Legal

Terms & Conditions

Last updated: 14 May 2026

1. Definitions

In these Terms and Conditions:

  • "Company" means Microcement Pools Pty Ltd, ABN 96 696 597 001, ACN 696 597 001, registered in Western Australia.
  • "Client" means the person, business, or entity engaging the Company's services.
  • "Services" means microcement pool surfacing, resurfacing, waterproofing, repairs, restoration, and any related works provided by the Company.
  • "Quote" means the written estimate provided by the Company for the proposed Services.
  • "Agreement" means these Terms and Conditions together with any applicable Quote, contract, or work order.
  • "Site" means the property at which the Services are to be performed.

2. Acceptance of Terms

By requesting a quote, engaging our services, or using our website (microcementpoolspty.online), you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our website or engage our services.

These terms apply to the exclusion of any terms proposed by the Client unless expressly agreed to in writing by the Company.

3. Australian Consumer Law

Nothing in these Terms and Conditions excludes, restricts, or modifies any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any applicable state or territory consumer protection legislation, including but not limited to:

  • Guarantees that services will be provided with due care and skill (ACL s60)
  • Guarantees that services are reasonably fit for any particular purpose made known to the provider (ACL s61)
  • Guarantees that goods supplied in connection with services are of acceptable quality (ACL s54)

Where the Company provides a guarantee under the ACL, your rights to a remedy (including repair, replacement, or refund) are preserved in full.

4. Quotes and Estimates

  • All quotes are provided in writing and are valid for 30 days from the date of issue, unless otherwise stated.
  • Quotes are estimates based on information provided by the Client and a visual site inspection. Variations may occur if conditions differ from those observed or described.
  • The Company reserves the right to revise a quote if: (a) hidden damage or structural issues are discovered during works; (b) the Client requests additional or changed services; (c) material costs change significantly after the quote was issued.
  • A quote becomes a binding agreement only upon written acceptance by the Client and receipt of any required deposit.

5. Service Delivery

  • The Company will perform the Services with due care, skill, and in accordance with applicable industry standards and building regulations in Western Australia.
  • Timeframes provided are estimates only and may be affected by weather, material availability, site conditions, or other factors beyond the Company's reasonable control.
  • The Client must ensure: (a) clear and safe access to the Site; (b) that the Site is ready for works as agreed; (c) that all necessary approvals or permits have been obtained.
  • The Company is not liable for delays caused by the Client's failure to provide access or information in a timely manner.

6. Payment Terms

  • A deposit of up to 50% of the quoted amount may be required prior to commencement of works.
  • Progress payments may apply for larger projects, as specified in the Quote or Agreement.
  • Final payment is due within 14 days of invoice date, unless otherwise agreed in writing.
  • Payments may be made by bank transfer, credit card, or other methods as advised by the Company.
  • Late payments may incur interest at the rate of 2% per month on the outstanding balance.
  • The Company reserves the right to suspend works if payments are not made in accordance with the agreed schedule.

7. Warranty

  • The Company provides a warranty on workmanship in addition to any guarantees under the Australian Consumer Law.
  • Warranty periods are as specified in the Quote or Agreement and commence from the date of practical completion.
  • Warranty claims must be made in writing to ceo@microcementpoolspty.online within the applicable warranty period.
  • The warranty does not cover: (a) damage caused by improper use, neglect, or unauthorised modifications; (b) normal wear and tear; (c) damage caused by factors beyond the Company's control, including natural disasters, ground subsidence, or structural movement; (d) aesthetic changes resulting from improper pool chemistry or maintenance.

8. Limitation of Liability

Subject to the Australian Consumer Law and any guarantees that cannot be excluded:

  • The Company's total liability for any claim arising from or relating to the Services is limited to the total amount paid by the Client for the specific Services giving rise to the claim.
  • The Company is not liable for any indirect, incidental, special, or consequential losses, including but not limited to loss of profits, loss of revenue, loss of opportunity, or loss of use.
  • Where the Company supplies goods in connection with the Services, liability for a failure to comply with a consumer guarantee under the ACL is limited, at the Company's option, to: (a) the replacement of the goods; (b) the supply of equivalent goods; (c) the repair of the goods; (d) the payment of the cost of replacing or acquiring equivalent goods; or (e) the payment of the cost of having the goods repaired.
  • The Client acknowledges that any reliance on advice provided by the Company is at the Client's own risk, and the Company makes no representations or warranties except those expressly set out in the Agreement.

