Terms and conditions
1. Definitions
In these Terms and Conditions, unless the context otherwise requires:
“Lexi Painting” means NEXERA GROUP PTY LTD T/A LEXI PAINTING, including its directors, employees, subcontractors, and authorised representatives engaged to carry out the works.
“Client” means the individual, company, partnership, trustee, or other legal entity that requests, accepts, or engages the services of Lexi Painting.
“Works” means all painting services, surface preparation, patching, caulking, coatings, materials, and related tasks to be provided by Lexi Painting, as described in the accepted quotation, invoice, scope, or variation.
“Quotation” or “Quote” means the written offer provided by Lexi Painting to the Client outlining the proposed scope of works, pricing, payment terms, exclusions, and any special conditions.
“Site” means the property, premises, or location where the works are to be carried out, including any access points, surrounding structures, and relevant work areas.
“Variation” means any change to the agreed scope of works, materials, method of delivery, timing, sequencing, or access arrangements, whether requested by the Client or made necessary by site conditions or third-party interference.
“Business Day” means any day other than a Saturday, Sunday, or public holiday in the state of New South Wales.
“Completion” means the stage at which Lexi Painting has finished the agreed works in accordance with the accepted quotation and any approved variations, subject to minor defects or touch-ups not preventing practical use of the space.
“Deposit” means the initial payment required to secure the booking and confirm commencement of the works, as specified in the quotation.
“Progress Payment” means any staged or milestone-based payment due during the works, as outlined in the quotation, invoice, or payment schedule.
“Statutory Warranty” refers to warranties implied into residential building work under Part 2C of the Home Building Act 1989 (NSW), including but not limited to section 18B.
“SOPA” refers to the Building and Construction Industry Security of Payment Act 1999 (NSW), which governs payment rights for construction-related services.
“Terms” means these Terms and Conditions in full, including any amendments or written modifications agreed by the parties.
2. Application of Terms
2.1 These Terms and Conditions apply to all painting and related services provided by Lexi Painting, whether the engagement arises from:
(a) a signed or accepted quotation;
(b) an issued invoice or progress claim;
(c) written instructions, including email or text; or
(d) verbal authorisation to commence works.
2.2 By accepting a quotation, paying a deposit, or instructing Lexi Painting to begin works, the Client is deemed to have read, understood, and agreed to be bound by these Terms in full.
2.3 These Terms prevail over any conflicting terms presented by the Client, including those in purchase orders or other documents, unless expressly agreed to in writing by Lexi Painting.
2.4 No amendment, variation, or waiver of these Terms is valid unless:
(a) made in writing; and
(b) acknowledged or signed by an authorised representative of Lexi Painting.
2.5 If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.
3. Formation of Agreement
3.1 A binding contract is formed when the Client:
(a) signs or otherwise accepts the quotation in writing (including by email or text);
(b) provides verbal or written confirmation to proceed; or
(c) pays a deposit or permits Lexi Painting to commence any part of the works—whichever occurs first.
3.2 By accepting the quotation, the Client is deemed to have read, understood, and agreed to these Terms and Conditions in full. This includes agreement to:
(a) the proposed scope of works and any specified exclusions;
(b) the payment schedule and invoicing structure outlined in the quotation or otherwise agreed in writing;
(c) all site access, substrate condition, and material disclosures required under Clauses 8, 11, and 14.
3.3 Where a written quotation has been accepted by a third party (such as a builder, agent, or representative), that party is taken to have full authority to bind the Client to these Terms.
3.4 Lexi Painting may, at its discretion, issue a revised quotation where scope, access, or conditions materially differ from those initially assumed or represented. Acceptance of a revised quotation also constitutes acceptance of the full Terms and Conditions.
4. Quotation and Pricing Validity
4.1 All quotations issued by Lexi Painting are valid for a period of thirty (30) calendar days from the date of issue, unless otherwise stated in writing.
4.2 Lexi Painting reserves the right to revise, withdraw, or reissue a quotation if:
(a) the validity period has expired;
(b) there has been a material change in labour or material costs, product availability, or access conditions; or
(c) new information comes to light that materially alters the scope or feasibility of the works.
4.3 Quotations are based on surface and site conditions reasonably described or assumed at the time of inspection or quoting. Should any previously unknown or undisclosed condition arise, Lexi Painting may adjust the quotation accordingly. Such adjustments may constitute a variation under Clause 15.
4.4 A quotation is not a binding contract until it is formally accepted in accordance with Clause 3.1. Lexi Painting is not required to honour expired or outdated quotations unless agreed in writing.
5. Scope of Works and Exclusions
5.1 Lexi Painting agrees to carry out the works as expressly described in the accepted quotation. This includes only the specific items, surfaces, and tasks listed, and excludes any items not mentioned.
