Terms & Conditions

1.1 Subject to your agreement to the payment of the fees and signing of the Agreement or completion of an online booking, Leaky Roof will provide the Services in accordance with this Agreement.

1.2 By signing the Proposal or completing an online booking, you accept these Terms and Conditions ("Terms") and enter into the Agreement.

1.3 This Agreement is the entire agreement between you and Leaky Roof and supersedes any prior understanding, arrangement, or agreement.

1.4 Any change to this Agreement shall not be effective unless it is in writing and signed by you and Leaky Roof.

1.5 Acceptance of the Agreement may be made electronically, including by clicking "Confirm" or "Book Now" on leakyroof.com.au, completing online payment via Stripe, or replying to an email or SMS with written acceptance. Electronic acceptance has the same legal effect as a handwritten signature under the Electronic Transactions Act 1999 (Cth), the Electronic Transactions Act 2001 (ACT), and the Electronic Transactions Act 2000 (NSW).

2.1 The Proposal or online booking confirmation specifies the Services. Leaky Roof provides the following services, subject to availability and scheduling:

• Free roof estimates
• Roof inspections ($99)
• Pre-purchase roof inspections ($199)
• Roof Health Checks ($199)
• Roof repairs and leak fixes (quote-based)
• Roof restoration (quote-based)
• Roof replacement (quote-based)
• Tile-to-metal (Colorbond) conversions (quote-based)
• Gutters, Colorbond fascia covers, and Colorbond barge covers (quote-based)
• Roofing maintenance packages (subscription-based)

2.2 Leaky Roof's Services are carried out Monday to Friday (Australian Eastern Standard and Daylight-Saving Times). Services to be performed outside those times must be negotiated between you and Leaky Roof ahead of time and may incur additional fees.

2.3 Where you require further services ("Additional Services"), Leaky Roof may at its discretion agree to provide the Additional Services and negotiate additional fees to be charged to you.

2.4 Prices for inspection services booked online are as listed at the time of booking. Prices for quote-based services are provided after an on-site assessment and are subject to the terms outlined in each individual Proposal.

2.5 Any timeframes stated on our website, in marketing material, or in a Proposal (including inspection report turnaround and emergency response) are good-faith estimates only, made on a reasonable-endeavours basis and subject to weather, safe access, availability and scheduling. They are not guarantees and time is not of the essence unless expressly agreed in writing.

3.1 Bookings for inspection services can be made online at leakyroof.com.au/book or by calling (02) 5133 5608. By placing a booking, you confirm that you have the authority to grant us access to the property for the purposes of the booked service.

3.2 Online inspection bookings require payment at the time of booking. Payment is processed securely via Stripe (credit or debit card). Free estimate appointments do not require payment.

3.3 Upon successful payment, you will receive a booking reference number. An inspector will be assigned to your booking based on availability, location, and roof type.

Cancellation of Online Bookings

• More than 24 hours notice: Cancellations made more than 24 hours before the scheduled appointment will be processed at no charge. Any inspection fees already paid will be refunded in full.
• Less than 24 hours notice: Cancellations made less than 24 hours before the scheduled appointment will forfeit the inspection fee paid. This does not apply to free estimate appointments.

3.4 Rescheduling is available free of charge with at least 24 hours notice. To cancel or reschedule, please contact us by phone at (02) 5133 5608 or by email at info@leakyroof.com.au.

4.1 As consideration for providing the Services, you will pay the fees specified in the Scope of Works ("Fee") via an accepted payment method identified on invoices issued to you.

4.2 The Fee is based on the scope of work specified in the Scope of Works and assumes that you will provide information relevant to provide the Services. If you do not provide the expected information, or otherwise fulfil your obligations under the Contract, and this results in additional work for Leaky Roof, Leaky Roof may charge additional fees to cover the unexpected work.

4.3 You agree to pay any reasonable external expenses Leaky Roof may incur on your behalf in carrying out the Services, as identified in the Proposal or otherwise notified to you.

4.4 Invoices will be issued to you in accordance with the payment schedule set out in clause 5. For quote-based services, invoices will be issued at each payment milestone (deposit, progress payment, and completion) as applicable.

4.5 Payment of each invoice is due on the date of the invoice unless otherwise specified in the payment schedule.

4.6 If you fail to pay any invoice by the applicable due date ("debt"), you agree that Leaky Roof may, at its sole discretion:

1. charge interest at the rate of 12% per annum, charged and accrued on a daily basis;
2. charge an administrative fee of $50.00, being a reasonable pre-estimate of the administrative cost to Leaky Roof of managing an overdue account, including issuing statements and reminders and following up by telephone and email;
3. not provide any further service to you until the debt is paid; and
4. recover from you its reasonable costs of recovery actually incurred as a result of non-payment, including debt collection agency fees and legal costs on a standard basis.

4.7 You must pay Leaky Roof's reasonable expenses and materials costs incurred or committed before termination where the Services are terminated by you, or by Leaky Roof as a result of your breach or change of mind. This clause does not apply where the Services are terminated because of Leaky Roof's breach.

4.8 If you dispute any part of an invoice, you must notify Leaky Roof in writing within 7 days of the invoice date, specifying the disputed amount and the reason for the dispute. You must pay the undisputed portion of the invoice by the due date. Late payment interest under clause 4.6 will not apply to the genuinely disputed portion while the dispute is being resolved in good faith. If the dispute is not resolved within 14 days, either party may escalate the matter under clause 26. Failure to notify within 7 days does not limit any non-excludable rights you have under the Australian Consumer Law, but you remain liable to pay all undisputed amounts by the due date.

4.9 All prices listed on our website and in quotes are in Australian dollars (AUD) and include GST unless otherwise stated.

5.1 Services are carried out by Leaky Roof's in-house team and/or subcontractors engaged by Leaky Roof. The fees quoted in the Proposal include labour, materials, project management, coordination, and quality assurance provided by Leaky Roof.

