Terms & Conditions
Terms and Conditions
Access to work areas: The client is responsible for providing unrestricted access to the designated work areas during the agreed hours of operation (Monday through Friday, 7:00 AM to 3:30 PM, unless otherwise agreed upon). This includes, but is not limited to, any necessary access keys and agreed upon entry through tenants' homes. Wetstop reserves the right to discontinue work and schedule alternative dates if disputes regarding access are recurrent or persistent.
Hours of work: Wetstops normal hours of work are Monday through Friday, 7:00 AM to 3:30 PM, unless otherwise agreed upon in writing by both parties. Wetstop shall make every effort to complete the work within these hours to minimize disruption to the client's operations. However, unforeseen circumstances may arise that may require work to be performed outside of these hours. In such cases, Wetstop shall provide the client with reasonable notice and coordinate with the client to minimise disruption.
Waste and material storage: In consideration of the nature of the work, the client must allocate an area for the temporary storage of materials and waste, preferably on the ground floor or basement and obtain clearance from relevant authorities. Wetstop will take measures to ensure the area is kept clean and organized daily and cleared on a weekly basis, with minimal usage of the allocated space. In instances where significant amounts of waste are generated, such as during a full roof rip-up and reinstallation, arrangements for on-site skip storage may be necessary.
Parking: In consideration of the loading and unloading of heavy materials and equipment, a designated parking space for a double cabbed utility vehicle is required, when available. The client is requested to obtain clearance from relevant authorities for on-site parking, if feasible.
Extreme Weather: It is to be anticipated and accommodated for that unforeseen adverse weather conditions, such as heavy rain, high winds, and extreme heat (including government-imposed fire bans), may result in the extension of the completion date for external waterproofing projects. Wetstop will make every effort to minimize delays when possible.
Insurance: Wetstop shall maintain in full force and effect insurance policies to protect the company and the client from any loss or damage arising out of or in connection with the services provided under this agreement. Such insurance shall include, but not limited to, the following coverage: workers' compensation insurance, as required by law, public liability insurance with a minimum coverage of $20,000,000. Wetstop shall provide the client with certificates of insurance evidencing the coverage required above, prior to the start of the work. The client shall have the right to review such certificates and request additional coverage if deemed necessary. Wetstop shall give prompt notice to the client of any cancellation, termination, or material change in any insurance policy.
Licenses and Permits: Wetstop shall obtain and maintain all necessary licenses, permits, and certifications required to perform the services under this agreement. Wetstop shall provide the client with copies of all licenses, permits and certifications upon request. The client shall be responsible for obtaining all necessary approvals and permits required for the project. If any licenses, permits, or certifications required by law are not obtained by the client, Wetstop shall not be responsible for any delay or additional cost incurred as a result.
Compliance with Laws and Regulations: Wetstop shall comply with all applicable federal, state, and local laws, regulations, and codes, including but not limited to the Building Code of Australia, the Environmental Planning and Assessment Act 1979, and all relevant Australian Standards (AS3740 - Internal Wet Areas, AS4654 - External Waterproofing) in the performance of services under this agreement. Wetstop shall obtain and maintain all necessary licenses, permits, and certifications required to perform the services. The client shall provide Wetstop with all necessary information and cooperation to comply with the laws and regulations. The client shall also be responsible to obtain all necessary approvals and permits required for the project.
Health and Safety: Wetstop shall comply with all applicable federal, state, and local laws, regulations, and codes related to health and safety in the performance of services under this agreement. Wetstop shall take all necessary precautions to ensure the safety of its employees, subcontractors, and anyone else affected by the work performed under this agreement. The client shall provide Wetstop with all necessary information and cooperation to comply with health and safety laws and regulations. The client shall also be responsible for ensuring the safety of its employees and anyone else affected by the work performed under this agreement. Wetstop shall provide a safe work environment that is free from recognized hazards that are likely to cause death or serious physical harm. Wetstop shall provide necessary personal protective equipment to its employees and shall ensure that it is used properly. In case of any accident, injury, or near-miss, Wetstop shall report it immediately to the client and take necessary action to prevent its recurrence. The client shall also report any accident, injury or near-miss to Wetstop.