5.2 The quotation will typically include:
(a) the contract price (including GST, if applicable);
(b) areas or surfaces included for preparation and painting;
(c) nominated paint systems, including brand, product, finish, and number of coats; and
(d) any agreed exclusions, special conditions, or notes relevant to the project.
5.3 Unless explicitly stated in writing, the contract does not include:
(a) structural, carpentry, electrical, plumbing, waterproofing, rendering, or other non-painting trade works;
(b) pH testing, salinity testing, moisture readings, or substrate compatibility analysis;
(c) specialist surface treatments or coatings beyond the standard paint system; or
(d) investigation or remediation of latent substrate issues such as efflorescence, tannin bleed, water ingress, or oil migration.
5.4 The Client remains responsible for presenting all surfaces in a paint-ready condition, as required under Clause 10 and Clause 11. Lexi Painting will not be liable for performance or visual issues caused by surfaces outside the scope or condition reasonably assumed at the time of quoting.
5.5 Unless otherwise agreed, the following items are excluded from the standard scope of works and will only be included if clearly stated in the quotation:
(a) ceilings over 2.7 metres in height;
(b) internal surfaces of cupboards, wardrobes, or cabinetry;
(c) garage floors, fences, gates, decking, pergolas, retaining walls, or sheds;
(d) power points, light switches, air conditioning vents, or electrical plates;
(e) internal shelving or fixtures not fixed in place at the time of works;
(f) surfaces obstructed, unsafe, or inaccessible without specialist equipment.
5.6 Any item requested after the quotation is accepted, or discovered to require additional work beyond what was quoted, shall constitute a variation and be priced in accordance with Clause 15.
6. Materials, Products, and Substitutions
6.1 Unless otherwise agreed in writing, Lexi Painting will supply all materials required to complete the works. This includes primers, undercoats, topcoats, patching compounds, caulking, and other consumables.
6.2 All materials will be of professional-grade quality and selected at Lexi Painting’s discretion, based on the site and substrate conditions reasonably observed at the time of quotation and commencement.
6.3 Where nominated or preferred products are discontinued, delayed, or commercially unavailable, Lexi Painting reserves the right to substitute an equivalent or superior product from a reputable manufacturer. Unless the Client objects in writing prior to use, such substitution will not be deemed a variation.
6.4 The use of substitute materials under Clause 6.3 does not entitle the Client to delay, dispute, or reject the works, provided the substituted product meets or exceeds the originally specified performance.
6.5 Lexi Painting applies all materials in accordance with the manufacturer’s specifications and standard trade practice. Where a product is applied correctly and later fails due to factors beyond Lexi Painting’s control, liability (if any) shall lie with the product manufacturer.
6.6 Lexi Painting offers no warranty on materials not selected or supplied by Lexi Painting. Any failure of such materials will not be considered a defect attributable to Lexi Painting.
6.7 Lexi Painting shall not be liable for aesthetic issues, staining, or coating failure arising from tannin bleed or natural oil migration from timber surfaces. For clarity, this includes known issues with timbers such as merbau, cedar, or other resin-rich substrates. Refer to Clause 11 for Client responsibilities in disclosing timber risks and requesting specialised treatment.
7. Client-Supplied Materials and Instructions
7.1 Where the Client supplies any paint, primer, sealer, or coating. or instructs Lexi Painting to use a specific brand, product, or system not included in the accepted quotation, the Client accepts full responsibility for:
(a) the performance, compatibility, and appearance of those materials;
(b) ensuring the product is suitable for the nominated substrate and environmental conditions; and
(c) providing accurate information about prior treatments or surface conditions.
7.2 Lexi Painting expressly disclaims all liability for:
(a) poor adhesion, flaking, blistering, staining, or failure caused by incompatible or unsuitable products;
(b) premature wear or failure resulting from improper selection, storage, or mixing of materials; and
(c) aesthetic issues including discolouration, inconsistent sheen, or patchiness caused by product limitations.
7.3 The Client acknowledges that the use of Client-supplied or nominated products voids any warranty that would otherwise apply under Clause 6 or the statutory warranties under section 18B(1)(c) of the Home Building Act 1989 (NSW).
7.4 If Lexi Painting is instructed to apply materials that it reasonably believes to be unsuitable or inconsistent with professional standards, Lexi Painting reserves the right to:
(a) refuse to proceed until suitable alternatives are agreed; or
(b) proceed under a written indemnity from the Client assuming full risk.
7.5 Any rectification required as a result of product failure, incompatibility, or application under Client instruction shall be treated as a variation and charged accordingly under Clause 15.