5.2 Subject to your acceptance of the Proposal, you will be required to pay a deposit and progress payments in accordance with the following schedule:

Standard Payment Schedule (jobs up to $25,000)

• 50% deposit - payable on acceptance of the Proposal
• 50% balance - payable on completion of the Services

Payment Schedule for Jobs Over $25,000

• 50% deposit - payable on acceptance of the Proposal
• 40% progress payment - payable on delivery of materials to site
• 10% balance - payable on completion of the Services

5.3 Payment of the deposit is required prior to the commencement of the provision of Services. Work will not be scheduled until the deposit has been received.

5.4 Progress payments must be made within 3 business days of the relevant milestone being reached. Failure to make a progress payment may result in suspension of the Services until payment is received.

5.5 The deposit is required to secure your booking, reserve Leaky Roof's schedule capacity, allocate labour and project resources, commence administration and planning, and allow Leaky Roof to order, purchase or commit to materials and supplier arrangements. Once a deposit is paid, Leaky Roof may allocate crews, reserve dates, decline or defer other work, arrange logistics, order or commit to materials, and incur administrative, project management, supplier and mobilisation costs.

If you terminate the Agreement or cancel the Services for change of mind before work commences, Leaky Roof may retain from the deposit an amount equal to the reasonable costs, losses and commitments incurred or committed by Leaky Roof, including but not limited to materials ordered, purchased, received or committed to, supplier commitments, cancellation or restocking fees, freight or handling costs, scheduling allocation, lost opportunity to book other work, labour allocation, subcontractor or crew allocation, administration, project planning, logistics and mobilisation costs.

If Leaky Roof's reasonable costs, losses and commitments equal or exceed the deposit, the deposit may be retained in full. If Leaky Roof receives a supplier refund or credit for materials or other costs, Leaky Roof will take that into account when calculating any refund due to you. This clause does not limit any non-excludable rights you have under the Australian Consumer Law.

6.1 Leaky Roof offers subscription-based roofing maintenance packages for residential, commercial, and property management clients. Separate terms and conditions apply to these packages. Please refer to our Roof Care Package Terms & Conditions (leakyroof.com.au/package-terms-conditions) for full details including billing, cancellation, minimum terms, and package inclusions.

7.1 All quotes provided by Leaky Roof are valid for 30 days from the date of issue unless otherwise stated in writing.

7.2 Quotes are based on a visual inspection of the property and may be subject to change if additional work or unforeseen issues are discovered once work has commenced. We will notify you of any changes before proceeding with additional work.

7.3 Free estimates are indicative only and do not constitute a binding quotation. A formal written quote will be provided if you wish to proceed.

8.1 No provision has been made for travel and accommodation for Leaky Roof's staff to provide the Services.

8.2 Leaky Roof will carry out the Services at a site within the Australian Capital Territory or the immediately surrounding New South Wales region unless: (a) you require Leaky Roof to attend a site outside these operating regions; and (b) Leaky Roof and you agree in writing as to the additional costs to be paid for both travel and accommodation; and (c) you pay those costs to Leaky Roof in addition to the Fees stated in the Proposal.

9.1 Any consideration made under this Agreement is inclusive of any GST unless the context expressly indicates otherwise.

10.1 You must provide the appropriate access to the Premises to allow Leaky Roof to provide the Services adequately and securely. Any hazards, aggressive animals, or access restrictions must be communicated at the time of booking.

10.2 You must provide Leaky Roof with all the information it requests to enable Leaky Roof to perform the Services. If there is any delay in your providing such information and it results in a delay in Leaky Roof's delivery of the Services or a milestone identified in the Proposal, Leaky Roof will not be liable or subject to any penalty as a result of that delay.

10.3 If you have a query or concern about the Services or the conduct of Leaky Roof, you should notify Leaky Roof as soon as reasonably practicable after becoming aware of the issue, so we can investigate and respond promptly. Failure to notify us promptly does not limit any non-excludable rights you have under the Australian Consumer Law, but Leaky Roof is not responsible for additional loss or damage that could reasonably have been avoided by prompt notice.

10.4 Leaky Roof reserves the right to refuse or reschedule a service if safe access cannot be established.

10.5 You must provide adequate access to the property for vehicles, equipment, skip bins, scaffolding, and material staging as reasonably required by Leaky Roof to carry out the Services. If access is restricted or unavailable and this was not disclosed at the time of booking or quoting, Leaky Roof may charge additional fees to accommodate the restriction or reschedule the Services.

10.6 You are responsible for obtaining any council permits or approvals required for the placement of equipment on public land, including but not limited to skip bins on nature strips and scaffolding on footpaths. Any costs, fines, or delays arising from a failure to obtain required permits are your responsibility.

10.7 Leaky Roof works in accordance with the Work Health and Safety Act 2011 (ACT), and equivalent NSW work health and safety legislation for NSW works. Where required for safe work at height, scaffolding, edge protection or an elevated work platform is a safety requirement, not optional, and where not already included in the Proposal, will be quoted as a variation. Leaky Roof may suspend or decline work where safe clearance from power lines (a minimum of 3 metres), safe access or safe working conditions cannot be achieved until the hazard is addressed. Any resulting delay is not a breach of this Agreement.

11.1 Leaky Roof will provide the Services:

1. with a high standard of care and diligence and in accordance with all applicable laws, regulations, codes of practice, national standards and applicable ethics and other regulatory approvals; and
2. with the necessary skills, experience, qualifications, resources, capacity and know-how to supply the Services.

11.2 Leaky Roof may recommend products or services provided by third parties. Materials may also carry manufacturer warranties, which Leaky Roof will pass through or assist you to access where applicable. A manufacturer warranty operates in addition to, and does not replace or limit, any obligation Leaky Roof has as supplier under the Australian Consumer Law or another applicable law. Where Leaky Roof has only recommended a third party you engage directly, Leaky Roof is not responsible for that third party's own work.

