Terms of service

Terms & Conditions

These Terms & Conditions govern the use of SHIMICOAT Pty Ltd’s services and website. By requesting a quotation, placing an order, or engaging our services, you agree to these terms.

1. Introduction

This website is operated by SHIMICOAT Pty Ltd (“SHIMICOAT”, “we”, “our”, or “the Contractor”).

By accessing our website, purchasing products, requesting a quotation, or engaging our services, you agree to be bound by these Terms & Conditions, together with any policies referenced on our website.

If you do not agree with these Terms, you must not use our website or services.

2. Acceptance of Terms

Acceptance of a SHIMICOAT quotation, whether verbally, in writing, by purchase order, or any other form of confirmation, constitutes acceptance of these Terms & Conditions.

Unless otherwise agreed:

  • Purchase orders are deemed to accept SHIMICOAT’s quotation and these Terms, regardless of any conflicting terms contained within the purchase order.
  • Quotations remain valid for 30 days, or 45 days where the Home Building Contracts Act 1991 (WA) applies.
  • If any part of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

3. Client Responsibilities

Before work begins, the Client must ensure:

Site Preparation

  • All furniture, shelving, equipment, vehicles, and obstacles are removed from the work area.
  • The work area is clean and ready for installation.

Site Access

The Client must provide:

  • Power
  • Water supply capable of at least 15 litres per minute
  • Adequate overhead lighting
  • Safe and uninterrupted access for SHIMICOAT personnel and equipment

During Installation

The Client must ensure:

  • No people or animals enter the work area during installation.
  • The area remains clear for 7 days after completion while the coating cures.

Environmental Conditions

The work area must:

  • Be enclosed where possible.
  • Be protected from drafts, rain, leaks, dust and contamination.
  • Be free of loose debris that may affect the coating finish.

4. Failure to Meet Site Requirements

If the Client does not satisfy the obligations outlined above, SHIMICOAT may:

  • Delay the installation until conditions are suitable.
  • Charge additional labour or attendance costs caused by the delay.
  • Void applicable guarantees or warranties where the failure affects the finished result.

5. Project Requirements

The Client acknowledges that:

  • Any manufacturer, supplier or installer requirements for the substrate must be provided before work commences.
  • Modified concrete, additives, curing compounds or previously sealed surfaces may affect coating adhesion.
  • Sealers applied to concrete, paving, tiles or other surfaces are not guaranteed to prevent staining, discoloration or wear.
  • All quotations remain subject to a final site inspection before work begins.

6. Performance of the Works

SHIMICOAT will carry out all works with reasonable care and skill.

The Client acknowledges that:

  • Pressure cleaning, grinding, blasting and other preparation methods may temporarily mark surrounding areas.
  • Surface preparation creates dust that may settle after completion.
  • Minor cosmetic damage to surrounding painted surfaces may occur. Where applicable, final painting should be completed after the coating installation.

7. Warranties & Product Limitations

The Client warrants that any concrete being coated meets Australian Standards, including:

  • Minimum compressive strength of 25 MPa
  • Minimum tensile strength of 1.5 MPa

SHIMICOAT does not warrant the performance of coatings where failures result from:

  • Defective concrete
  • Moisture migration
  • Contamination
  • Structural movement
  • Existing substrate defects

SHIMICOAT is not responsible for damage caused by external factors including excessive heat, moisture, weather events or third-party interference.

8. Limitation of Liability

To the maximum extent permitted by law:

  • SHIMICOAT’s liability is limited to repairing or replacing defective workmanship where the defect results directly from SHIMICOAT’s work.
  • SHIMICOAT is not liable for cracks, scratches, gouges, UV damage, staining, discoloration or deterioration caused by misuse, environmental conditions or normal wear and tear.
  • No warranty is provided against weathering, fading or cosmetic changes resulting from environmental exposure.

9. Payment Terms

Unless otherwise agreed:

  • Payment is due upon practical completion of the works.
  • Variations, additional works and approved extras will be invoiced accordingly.

Late Payments

Late payments may incur:

  • $85 per hour for administration and debt recovery work.
  • $85 per month on overdue accounts.

If payment remains outstanding for more than 14 days, SHIMICOAT reserves the right to:

  • Register a caveat where legally permitted.
  • Charge interest at $1 per $1,000 per day on outstanding amounts.
  • Recover all reasonable legal and debt recovery costs.

10. Dispute Resolution

Any dispute arising from these Terms or the Works shall be resolved in accordance with the Commercial Arbitration Act 1985 (WA).

The party initiating the dispute must:

  • Notify the other party in writing.
  • Provide evidence that the required arbitration deposit has been paid.

11. Cancellation & Termination

If the Client cancels the agreement after accepting the quotation, SHIMICOAT is entitled to recover reasonable costs incurred, including:

  • Administration
  • Materials purchased
  • Project preparation
  • Labour scheduling
  • Other associated costs

The minimum cancellation charge is the greater of:

  • $1,360, or
  • 48% of the accepted quotation value.

12. Governing Law

These Terms & Conditions are governed by the laws of Western Australia.

SHIMICOAT may enforce its rights through legal proceedings or arbitration where appropriate.

Acceptance

By accepting a quotation, placing an order, or engaging SHIMICOAT’s services, you confirm that you have read, understood and agreed to these Terms & Conditions.