8. Colour Selections and Finish Expectations
8.1 The Client is solely responsible for selecting and confirming all colours, finishes, and sheen levels prior to the commencement of works. Lexi Painting may offer general guidance or sample applications, but final decisions rest with the Client.
8.2 All colour selections must be confirmed in writing. If the Client fails to do so before the scheduled start date, Lexi Painting reserves the right to:
(a) delay commencement and charge for demobilisation or lost time; or
(b) proceed with a default or placeholder colour previously discussed or listed in the quotation, at Lexi Painting’s discretion.
8.3 Once painting has commenced, any request to change colour, sheen, finish, or product will be treated as a variation under Clause 15 and may incur additional charges for labour, materials, and rework.
8.4 Lexi Painting is not liable for dissatisfaction with selected colours or finishes where:
(a) samples or brushouts were approved prior to commencement;
(b) variations arise due to lighting, substrate texture, sheen level, or ambient conditions;
(c) product performance is consistent with manufacturer specifications.
8.5 Variations in appearance including colour shift, patchiness, or finish irregularities, caused by environmental factors or inherent substrate characteristics shall not be considered defects unless directly attributable to Lexi Painting’s workmanship or material failure.
9. Access, Site Attendance, and Supervision
9.1 The Client must ensure Lexi Painting has safe, continuous, and unobstructed access to the Site for the full duration of the works. This includes access to:
(a) all internal and external work areas;
(b) a functional power and water supply; and
(c) suitable paths of entry for personnel, tools, and materials.
9.2 Access must be available during normal working hours (typically 7:00 am to 5:00 pm, Monday to Saturday), unless otherwise agreed in writing.
9.3 A responsible person, such as the Client, builder, or authorised supervisor, must be present or readily contactable during all scheduled works to provide access, approvals, or site instructions as required.
9.4 Lexi Painting shall not be liable for any delays, rebooking, or downtime caused by:
(a) locked or inaccessible work areas;
(b) unsafe or non-compliant conditions;
(c) absence of a designated site representative.
9.5 Where Lexi Painting attends the site but is unable to proceed due to any of the above, Lexi Painting reserves the right to:
(a) suspend or defer works; and
(b) charge the Client for the failed attendance, including travel, labour standby, and return costs, as a variation in accordance with Clause 15.
9.6 Any requirement for after-hours access, staged working times, or coordination with other trades must be disclosed prior to commencement. Undisclosed requirements may result in delay, additional charges, or deferral of works.
10. Site Readiness and Trade Coordination
10.1 It is a condition precedent to the commencement of works that the Site is fully prepared and ready for painting in accordance with the accepted quotation and these Terms.
10.2 The Client, or their nominated builder or representative, must ensure that the following conditions are met prior to Lexi Painting’s attendance:
(a) all relevant building elements are fully installed, including skirtings, architraves, ceilings, doors, and cladding;
(b) all nail holes are properly punched and surfaces are presented in a paint-ready condition, as outlined in Clause 14;
(c) surfaces are dry, clean, and free from dust, oil, mould, efflorescence, or construction debris;
(d) any patching, repairs, sanding, or sealing not included in Lexi Painting’s quotation has been completed;
(e) no other trades are obstructing, contaminating, or impeding the work area, and access is clear and safe.
10.3 Lexi Painting provides preparation services such as caulking and nail-hole filling as a single application per surface. Rework caused by progressive fix-outs, damage from other trades, or unready areas will be charged as a variation under Clause 15.
10.4 Lexi Painting follows a continuous trade workflow and is not obligated to stage works or return due to project mismanagement or lack of readiness.
10.5 If the site is not ready upon arrival, Lexi Painting may:
(a) suspend or reschedule the works; and
(b) charge for demobilization, return visits, loss of labour, or extra preparation, which shall be invoiced as a variation.
11. Surface Preparation and Substrate Requirements
11.1 The Client and/or builder is solely responsible for ensuring that all surfaces to be painted (the substrates) are suitable for the nominated paint system and free from defects or contaminants prior to Lexi Painting commencing works.
11.2 Substrates include, but are not limited to:
(a) brickwork, blockwork, and rendered masonry;
(b) plasterboard and fibrous cement sheeting;
(c) timber, including hardwoods, softwoods, engineered products, and resinous species such as merbau or cedar;
(d) composite cladding, metal panels, and prefinished surfaces;
(e) any surface previously coated or treated with sealers, oils, or chemicals.
11.3 Lexi Painting relies on the Client’s representations and does not carry out scientific testing (e.g. pH, moisture, salinity, porosity, adhesion) unless agreed to in writing. Visual assessment alone is not a substitute for full substrate testing.