11.3 Third-party work and interference

This clause applies only to Leaky Roof's voluntary workmanship guarantee under clause 12, including any voluntary Roof Care extension. It does not apply to, exclude, restrict or modify any right or remedy under the Australian Consumer Law, an applicable statutory warranty or another right that cannot lawfully be excluded.

Leaky Roof's voluntary guarantee does not cover a claimed issue to the extent that the issue was caused or contributed to by work, alteration, damage, repair or other interference carried out by you or a third party affecting the relevant work performed by Leaky Roof (an "Interference").

Access to the roof or work by another person does not, by itself, void or cancel the voluntary guarantee, and unrelated third-party work does not affect cover for Leaky Roof's workmanship.

Except where urgent work is reasonably necessary to protect safety or prevent material further damage, you must give Leaky Roof a reasonable opportunity to inspect the claimed issue and, where Leaky Roof is responsible, to propose and carry out an appropriate rectification.

Urgent third-party work does not automatically defeat a claim. Where reasonably practicable, you must preserve photographs, reports, invoices, removed materials and other available evidence of the condition and urgent work.

Where Leaky Roof's defective workmanship and another cause both contributed to the issue, the voluntary guarantee continues to apply to the extent properly attributable to Leaky Roof's workmanship.

11.4 On completion of the Services, Leaky Roof will provide you with documentation evidencing the standard to which the Services were completed. That documentation may be used by either party as evidence of the condition of the work on completion, including in relation to an Interference.

12.0 Eligible Physical Roofing Work means repair, restoration, replacement, conversion, installation or other physical roofing work expressly described in an accepted Proposal. It does not include a free estimate, inspection-only service, assessment or report unless the Proposal expressly states that a separate voluntary service warranty applies.

12.1 In addition to your rights under the Australian Consumer Law and any applicable statutory warranty under ACT or NSW building legislation, which we do not exclude, Leaky Roof provides a voluntary 5-year workmanship guarantee on Eligible Physical Roofing Work. This guarantee does not cover:

• severe weather, third-party interference, structural or ground movement, falling objects, or general wear and tear;
• blocked or overflowing gutters or downpipes, debris or organic build-up, or issues arising from a lack of routine maintenance;
• pre-existing roof or building conditions, including existing leaks, tile roofs with no sarking, missing, inadequate, deteriorated or failed sarking, asbestos-containing or hazardous materials, brittle or cracked tiles, deteriorated ridge capping, rotten battens, fascia or rafters, timber decay, corrosion, structural or ground movement, inadequate ventilation, inadequate roof pitch, non-compliant historical works, or prior poor workmanship or repairs - except to the extent the issue is caused by Leaky Roof's own defective workmanship;
• materials (which carry their own manufacturer's warranty, passed through to you); or
• any issue caused or contributed to by an Interference (clause 11.3).

12.1A The following do not automatically receive the voluntary 5-year workmanship guarantee: free estimates; roof inspections; pre-purchase inspections; Roof Health Checks; condition reports; assessment-only work; and report-only work. Those services remain subject to all applicable Australian Consumer Law rights, including the guarantee that services are supplied with due care and skill. Where a Proposal expressly provides a separate voluntary warranty for a service-only engagement, that warranty applies on its own terms.

12.2 To make a claim under our workmanship guarantee, please contact us at (02) 5133 5608 or info@leakyroof.com.au with your booking reference and a description of the issue.

12.3 Roof Care membership extension. Where you hold an active Roof Care membership covering the property at which the work was carried out, the 5-year workmanship guarantee in clause 12.1 is extended to 10 years for that property. The extension is a voluntary guarantee we provide in addition to, and it does not limit or replace, your rights under the Australian Consumer Law or any applicable statutory warranty.

12.4 Defect timing. The extension applies to a defect in Leaky Roof's workmanship that:

1. first becomes apparent while the Eligible Homeowner Membership is active; or
2. reasonably available evidence establishes existed or began developing while the Eligible Homeowner Membership was active.

You do not need to identify the technical cause, notify Leaky Roof or lodge a formal claim before the membership ends. Leaky Roof may reasonably investigate the timing and cause using inspection findings, photographs, maintenance records, weather information, expert evidence and the nature and condition of the work.

12.4A Accrued Guarantee Entitlement. An "Accrued Guarantee Entitlement" is your entitlement, under clause 12.4, in respect of a defect that became apparent or existed or began developing while your Eligible Homeowner Membership was active. Cancellation, termination, suspension or expiry of the membership does not extinguish an Accrued Guarantee Entitlement. It remains covered for the balance of the 10-year period. Work carried out after your membership ends is covered by the standard 5-year guarantee in clause 12.1.

12.4B Non-transfer. The voluntary 10-year Roof Care extension is personal to the member and does not transfer to a purchaser or new owner. This does not extinguish an Accrued Guarantee Entitlement held by the member or affect any right or statutory warranty independently available to a purchaser under applicable law.

12.4C Standard voluntary guarantee and sale of the property

The standard 5-year voluntary workmanship guarantee is provided to the customer named in the accepted proposal and does not automatically transfer to a purchaser or new owner if the property is sold.

Leaky Roof may agree in writing to transfer the remaining voluntary guarantee after receiving reasonable evidence of the original work and inspecting the relevant work where reasonably required.

A sale does not extinguish a valid claim that accrued to the original customer before the sale. This clause does not affect any Australian Consumer Law right, statutory warranty or other right independently available to a purchaser or successor in title.

12.4D Clause 12.4C applies to work accepted on or after 26 July 2026. Work accepted before that date is governed by the guarantee terms and representations that applied when it was accepted, and clause 12.4C does not reduce any right you already held.

12.5 The exclusions in clause 12.1 apply to the extended period in the same way they apply to the first 5 years. In particular, and as set out in clause 12.1, the guarantee does not cover issues arising from a lack of routine maintenance, including blocked or overflowing gutters.