Reporting and Inspecting: Wetstop shall provide the client with progress reports and updates on the work performed under this agreement, at the frequency and in the format agreed upon by both parties. The progress reports shall include, but not be limited to, the status of the work, any issues or problems encountered, and any proposed solutions. Wetstop shall allow the client or its representatives to inspect the work at any reasonable time during the performance of the services under this agreement. The client shall have the right to inspect the work to ensure that it is being performed in accordance with the terms of this agreement and all applicable laws and regulations. In case of any defects or non-conformance, Wetstop shall take necessary action to rectify them as soon as possible. The client shall have the right to stop the work if Wetstop fails to rectify the defects or non-conformance.
Confidentiality: Wetstop and the client shall treat as confidential any non-public information that is disclosed or made available to each other during this agreement, including but not limited to trade secrets, proprietary information, and business plans. Each party shall use the same degree of care to protect the confidentiality of such information as it uses to protect its own confidential information, but in no event less than a reasonable degree of care. Each party shall use the confidential information only for the purposes of fulfilling its obligations under this agreement. The above confidentiality obligations shall not apply to information that (i) is or becomes publicly available through no fault of the receiving party, (ii) was in the receiving party's lawful possession prior to the disclosure and had not been obtained by the receiving party either directly or indirectly from the disclosing party, (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure, or (iv) is independently developed by the receiving party without use of the disclosing party's confidential information.
Subcontracting: Wetstop shall have the right to subcontract any or all the services to be provided under this agreement, provided that Wetstop shall remain responsible for the performance of all subcontractors as if they were its own employees. Wetstop shall ensure that all subcontractors comply with the same terms and conditions of this agreement as if they were Wetstops employees. The client shall have the right to approve any subcontractors proposed by Wetstop, provided that such approval shall not be unreasonably withheld. Wetstop shall be fully responsible for all the services provided by its subcontractors and shall be liable for their acts or omissions as if they were its own. Wetstop shall ensure that all subcontractors have the necessary qualifications, licenses, and insurance coverage to perform the work required by this agreement.
Project variations: Any variations or changes to the scope of work outlined in the original quote must be agreed upon in writing by both parties prior to their implementation. The client shall provide written notice of any requested variations, including a description of the proposed changes and any associated cost implications. Wetstop shall provide written confirmation of acceptance of such variations and any associated cost implications before proceeding with the work. Wetstop shall not be responsible for any additional work or variations that are not agreed upon in writing. Any additional work or variations that are not included in the original quote will be invoiced separately and must be paid in accordance with the payment terms outlined in this agreement.
Aftercare and damage: The client bear the responsibility for safeguarding the installed membrane once work commences. Care must be taken to implement protective measures, such as the use of protection boards, and to prevent foreign objects, such as screws or shards, from penetrating the membrane. If the membrane is left exposed for prolonged periods on a building site before coverage (not recommended), it is advisable to conduct a visual inspection and consider a pressure wash. Any work or installation onto the installed membrane must be cleared with Wet Stop in writing and under no circumstances should the membrane be penetrated. Data sheets for the installed membrane must be consulted before installing finishing products, such as tiles, to ensure compatibility. If uncertain, please feel free to consult with Wetstop. Any damage caused to the membrane will void the warranty.
Builder's Tender: The client, who is acting as a builder, shall be responsible for the submission of any necessary tenders, including but not limited to, building permits, to the relevant authorities for the project. Wetstop shall provide all necessary information and documentation, as requested by the client, to assist in the submission of the tenders. The client shall keep Wetstop informed of the status of the tenders and shall provide copies of any approvals or permits received. Wetstop shall not commence any work on the project until all necessary tenders and approvals have been obtained and provided to Wetstop.
Governing Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the state of NSW without giving effect to any principles of conflicts of law. Any disputes arising out of or relating to this agreement shall be resolved exclusively in the state or federal courts located in the state of NSW. Both parties submit to the jurisdiction of these courts and waive any objections to venue or jurisdiction.
Indemnification: The Client shall indemnify and hold harmless Wetstop, its officers, employees, agents and assigns from and against any and all claims, demands, suits, judgments, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the services provided under this agreement, except to the extent that such claims, demands, suits, judgments, damages, losses, costs, and expenses are caused by the gross negligence or wilful misconduct of Wetstop. Wetstop shall indemnify and hold harmless the client, its officers, employees, agents and assigns from and against any and all claims, demands, suits, judgments, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the services provided under this agreement, except to the extent that such claims, demands, suits, judgments, damages, losses, costs, and expenses are caused by the gross negligence or wilful misconduct of the client. In the event of a claim, demand, suit or proceeding, the indemnified party shall give prompt notice to the indemnifying party, and the indemnifying party shall have the right to assume and control the defence thereof, including the right to settle the same, provided that the indemnifying party shall not settle any claim without the indemnified party's prior written consent if such settlement would impose any obligation or liability on the indemnified party or would result in an admission of guilt or liability by the indemnified party.