11.4 Lexi Painting shall not be liable for coating failure, discolouration, adhesion loss, or aesthetic defects where:
(a) latent or known substrate issues exist (e.g. tannin bleed, salt efflorescence, residual moisture);
(b) the substrate is non-standard, resin-rich, or requires specialised primers/sealers not included in the quote;
(c) relevant information was withheld, omitted, or not disclosed in writing;
(d) Lexi Painting applied the product in accordance with manufacturer specifications and standard trade practice.
11.5 In particular, the Client acknowledges that timber is a natural material subject to moisture, tannin migration, and seasonal movement. Lexi Painting shall not be liable for staining, bleed-through, or coating failure caused by:
(a) tannin-rich or oily timbers such as merbau, cedar, redwood, or spotted gum;
(b) the Client’s failure to allow adequate drying, weathering, or stabilisation; or
(c) a lack of prior disclosure or written instruction for use of tannin-blocking or oil-sealing systems.
11.6 The Client must disclose in writing any known or suspected issues with substrate condition or previous treatment. Failure to do so releases Lexi Painting from liability for any related coating failure.
11.7 Where rectification is required due to undisclosed or incompatible substrates, Lexi Painting will treat the work as a variation under Clause 15.
11.8 Unless agreed otherwise, Lexi Painting is entitled to rely on the appearance of surfaces and assume they are stable, cured, and compatible with the nominated paint system.
11.9 The Client and/or builder must confirm that masonry and porous surfaces:
(a) are sealed (if required),
(b) are free from salt residue and efflorescence, and
(c) are suitable for direct painting.
In the absence of written confirmation, Lexi Painting shall not be liable for resulting paint failure or staining.
11.10 Where substrate issues are revealed after application (e.g. moisture leaching, movement, or bleed-through), responsibility for those defects rests with the Client or builder unless they were fully disclosed and addressed before works began.
12. Pre-existing Conditions and Coating Failures
12.1 Lexi Painting shall not be liable for any defects, deterioration, or performance failures where such issues are caused in whole or in part by pre-existing conditions, including:
(a) prior coatings, sealers, or finishes applied by others;
(b) defective or incomplete surface preparation by other trades;
(c) moisture ingress, rising damp, condensation, or failed waterproofing membranes;
(d) unstable, powdery, friable, or excessively porous substrates not reasonably identifiable during quoting.
12.2 If any such condition is discovered during the works, Lexi Painting will:
(a) notify the Client in writing;
(b) suspend works in the affected areas; and
(c) require the Client to investigate and rectify the issue at their own cost before painting resumes.
12.3 If the Client instructs Lexi Painting to proceed despite known or suspected substrate issues (including dampness, poor adhesion, or pre-existing coatings), Lexi Painting:
(a) shall not be liable for any resulting failure or rework; and
(b) reserves the right to void all warranties for the affected areas.
12.4 The Client acknowledges that painting over substrates with unresolved moisture or compatibility issues is undertaken entirely at the Client’s risk.
12.5 In such cases, any rectification, cleaning, or repainting required will be treated as a variation under Clause 15 and charged accordingly.
13. Site Cleanliness and Surface Protection
13.1 The Client must ensure that a clean, controlled, and orderly environment is maintained for the duration of Lexi Painting’s works. This includes:
(a) preventing trades, site personnel, or others from interfering with prepared or painted surfaces;
(b) avoiding damage, scuffing, or marking of freshly painted areas caused by tools, equipment, or construction activity;
(c) implementing adequate protection measures (e.g. drop sheets, barriers) where foot traffic or continued access is unavoidable.
13.2 Lexi Painting’s standard preparation and patching is limited to one application per surface. Rework caused by ongoing construction activity or damage by others is outside Lexi Painting’s responsibility and will be treated as a variation under Clause 15.
13.3 The Client is responsible for protecting painted surfaces after application and prior to handover or occupation. Lexi Painting is not liable for post-application damage or contamination unless caused directly by its workers.
13.4 Where Lexi Painting identifies damage, contamination, or surface interference caused by other trades, pets, or environmental conditions, it reserves the right to:
(a) decline warranty coverage for the affected areas; and
(b) charge the Client for any additional cleaning, surface rectification, or repainting as a variation.
13.5 Aesthetic inconsistencies such as dust nibs, texture marks, or overspray caused by third parties or site conditions are not considered defects under the Home Building Act 1989 (NSW) unless they arise solely from Lexi Painting’s workmanship.
14. Client Responsibilities and Indemnity
14.1 The Client acknowledges that the success, durability, and visual outcome of painting works depend heavily on proper site preparation, substrate conditions, material compatibility, and coordination with other trades.