13.1 Roofing is weather-dependent and governed by work health and safety law. Leaky Roof will not carry out works in unsafe conditions, including rain, frost, wind of approximately 40km/h or above, or storms/lightning.

13.2 Where weather prevents safe work, Leaky Roof may postpone or reschedule at no additional charge and will rebook as soon as conditions reasonably allow.

13.3 A weather delay is not a breach by Leaky Roof and is not, of itself, a ground for cancellation by you. Deposits and the cost of materials already ordered remain payable.

13.4 Neither party is liable to the other for loss caused by a weather delay. This does not limit your non-excludable rights under the Australian Consumer Law.

14.1 If, during the course of the Services, Leaky Roof discovers unforeseen conditions, concealed damage, structural deficiencies, or other issues not reasonably identifiable during the initial inspection or quotation ("Unforeseen Work"), Leaky Roof will notify you as soon as practicable and provide a written variation detailing the additional scope and cost.

Unforeseen Work includes, without limitation, existing leaks, concealed water-ingress paths, tile roofs with no sarking, missing, inadequate, deteriorated or failed sarking, asbestos-containing or hazardous materials, brittle or cracked tiles, rotten battens, fascia or rafters, timber decay, corrosion, structural issues, inadequate roof pitch, inadequate ventilation, non-compliant historical works, and prior poor workmanship or repairs that were not included in the accepted Proposal.

14.2 No Unforeseen Work will be carried out without your prior written approval (email is sufficient), except where the work is reasonably necessary to:

1. protect the safety of any person;
2. make the site safe; or
3. prevent material further damage to the property.

14.2A Work that is not reasonably necessary for one of those purposes requires your prior written approval, whatever it costs.

14.3 Where Leaky Roof proceeds under clause 14.2, it will notify you of the work and the additional cost at the earliest opportunity, and will limit the work to what is reasonably necessary for the purpose relied on. You agree to pay for Unforeseen Work carried out in accordance with that clause.

14.4 If you do not approve a proposed variation and the Services cannot be safely or properly completed without it, Leaky Roof may make the area safe, cease work, and invoice you for all Services and materials provided to that point. Leaky Roof will not be liable for any defect, leak, or damage arising from the incomplete scope.

14.5 Where you request changes to the agreed scope of work, Leaky Roof will assess the request and, if accepted, provide a written variation with revised pricing and timeline. Additional fees are payable in accordance with the payment schedule in clause 5.

15.1 If asbestos-containing materials ("ACM"), lead paint, or other hazardous substances are discovered during the provision of Services, Leaky Roof will immediately cease work in the affected area and notify you.

15.2 Leaky Roof does not hold an asbestos assessor licence or asbestos removal licence and is not engaged to provide formal asbestos identification, sampling, analysis or clearance services. Where formal asbestos identification or assessment is required, you must engage a licensed asbestos assessor, and any material samples must be analysed by a laboratory authorised under applicable law. Asbestos removal work must be performed by an appropriately licensed asbestos removalist, subject to any specific statutory exception. In the ACT this applies to removal of any quantity, whether or not the material is friable. Engaging the assessor and the removalist is your responsibility and cost.

15.2A Work will not recommence in the affected area until an independent licensed asbestos assessor has completed any legally required clearance inspection and issued the required clearance certificate. As an additional project and safety requirement, Leaky Roof must receive and verify a copy of the clearance certificate before its workers or subcontractors return to the affected area.

15.3 A delay reasonably caused by the discovery, assessment, management or licensed removal of hazardous material is not a breach by Leaky Roof. Subject to your non-excludable rights, Leaky Roof is not responsible for loss caused by an unavoidable delay of that kind, except to the extent that the loss was caused or contributed to by Leaky Roof's breach, negligence or failure to act reasonably after becoming aware of the hazard.

15.4 You warrant that, to the best of your knowledge, you have disclosed to Leaky Roof before commencement of the Services any known or suspected asbestos-containing materials, lead paint or other hazardous materials at the property. Failure to disclose known or suspected hazardous materials may result in additional charges, delay, suspension of the Services or termination. You indemnify Leaky Roof against loss, cost or liability arising from undisclosed hazardous materials to the extent caused by your failure to disclose known or suspected hazardous materials, except to the extent caused or contributed to by Leaky Roof.

15.5 Leaky Roof is not responsible for the presence, removal, treatment, management or disposal of asbestos-containing materials, lead paint or hazardous materials unless expressly included in the Proposal and Leaky Roof is legally permitted and appropriately licensed to perform that work. Any discovery of such materials is a latent condition, and any resulting delay, suspension, access restriction, additional work or cost is not a breach by Leaky Roof.

15.6 Leaky Roof is not engaged to inspect, survey, sample, analyse or certify a property for asbestos, and does not offer a formal asbestos-identification service. A roofing inspection, report, estimate or quote provided by Leaky Roof is not an asbestos assessment or a statement that the property is asbestos-free and must not be relied upon for that purpose. Where formal identification is required, you must engage a licensed asbestos assessor. Nothing in this clause prevents Leaky Roof from treating a material as suspected asbestos, stopping work or requiring an assessment where reasonably necessary for safety.

15.7 The discovery of asbestos-containing material during the Services does not, by itself, establish that Leaky Roof failed to exercise due care and skill where the material was concealed, was outside the agreed inspection scope or could not reasonably have been identified through the roofing inspection or work Leaky Roof was engaged to perform. Leaky Roof remains responsible to the extent that loss or damage was caused or contributed to by its failure to take reasonable precautions, its negligent disturbance of known or suspected asbestos, or its failure to act on information provided to it. Nothing in this clause limits a right or remedy that cannot lawfully be excluded.

