TERMS AND CONDITIONS OF TRADING:

 

Regen Property Group (ABN 62 831 838 508) , its servants, assigns, and agents – referred to as "the Company" or "us" – and the person or legal entity to whom this quotation is addressed – referred to as "the Purchaser".

​

​

1. QUOTATIONS & PRICING

1.1 Quotations are valid for 30 days from date of issue, are given on an errors and omissions accepted (E&OE) basis, and constitute an invitation to treat, not a binding offer.
1.2 The quoted price is based on a cleared, unobstructed site and assumes safe, uninterrupted access during normal working hours (which may include weekends) and access to undertake the Works continuously without breaking the Company's work schedule, unless by prior agreement in writing. Any variation to the work schedule or access arrangements will incur additional charges.
1.3 The price may be varied due to foreseen or unforeseen conditions, including but not limited to: delays in commencement, hidden debris, hazardous materials, structural defects, restricted access, supplier price changes, or weather delays, or any other matter beyond the Company's reasonable control. Any additional costs incurred will be added to the Purchaser's account.
1.4 Detention time – if the Company is delayed on site due to any act, omission, arrangement, or instruction of the Purchaser, its agents, or any third party engaged or authorised by the Purchaser, detention time will be charged at the Company's standard hourly rates.

2. SITE WORKS, SITE CONDITIONS & STRUCTURAL SAFETY

2.1 The Purchaser must advise the Company in writing before acceptance if:

• Any structure (roof, gutter, pergola, veranda, carport, ladder access point, solar panel mounting system, or any structure adjoined or relevant to the Works) is not sound, not secure, or not safe to work on or access.

• There are electrical cables, gas/water pipes, sewage, or other services in or near the work area.

• Any other issue or problem that the Purchaser knows or ought reasonably to know, that may affect or be in the area of the Works.

The Purchaser is to supervise the location of the Works and shall actively check for any services, issues, or problems that can or may affect the Works, prior to commencement of Works.

2.2 If the Purchaser does not advise the Company otherwise, the Company will assume:

• All structures are structurally sound and capable of bearing the Company's personnel and equipment.

• All roof tiles, sheets, gutters, solar panel mounts, and any other substrate mounted or fixed are in good condition and safe to work on, walk on, lean against, or attach to.

2.3 The Company is not liable for:

• Damage to unsound structures, tiles, gutters, solar panels, or other property that the Company was not advised of in advance.

• Damage to undisclosed utilities (cables, pipes, etc.).

• Consequential damage – meaning any indirect or secondary loss or damage resulting from the Works, including (but not limited to): water ingress, internal leaks, mould, rot, staining, electrical faults, structural movement, loss of use, or damage to contents, furnishings, or other property – whether arising from pre‑existing defects, weather, or any other cause that the Company could not reasonably prevent or detect.

2.4 If during works the Company encounters unsafe conditions, the Company reserves the right to stop work immediately and quote separately for remediation or safe access before continuing.

2.5 The Company shall not be liable for the incorrect location of the Works.

2.6 Chemical treatments – including weed control, if included, the Purchaser is to take relevant control measures to restrict traffic as required directly through or around the general area of the treated area/s, until safe to do so. A product Safety Data Sheet (SDS) can be provided, prior to works, on the Purchaser's request.

3. EXCLUSIONS

3.1 Unless specifically stated in the quotation, the Company has made no allowance to remediate, repair, or replace any property, including in contact with or adjoining the Works or in the work area, including but not limited to:

• Repairs or replacement of broken tiles, gutters, downpipes, solar panels, mounting hardware, or any other structure or item.

• Clearing of blocked drains, downpipes, or underground systems.

• Remediation of water damage, mould, or rot.

These items are not included in the Quoted Price and, if required, will be carried out at additional cost.

3.2 Waste removal (green waste, soil, debris, old materials, or any other waste) is the Purchaser's responsibility unless expressly included in the quotation. If the Company removes waste on the Purchaser's behalf, an additional charge will apply.

3.3 Cleaning of surfaces other than the specific items quoted (e.g., driveways, walls, windows, or adjoining areas or substrates) is not included unless stated.

4. VARIATIONS

Any change to the scope of works, materials, or schedule must be agreed in writing (email suffices) and signed or acknowledged by the Purchaser or the Purchaser's authorised representative. The Company reserves the right to adjust the price and timeline accordingly.

5. PERMITS & AUTHORITY

5.1 The Purchaser is responsible for obtaining all necessary permits, approvals, and consents (including from owners, occupiers, and authorities) before the Company commences work. The Purchaser shall make its own enquiries and shall not rely on the Company for advice regarding permits or approvals.
5.2 The Company will not become involved in the advocating on behalf of the owners of contiguous properties of the Works. This is to be solely carried out by the Purchaser.
5.3 By accepting this quotation, the Purchaser warrants that:

• The Purchaser has full authority to engage the Company.

• The Purchaser has obtained all required consents.

• The Purchaser has disclosed all material client requirements that could affect the Company's work.

5.4 The Purchaser indemnifies the Company against all claims, losses, and costs (including legal fees) arising from any breach of this authority warranty.

6. PAYMENT TERMS

6.1 Payment is due within 30 days of the invoice date, unless otherwise agreed in writing.
6.2 The Company may render progress claims on a weekly basis, based on the pro‑rata value of work completed – these are payable on submission of invoice.
6.3 Invoices are due within 30 days of the invoice date.
6.4 Disputes – any concern regarding the Works must be submitted to the Company in writing within 14 days of completion. Failure to do so constitutes acceptance of the Works as performed.
6.5 Overdue amounts:

• Interest accrues daily at the Commonwealth Bank of Australia overdraft rate + 2%.

