Legal — Terms
How we work together
The terms that apply to this website, to quotes and bookings, and to painting and roof work carried out by Fusion in metropolitan Adelaide.
These terms cover two things: using this website, and engaging Fusion Painting & Roofing Pty Ltd to paint or maintain your property. Where we have given you a written quote or contract for a specific job, that document sets out the job-specific detail and takes priority. This page fills in everything around it.
01
About these terms
These Terms & Conditions apply when you browse this website, submit an enquiry, request or accept a quote, make a booking, or have work carried out by us.
If we issue you a written quote, contract or work order for a particular job, and anything in it conflicts with these terms, the written quote or contract for that job wins. These terms fill any gaps.
By using this website or accepting a quote you agree to these terms. If you do not agree, do not use the site and do not accept the quote.
These terms have been prepared as a plain-English framework for a residential painting and roofing business in South Australia. They are not a substitute for advice from a solicitor about your specific circumstances, and you should have them reviewed before relying on them for a significant contract.
02
Who we are
Fusion Painting & Roofing Pty Ltd (ABN 66 686 860 293). We provide residential house painting and roof maintenance services across metropolitan Adelaide, South Australia.
We operate under our company name. Where this website uses the shorter form Fusion, it refers to Fusion Painting & Roofing Pty Ltd.
We hold South Australian building work contractor licence BLD 344503 and building work supervisor licence BLD 343941, issued by Consumer and Business Services.
Contact: azi@fusionpaintingroofing.com.au · 0469 745 442
In these terms, we, us and our mean Fusion Painting & Roofing Pty Ltd. You means the person or entity engaging us, or using this website.
03
Using this website
You may use this website to learn about our services, read our notes and guides, and get in touch. You may not:
- use it for any unlawful purpose, or in a way that breaches these terms;
- attempt to gain unauthorised access to the site, its servers, or any connected system;
- introduce malicious code, or attempt to interfere with the site's operation or security;
- scrape, harvest or systematically extract content, contact details or images without our written permission;
- submit false, misleading or abusive content through our forms;
- reproduce our content commercially without permission (see section 14).
Accuracy of site content
We try to keep this website accurate and current, but the information on it — including guidance in our notes and guides, indicative timeframes, and general commentary about paints, coatings and roofing — is general information only. It is not advice about your particular property. Conditions vary enormously between houses, roofs, substrates and locations. Always get a site-specific assessment before acting.
Prices or price ranges shown on this website are indicative only and are not an offer. A price is only binding when it appears in a written quote we have issued to you.
Availability
We do not guarantee the website will be available without interruption or free of errors. We may change, suspend or withdraw any part of it at any time.
Third-party links
Where we link to another website, we do so for convenience. We do not control those sites and are not responsible for their content, products or privacy practices.
04
Quotes and estimates
- Enquiries are free. Submitting an enquiry through this website creates no obligation on either of us.
- A quote is an offer from us to you. A contract is formed only when you accept the quote in writing (including by email or by signing it) and we confirm.
- Quotes are valid for 30 days from the date of issue unless the quote says otherwise. After that we may re-price, particularly if material costs have moved.
- Quotes are based on what we could see. They assume the surfaces, substrate and structure are in the condition observed or described at the time of assessment.
- An estimate is not a quote. If we give you an indicative figure over the phone or by email before inspecting the property, it is an estimate and is not binding.
- Quotes are for the scope described. Anything not listed in the scope is not included — see section 10 on variations.
Things we commonly cannot see until we start
Roof and paint work regularly uncovers conditions that were not visible during assessment — rotten timber or fascia, rusted or cracked tiles and sheets, failed pointing, previous coatings that were not compatible or were poorly applied, asbestos-containing material, structural movement, water damage, mould behind fixtures, or lead-based paint on older homes.
Where we find something like this we will stop, tell you, explain the options and the cost, and only proceed on that item once you have approved it in writing. We do not do hidden work and then bill you for it.
05
Bookings and scheduling
You can book with us online through Setmore, our scheduling platform, or by phone or email. A booking made online is a request for a time — it is confirmed when we confirm it.
Once you accept a quote we will agree a start date or window with you. Please treat scheduled dates as targets rather than guarantees — exterior painting and roof work depend heavily on weather, and a delay on one job flows through to the next.
- We will give you as much notice as we reasonably can of a start date, a change to it, or a delay.
- A booking is not a contract for the work itself. Price and scope come from the quote.