15.8 Section 26(2)(d) of the Building Act 2004 (ACT) requires an asbestos removal control plan to accompany a building approval application where the building is a class 1, class 2, class 3 or class 4 building (or a class 10 building associated with one of those) and was erected, or its erection started, before 1985. Where that provision requires a plan, the owner or applicant must ensure that a document satisfying it is provided with the application. Where licensed asbestos removal is proposed, the plan must be prepared by the licensed asbestos removalist responsible for that work. Where no asbestos removal is proposed, the required form of the section 26 document must be confirmed in writing with the appointed certifier or the relevant ACT authority before lodgement. The building approval cannot be issued without the required document, Leaky Roof cannot commence work until the approval is issued, and any resulting delay is dealt with under clause 15.3. Unless the Proposal states otherwise, obtaining the assessment, plan, removal and clearance documentation is the owner's responsibility and cost, except to the extent that the need for additional work or cost was caused by Leaky Roof's breach or negligent disturbance.

15.9 Before Leaky Roof attends the site, you must provide all asbestos registers, management plans, assessment reports, clearance certificates and other information in your possession or control concerning known or suspected asbestos at the property. Leaky Roof is entitled to rely on the completeness of the information supplied, except where the information is obviously inconsistent with conditions observed at the site.

16.1 If materials specified in the Proposal become unavailable, discontinued, or subject to unreasonable delay from the manufacturer or supplier, Leaky Roof may substitute materials of equivalent or superior quality, specification, and colour match.

16.2 Where a substitution involves a material change in appearance, colour, or brand, Leaky Roof will notify you and obtain your approval before proceeding. If you do not approve the substitution and no suitable alternative is available, Leaky Roof may adjust the scope or timeline accordingly.

16.3 Any price difference resulting from a material substitution will be passed on to you (whether an increase or decrease). Where the substitution results in a cost saving, your invoice will be adjusted accordingly.

17.1 Neither party will be liable for any delay or failure to perform its obligations under this Agreement to the extent that the delay or failure is caused by circumstances beyond the reasonable control of that party ("Force Majeure Event"), including but not limited to:

1. severe weather, natural disasters, fire, flood, or storm;
2. pandemic, epidemic, or government-mandated restrictions;
3. supply chain disruptions, material shortages, or manufacturer delays;
4. industrial action, strikes, or lockouts;
5. power failures or telecommunications outages; or
6. any act of government, regulatory authority, or public authority.

17.2 The affected party must notify the other party as soon as practicable of the Force Majeure Event and its expected duration. The parties will use reasonable endeavours to mitigate the effect of the Force Majeure Event.

17.3 If a Force Majeure Event continues for more than 90 days, either party may terminate the Agreement by giving 14 days' written notice. In such a case, you will be liable for payment for all Services and materials provided up to the date of termination, and Leaky Roof will refund any prepaid amounts for Services not yet provided, less reasonable costs incurred.

18.1 Leaky Roof may terminate the Agreement, by notice in writing stating the ground relied on, where:

1. the site or the work cannot be made safe, so that performing the Services would expose any person to a serious risk to health or safety that cannot be reasonably controlled;
2. Leaky Roof cannot lawfully perform the Services, including where a required building approval, licence, certification or insurance is refused, withdrawn or unavailable;
3. the work, once its true scope is known, falls outside the scope of Leaky Roof's licence or competence, or must be carried out by a differently licensed or qualified trade;
4. the specified materials are unavailable or discontinued and no reasonable equivalent is available or acceptable to you under clause 16;
5. you do not provide safe and reasonable access to the property, or the information or approvals Leaky Roof reasonably requires, and you do not do so within 14 days after Leaky Roof asks you in writing;
6. you materially breach the Agreement and do not remedy the breach within 14 days after Leaky Roof issues a written notice identifying it, including a failure to pay an undisputed invoice;
7. any person at or connected with the property subjects Leaky Roof's employees or subcontractors to violence, threats, harassment or abuse; or
8. you commit an act of bankruptcy, enter into voluntary or compulsory liquidation, become subject to the appointment of a controller or administrator, or become the subject of an order or resolution to wind up.

18.1A The grounds in clause 18.1(a), (b), (c) and (d) are no-fault grounds: they may arise without any failure by you, and clause 18.6 applies to them. Leaky Roof will tell you which ground it relies on at the time, and will give you the reasons for it on request.

18.1B Leaky Roof has no right to terminate the Agreement for convenience, or for any reason other than a ground set out in clause 18.1.

18.2 You may terminate the Agreement immediately by notice in writing if Leaky Roof breaches a material term of the Agreement and does not remedy the breach within 14 days after you issue a notice to Leaky Roof to rectify it. This is in addition to any right you have to terminate, reject the Services or obtain a refund under the Australian Consumer Law, and to your right to change your mind under clause 18.4.

18.3 If the Agreement is terminated prior to completion of the Services, Leaky Roof will stop providing the Services and you will be liable for payment for any Services provided up to and including the date of termination, together with any reasonable costs, losses, materials, supplier commitments, scheduling allocation, labour allocation, mobilisation, logistics, cancellation, restocking, freight, handling or other amounts payable under clauses 4.7, 5.5, 14, 18.4 and 18.5, except to the extent the termination is caused by Leaky Roof's breach, is on a no-fault ground under clause 18.1A, or a refund or other remedy is required under the Australian Consumer Law.

18.4 If you cancel shortly after acceptance and before Leaky Roof has incurred or committed to material costs, supplier costs, scheduling allocation, labour allocation, logistics or administration beyond ordinary booking administration, Leaky Roof may refund the deposit less any reasonable costs already incurred or committed. Once Leaky Roof has allocated resources, reserved dates, ordered or committed to materials, or otherwise incurred costs or losses, the following applies.

If you terminate the Agreement because you have changed your mind, Leaky Roof may retain from any deposit or prepaid amount all reasonable costs, losses and commitments incurred or committed by Leaky Roof up to the date of cancellation, including scheduling allocation, lost opportunity to book other work, labour allocation, project administration, supplier commitments, materials ordered or committed to, logistics, mobilisation, restocking fees, cancellation fees, freight, handling costs and any other reasonable cost or loss arising from the cancellation.

