Quotation Terms and Conditions

1. Parties and Contract Documents

“Medida Forma” means the legal entity and ABN identified in the quotation. “Client” means the person or entity accepting the quotation.

The quotation, scope of works, inclusions, exclusions, payment schedule, these terms and any expressly incorporated documents form the agreement.

Any separately executed contract or agreed amendment must identify which documents take precedence. A purchase order or other Client document does not amend the agreement unless expressly accepted by Medida Forma in writing.

Where legislation requires a prescribed contract, disclosures or other documents, these terms supplement those requirements and do not replace them.

2. Quotation, Price and Validity

The quotation remains valid until the expiry date shown. If no expiry date is stated, it remains valid for 30 days from issue.

Pricing applies to the described scope, quantities, drawing revisions, specifications, access arrangements and stated assumptions.

GST is shown in the quotation. Optional items are excluded from the contract price unless expressly accepted.

Provisional allowances are identified separately and adjusted using the agreed pricing basis. Quantities are fixed unless expressly identified as provisional or subject to remeasurement.

Changes to scope or the stated pricing basis must be addressed through the variation process.

3. Scope and Exclusions

Medida Forma will supply and install only the works expressly included in the quotation.

Demolition, structural repairs, major levelling, moisture treatment, crack remediation, waterproofing, movement-joint alterations, services relocation and protection by others are excluded unless expressly included.

Products, colours, textures, sheen and application systems must be confirmed before procurement and application. Substitutions require written agreement.

Installation will follow the selected system’s requirements and applicable laws and standards.

4. Acceptance and Commencement

Written acceptance must identify the quotation reference and revision. Where a separate contract is required, it must also be completed before work commences.

The person accepting on behalf of a company confirms that they are authorised to do so.

Commencement is subject to agreed dates, required approvals, suitable site conditions, material availability and receipt of any lawfully required payment.

A purchase order, where required, must be supplied before procurement or scheduling.

5. Payment Schedule and Payment Terms

Payments are due in accordance with the payment schedule or payment terms expressly stated in the quotation or separately executed contract.

The payment schedule must identify the applicable amounts, payment triggers and due periods. Deposits and progress payments must comply with applicable law.

No provision authorises a deposit or advance payment exceeding a statutory limit.

The Client must promptly identify any disputed amount and explain the reasons in writing. Undisputed amounts remain payable when due. This requirement does not extend a statutory deadline or restrict a lawful right to withhold payment.

Retention, security, discounts and deductions apply only where expressly agreed or otherwise lawfully permitted.

Interest and recovery costs may be claimed only where there is a lawful contractual or statutory basis.

6. Security of Payment: Victoria

To the extent that the Building and Construction Industry Security of Payment Act 2002 (Vic), as amended (“SOP Act”), applies, each party retains its rights and obligations under that Act.

Medida Forma may serve payment claims and performance security claims and pursue adjudication, recovery, suspension and other remedies available under the SOP Act, subject to its requirements.

A statutory payment schedule responding to a payment claim must be served within the period required by the SOP Act: currently 10 business days after service of the payment claim, or any shorter period required by the contract. The deadline for serving a payment schedule is separate from the payment due date.

The contractual Payment Schedule in the quotation records payment stages and amounts. It is not a statutory payment schedule responding to a payment claim.

No term is intended to create an ineffective “pay when paid” arrangement, unlawfully defer payment, restrict statutory claims or exclude statutory rights. An inconsistent provision has no effect to the extent required by law.

The SOP Act does not apply to every contract. Its application, including exclusions for certain domestic building contracts directly with building owners, is determined by the legislation.

7. Variations

Changes to quantities, products, preparation, access, sequencing, programme or other scope requirements must be recorded in writing.

Before varied work proceeds, the parties must document its scope, price or pricing basis and any programme effect, subject to applicable statutory variation requirements.

Verbal instructions alone do not authorise additional work.

If urgent work is reasonably necessary to protect people or property, Medida Forma will notify the Client as soon as practicable and document the work and any lawful adjustment.

8. Substrate Requirements and Rectification

Venetian plaster and microcement are thin decorative coatings. They do not straighten, level or structurally repair substrates and may conceal only minor imperfections within the selected system’s capabilities.

Substrates must be sound, stable, suitably dry, clean and compatible with the specified system. Required tolerances, falls, joints and preparation must be achieved before decorative application.

For plasterboard and sheet wall substrates, the required finish level must be stated in the scope. Where Level 4 is specified, it must be completed before decorative application or, in wet areas, before waterproofing, subject to the selected system’s requirements. Floor substrates require their own specified preparation and tolerances.

The Client must arrange for relevant trades to check that penetrations, fittings, outlets and junctions are correctly located and suitable for the intended finish before application.

Rectification beyond the preparation expressly included in the quotation will be assessed and priced as a variation. Medida Forma remains responsible for rectification arising from its own defective work.

If unsuitable moisture levels, contamination, instability, inadequate adhesion or concealed defects are identified, Medida Forma will notify the Client before proceeding with affected work.

9. Patching and Repairs

Repositioning fittings, making penetrations or repairing substrates after decorative application may damage the finish.

Local repairs may remain visible because of differences in colour, texture, sheen and trowel movement. Achieving an acceptable result may require recoating the entire affected wall, floor section or surface to an appropriate junction.

Repairs caused by changes or damage outside Medida Forma’s responsibility will be separately assessed and quoted. This does not limit Medida Forma’s obligation to remedy its own defective work.