14.2 The Client is responsible for:
(a) ensuring all surfaces are paint-ready, clean, dry, stable, and structurally sound;
(b) disclosing all relevant substrate details, previous coatings, or known issues prior to commencement;
(c) ensuring site access, readiness, and cleanliness in accordance with Clauses 9 and 10;
(d) coordinating other trades to avoid interference with painting works, particularly after surface preparation or during drying/curing periods.
14.3 The Client bears full liability for:
(a) any coating defects, damage, or failure resulting from defective substrates, contamination, or prior treatments not disclosed;
(b) damage caused by trades working in the same area during or after Lexi Painting’s engagement;
(c) aesthetic defects, adhesion issues, or delays caused by interference, foot traffic, dust, or poor site conditions.
14.4 Lexi Painting shall not be liable for any rework, delay, or surface failure where:
(a) instructions provided by the Client contradict Lexi Painting’s advice or manufacturer recommendations;
(b) the Client supplied or nominated incompatible products;
(c) other parties interfere with the work, damage surfaces, or prevent completion of painting in a continuous workflow.
14.5 Any rectification or return attendance required due to Client omissions, misrepresentations, site mismanagement, or damage caused by others will be invoiced as a variation under Clause 15.
14.6 Where the Client is a builder or principal contractor, they are deemed to be in control of all substrate materials and preparation. They accept full responsibility for ensuring suitability for paint application. Lexi Painting shall not be liable for failures caused by poor workmanship, incorrect material selection, or oversight by the builder or their subcontractors.
14.7 Where the Client, builder, or third party instructs Lexi Painting to carry out works contrary to professional advice (e.g. painting over damp or contaminated surfaces), the Client agrees to fully indemnify Lexi Painting against any resulting damage, failure, or loss.
14.8 The Client is responsible for disclosing all timber types prior to commencement. Failure to identify tannin-prone or oil-rich timbers (such as merbau, cedar, or hardwoods) may result in staining, bleed-through, or coating failure, for which Lexi Painting accepts no liability. Any rectification required due to such issues shall be treated as a variation.
15. Variations to Scope or Schedule
15.1 Any alteration to the original scope of works, whether relating to materials, colours, finishes, surface conditions, access, timing, sequencing, or coordination with other trades, shall constitute a variation.
15.2 Lexi Painting is not obligated to proceed with any variation unless:
(a) the variation is agreed to verbally or in writing by both parties; and
(b) the Client has approved the associated cost, timeframe adjustment, and revised conditions.
15.3 Variations may arise from, but are not limited to:
(a) changes requested by the Client after acceptance of the original quotation;
(b) discovery of unforeseen or undisclosed site conditions (e.g. moisture ingress, incompatible substrates);
(c) delays or interference caused by other trades, poor site access, or weather conditions;
(d) errors or omissions in Client-supplied drawings, product selections, or verbal instructions;
(e) substitution of discontinued or unavailable products;
(f) increased coating volume or number of coats required due to porosity, colour change, or revised Client preferences;
(g) requests for staged attendance, after-hours work, or additional protection measures.
15.4 All approved variations will be charged in addition to the original contract sum. Lexi Painting may:
(a) issue interim invoices for variations as they occur; or
(b) include variation costs in the final invoice, depending on timing and project progress.
15.5 Lexi Painting reserves the right to suspend or delay any portion of the works affected by a proposed or required variation until the variation has been agreed in writing. Any resulting disruption to the schedule shall not be considered a breach of contract.
15.6 Where variations are necessary due to conditions beyond Lexi Painting’s control, they will be charged at Lexi Painting’s standard rates unless otherwise agreed.
16. Project Scheduling and Delays
16.1 Upon acceptance of the quotation and payment of the required deposit, Lexi Painting will allocate the works within its project schedule. Standard lead time for commencement is typically three (3) weeks, subject to availability, project size, material supply, and weather conditions.
16.2 All proposed start dates are indicative only and are not binding until confirmed in writing by Lexi Painting.
16.3 If the Client causes a delay to the agreed start date, or obstructs progress after commencement, Lexi Painting reserves the right to:
(a) reschedule the works to the next available opening in its program;
(b) adjust pricing to reflect increased labour or material costs; and
(c) charge a remobilisation or standby fee as a variation under Clause 15.
16.4 The Client must provide a minimum of three (3) full Business Days’ written notice to reschedule or postpone any works. Failure to do so may result in Lexi Painting charging for:
(a) labour loss or disruption to scheduling;
(b) material preparation or pre-ordering costs; and
(c) demobilisation, administration, or site-specific expenses.
16.5 If the Client pauses or defers a project for more than fourteen (14) calendar days for reasons not caused by Lexi Painting, Lexi Painting may:
(a) re-quote the remaining works based on updated site and market conditions;
(b) charge a variation for reattendance and resource reallocation; and
(c) withhold further works until outstanding variations or schedule changes are resolved.
