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 All Leaky Roof's Services are carried out between 7:30am and 6:30pm 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.

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, which you acknowledge is a genuine pre-estimate of the administrative costs incurred by Leaky Roof in managing overdue accounts;
3. not provide any further service to you until the debt is paid; and
4. pass on to you in full any debt collection charges incurred as a result of non-payment of any account.

4.7 You must pay Leaky Roof's expenses and materials costs regardless of whether our services are terminated by you or by us prior to the completion of the work Leaky Roof has been instructed to do.

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.

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 If:

1. you terminate the agreement prior to our commencement of work on your roof; and
2. Leaky Roof has used part or all of your deposit to purchase materials to provide the Services;

Leaky Roof will not refund any part or all of the deposit used to purchase the materials.

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 ACT or Greater Sydney region unless:

1. you require Leaky Roof to attend a site outside these operating regions; and
2. Leaky Roof and you agree in writing as to the additional costs to be paid for both travel and accommodation; and
3. you pay those costs to Leaky Roof in addition to the Fees stated in the Proposal.

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 In the event that you have a query or concern about the Services or conduct of Leaky Roof, you must notify Leaky Roof within 7 days of becoming aware of any issue.

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.

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 provide recommendations about products or services provided by third parties. You acknowledge and agree that Leaky Roof does not provide any warranty as to the supply or quality of any third-party products or services. Products and equipment may be covered by a manufacturer's warranty, and product failure will only be covered under the terms of such warranty as stated on the manufacturer's brochure.

11.3 To the extent permitted by law, you acknowledge that any warranty given by Leaky Roof, whether given in accordance with these terms or by law, is voided, terminated or otherwise limited to the maximum extent allowed by law if, after Leaky Roof has performed any part of the Services, you:

1. engage another person to provide any services similar to the Services;
2. attempt to perform any act on the roof similar to the Services;
3. access the roof, or procure another person to access the roof, in a manner which interferes in any way with the Services; or
4. otherwise do anything, or procure that another person does anything, that in any way interferes or interrupts with the Services,

(each, an "Interference").

11.4 You specifically acknowledge that, on completion of the Services, Leaky Roof will provide you with adequate documentation to evidence the standard with which the Services have been completed. You acknowledge that this documentation may be used by Leaky Roof to evidence the occurrence of an Interference.

12.1 All completed work performed by Leaky Roof is backed by a 5-year workmanship guarantee. This guarantee covers defects in workmanship related to the specific work we performed and is subject to the following conditions:

• The guarantee applies only to the work described in the accepted Proposal or service agreement.
• The guarantee does not cover damage caused by severe weather events, third-party interference, structural movement, falling objects, or general wear and tear unrelated to our workmanship.
• Manufacturer warranties on materials are separate and are passed through to the customer as applicable.
• The guarantee is subject to the warranty conditions in clause 11.

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.

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.

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

1. the work is necessary to ensure the safety or structural integrity of the property;
2. delay in performing the work would cause further damage to the property; or
3. the additional cost does not exceed $500 (inc. GST) and is a reasonable and necessary extension of the approved scope.

14.3 In the circumstances described in clause 14.2, Leaky Roof will proceed with the Unforeseen Work and notify you of the additional cost at the earliest opportunity. You agree to pay for any Unforeseen Work carried out in accordance with this 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 a licence to remove or disturb asbestos. You will be responsible for engaging a licensed asbestos removalist at your own cost before work can recommence in the affected area.

15.3 Any delays to the Services caused by the discovery of hazardous materials will not constitute a breach of this Agreement by Leaky Roof, and Leaky Roof will not be liable for any additional costs, loss, or damage arising from such delays.

15.4 You warrant that, to the best of your knowledge, you have disclosed to Leaky Roof prior to the commencement of Services any known or suspected presence of asbestos or other hazardous materials at the property. Failure to disclose may result in additional charges and you indemnify Leaky Roof against any loss, cost, or liability arising from undisclosed hazardous materials.

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:

1. by giving 7 days' notice in writing for the provision of services where those services will take less than 20 days;
2. by giving 30 days' notice in writing for other services;
3. immediately by giving notice in writing and at any time if you:
   1. breach any terms and conditions of the Agreement which is not remedied within 14 days after Leaky Roof issues a notice to you to rectify the breach;
   2. commit an act of bankruptcy, enter into voluntary or compulsory liquidation, become subject to the appointment of a controller or administrator, order or resolution to wind up; or
   3. otherwise become unable to provide payment for the Services.

