own right or as capacity as trustee, the Client owns at present and in the future with the amount of its indebtedness hereunder until discharged.

The Client consents to YLR perfecting any security interest arising in connection with these Terms by registering a financing statement or otherwise recording the details of these Terms on the Personal Property Securities Register (PPSR) and any other applicable security registers in any manner it considers appropriate. The Client agrees to do anything YLR asks to ensure that the security interest is enforceable, perfected, and otherwise effective; and has priority over all other security interests.

The Client agrees to pay or reimburse YLR for any fees or charges for the PPSR or other registrations contemplated by these Terms.

YLR may allocate any payment received from the Client in any manner it determines, including in any manner to preserve any security interest it has in relation to any Services, and may do so at the time of receipt or at any time afterwards, but in default will apply same first to payment of any unsecured amount owing to YLR, next as to any reasonable enforcement expenses and then as to any secured balance owing to YLR. On default by the Client, YLR may re-allocate any payments previously received and allocated.

The Client irrevocably grants to YLR the right to enter upon the Client’s property or premises, with notice, and without being in any way liable to the Client or to any third party, if YLR has cause to exercise any of its rights under sections 123 and/or 128 of the PPSA, and the Client shall reasonably indemnify YLR from any claims made by any third party as a result of such exercise.

The Client must notify YLR at least fourteen (14) days before it changes its name; changes its place of registration or incorporation; or changes or applies for an Australian Company Number, Australian Business Number, Australian Registered Body Number, or Australian Registered Scheme Number under which an interest in any of the Services is or will be held. The Client must notify YLR if anything mentioned in above occurs immediately upon becoming aware of it.

Words and phrases used in this clause that have defined meanings in the PPSA have the same meaning as in the PPSA unless the context indicates otherwise.

Intellectual Property

“Intellectual Property” means all industrial and intellectual property whether protected by equity, common law, or statute, including all copyright, patents, designs, registered and unregistered trademarks, trade secrets and know how in respect of which YLR is the owner or licensee.

Where YLR has designed the Services, then the copyright for those designs shall remain vested in YLR and shall only be used at the discretion of YLR.

The Client warrants that all designs or instructions to YLR will not cause YLR to infringe any patent, registered design or trademark in execution of the Client’s instructions and the Client agrees to indemnify YLR in respect of any action taken by any third party against YLR in respect of any such infringement.

Risk and Liability

Risk and damage to, or loss of the Services passes on delivery to the Client.

If any of the goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Contractor is entitled to receive all insurance proceeds payable for the goods. The Client agrees that production of these Terms is sufficient evidence for the purposes of receiving the proceeds.

The Client is responsible for YLR’s costs and expenses (including legal fees) in exercising its rights under these Terms, in circumstances where the Client is in breach of these Terms.

The Client acknowledges and agrees to indemnify and keep YLR indemnified against any claim that arises out of the Services supplied, or not supplied, under these Terms to the extent that such a claim arises as a result of the Client defaulting under these Terms.

Warranty

YLR offers a warranty for the work it completes for the Client. The warranty period (Warranty Period) is determined solely by YLR and will be specified in the agreement with the Client, unless a mandatory statutory warranty period applies under the Home Building Act 1989. If the warranty period is unspecified in the quote, it will be supplied to you by email upon request by the customer.

The Warranty Period commences from the later of either the date of completion of the works or the date on which the Client has paid YLR all outstanding monies in full.

This warranty applies exclusively to the workmanship of the works performed by YLR or its staff. It is not transferable, assignable, or subject to nomination, including in the event of sale or transfer of the property.

This warranty does not apply to:

• Products used by YLR in the course of its works, nor products it may sell the client;
• pre-existing damage to the roofing, structure or materials of the building that was not worked upon, remediated or replaced by YLR in the course of the Services;
• any new leaks or damages occurring outside of the repaired area;
• damages arising from causes other than poor workmanship, or otherwise beyond YLR’s control;
• damages arising from natural causes, including but not limited to storms, winds, tornadoes, cyclone, hail, or any weather event;
• cracking, deterioration or damage to surfaces such as driveways, pathways or walls that occurs as a result of normal usage, aging or conditions present prior to the commencement of work;
• cosmetic or structural damage that were not present or visible during the company’s work;
• damage arising from termites, or impact damage, i.e., a tree branch falling on a roof;]
• damage arising from lack of maintenance, wear and tear, or deterioration, including but not limited to fading, discolouration, and minor leaks; and
• consequential losses of any description, howsoever arising, including but not limited to lost income, mould and bacteria growth, interior damage, or damage to personal or real property.

This warranty does not apply in circumstances where YLR was not the only trade on site while our work was being performed.

To initiate a claim under the warranty, the Client must notify YLR in writing within two (2) days of discovering the issue to be claimed under the warranty. The notification issued to YLR must include a detailed description of the issue, evidence of all outstanding monies owing to YLR having been paid in full, and confirmation that no other trades have worked on the affected area after YLR attended. YLR reserves the right to inspect the issue and verify the Client’s claim under warranty.

YLR’s liability under this warranty is limited to the cost of labour and materials provided by the company for the work performed for the Client in the first instance.

YLR reserves the right to amend these warranty terms and conditions at any time. Any amendments will be effective immediately upon the same being posted on the YLR website or upon notification of the same to the Client, whichever occurs first.

Miscellaneous

An agreement between YLR and the Client may not be varied without the prior written consent of YLR.

These Terms are qualified by any law which applies, and which cannot be excluded. If any provision of these Terms is deemed to be unlawful, or otherwise unenforceable, that provision shall be severed from these Terms, or read down to the extent permitted, and will not affect the enforceability or operation of any other provision within these Terms.

If YLR fails to immediately exercise a power or right under these Terms, such delay does not constitute, either expressly or by implication, a waiver of that power or right, nor does it impact YLR electing to exercise that power or right in the future.

These Terms apply to the ordering, purchase, supply or fulfilment of the delivery of Services or products by YLR. These Terms are to be construed according to the law of New South Wales and the Parties submit to the jurisdiction of the Courts of that state.