• All debt recovery costs (including internal costs and legal fees on a solicitor‑client basis) are payable by the Purchaser immediately upon notification.

6.6 Should the Company incur legal and/or other expenses including internal costs and expenses to any Agency licensed under the Commercial & Private Agents Act (as Amended) or a legal practitioner in obtaining or attempting to obtain payment of all or part of any amount(s) due, the Purchaser is liable for the payment of those expenses on a Solicitor‑Client basis. These are due and payable immediately when advised to the Purchaser.

6.7 Purchaser's Payment Responsibilities – The Purchaser shall be solely responsible for, and shall pay to the Company upon receipt of a valid invoice, all fees, costs, and expenses incurred by the Company in performing the Works for the Purchaser's Clients. This obligation is unconditional and irrevocable. Such payment shall be made within 30 days of the invoice date. The Purchaser acknowledges that its obligation to pay is absolute and is not contingent upon receipt of payment from any Client, principal, or third party. This obligation shall survive termination of this Agreement.

7. RETENTION OF TITLE (PPSA PROTECTION)

7.1 Legal title to all goods supplied and/or used (including materials, plants, equipment, or installed items) remains with the Company until all monies owing to the Company (including collection, repossession, and legal costs, plus any Government charges/taxes where applicable) have been paid in full.

7.2 Risk – despite retention of title, risk passes to the Purchaser upon delivery to site. The Purchaser is responsible for loss, theft, or damage to the Company's goods while on the Purchaser's premises.

7.3 Default – if the Purchaser defaults on payment, the Company (or its agents) may enter the Purchaser's premises upon reasonable notice (or without notice in cases of urgency or where notice would defeat the purpose of repossession) to repossess the Company's goods, including any installed materials. The Purchaser grants the Company all reasonable access rights for this purpose, and the Company and its agents shall be entitled to do all things required to protect its position.

8. INDEMNITY & LIMITATION OF LIABILITY

8.1 The Purchaser indemnifies the Company against any claims, proceedings, damages, or costs arising from:

• Works performed based on incorrect or incomplete information provided by the Purchaser.

• Third‑party claims (including the Purchaser's clients) relating to undisclosed requirements or lack of authority.

• Injury or damage caused by unsound structures that the Purchaser failed to disclose.

8.2 The Company's total liability to the Purchaser (whether in contract, tort, negligence, or otherwise) is capped at the total fees paid by the Purchaser for the Works in the preceding 12 months.
8.3 The Company is not liable for any indirect, consequential, or special damages – including loss of profit, revenue, goodwill, business interruption, or damage to property contents – even if the Company was advised of the possibility.

9. ONGOING TRADING & CONTINUING APPLICATION

9.1 These Terms and Conditions shall apply to all quotations, work orders, works and engagements between the Company and the Purchaser, whether contained in this document or any subsequent document/s or not, and whether in writing, oral, or implied by conduct, unless expressly varied in writing and signed by both parties.

9.2 If the Purchaser trades with the Company on an ongoing or repeat basis, these Terms and Conditions shall apply to all current and future Works without the need for re‑execution or re‑acceptance for each individual engagement. For the avoidance of doubt, any subsequent engagement after a period of non-trading shall also be governed by these Terms unless expressly varied in writing.

9.3 No oral variation, course of dealing, or failure to enforce any provision shall operate as a waiver of these Terms or create an implied variation. Any variation must be in writing and signed by a Director of the Company.

9.4 The Purchaser acknowledges that it has read, understood, and agrees to be bound by these Terms for all Works performed by the Company until such time as these Terms are terminated or varied in writing by the Company.

10. GENERAL

10.1 Governing law – South Australia.
10.2 Entire agreement – these Terms supersede all prior communications, representations, or understandings.
10.3 Client's Contract – if the Company enters into, or is purportedly bound by, a contract proposed by the Purchaser or Client, then any clauses contained in these Terms which are not specifically and expressly overridden by that contract shall remain in full force and effect.
10.4 Variation – only effective if agreed in writing by a Director of the Company and witnessed.
10.5 Severability – if any provision or part of this Agreement is void or unenforceable for any reason, then that provision or part will be severed from this Agreement and the rest of this Agreement will be read as far as possible as if the severed part or provision had never existed, and the remaining provisions shall continue in full force and effect.
10.6 Survival – clauses relating to payment, indemnity, authority warranty, limitation of liability, retention of title, ongoing trading, and any other clause which by its nature is intended to survive termination, shall survive termination or expiration of this Agreement.

11. AUTHORITY TO PROCEED

Upon acceptance of the quotation, payment will be the responsibility of the person or legal entity to whom this quotation is directed. Such acceptance will be taken as an authority to proceed with all works including (but not limited to) , if applicable, demolition and/or removal of existing structures or items and the legal entity to whom the quotation is addressed is assumed to have obtained the agreement of the owner of the property and/or all other property owners, occupants and Authorities from whom approval is required. The Purchaser indemnifies the Company against any claims, losses, or costs arising from a failure to obtain such agreements or approvals.

12. ACCEPTANCE

By instructing the Company to proceed, or by signing below, the Purchaser accepts these Terms and Conditions in their entirety.

​

​

​