South West Patios (SWP) – Terms & Conditions of Trade
These Terms & Conditions apply to all quotations, contracts, works, goods, and
services supplied by South West Patios (SWP) (“we”, “us”, “our”) to the client
(“you”, “the customer”).
Acceptance of any quotation or commencement of works constitutes acceptance of
these Terms & Conditions.

1. Quotations
1.1 All quotations are valid for 30 days from the date of issue unless stated
otherwise.
1.2 Quotations are based on information provided by the client and visual inspection
only.
1.3 Any variations, omissions, or unforeseen site conditions may result in price
adjustments.
1.4 Quotations exclude items not expressly listed, including (but not limited to):
electrical works, plumbing, asbestos removal, engineering upgrades, council fees
unless specified.

2. Acceptance of Quote
2.1 Acceptance is confirmed when:
 The signed quotation or acceptance form is returned; or
 A deposit is paid; or
 Written confirmation (email/SMS) is provided.
2.2 Once accepted, the quotation becomes a binding contract subject to these Terms
& Conditions.

3. Deposits & Payments
3.1 A deposit is required prior to ordering materials or commencing work.
3.2 Progress payments may apply depending on project size and duration.
3.3 Final payment is due immediately upon practical completion, unless
otherwise agreed in writing.
3.4 Late payments may incur interest at 2% per month, calculated daily.

4. Variations

4.1 Any change to the scope of works must be approved in writing.
4.2 Variations may affect price, materials, and completion time.
4.3 Verbal instructions may be acted upon and will be charged accordingly.

5. Site Conditions & Access
5.1 The client must provide clear, safe, and unrestricted access to the site.
5.2 SWP is not responsible for delays or additional costs due to:
 Poor access
 Hidden obstructions
 Underground services not disclosed
 Unstable ground conditions
5.3 Any additional work required due to site conditions will be treated as a variation.

6. Approvals, Permits & Compliance
6.1 Unless stated otherwise, the client is responsible for obtaining:
 Council approvals
 Planning approvals
 Strata approvals
 Neighbour consent
6.2 SWP will construct in accordance with applicable Australian Standards and
approved plans where provided.

7. Timeframes
7.1 Estimated start and completion dates are indicative only.
7.2 Delays may occur due to weather, supplier delays, labour availability, approvals,
or circumstances beyond our control.
7.3 No claims will be accepted for delays outside SWP’s reasonable control.

8. Materials & Substitutions
8.1 Materials are subject to availability.
8.2 SWP reserves the right to substitute materials of equal or greater quality where
necessary.

9. Ownership of Goods
9.1 Ownership of all goods and materials remains with SWP until full payment has
been received.
9.2 SWP reserves the right to recover unpaid goods where legally permitted.

10. Defects & Warranty
10.1 SWP provides a workmanship warranty in accordance with Australian
Consumer Law.
10.2 Manufacturer warranties apply to supplied products and materials.
10.3 The warranty does not cover:
 Fair wear and tear
 Lack of maintenance
 Damage caused by third parties
 Environmental exposure (including coastal corrosion unless specified)

11. Maintenance
11.1 The client is responsible for ongoing maintenance of structures and finishes.
11.2 Failure to maintain may void warranties.

12. Damage
12.1 SWP is not responsible for damage to:
 Driveways, paving, lawns, gardens
 Underground services not identified
 Existing structures due to reasonable construction activity

13. Cancellation
13.1 Cancellations after acceptance may incur costs for:
 Materials ordered
 Labour
 Administration
13.2 Deposits are non-refundable once materials are ordered.

14. Insurance & Risk
14.1 SWP maintains appropriate public liability insurance.
14.2 Risk passes to the client upon practical completion.

15. Limitation of Liability
15.1 To the maximum extent permitted by law, SWP’s liability is limited to:
 Repair or replacement of defective work; or
 Refund of the value of the defective portion only.

16. Dispute Resolution
16.1 Parties agree to attempt to resolve disputes amicably before legal action.
16.2 If unresolved, disputes may be referred to mediation.

17. Governing Law
17.1 These Terms & Conditions are governed by the laws of Western Australia.

18. Entire Agreement
18.1 These Terms & Conditions, together with the accepted quotation, form the
entire agreement between the parties.