- We may need to work in stages, or return to complete a stage, depending on drying times, curing times and weather windows.
- We may change booking platforms. Any change does not affect a booking already confirmed with you.
How we handle the information you enter when booking is set out in our Privacy Policy.
06
Cancellations, rescheduling and weather
Cooling off
For domestic building work contracts in South Australia, you generally have a cooling-off period of five clear business days after you receive a signed copy of the contract, under the Building Work Contractors Act 1995 (SA). If the contract was the result of an unsolicited approach at your home, a separate 10-business-day cooling-off period may apply under the Australian Consumer Law. Your written contract will tell you which applies and how to exercise it.
If you cancel or reschedule
- More than 48 hours before the agreed start: no charge. Tell us as early as you can and we will re-book you.
- Within 48 hours of the agreed start: we may charge for costs we have already incurred and cannot recover — for example custom-tinted paint ordered for your job, hired access equipment, or a booked crew we cannot redeploy. We will tell you what those costs are and provide evidence.
- After work has started: you pay for work completed to that point, plus materials supplied or ordered, plus any unavoidable costs of demobilising.
- Custom or special-order materials — tinted paint in particular — generally cannot be returned or resold and will be charged in full once ordered.
If we cancel or reschedule
We may reschedule for weather, illness, safety, equipment failure, or a delay on a preceding job. We will not charge you for a delay caused by us, and we will re-book you at the earliest practical opportunity. If we cancel the job entirely before starting, we refund any deposit in full.
Weather
We will not paint or work at height in conditions that would compromise the finish or the safety of our team — including rain, wet surfaces, high wind, extreme heat, or temperatures outside the manufacturer's stated application range. Weather delays are not a breach of these terms by either of us and do not attract a cancellation charge.
07
Access, site conditions and what we need from you
To carry out the work you agree to:
- give us safe, clear and unobstructed access to the property and the work areas on the agreed dates, including access to the roof, eaves and any yard we need to set up in;
- tell us in advance about anything that affects safety or the work — asbestos, lead paint, fragile roof sheeting, solar panels, skylights, unstable ground, dogs on the property, security systems, brittle or heritage materials, or a recent repair;
- move or protect vehicles, outdoor furniture, pot plants, barbecues, children's equipment and other valuables from the work area;
- secure pets away from the work area for the duration;
- provide access to power and water where the job needs it;
- tell us if you are not the owner, and obtain any consent required from the owner, body corporate, strata manager, landlord or neighbour, including for access over adjoining land;
- keep children and other people out of the work area while we are on site.
If we arrive and cannot access the property or start work for a reason within your control, we may charge a call-out fee reflecting the time and travel lost. We will always try to reach you before charging.
Many Adelaide homes built before the 1990s contain asbestos materials, and homes built before 1970 commonly have lead-based paint. Our quotes do not include asbestos removal, which must be carried out by a licensed asbestos removalist. If we identify suspected asbestos we will stop work in that area and tell you immediately. Where lead paint is present, additional containment and disposal requirements apply and will be quoted separately.
Existing conditions
We are not responsible for pre-existing defects, damage or deterioration we did not cause — for example cracked render, previously failed coatings, existing leaks, rusted flashing, or structural movement — except where our quote expressly includes rectifying them.
08
Colours, finishes and materials
- Colour selection is yours. Please confirm colour and finish in writing before we order. Once tinted paint is ordered it cannot be returned, and a change of mind after that is a variation you will be charged for.
- Colours look different in place. Screens, printed swatches and small sample pots all read differently to a full wall or roof in Adelaide light. We strongly recommend sample pots on the actual surface, viewed at different times of day.
- Sheen and texture vary with substrate. The same product can look different on render, weatherboard, fibre cement or previously painted surfaces.
- Existing surfaces will show through. Paint does not hide surface imperfections — dents, patches, texture differences, previous repairs and substrate movement will generally remain visible unless the quote includes making them good.
- Batch and fade variation. Slight variation between paint batches is normal, as is fading over time, particularly on north and west elevations and on roofs. This is not a defect.
- Manufacturer specifications govern. We apply products in accordance with the manufacturer's specification. Where you direct us to depart from it, we will tell you and we cannot warrant the result.
- Product warranties offered by paint and coating manufacturers are given by the manufacturer, not by us. We will pass on the details and assist you to make a claim.