Where those reasonable costs, losses and commitments equal or exceed the deposit or prepaid amount, no refund is payable for a change-of-mind cancellation. Where they are less than the deposit or prepaid amount, Leaky Roof will refund the balance. Leaky Roof will provide a written breakdown of any amount retained on request. This clause does not apply where you terminate because of Leaky Roof's breach or where a refund or other remedy is required under the Australian Consumer Law.

18.5 If Leaky Roof has ordered, purchased, received or committed to materials on your behalf, the cost of those materials, whether delivered or on order, may be deducted from any refund unless the supplier accepts cancellation or return and Leaky Roof receives a refund or credit. Any supplier cancellation fee, restocking fee, freight cost, handling cost or other reasonable cost incurred or committed by Leaky Roof will be deducted from any refund. Custom, non-standard, colour-selected, special-order or project-specific materials may not be returnable and may be retained from the deposit in full where Leaky Roof remains liable for those costs.

18.6 Where Leaky Roof terminates on a no-fault ground under clause 18.1A, clauses 18.4 and 18.5 do not apply. Leaky Roof will refund all amounts you have paid, less only the value of any Services actually and properly performed and any materials already installed at the property and left in place for your benefit. Leaky Roof will give you a written statement of the amount retained and the basis for it. Nothing in this clause limits any right or remedy you have under the Australian Consumer Law.

19.1 Upon completion of the Services, Leaky Roof will conduct a final inspection and provide you with completion documentation (which may include photographs and a completion report).

19.2 Please inspect the completed work and notify us in writing of any defect as soon as reasonably practicable, and within 14 days of completion where possible, so we can rectify quickly. Failing to notify within this period does not waive your rights, but Leaky Roof is not liable for further damage that prompt notification would reasonably have prevented.

19.3 Latent defects that could not reasonably have been identified during a visual inspection are subject to the workmanship guarantee in clause 12 and your rights under the Australian Consumer Law.

19.4 Leaky Roof will use reasonable endeavours to rectify notified defects within 14 days of receiving written notice, subject to weather, material availability, and scheduling. Rectification timeframes are not guaranteed.

19.5 The 14-day notification period and the 5-year workmanship guarantee describe Leaky Roof's voluntary guarantee process. They operate in addition to, and do not limit, your rights under the Australian Consumer Law and any applicable statutory warranty, which continue for the periods provided by law.

20.1 You acknowledge that Leaky Roof, at its sole discretion, may elect to subcontract the Services, or any part of the Services, to a third party.

20.2 Leaky Roof remains responsible to you for the Services performed by any subcontractor it engages, subject to these Terms, and will ensure that any subcontractor it engages is appropriately licensed, qualified and insured where required for the work.

21.1 Leaky Roof holds Public Liability Insurance with coverage of $20,000,000. A certificate of currency is available on request.

21.2 Leaky Roof's insurance does not constitute Professional Indemnity Insurance. Leaky Roof's liability is subject to the terms of its insurance policies and the limitations set out in clause 22.

21.3 Residential building work insurance (sometimes called "home warranty" insurance) is not required for every job. In the Australian Capital Territory it is required where the work is residential building work that both requires building approval and is valued at $12,000 or more. Home Building Compensation cover applies to work in New South Wales on the terms set by NSW legislation.

21.4 Whether the insurance is required depends on the actual scope and value of the work, not on the name the work is given. A quote described as a repair, a restoration or maintenance may still be work that requires building approval once its true scope is known, and describing it that way does not make it exempt. Leaky Roof applies the test in clause 21.3 to the work actually to be carried out, and re-applies it if the scope changes, including where the scope changes after work has commenced.

21.4A A tile-to-metal conversion changes the roof material and the structural loading, requires building approval, and does attract this insurance, so it is never quoted, scheduled or commenced as though it were exempt.

21.5 Leaky Roof will not decide that question itself for the following scopes. Where the work involves any of them, Leaky Roof will refer the question of whether building approval and this insurance are required to a licensed building certifier, or rely on an equivalent approved decision record, before the work is quoted as exempt and before it commences:

• a tile-to-metal or other change of roof material or roof cladding;
• a full re-roof, re-sheet or roof replacement, or replacement of a large proportion of the roof;
• any change to the structure of the roof, including trusses, rafters and load-bearing elements;
• any change to the roof form, pitch, roof line or profile; and
• replacement of roof framing or battens.

21.5A Where the insurance is required, Leaky Roof will obtain it before work commences and will give you the certificate. Work cannot commence until any required building approval has been issued and the required insurance is in place, and any resulting scheduling delay is not a breach of this Agreement. Where Leaky Roof has determined the insurance is not required, it will tell you that and the basis for it on request. The absence of that insurance does not affect your rights under the Australian Consumer Law, any applicable statutory warranty, or Leaky Roof's voluntary workmanship guarantee under clause 12.

22.1 Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law that cannot be excluded. Subject to that, and to the extent permitted by law, Leaky Roof's liability for failure to comply with a guarantee is limited (where section 64A of the Australian Consumer Law permits), at the option of Leaky Roof, to re-supplying the Services or paying the cost of having the Services supplied again.

22.2 Nothing in this Agreement excludes, restricts or modifies Leaky Roof's liability for:

1. death or personal injury caused by Leaky Roof, its employees or its subcontractors;
2. physical loss of or damage to your property, including the building and its contents, caused by Leaky Roof's defective work, negligent act or omission, or failure to take reasonable care - and, so there is no doubt, water damage, water ingress and resulting damage to ceilings, insulation, linings, floors, fixtures and contents arising from defective roofing work is direct loss of this kind and is NOT treated as indirect or consequential loss under clause 22.2A;
3. fraud, dishonesty, or wilful or reckless misconduct; or
4. any other liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

22.2A Subject to clause 22.2, and to the extent permitted by law, Leaky Roof is not liable for indirect or consequential loss, being loss of profit, loss of revenue, loss of anticipated savings, loss of business or business opportunity, loss of rent or loss of production. This clause does not apply to any loss or damage that is a reasonably foreseeable consequence of a failure by Leaky Roof to comply with a consumer guarantee, which you remain entitled to recover under section 267 of the Australian Consumer Law.