10. Natural Material Characteristics and Sample Approval

Microcement and Venetian plaster contain natural materials and are applied by hand.

Reasonable variations may include darker aggregate particles, lime particles, pigment fragments, tonal movement and differences in trowel pattern and texture.

These characteristics are inherent where consistent with the selected product, approved sample and agreed workmanship standard. They do not excuse defective application, contamination, inadequate performance or material departures from the agreed finish.

Where required, the Client must approve a labelled physical sample before installation. The sample establishes the agreed finish direction rather than identical repetition across every surface.

Lighting, substrate, product batch and surface area can affect the appearance of the completed work. Digital images and screen colours are indicative only.

Sample approval does not waive statutory rights or rights concerning defective work.

11. Product Suitability and Wet Areas

Not every decorative finish or microcement system is suitable for every exposure or wet-area application.

Products must be selected for the intended location, substrate and service conditions. Requested departures from the recommended system require written assessment and agreement. Medida Forma may decline an unsuitable application.

Waterproofing is included only where expressly stated. A decorative finish must not be treated as a substitute for a required waterproofing system.

Waterproofing must be compatible with the decorative system and applied to the membrane manufacturer’s required thickness, coverage, detailing and curing requirements. Its finished surface must also meet the decorative system’s requirements.

Because microcement is a thin finish, irregularities in the waterproofing layer may remain visible. Any required smoothing or compatible additional preparation must be resolved before decorative application. Required membrane thickness must not be reduced to achieve a smoother appearance.

12. Water Exposure, Falls and Drainage

Unless the specified system is expressly approved for that use, microcement must not be used for continuous submersion or exposed to prolonged pooling.

Shower floors, other wet-area floors, niches and horizontal surfaces must have the falls, drainage and junction details required by the project design, selected system and applicable requirements.

These details must be established during the relevant framing, substrate preparation, screeding and waterproofing stages.

Microcement must not be built up beyond its permitted thickness to correct inadequate falls or reverse gradients.

Sealants, sealers and drainage must be maintained in accordance with the applicable care instructions.

13. Site Access and Client Responsibilities

The Client must provide the agreed access, working hours, utilities, storage and clear work areas and coordinate other trades.

Known hazards, asbestos concerns, access restrictions and site-specific requirements must be disclosed before commencement.

Work areas must be protected from contamination, unsuitable environmental conditions and interference by other trades during application and curing.

Each party remains responsible for its own safety and legal obligations.

14. Programme, Delays and Rescheduling

Dates and durations are subject to the agreed programme, site readiness, suitable conditions and product drying and curing requirements.

Each party must promptly notify the other of a likely delay and take reasonable steps to reduce its effect.

Extensions of time and additional costs must be supported, notified and addressed under the agreement and applicable law. Delays caused by Medida Forma are not automatically chargeable to the Client.

15. Protection and Return to Service

Medida Forma will advise the relevant curing, access, cleaning and protection requirements.

Responsibility for protection during installation and following handover must be identified in the scope.

Traffic, water exposure, coverings, adhesives and cleaning must follow the selected system’s instructions.

Damage from subsequent trades, unsuitable protection or premature use will be assessed according to its cause and separately from workmanship defects.

16. Completion and Defects

Medida Forma will notify the Client when its works are substantially complete and ready for inspection or their specified use, subject to stated curing restrictions.

The parties should record outstanding items and arrange reasonable access for completion or rectification.

Defects attributable to Medida Forma will be addressed under the agreement and applicable law. Minor outstanding items do not automatically justify withholding the entire contract balance; any withholding must have a lawful basis.

The Client must provide reasonable notice and access to investigate reported defects, except where urgent action is reasonably necessary for safety or to prevent further damage.

A contractual defects period does not shorten statutory rights.

17. Care, Maintenance and Warranties

Applicable care instructions and warranty information will be supplied at handover.

Cleaning, maintenance and resealing must follow the selected system’s instructions and the actual use and exposure of the surface.

Use suitable cleaning products and avoid abrasive treatment, dragging heavy objects and unauthorised coatings or chemicals.

Damage arising from misuse, impact, unsuitable chemicals, third-party work or substrate failure will be assessed according to its cause. An exclusion applies only to the extent legally permitted.

Nothing excludes, restricts or modifies a non-excludable guarantee, statutory warranty or remedy, including under the Australian Consumer Law.

18. Insurance and Project Photography

Medida Forma will maintain insurance required by law and any additional cover expressly agreed for the works. Certificates of currency will be supplied as agreed.

Photographs may be taken for condition records, quality assurance and project documentation.

Identifiable project photographs will be used publicly only with the Client’s permission.

19. Suspension, Termination and Disputes

Suspension or termination may occur only in accordance with the agreement and applicable law, including required notices and opportunities to remedy a breach.

A party raising a dispute must describe it in writing. Authorised representatives will first seek to resolve the dispute through discussion and may agree to mediation.

This process does not delay statutory payment or adjudication deadlines or prevent urgent relief, lawful suspension or access to a competent court, tribunal or statutory dispute-resolution process.

20. General

Changes to the agreement must be recorded in writing and accepted by authorised representatives.

An invalid or unenforceable provision is severed only to the extent necessary, without affecting the remaining provisions.

Victorian law governs the agreement, subject to mandatory law otherwise applying.

Nothing in these terms overrides mandatory legislation or removes rights that cannot lawfully be excluded.