TERMS AND CONDITIONS AND 10-YEAR RESIDENTIAL WARRANTY
DEFINITIONS AND INTERPRETATION
1.1 “Customer” refers to any individual or entity purchasing services from the Supplier.
1.2 “Supplier” refers to Uberspace Flooring Pty Ltd, ABN 47674715872, also known as “Uberspace.”
1.3 “Terms and Conditions” refers to the terms and conditions outlined in this document, along with any special terms or conditions agreed upon in writing by the Supplier.
- GENERAL TERMS
2.1 These Terms and Conditions apply to all contracts for the provision of services by the Supplier to the Customer and shall take precedence over any conflicting documentation or communication from the Customer.
2.2 Any amendments to these Terms and Conditions will be invalid unless agreed to in writing by the Supplier.
2.3 The Customer acknowledges that cracks in concrete are likely, even with the use of control joints and precautions. The Supplier employs the best methods and materials available for crack filling but does not guarantee that cracks will not reappear or new cracks will not form. These cracks are attributed to the nature of the concrete substrate. Expansion and control joints, along with joints between slabs, will remain visible unless stated otherwise.
2.4 The Customer confirms the accuracy of the color selections made in their quote, email correspondence, or invoice.
2.5 The Customer acknowledges that point loads, particularly from metal objects, may damage the coated surfaces, especially within the first 7 days of application.
2.6 The Customer agrees that, if not removed prior to work commencement, skirting boards may be scuffed, damaged by equipment, or accidentally painted, although reasonable precautions will be taken to minimize this risk.
2.7 The Customer acknowledges that any furniture, equipment, or other items not removed prior to service commencement may be coated around or over.
2.8 The Customer acknowledges that any surface, regardless of profile (including those installed by the Supplier), may become slippery under certain conditions. If a specific slip resistance rating is required, the Customer must inform the Supplier prior to the commencement of services.
2.9 The Customer understands that the Supplier is not responsible for “leveling” the surface unless explicitly stated in the provided quotation.
2.10 The Customer accepts that certain types of vehicle tires may contain additives that could cause staining on floor coatings. The Supplier is not liable for any tire staining caused by such additives, as it is considered random and unpredictable.
2.11 The Customer is deemed to have accepted these Terms and Conditions upon payment of a deposit for services or written acceptance of a quote.
2.12 The Customer acknowledges that while the Supplier assesses moisture content and hardness and performs remediation where required, factors outside of the Supplier’s control may cause changes in these conditions, such as poor concrete installation, foundation movement, or natural disasters.
2.13 The Customer confirms that they have read and understood the warranty information upon written approval to commence services or payment of a deposit. This warranty information is attached to the quote, available upon request, or can be found on the Supplier’s website.
2.14 The Customer acknowledges having read and understood these Terms and Conditions upon providing written approval to commence services or payment of a deposit.
2.15 The Customer is informed that Uberspace or its representatives may use recording devices for quality control and record-keeping purposes.
- PRICE AND PAYMENT
3.1 Unless otherwise agreed in writing, payment is due on delivery of services (C.O.D).
3.2 Additional charges will apply for any services not included in the original quote, which must be agreed upon in writing.
3.3 The Supplier reserves the right to modify, update, or offer promotions on services at any time. Once a service is quoted or ordered, the price remains fixed for the Customer for 30 days. The Supplier is not obligated to refund any difference if the price decreases during this period.
3.4 If the Customer does not pay by the agreed time, all outstanding amounts become immediately due and payable.
3.5 The Customer agrees to pay the specified deposit before work commences, as outlined in clause 7 regarding cancellation.
3.6 Payment methods are outlined in the quotation or invoice, unless otherwise agreed upon in writing.
3.7 The Supplier reserves the right to engage debt collection services for unpaid amounts.
- CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations, the Customer shall:
4.1 Cooperate with the Supplier.
4.2 Provide all necessary information requested by the Supplier.
4.3 Disclose any known issues with the substrate or area that may affect safety or the ability to perform the requested services.