22.3 Without limiting clause 22.2, Leaky Roof will not be liable for any claims, damages, obligations, losses, liabilities, costs, debt, and expenses arising from:

1. your conduct including, but not limited to, any breach of these terms;
2. any action by you which voids or decreases Leaky Roof's benefits under any applicable insurance policy; or
3. any pre-existing roof or building condition, structural deficiency, concealed defect, asbestos-containing material, hazardous material, tile roof with no sarking, missing, inadequate, deteriorated or failed sarking, existing leak, water-ingress path, timber decay, corrosion, previous poor workmanship, prior repair, inadequate roof pitch, inadequate ventilation, stormwater or drainage issue, or other condition that was not caused by Leaky Roof and was not disclosed to Leaky Roof or reasonably identifiable during a visual inspection.

22.4 You indemnify Leaky Roof against loss to the extent it is caused by your breach of this Agreement, your negligent or wrongful act or omission, or undisclosed pre-existing conditions, except to the extent the loss is caused by Leaky Roof. This indemnity does not apply to any liability that cannot be limited under the Australian Consumer Law.

22.5 Inspection reports are subject to clause 29. Nothing in these terms excludes or limits any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other applicable legislation that cannot be excluded by agreement.

Records we keep to do the work

23.1 Leaky Roof photographs, videos and otherwise records the property, the roof, works in progress and completed works (collectively, "Content") as an ordinary part of providing the Services. This is necessary to carry out and document the work, and Leaky Roof relies on it to prepare inspection reports and quotes, record the condition of the roof before and after the work, evidence defects and completion, assess and answer warranty claims and insurance claims, resolve disputes, and meet safety and regulatory obligations.

23.2 Content created for those purposes is retained as part of the job record in accordance with our Privacy Policy and our record-retention schedule. It is not used for marketing unless you have given the separate permission described below.

Marketing use - separate and optional

23.3 Leaky Roof will only use Content to promote its business where you have given separate, express permission to do so. That permission:

• is optional, and is never a condition of providing the Services, of any price, or of any guarantee;
• must be given by a positive act - it is not implied by accepting a Proposal, completing an online booking, paying an invoice, or by your silence;
• may be limited by you, including to particular images or particular channels; and
• may be withdrawn by you at any time, by telling us in writing at info@leakyroof.com.au.

23.4 Where you give that permission, you grant Leaky Roof a non-exclusive, royalty-free licence to use, reproduce, adapt and publish the Content for marketing, advertising, promotional and educational purposes, including on Leaky Roof's website, social media, print materials, case studies and advertising platforms. That licence is subject to clause 23.5 and to your right to withdraw under clause 23.3.

23.5 Leaky Roof will not publish identifiable images of you or any occupant of the property, your full address, vehicle number plates, or private or security-sensitive information, whether or not you have given marketing permission, unless you have separately and expressly agreed to that specific use in writing.

23.6 If you withdraw your permission, Leaky Roof will stop using the Content for marketing and will remove it from channels it controls within a reasonable period. Leaky Roof cannot recall third-party shares, re-posts, archived copies, search-engine caches or printed material already produced and distributed, and does not promise to do so. Withdrawing marketing permission does not require Leaky Roof to delete Content held as part of the job record under clause 23.1, which we may still need to answer a warranty or insurance claim.

24.1 All inspection reports, photographs, documentation, website content, branding, and materials created by Leaky Roof remain the intellectual property of Leaky Roof. Reports and photographs taken during inspections are provided for the customer's use in relation to the inspected property. You may share an inspection report with your insurer, conveyancer, solicitor, property manager, builder or trade adviser, real estate agent, prospective buyer or seller, strata manager or lender solely for purposes connected with the inspected property. The report may not be published, resold, or used commercially, and no third party may rely on it without Leaky Roof's written consent.

25.1 From time to time, Leaky Roof may collect certain information from you. Any information that you provide when engaging Leaky Roof is subject to our Privacy Policy (available at leakyroof.com.au/privacy). We will never sell your personal information to third parties.

26.1 If a dispute arises in relation to this Agreement, one or more Parties may give written notice to another Party (together "Disputing Parties") requiring that an attempt be made to resolve the dispute and the Disputing Parties agree to use their best endeavours to first settle the dispute by discussions in good faith between the Disputing Parties (or a person a Disputing Party nominates as its representative).

26.2 If a dispute is not resolved within 10 Business Days (or such period as agreed in writing by the Disputing Parties) after written notice of the dispute has been given, any Disputing Party may give the other a written notice requiring that the dispute be resolved by a mediator appointed jointly by the Disputing Parties ("Mediation Notice").

26.3 If the Disputing Parties do not agree on a mediator within 5 Business Days after the Mediation Notice is given, the mediator is to be appointed by the Resolution Institute.

26.4 The mediation is to be conducted in accordance with the Resolution Institute's Mediation Rules and those rules are binding on the Disputing Parties.

26.5 The Disputing Parties must co-operate fully with the mediator.

26.6 Any mediation agreement resulting from the mediation shall be binding on the Disputing Parties.

26.7 The Disputing Parties must pay an equal share of the fees and expenses the mediator is entitled to.

26.8 Nothing in these terms limits your rights to lodge a complaint with ACT Fair Trading, NSW Fair Trading, or the ACCC.

27.1 You are responsible for selecting and approving the roof or cladding colour, profile and finish. Where practicable we will show you physical colour samples and/or email you the colour selection for confirmation, and your selection is recorded in writing on the accepted quote or job record before materials are ordered.

27.2 Where you do not nominate a colour, you authorise Leaky Roof to select the closest reasonable match to your existing roof or the reference provided, using our professional judgement. You acknowledge that an exact match cannot be guaranteed.