16.6 Delays caused by the Client, their agents, or other trades shall not reduce Lexi Painting’s right to recover payment for completed stages, preparatory work, or delays incurred.
17. Environmental and Force Majeure Conditions
17.1 Lexi Painting reserves the right to postpone, suspend, or reschedule any part of the works where, in its professional judgment, environmental or external conditions make it unsafe, impractical, or inadvisable to proceed. This includes, but is not limited to:
(a) rain, extreme humidity, or wet surfaces;
(b) excessive heat, cold, or high wind;
(c) unsuitable substrate temperature or drying conditions;
(d) environmental contamination, dust storms, or airborne debris;
(e) natural disasters, bushfires, floods, or severe weather events.
17.2 Lexi Painting shall not be liable for any delay, disruption, or failure to perform caused by force majeure events or conditions beyond its reasonable control, including but not limited to:
(a) site inaccessibility or unsafe work areas;
(b) delays caused by the Client or third parties;
(c) unavailability of labour, equipment, or materials due to supplier or freight issues;
(d) accidents, theft, vandalism, or break-ins;
(e) pandemics, government restrictions, or public health orders;
(f) industrial action or trade union interference;
(g) compliance with any legal or regulatory requirements.
17.3 In the event of a delay under this clause, Lexi Painting may:
(a) suspend works without liability until the issue is resolved;
(b) revise the project timeline and communicate new estimated dates; and
(c) recover reasonable costs associated with the delay, including return visits, storage, rebooking, or demobilisation.
17.4 Delays or schedule changes arising from force majeure or adverse environmental conditions do not constitute breach of contract or grounds for cancellation, withholding payment, or compensation, provided Lexi Painting continues to perform with reasonable care once the conditions improve.
18. Work Health and Safety
18.1 Lexi Painting is committed to maintaining a safe, compliant, and legally responsible work environment in accordance with the Work Health and Safety Act 2011 (NSW) and all applicable regulations, Codes of Practice, and site-specific safety protocols.
18.2 Prior to commencement, the Client must inform Lexi Painting in writing of any known or suspected safety hazards on site, including but not limited to:
(a) unstable structures, damaged areas, or partially completed construction;
(b) exposed or live electrical wiring or installations;
(c) the presence or risk of asbestos, lead paint, silica, or other hazardous materials;
(d) contamination from chemicals, mould, waste, or biohazards;
(e) confined spaces, restricted access zones, or elevated work areas;
(f) any other environmental, physical, or legal hazards that could endanger personnel.
18.3 Lexi Painting reserves the right to delay, suspend, or vacate the site if, in its professional judgment, conditions are unsafe or non-compliant with WHS laws. The Client will be notified immediately, and works may not resume until the issue is rectified to Lexi Painting’s satisfaction.
18.4 All time lost, reattendance, additional safety controls, or costs incurred due to unsafe site conditions will be charged as a variation under Clause 15.
18.5 The Client must not allow unauthorised persons, pets, or trades to enter active work zones or interfere with materials, tools, or personnel without Lexi Painting’s prior written consent.
18.6 Lexi Painting is not liable for injury, delay, or damage resulting from the Client’s failure to provide a safe work environment or to follow agreed safety procedures. The Client indemnifies Lexi Painting against all claims, losses, or liabilities arising from such failure.
19. Completion and Post-Completion Liability
19.1 Lexi Painting’s works are deemed complete when the agreed scope of works has been finished in accordance with the quotation and any approved variations, subject to minor touch-ups or defects that do not prevent practical use or occupancy.
19.2 After completion, Lexi Painting is not responsible for any deterioration, damage, or surface marking caused by:
(a) subsequent trades, contractors, or construction works;
(b) cleaners, maintenance staff, or equipment;
(c) pets, residents, or unauthorised persons;
(d) weather events, dust, moisture, or exposure;
(e) neglect, misuse, or failure to protect painted surfaces post-completion.
19.3 The Client is solely responsible for ensuring all painted surfaces are protected following completion and prior to handover or occupation.
19.4 Any request for touch-ups, repairs, or additional work must be made in writing and will only be considered where:
(a) the issue is a verified defect arising from Lexi Painting’s workmanship or materials; and
(b) the affected area has not been altered, damaged, or exposed to third-party interference.
19.5 Lexi Painting reserves the right to inspect and assess the cause of any reported issue. Where Lexi Painting determines the defect is not related to its workmanship or materials, the rectification request will be treated as a variation and invoiced at standard rates.
19.6 This clause operates alongside the warranties outlined in Clause 24 and the statutory protections under the Home Building Act 1989 (NSW). Lexi Painting’s responsibility does not extend to areas damaged, altered, or contaminated after practical completion.