4.4 Ensure that the substrate is suitable for the intended services by obtaining third-party test results, including for compressive strength and mix design.
4.5 Notify the Supplier of any changes to their contact details.
4.6 Comply with any other requirements agreed upon by both parties.
4.7 Comply with all applicable statutory requirements, particularly regarding data protection and confidentiality.
- SUPPLIER’S OBLIGATION
5.1 The Supplier will perform services with reasonable skill and care, adhering to recognized standards, coating manufacturer’s instructions, and relevant codes of practice.
5.2 The Supplier is responsible for ensuring that tools and equipment used are in good condition and that materials are free of defects at the time of application.
- LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions excludes or limits the Supplier’s liability for death or personal injury. However, the Supplier’s liability for direct loss or damage shall not exceed the price of the services.
6.2 The Supplier is not liable for any indirect or consequential losses, such as loss of profit or other economic losses.
- 7. CANCELLATIONS
7.1 Refunds: If the Customer cancels the project after paying the deposit, the Supplier is not required to refund the deposit but may do so at its discretion. Cancellations within 24 hours of the agreed start time are unlikely to be refunded.
7.1.1 Refunds for completed work will void any warranties.
7.2 Both parties must return or destroy any information received from the other upon request.
- FORCE MAJEURE
Neither party will be liable for any delays or failures to perform obligations due to events outside its control, such as acts of God, weather, strikes, war, fire, or natural disasters, with either party entitled to a reasonable extension for performance.
- “UBERSPACE” PROPERTY
The content on the Uberspace website may not be copied, reproduced, distributed, or displayed without prior written permission from Uberspace.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with Australian law, and the parties submit to the exclusive jurisdiction of Australian courts.
DISCLAIMER
Uberspace may use links to external websites for additional information. Uberspace is not responsible for the content of these websites, and the inclusion of links does not constitute an endorsement. Availability of linked pages is not guaranteed.
ACKNOWLEDGEMENT
I, ____________________, declare that I have read and understood the above Terms and Conditions.
Signed: ____________________________
10-YEAR RESIDENTIAL WARRANTY INFORMATION
Uberspace Flooring (the “Supplier”) warrants that products from the PCG, Epoxy2U, and GAF ranges, when applied according to the Supplier’s published application instructions, will not delaminate due to application errors or manufacturing defects for 10 years following installation. This warranty is in accordance with the Australian Consumer Law.
EXCLUSIVE REMEDY
The Supplier’s sole responsibility under this warranty is to provide replacement material and re-application for delaminated products or abnormal wear. The Supplier’s decision on the extent of replacement material will be final. The replacement products and remaining original products will be covered only for the remainder of the original warranty period. Spot repairs by third parties will void this warranty.
NOTIFICATION OF CLAIM
If the products delaminate or show abnormal wear, the Customer must notify Uberspace within 14 days of discovery, providing proof of purchase and application date. The Supplier will assess and resolve the claim as per the terms of this warranty.
EXCLUSIONS
This warranty does not cover:
- Damage from corrosive substances.
- Failure of the substrate or surface.
- Design defects or unsuitable surfaces.
- Natural disasters or extreme weather conditions.
- Physical damage, including misuse or negligence.
- Failure to install a moisture vapor barrier, if required.
- Damage caused by below-grade service failures or increased moisture content.
NON-ASSIGNABILITY
This warranty is not transferable or assignable.
LIMITATION OF DAMAGES
This warranty replaces all other warranties, whether express or implied. The Supplier will not be liable for consequential or incidental damages.
CUSTOMER ACKNOWLEDGEMENT
By paying a deposit or confirming service engagement, the Customer acknowledges that they have read and accepted these Terms and Conditions and the Warranty information.
Name: _______________________________
Signed: ______________________________
Date: ________________________________
Address of Works (if applicable): ______________________________________