27.3 Colours are selected from manufacturer ranges (for example, Colorbond). The finished product may differ in appearance from samples, swatches, digital screens and printed images, and may vary with lighting, sheen, viewing angle, scale and manufacturing batch. Such variation is inherent to the product and is not a defect.

27.4 Once your colour selection is confirmed and materials are ordered or installed, a change of mind about the colour is not a ground for rework, replacement, refund, discount or withholding payment, and any change you request is a chargeable variation under clause 14.

27.5 This clause does not apply where the colour or finish supplied differs from the colour you approved, or to any non-excludable rights you have under the Australian Consumer Law.

28.1 Where the Services relate to an insurance claim, your contract is with Leaky Roof, not your insurer. You are responsible for lodging and managing your claim directly with your insurer.

28.2 Our quote is based on our own assessment and scope of works, not your insurer's scope or assessment. Any difference between our price and the amount your insurer agrees to pay is your responsibility.

28.3 You remain liable to pay Leaky Roof in full in accordance with these terms regardless of whether, when, or how much your insurer pays. Payment is not conditional on settlement of your insurance claim.

29.1 Unless the Proposal expressly states otherwise, any inspection, report or assessment we provide is a visual inspection only.

29.2 A visual inspection is limited to the areas of the roof and building that are safely and reasonably accessible and visible at the time of inspection. We do not remove or lift roofing materials, tiles, sheets, flashings, cladding, wall linings, ceilings, insulation, sarking, solar systems, equipment, stored items or other building components unless that is specifically included in the agreed scope.

29.3 You acknowledge that concealed or latent conditions may exist that cannot reasonably be identified during a visual inspection, including concealed water-ingress paths, existing leaks, structural defects, timber decay, corrosion, asbestos-containing or hazardous materials, tile roofs with no sarking, missing, inadequate, deteriorated or failed sarking, brittle or cracked tiles, deteriorated ridge capping, prior poor workmanship, prior repairs, non-compliant historical works, inadequate ventilation, inadequate roof pitch, and stormwater or drainage issues outside the agreed scope. Such conditions may only become apparent after works commence or after materials are removed.

29.4 Our inspection findings reflect the condition observed at the time of inspection only. We do not guarantee the future performance of the roof, and we are not responsible for defects or conditions that were not reasonably identifiable during a visual inspection.

29.5 An inspection report is not an engineering report, building certification, compliance certificate, pest report, asbestos report, plumbing report, waterproofing certificate or insurance policy unless expressly stated.

29.6 Where concealed or latent conditions are discovered after works commence, the additional work is dealt with as a variation under clause 14.

29.7 Nothing in this clause limits our obligation to perform the inspection itself with due care and skill, or any right you have under the Australian Consumer Law that cannot be excluded.

29.8 You acknowledge that many existing tile roofs, older roofs or previously repaired roofs may have no sarking, inadequate sarking, deteriorated sarking or failed sarking. Unless the accepted Proposal expressly includes the supply and installation or rectification of sarking, Leaky Roof is not responsible for leaks, water ingress, condensation, heat transfer, dust, debris, wind-driven rain or performance issues arising from missing, inadequate, deteriorated or failed sarking. If sarking issues are discovered after works commence, any required rectification or additional work will be treated as a variation under clause 14.

30.1 This Agreement is governed by the laws of the Australian Capital Territory, and the parties submit to the non-exclusive jurisdiction of the courts of the ACT or the Commonwealth of Australia (whichever is applicable), unless the dispute must be heard in a court of another jurisdiction by law.

30.1A Mandatory law of another State or Territory. Clause 30.1 does not exclude, restrict or modify any law of another State or Territory that applies of its own force to Services carried out in that place and that cannot lawfully be excluded by agreement. In particular, where Services are carried out in New South Wales, the statutory warranties and other mandatory requirements of the Home Building Act 1989 (NSW) and related legislation apply to that work, and prevail over any inconsistent term of this Agreement to the extent of the inconsistency.

30.1B Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, statutory warranty, or other right or remedy that cannot lawfully be excluded, restricted or modified.

30.2 If any provision of this Agreement is held to be void, invalid, prohibited or unenforceable, that provision is severed to the extent necessary and the remaining provisions continue in full force and effect. Leaky Roof will not seek to rely on a provision of this Agreement to the extent that the provision is void, prohibited or unenforceable, including where it would be an unfair contract term under Part 2-3 of the Australian Consumer Law.

30.3 A failure by Leaky Roof to exercise or enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.

30.4 You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Leaky Roof, which will not be unreasonably withheld.

30.4A Leaky Roof may assign or novate this Agreement, on written notice to you, only to a related body corporate of Leaky Roof, or to a person who acquires the whole or substantially the whole of Leaky Roof's roofing business, and only where that person:

1. holds the licences, qualifications and insurances required to perform the outstanding obligations, including any applicable builders licence;
2. assumes all of Leaky Roof's outstanding obligations to you, including any workmanship guarantee already given and any accrued liability; and
3. does not thereby materially reduce your rights or remedies under this Agreement, under any guarantee given to you, or under the Australian Consumer Law.

30.4B Any other assignment or novation by Leaky Roof requires your prior written consent. Engaging a subcontractor under clause 20 is not an assignment, and does not relieve Leaky Roof of responsibility to you for the Services.

30.5 Leaky Roof may update these Terms from time to time. The Terms that apply to your engagement are those in force when you accept your Proposal or booking. Updated Terms apply only to Proposals or bookings made after the update is published.

If you have any questions about these Terms & Conditions, please contact us:

• Business: Leaky Roof Pty Ltd
• ABN: 99 619 565 614
• Address: Kambah, ACT 2902, Australia
• Phone: (02) 5133 5608
• Email: info@leakyroof.com.au
• Website: leakyroof.com.au
• Office hours: Monday to Friday, 9:00am - 5:00pm (closed weekends and public holidays). On-site works are carried out Monday to Friday; out-of-hours work is by prior arrangement and may incur additional fees.