20. Payment Terms and Security of Payment Rights
20.1 Payment terms are as outlined in the accepted quotation and may include one or more of the following:
(a) a non-refundable deposit payable upon acceptance to secure the booking and allocate resources;
(b) progress payments tied to specific stages or milestones;
(c) a final balance payable immediately upon practical completion.
20.2 All invoices issued by Lexi Painting are payable within seven (7) calendar days from the invoice date unless otherwise agreed in writing.
20.3 In the event of late or non-payment:
(a) Lexi Painting may suspend works without liability until payment is received;
(b) interest will accrue at a rate of 10% per annum, calculated daily on all overdue amounts;
(c) the Client will be liable for all recovery costs, including legal fees, debt collection, and administrative charges.
20.4 Lexi Painting may exercise its rights under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) to issue a payment claim for:
(a) work performed under accepted quotations or variations;
(b) preparatory work, site attendance, or materials procured;
(c) work authorised verbally or via email/text by the Client or their representative.
20.5 Any dispute regarding an invoice must be raised in writing within three (3) calendar days of receipt. Failure to respond within this time will be taken as acceptance of the invoice in full.
21. Deposit, Cancellation, and Termination
By accepting the quotation in accordance with Clause 3, the Client expressly agrees to the payment structure and schedule specified in the quotation or otherwise agreed in writing. This may include:
(a) a non-refundable deposit payable to secure scheduling and procurement;
(b) one or more progress payments tied to milestones, site attendance, or completion of defined stages;
(c) a final balance payment due immediately upon practical completion or substantial completion of the works.
Failure to comply with the agreed payment schedule may result in the suspension of works, application of interest, or recovery action in accordance with Clauses 20.3, 21, and the Building and Construction Industry Security of Payment Act 1999 (NSW).
21.2 If the Client cancels the works without cause or engages another contractor to perform any part of the agreed scope, Lexi Painting may recover:
(a) payment for all works performed to date (whether or not completed);
(b) any outstanding progress claims;
(c) reasonable costs for time lost, administration, scheduling disruption, and loss of opportunity.
21.3 These rights are enforceable under the Building and Construction Industry Security of Payment Act 1999 (NSW) and, where applicable, the Home Building Act 1989 (NSW).
21.4 Any attempt by the Client to withhold payment, request a refund of the deposit, or deny Lexi Painting access after works have commenced will be deemed a breach of contract. In such cases, Lexi Painting may issue a final invoice for all outstanding entitlements and pursue recovery through legal or statutory means.
21.5 Lexi Painting may terminate this agreement immediately by written notice if:
(a) the Client fails to make payment when due;
(b) site access is denied or obstructed;
(c) unsafe, hostile, or unworkable conditions exist on site;
(d) the Client becomes insolvent or enters administration; or
(e) the Client breaches a material term of this agreement and fails to rectify the breach within five (5) business days of notice.
21.6 Upon termination, Lexi Painting is entitled to full payment for:
(a) all works performed up to the termination date;
(b) materials purchased or committed;
(c) labour and subcontractor costs incurred;
(d) demobilisation, withdrawal, or administrative time.
22. Ownership of Materials and Title Retention
22.1 Ownership and legal title to all paint, coatings, consumables, and other materials supplied by Lexi Painting remain the property of Lexi Painting until payment is received in full for the associated invoice.
22.2 Until full payment has been made:
(a) the Client must not sell, transfer, dispose of, or encumber any materials supplied or installed by Lexi Painting;
(b) Lexi Painting reserves the right to recover or remove any unpaid materials from the Site, provided it does so in compliance with applicable laws and with reasonable access granted by the Client.
22.3 Where legally permissible, recovery under Clause 22.2 may include surface-applied products such as paints or sealers.
22.4 This clause does not affect Lexi Painting’s right to claim outstanding debts under the Building and Construction Industry Security of Payment Act 1999 (NSW), enforce liens or equitable interests, or pursue recovery through legal proceedings.
23. Insurance, Risk, and Limitation of Liability
23.1 Lexi Painting maintains current:
(a) public liability insurance, and
(b) workers compensation insurance,
in accordance with applicable laws and industry standards.
23.2 While all reasonable care will be taken, Lexi Painting is not liable for:
(a) indirect, incidental, or consequential loss;
(b) business interruption, loss of income, or project delays;
(c) damage to unprotected fixtures, furniture, or surfaces not removed or covered by the Client;
(d) delays or defects caused by third-party trades, poor site conditions, or force majeure events.
23.3 The Client is responsible for:
(a) protecting personal property, fixtures, and furnishings prior to the commencement of works;
(b) ensuring the safety and security of the site during and after the works.