Dispute Resolution: In the event of a dispute or disagreement arising out of or in connection with this agreement, the parties shall use their best efforts to resolve the matter through friendly negotiation. If the parties are unable to resolve the dispute within 30 days after it arises, either party may initiate mediation in accordance with the rules of an agreed third-party mediation organization. If the dispute cannot be resolved through mediation, the parties shall be free to pursue any other legal or equitable remedies available to them.
Deposits, Payment schedule: A deposit is to be paid upon agreement and signing of the quote and terms of service, as outlined in the project schedule section of the quote, unless otherwise agreed. Once the deposit is received, the previously arranged start date will commence. The remaining balance will be invoiced and must be paid as detailed within the quote or within three working days of the completion of the quoted work. In the event of non-payment after three working days from the date of the final invoice, an overdue payment notice will be sent to the client via email and text message. If no payment is made within two working days of the late payment notice (five days overdue invoice), a late payment fee of $100 will be added. A final payment notice will be issued ten working days after that. If payment is still not received and notices are ignored, Wetstop reserves the right to explore debt collection or legal action at the cost to the client.
Non-Payments: In addition to the above, Wetstop reserves the right to discontinue work if payments fall behind schedule. If payments are not received as outlined in the agreement, the company will provide written notice to the client and give a reasonable opportunity to rectify the situation. If payment is not received within the specified time frame, Wetstop may choose to stop work until payment is received. If the client continues to fall behind on payments and fails to rectify the situation, the company may choose to terminate the agreement and pursue legal or debt collection actions at the client's expense. It's important to note that the specific terms and conditions of payment schedule should be agreed upon by both parties and included in the contract.
Termination of Contract: This agreement may be terminated by either party in the event of a material breach of any of the terms and conditions of this agreement by the other party, if the breach is not cured within 30 days after written notice of the breach is given. Either party may terminate this agreement upon written notice to the other party, if the other party becomes insolvent or bankrupt, or makes an assignment for the benefit of creditors, or if a receiver or trustee is appointed for such party or for a substantial part of its assets. Either party may terminate this agreement upon written notice to the other party, if the performance of this agreement is prevented or delayed by causes beyond the reasonable control of the party giving such notice, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fires, floods, earthquakes, accidents, strikes, lockouts, or labour disputes.
Warranty: Wetstop warrants that the work performed will be free from defects in materials and workmanship for a period of previously specified time. This warranty is non-transferable and applies only to the original client. In the event of a defect covered by this warranty, Wetstop will, at its option, repair or replace the defective work without charge. This warranty does not cover any defects or failures resulting from improper maintenance, alteration, misuse, or abuse of the work performed by the client or any third party. The client must notify Wetstop in writing of any defect covered by this warranty within 30 days of its discovery. Any warranty claim must be accompanied by proof of purchase. If Wetstop is unable to repair or replace the defective work, the client's sole remedy will be a refund of the amount paid for the defective work, pro-rated for the period during which the defect existed. This warranty is in lieu of all other warranties, expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose.
Warranty Terms, Limitations and Conditions
1. In the event of installation defects due to poor workmanship or improper installation of products, and listed on the present
certificate, which cause water infiltration to occur, WETSTOP will be liable for replacement or repair of waterproofing system.
The owner shall notify WETSTOP on the first business day immediately following the discovery of each and any leak to the
waterproofing and confirm in writing sent to business address listed on Certificate of compliance within one week.
2. If on WETSTOP’s inspection, WETSTOP determines the leak is caused by anything other than poor workmanship of installed
membrane detailed on the attached certificate or an incorrect installation of products , WETSTOP shall not be liable for
preventing the leak or any other relevant repairs.