Roof work specifically
Roof cleaning, restoration and repair can expose or accelerate the failure of tiles, sheets, pointing or fixings that were already at the end of their life. High-pressure cleaning in particular can dislodge existing damage. Where we assess a roof as fragile or near end-of-life we will tell you before starting, and we are not liable for the failure of components that were already compromised.
09
Price, deposits and payment
Price
The price is the amount in your accepted written quote. Unless the quote says otherwise, prices include GST.
How payment is staged
We normally take between 5% and 20% of the contract price before the job is finished, in two stages, with the balance on completion:
| Stage | When | Typical amount |
|---|---|---|
| Booking deposit | On acceptance of the quote — reserves your dates and covers materials ordered for your property | 5–10% of the contract price |
| Commencement payment | Once we have started work on site | A further 5–15% of the contract price |
| Balance | On completion | The remainder |
The exact percentages for your job are set out in your written quote.
The legal cap on the booking deposit
For domestic building work in South Australia, the amount we may require before work starts is capped by the Building Work Contractors Act 1995 (SA):
| Contract price | Maximum payable before work starts |
|---|---|
| $20,000 or less | $1,000 |
| More than $20,000 | 5% of the contract price |
Where our usual percentage would exceed that cap, the cap applies and we take the lower amount. On a $15,000 job a 10% booking deposit would be $1,500 — we would take $1,000. Any difference simply forms part of the commencement payment instead.
The commencement payment is a progress payment made after work has begun. It is not a deposit and is not subject to the cap above.
Progress payments
On larger or staged projects we may agree further progress payments in the written contract, tied to defined stages. Each progress claim covers work actually completed at the time of the claim.
Payment terms
- Final invoices are due 7 days from the date of invoice unless your quote or contract states otherwise.
- We accept bank transfer. Where card payment is offered, a surcharge may apply and will be disclosed before you pay.
- Overdue accounts may attract interest at a reasonable commercial rate, disclosed on the invoice, and we may recover reasonable costs of collection.
- You may not withhold payment for the whole job because of a minor defect. Tell us about it and we will fix it — see section 11.
Written contract threshold
For domestic building work in South Australia where the contract price exceeds the statutory threshold (currently $12,000), the law requires a written contract in the prescribed form. Where that applies we will provide one, and it will govern the job alongside these terms.
10
Variations and additional work
A variation is any change to the scope, materials, colour, finish or timing after the quote was accepted — whether requested by you or made necessary by something we found on site.
- We will not carry out variation work without your approval.
- We will tell you the cost and any effect on the timeline before proceeding.
- Approval by email or text message is sufficient, provided it is clear.
- Variations are invoiced with the final invoice unless agreed otherwise.
- Urgent safety work may occasionally need to be done immediately to make a site safe — we will contact you as soon as practicable.
11
Our workmanship warranty
We warrant our workmanship for 12 months from practical completion, in addition to — not instead of — the statutory warranties and consumer guarantees described in section 12.
What the warranty covers
Defects in the way we carried out the work — for example peeling, blistering, flaking or premature coating failure attributable to preparation or application, or a repair we made that has not held.
What it does not cover
- fair wear and tear, and normal fading, chalking or weathering over time;
- damage caused by storms, hail, extreme weather, fire, flood, fallen trees or other events outside our control;
- damage caused by other trades, by you, by pressure cleaning, or by later alterations to the property;
- failure caused by pre-existing defects, structural movement, rising or falling damp, or water ingress from a source we did not work on;
- failure of a product, where the fault is in the product itself — that is a manufacturer's warranty claim, and we will help you make it;
- surfaces or areas expressly excluded from the quote;
- work where you directed us to depart from the manufacturer's specification, or declined preparation work we recommended in writing.
Making a claim
Email azi@fusionpaintingroofing.com.au with the address, the date of the work, a description of the problem and photographs. We will arrange an inspection, usually within 14 days, and where the claim is valid we will rectify the work at no cost to you within a reasonable time.
Statutory warranties under the Building Work Contractors Act 1995 (SA) apply to building work and run for the period set by that Act — generally five years for defective building work — regardless of anything in this section.
12
Your rights under the Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
In particular, services must be supplied with due care and skill, be fit for any purpose you told us about, and be supplied within a reasonable time. Goods we supply must be of acceptable quality.
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, the Building Work Contractors Act 1995 (SA), or any other law that cannot lawfully be excluded. Where a term of ours conflicts with such a law, that law prevails and our term applies only to the extent it lawfully can.
13
Reviews, testimonials and content you submit
We publish customer reviews on this website, and we receive reviews through our Google Business Profile.