23.4 To the extent permitted by law, Lexi Painting’s total liability for any claim arising under or in connection with the agreement shall be limited to the total amount paid by the Client for the specific portion of work giving rise to the claim.
23.5 Nothing in this clause excludes, restricts, or modifies any rights the Client may have under the Home Building Act 1989 (NSW) or any other law that cannot be lawfully excluded. However, Lexi Painting shall not be liable where loss arises from:
(a) circumstances outside its control;
(b) the Client’s own acts, omissions, or instructions; or
(c) failure by the Client to follow these Terms, protect painted surfaces, or maintain safe conditions.
24. Warranties and Rectification
24.1 Lexi Painting provides workmanship warranties in accordance with the Home Building Act 1989 (NSW), including the statutory warranties under section 18B and all other applicable laws governing residential building work.
24.2 In addition to statutory protections, Lexi Painting offers a standard two (2) year warranty for non-structural painting works, commencing from the date of practical completion, unless otherwise agreed in writing.
24.3 This workmanship warranty covers:
(a) defective application or poor workmanship by Lexi Painting;
(b) failure of materials supplied and applied by Lexi Painting in accordance with manufacturer guidelines.
24.4 The warranty does not apply to:
(a) damage due to normal wear and tear, UV exposure, moisture ingress, or environmental factors;
(b) surface deterioration caused by pets, trades, cleaners, or site occupants;
(c) defects resulting from inadequate preparation by the Client or contrary instructions;
(d) issues arising from Client-supplied or Client-nominated materials (see Clause 7).
24.5 To make a warranty claim, the Client must:
(a) notify Lexi Painting in writing within the warranty period; and
(b) allow reasonable access for inspection and assessment.
24.6 If, upon inspection, Lexi Painting determines that the issue falls within warranty coverage, rectification works will be carried out at no cost to the Client.
24.7 If the issue falls outside warranty coverage, Lexi Painting may offer to perform rectification at its standard rates, subject to a separate written agreement.
24.8 This clause operates alongside Clause 19 (Post-Completion Liability) and Clause 7 (Client-Supplied Materials), and does not limit any non-excludable legal rights the Client may have under law.
24.9 This warranty does not extend to defects caused by natural timber characteristics such as tannin bleed or resin migration. These risks are addressed under Clause 11 and must be disclosed and treated in advance to be covered.
25. Dispute Resolution
25.1 If a dispute arises between the Client and Lexi Painting regarding the works, payment, or interpretation of these Terms, both parties must first attempt to resolve the matter through good faith discussions.
25.2 If the dispute is not resolved within five (5) Business Days of written notice being issued by either party, the parties agree to attempt informal negotiation or mediation before commencing formal legal proceedings.
25.3 Lexi Painting must be given a reasonable opportunity to inspect any alleged defect and, if appropriate, carry out rectification works before the Client engages another contractor or commences legal or rectification action, in accordance with section 48MA of the Home Building Act 1989 (NSW).
25.4 Nothing in this clause restricts either party from seeking urgent injunctive relief, nor does it limit Lexi Painting’s rights under:
(a) the Building and Construction Industry Security of Payment Act 1999 (NSW);
(b) the Home Building Act 1989 (NSW); or
(c) the right to issue payment claims, enforce contractual entitlements, or lodge complaints with NSW Fair Trading.
25.5 This clause is intended to minimise unnecessary legal or administrative expense and encourage timely and cooperative resolution of disputes.
26. Promotional Use and Photography
26.1 Lexi Painting reserves the right to photograph the works it performs, including during progress and upon completion, for purposes including:
(a) quality assurance and internal documentation;
(b) showcasing project outcomes in its portfolio;
(c) use on Lexi Painting’s website, social media, or other promotional platforms.
26.2 Photographs used for marketing purposes will not include Client names, addresses, or personally identifiable information without prior written consent.
26.3 By engaging Lexi Painting, the Client grants permission for such photography and promotional use unless a written objection is submitted prior to commencement of the works.
26.4 Nothing in this clause overrides the Client’s rights under applicable privacy or intellectual property laws. Any specific image restrictions or confidentiality agreements must be expressly stated in writing.
27. Entire Agreement and Governing Law
27.1 These Terms and Conditions, together with the accepted quotation, any approved variations, and any written special conditions, constitute the entire agreement between Lexi Painting and the Client.
27.2 No other terms, representations, warranties, or prior agreements, whether written or verbal, shall apply unless expressly included or incorporated in writing and acknowledged by Lexi Painting.
27.3 If any provision of this agreement is held to be invalid, void, or unenforceable under law, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
27.4 This agreement is governed by the laws of New South Wales, and both parties submit to the exclusive jurisdiction of the courts and tribunals of New South Wales for the resolution of any disputes.