3. This warranty does not apply and may be null and void if any of the following occur:
(a) The Waterproofing Membrane, is damaged by a natural disaster including, but not limited to, earthquake, lightning,
hail, peak wind gust, hurricane, tornado, or flood, as defined by The National Weather Service, or other acts of God, or:
(b) The Waterproofing Membrane or Accessory is damaged by any act of negligence, accident, or misuse including, but
not limited to, vandalism, falling objects, civil disobedience, or act of war, or:
(c) A deficient pre-existing condition or equipment is causing water entry, or:
(d) Metal work or other accessories or equipment is used in the Waterproofing and causes leaks, or:
(e) There are any alterations or repairs made on or through the completed Waterproofing Membrane, or objects such
as but not limited to fixtures, equipment, or structures are placed on or attached to the completed structure without
first obtaining written authorization from WETSTOP, or:
(f) Failure by the Owner or his lessee to use reasonable care in maintaining the Waterproofing System as described in
the Owner’s Guide provided with this warranty, including that of sealants and caulking, or:
(g) Loss of integrity of the building envelope and, or structure including, but not limited to partial or complete loss of
decking, wall siding, windows, doors or other envelope components or from damage by wind blown objects, or:
(h) Condensation accumulates in the waterproofing assembly, or:
(i) A significant change in the use of the building by the Owner or his lessee expected by WETSTOP to effect the
Waterproofing Membrane as originally installed, or:
(j) Abusive or abnormal use of the WETSTOP system, such as excessive traffic, stockpiling of materials or objects, use
as a storage area, or exposure to substances that may affect WETSTOP materials;
(k) Faulty property design or construction;
(L) Insufficient ventilation of the attic in buildings with vented attics;
(m) Inadequate positive slope or drainage causing premature granule loss;
(n) Defects or underperformance, of any nature whatsoever, movement or deterioration of a material adjacent to the
system covered by the warranty, or any defects in the property structure or abnormal movement thereof
(o) The Waterproofing Membrane is damaged by contaminates and/or spills, or:
(p)The owner uses incompatible materials on top of or in contact with waterproofing without consulting manufacturer
of products and WETSTOP about compatibility.
(q) The Owner fails to comply with every term and condition stated herein.
4. During the period of this warranty, WETSTOP, its agents and employees, shall have free access to the building during regular
business hours when required.
5. Should the Waterproofing Membrane be concealed, the Owner shall be responsible for all costs relating to, resulting from or
connected with, the exposure of the Waterproofing Membrane for purposes of WETSTOP’s investigation and/or repair, such as
removal and replacement of any concrete, paving, backfill or overburden, as well as any costs associated with any electronic leak detection equipment or services or other leak detection methodology utilized in the investigation of the leak unless strong
evidence of poor workmanship or incorrect installation of waterproofing membrane exists before or after membrane exposure.
6. WETSTOP shall have no obligation under this warranty until all invoices for materials, installation, and services provided by
WETSTOP have been paid for in full.
7. WETSTOP’s failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of
8. This warranty may be transferred to subsequent owners of the property provided written notice and email is sent to
WETSTOP at the mentioned addresses on certificate of compliance within thirty (30) days of change of ownership, failing which,
the warranty shall be null and void.
9. The warranty holder’s recourse as described by this warranty is the sole and exclusive recourse in the event of a claim under
this warranty or a claim in any way related to the installation, and excludes all other types of claim, including for regular wear,
change in appearance or variation in colour or tone.
10. This warranty shall be governed by and construed in accordance with the federal laws of Australia as applicable in Australia
and the laws of New South Wales. Any claim or controversy arising out of or related to this warranty or any breach hereof shall
be submitted to arbitration at the Australia International Arbitration Centre (AIAC) and shall be finally settled
under the latest version of the rules of AIAC in force. The seat of the arbitration shall be New South Wales. The language of the
arbitration shall be English. There shall be one (1) arbitrator
11. The Owner is deemed to have understood and accepted the nature and scope of each clause of this warranty unless
explanations were asked in writing from WETSTOP within thirty (30) days of the date of issue. It is also the Owner’s sole
responsibility to exercise proper maintenance, as recommended by WETSTOP’s MAINTENANCE GUIDE.
12. Stakeholders (including agents, suppliers, representatives, and employees) of WETSTOP are not authorized to alter this
warranty in any way whatsoever. No warranties or obligations, whether express or implied and whether of a legal nature or not,
shall extend the scope of the present warranty. In the event an individual term or provision of this warranty is declared null and
void by a Court or an International Arbitration Center, the other terms and provisions of the warranty shall retain their full force
and effect and not be nullified in any way.