9. Variations

  • Any variation to the scope of Services must be agreed in writing by both parties.
  • Written variation requests should be directed to ceo@microcementpoolspty.online.
  • Additional costs resulting from approved variations will be invoiced separately or as agreed.
  • The Company is not obligated to accept any variation request and may decline if it affects project viability or scheduling.

10. Intellectual Property

  • All intellectual property rights in materials, designs, processes, methodologies, trade secrets, and know-how used or developed by the Company in delivering the Services remain the exclusive property of the Company.
  • The Client is granted a non-exclusive, non-transferable licence to use any deliverables provided by the Company for their intended purpose only.
  • The Client must not reproduce, distribute, or modify any Company materials, including marketing content, technical specifications, or photographs, without prior written consent.
  • The Company may use photographs of completed projects for marketing and portfolio purposes unless the Client notifies the Company in writing that they do not consent.
  • All content on the Company's website (microcementpoolspty.online), including text, images, logos, and design elements, is owned by or licensed to Microcement Pools Pty Ltd and is protected by Australian and international copyright laws.

11. Termination

By the Client:

  • The Client may terminate the Agreement by providing 14 days' written notice to the Company.
  • If termination occurs after work has commenced, the Client must pay for all Services performed and materials supplied up to the date of termination, plus any non-cancellable commitments or restocking fees incurred by the Company.

By the Company:

  • The Company may terminate the Agreement immediately by written notice if the Client: (a) fails to make payment within 14 days of the due date; (b) breaches any material term of the Agreement; (c) becomes insolvent or enters into bankruptcy, administration, or liquidation.
  • The Company may also terminate for convenience with 14 days' written notice, in which case the Client will only be liable for Services rendered and materials supplied up to the termination date.

Effect of termination: Termination does not affect any rights or obligations that have accrued prior to termination, including payment obligations and any rights under the Australian Consumer Law.

12. Dispute Resolution

  • If a dispute arises, either party must provide written notice to the other party outlining the nature of the dispute.
  • The parties agree to attempt to resolve the dispute in good faith through negotiation within 14 days of the notice.
  • If unresolved, the dispute may be referred to mediation administered by a mutually agreed mediator or an appropriate dispute resolution body in Western Australia.
  • Either party may seek urgent interlocutory relief from a court at any time if necessary to preserve rights or prevent irreparable harm.

13. Indemnity

The Client indemnifies the Company against all losses, damages, costs, and expenses arising from: (a) the Client's breach of the Agreement; (b) the Client's negligence or wilful misconduct; (c) any claim by a third party arising from the Client's use of the Services, except to the extent that such losses are caused by the Company's negligence or breach.

14. Privacy

The Company handles personal information in accordance with its Privacy Policy, which is incorporated into these Terms and Conditions by reference. By engaging the Company's services, the Client consents to the collection, use, and disclosure of personal information as described in the Privacy Policy.

15. Website Use

  • Use of the Company's website is provided on an "as is" and "as available" basis.
  • The Company does not warrant that the website will be uninterrupted, error-free, or free of viruses.
  • Users must not use the website for any unlawful purpose or in any way that could damage, disable, or impair the Company's operations.
  • The Company reserves the right to modify, suspend, or discontinue any part of the website at any time without notice.

16. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

17. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable. If it cannot be read down, it will be severed, and the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms and Conditions, together with any applicable Quote or work order, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.

19. Amendments

The Company reserves the right to amend these Terms and Conditions at any time. Updated terms will be published on microcementpoolspty.online. Continued use of the Company's services or website after amendments constitutes acceptance of the revised terms.

20. Contact

For questions about these Terms and Conditions, please contact:

Microcement Pools Pty Ltd
ABN 96 696 597 001 | ACN 696 597 001
Western Australia 6015
📧 ceo@microcementpoolspty.online
🌐 microcementpoolspty.online