Terms and Conditions

Artifex Contractors Pty Ltd
ABN: 86 682 466 548
Last Updated: April 2025

1. Acceptance of Terms

By accepting a quote, engaging services, or otherwise requesting work from Artifex Contractors Pty Ltd ("we", "us", "the Company"), the client ("you") agrees to these Terms and Conditions. These terms apply to all services including electrical, carpentry, construction, site supervision, and project management.

2. Definitions

• Client: The individual, company, or entity engaging Artifex Contractors Pty Ltd.

• Services: Any work undertaken including electrical, carpentry, construction, supervision, Site management or project management.

• Agreement: These Terms and Conditions, together with any associated quote, invoice, work order, purchase order, scope of works, or written, verbal, or electronic instructions provided by the client and accepted by the Company.

3. Scope of Work & Legal Compliance

• Work is provided under the scope permitted by relevant trade licences.

• All work is carried out in accordance with:

  • Queensland Building and Construction Commission Act 1991

  • Building and Construction Industry Payments Act 2004 (BCIPA)

  • Australian Consumer Law

  • Work Health and Safety Act 2011 (QLD)

• The Company reserves the right to refuse or discontinue work at its discretion.

4. Scope of Work & Variations

• The quote is based on the described scope.

• Any change (including additions, omissions or unforeseen conditions) constitutes a variation.

• Variations must be approved verbally or in writing. Verbal approvals are binding.

• Urgent variations for safety/compliance may proceed without written approval.

• Unless otherwise agreed, variation invoices are payable immediately (COD) and do not fall under any credit terms provided for the original works.

5. Latent Conditions

• We are not liable for concealed or unforeseen conditions.

• If discovered, scope and pricing may be adjusted.

• Work required as a result will be treated as a variation and invoiced under Clause 4.

• Variations due to latent conditions are payable immediately.

6. Price Rise and Fall

• Pricing is based on current market rates.

• In the event of material or labour cost increases beyond our control, pricing may be revised.

• All changes will be treated as variations under Clause 4 and subject to client approval.

• Variation payment terms apply.

7. Payment Terms

7.1 General

• Invoices must be paid per terms stated, unless otherwise agreed in writing.

• Time is of the essence.

7.2 Materials

• Materials must be paid in full before procurement.

7.3 Labour Deposits

• Labour deposits may be required prior to work commencing.

7.4 Technicians & Trade Services – COD

• Unless on credit, all trade work is Cash on Delivery (COD).

• COD means payment is due before the technician leaves site.

7.5 Credit Terms (By Prior Agreement Only)

• Offered to select clients only, and must be agreed in writing.

• May be revoked at any time for late payment or risk reassessment.

7.6 Overdue Accounts

• Interest of 10% per month (calculated daily) applies to overdue balances.

• The client is responsible for all debt recovery and enforcement costs.

7.7 Merchant Facility Fees

• If the client pays via credit card or other merchant facilities, associated processing fees will be added to the invoice total.

7.8 No Set-Off

• The Client may not deduct or withhold payment due to disputes or counterclaims unless agreed in writing.

7.9 Progress Payments

• For projects over $5,000 or 2 weeks duration, we may issue progress claims aligned to milestones.

• Work may pause until prior progress claims are settled.

8. Non-Payment, Recovery of Goods & BCIPA Enforcement

8.1 Suspension of Works
If payment is not received by the due date, we may:

• Cease work

• Withdraw from site

• Recover any unfixed materials

• Engage debt recovery agents

• Suspend any ongoing or future works

8.2 Retention of Ownership

• All materials remain our property until paid in full.

8.3 BCIPA Compliance

• This Agreement constitutes a construction contract under BCIPA (Qld).

• Any invoice may be served as a Payment Claim.

• If unpaid and no Payment Schedule is received within 10 business days:

  • We may issue a Notice of Intention to Apply for Adjudication

  • We may proceed to adjudication

• This clause constitutes prior written notice that we may exercise BCIPA rights without further warning.

8.4 Recovery Costs

• All legal, administrative, adjudication and collection costs incurred in enforcing payment are payable by the client.

9. Rates & Pricing

• If a fixed quote or proposal is provided, that quote applies.

• If no fixed quote is given, work is charged at standard trade rates (available on request).

• Rates and pricing may vary depending on project complexity, access, duration, or volume of work.

• Rates are not publicly published and should not be assumed.

Additional Charges
Additional charges may apply for:

• After-hours or urgent works

• Material procurement and handling

• Travel outside standard service areas

• Minimum service or attendance fees

• Project access difficulties or restrictions

• Compliance overheads (e.g. parking, permits)

These will be clearly noted on quotes or invoices as applicable.

10. Hired Equipment

• Risk transfers to the client upon delivery.

• Damage or misuse may be charged.

• We aim to replace or repair promptly, but delays may result in further cost.

11. Warranty

• 12-month workmanship guarantee from completion date.

• Manufacturer warranties apply to materials.

• Warranty does not cover: misuse, third-party damage, or environmental issues.

• Labour for warranty work may be billable unless agreed otherwise.

12. Limitation of Liability

We are not liable for:

• Indirect or consequential loss

• Delays due to weather, access, supplier delays, or third-party actions

• Client-supplied materials or devices

• Subcontractor work where they were not directly engaged by us

13. Cancellations & Rescheduling

• Cancellations within 24 hours may incur a call-out fee.

• Rescheduling must be made at least 48 hours prior to avoid charges.

14. BCIPA Dispute Resolution

• Disputes may be addressed through a BCIPA Payment Claim.

• If unresolved, adjudication may follow under BCIPA legislation.

• All legal and adjudication proceedings will be conducted within the jurisdiction of Brisbane, Queensland.

15. Media Use & Marketing

• Artifex Contractors Pty Ltd reserves the right to photograph or record completed works for documentation, quality assurance, or promotional use (including website, social media, and marketing materials).

• Personal identifying details will not be disclosed without client consent.

• If the client does not wish for their property to be used in promotional content, this must be advised in writing prior to completion of works.

16. Standard Working Hours

• Our standard hours of operation are Monday to Friday, 6:00am to 6:00pm.

• Works performed outside these hours (including weekends and public holidays) may incur additional charges, unless otherwise agreed in writing.

17. Site Safety & Access

• The client must ensure the site is safe, accessible, and free from hazards prior to scheduled works.

• This includes securing pets, removing personal items, and disclosing known risks (e.g. asbestos, live wires, water damage).

• Artifex Contractors Pty Ltd reserves the right to delay or refuse work if the site is unsafe or access is restricted. Re-attendance fees may apply.

18. Access to Terms

These terms apply to all services provided by Artifex Contractors Pty Ltd. By accepting a quote or instructing works, the client agrees to be bound by them.

Contact:
admin@artifexcontractors.com
0422 359 001