- Reviews must be your own honest opinion, based on your actual experience of our work.
- Do not post anything false, misleading, defamatory, offensive, or infringing someone else's rights, and do not include another person's personal details.
- We do not offer payment, discounts or other incentives in exchange for a positive review, and we will not ask you to remove a negative one.
- We do not filter reviews by rating. We may decline to publish or may remove content that breaches these terms, is off-topic, or is not from a genuine customer.
- By submitting a review or photograph to us, you grant us a non-exclusive, royalty-free licence to publish and reproduce it on this website and our marketing channels. You can withdraw a testimonial from this website at any time by emailing us.
- Reviews you post on Google are governed by Google's terms, and only you or Google can remove them.
Photographs of your property
We may photograph work we carry out for our portfolio and marketing. We will not publish images that identify your street address, and we will not use images of your property if you ask us not to — just tell us before or after the job.
14
Intellectual property
All content on this website — text, guides, photographs, graphics, layout, the Fusion name and logo — is owned by us or used under licence, and is protected by copyright and trade mark law.
You may view, download and print pages for your own personal, non-commercial use, and quote short extracts with attribution and a link. You may not republish, sell, or use our content or images commercially, or use them to train an automated system, without our written permission.
Third-party marks, product names and logos referred to on this site belong to their owners.
15
Liability
Read this section together with section 12 — nothing here limits rights that cannot lawfully be limited.
- Where we are permitted by law to limit our liability, our liability for a failure to comply with a consumer guarantee is limited, at our option, to resupplying the services or paying the cost of having them resupplied.
- We are not liable for indirect or consequential loss, loss of profit, loss of rent or loss of opportunity, except to the extent the law does not allow that exclusion.
- Our total liability arising out of a job is capped at the contract price for that job, other than for liability that cannot lawfully be capped — including liability for death or personal injury caused by our negligence, and liability under the Australian Consumer Law.
- We are not liable for loss or delay caused by events beyond our reasonable control, including severe weather, natural disaster, supply shortages, industrial action, or the acts of third parties.
- Nothing on this website is professional advice about your property, and we are not liable for loss arising from reliance on general website content in place of a site-specific assessment.
You are responsible for loss or damage we suffer because information you gave us about the property was materially wrong or incomplete.
16
Insurance, licensing and safety
- We hold South Australian building work contractor licence BLD 344503 and supervisor licence BLD 343941.
- We maintain public liability insurance. A certificate of currency is available on request.
- We comply with work health and safety obligations applying to our work, including working at height.
- We may direct that an area be kept clear, or that work stop, where we consider conditions unsafe.
- Where we engage subcontractors, we remain responsible to you for the work under your contract with us.
17
Privacy
We handle your personal information in accordance with our Privacy Policy, and this website uses cookies as described in our Cookie Policy. Both form part of these terms.
18
Complaints and disputes
If something is not right, tell us first. Most problems are quicker and cheaper to fix directly than through a formal process.
- Contact us — email azi@fusionpaintingroofing.com.au or call 0469 745 442. Set out what happened and what you would like done.
- We respond — we will acknowledge within 5 business days and, where an inspection is needed, arrange one within 14 days.
- We try to resolve it — both of us agree to negotiate in good faith before starting proceedings.
- External help — if we cannot resolve it, you can contact Consumer and Business Services SA on 131 882 or at cbs.sa.gov.au, or apply to the South Australian Civil and Administrative Tribunal.
Nothing in this section prevents either of us from seeking urgent injunctive relief.
19
Changes to these terms
We may update these terms from time to time — for example if we change our booking platform or the tools we use. The version published on this page at the time you accept a quote is the version that applies to that job. Continuing to use this website after a change means you accept the updated terms for website use.
20
General
- Governing law. These terms are governed by the law of South Australia, and both of us submit to the non-exclusive jurisdiction of the courts and tribunals of South Australia.
- Severability. If any part of these terms is found to be unenforceable, that part is severed and the rest continues to apply.
- No waiver. If we do not enforce a term straight away, that does not mean we have given up the right to enforce it later.
- Assignment. You may not transfer your contract with us without our written consent. We may assign ours as part of a sale or restructure of the business.
- Entire agreement. Your written quote or contract, together with these terms, our Privacy Policy and our Cookie Policy, is the whole agreement between us about the work.
- Notices. Notices may be given by email to the addresses we have used to deal with each other.
Ready to get a quote?
Tell us about the property and we will come back to you with a written scope and price.