18.2 You may terminate the Agreement by giving 30 days' notice in writing, if Leaky Roof breaches any terms and conditions of the Agreement which is not remedied within 14 days after you issue a notice to Leaky Roof to rectify the breach.

18.3 If the Agreement is terminated prior to completion of the provision 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.

18.4 If you terminate the Agreement because you have changed your mind, the following refund schedule applies:

1. Within 24 hours of signing the Proposal and paying the deposit: full refund of the deposit, no questions asked.
2. After 24 hours but within 7 days of signing the Proposal and paying the deposit: refund of the deposit less any costs already incurred by Leaky Roof, including but not limited to materials ordered or received, supplier commitments, scheduling allocation, and administrative costs. Leaky Roof will provide you with a written breakdown of any costs deducted.
3. After 7 days from signing the Proposal and paying the deposit: no refund of the deposit. The deposit is retained to cover costs incurred by Leaky Roof in scheduling, procurement, and resource allocation.

18.5 In all cases under clause 18.4, if Leaky Roof has ordered materials on your behalf, the cost of those materials (whether delivered or on order) will be deducted from any refund. Materials ordered cannot be cancelled or returned once a purchase order has been placed with the supplier.

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 You must inspect the completed work and notify Leaky Roof of any defects in writing within 14 days of completion ("Defects Notification Period"). Defects notified within this period will be rectified by Leaky Roof at no additional cost, provided the defect is attributable to Leaky Roof's workmanship and not to any Interference (as defined in clause 11.3), third-party damage, weather event, or pre-existing condition.

19.3 Defects not notified within the Defects Notification Period are deemed accepted unless they are latent defects that could not reasonably have been identified during a visual inspection. Latent defects are subject to the workmanship guarantee in clause 12.

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 Any claim relating to defective workmanship must be made within the 5-year workmanship guarantee period specified in clause 12. Claims not made within this period are barred to the maximum extent permitted by law.

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.

22.1 The maximum liability of Leaky Roof arising directly or indirectly from any breach of these terms is, except where applicable law expressly requires otherwise, limited, at the option of Leaky Roof, to:

1. supplying of the Services again; or
2. the payment of the cost of having the Services supplied again.

22.2 Under no circumstances will Leaky Roof be liable for any indirect, consequential, special, or incidental loss or damage, including but not limited to loss of profit, loss of revenue, loss of use, or damage to property beyond the direct cost of rectification, whether arising in contract, tort, negligence, or otherwise.

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 condition, structural deficiency, or concealed defect at the property that was not disclosed to Leaky Roof or reasonably identifiable during a visual inspection.

22.4 You indemnify, release from liability and hold harmless Leaky Roof from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including consequential loss) arising from clause 22.3 above.

22.5 Inspection reports represent the condition of the roof at the time of inspection based on a visual assessment and do not guarantee future performance. 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.

23.1 You acknowledge and agree that Leaky Roof may photograph, video, or otherwise record the property, works in progress, and completed works (collectively, "Content") during the provision of the Services.

23.2 By accepting the Proposal or completing an online booking, you grant Leaky Roof a non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, and publish the Content for marketing, advertising, promotional, educational, and business purposes, including but not limited to use on Leaky Roof's website, social media accounts, print materials, case studies, and third-party advertising platforms.

23.3 The Content will not include identifiable images of you or any occupants of the property without separate written consent.

23.4 If you do not wish for your property to be used in any marketing materials, you must notify Leaky Roof in writing prior to commencement of the Services. Leaky Roof will make reasonable efforts to comply with such a request.

23.5 Where Content has already been published prior to receiving a written opt-out request, Leaky Roof will make reasonable efforts to remove the Content within 30 days of receiving the request.

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 or the ACCC.

27.1 This Agreement is governed by the laws of the Australian Capital Territory, regardless of where the Services are performed (including but not limited to the Greater Sydney region or any other location). The parties agree to submit to the non-exclusive jurisdiction of the courts of the ACT or the Commonwealth of Australia (whichever is applicable) in respect of any dispute arising, unless the dispute must be heard in a court of another jurisdiction by law.

27.2 If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.

27.3 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.

27.4 You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Leaky Roof. Leaky Roof may assign its rights and obligations under this Agreement without your consent.

27.5 Leaky Roof reserves the right to update or modify these Terms & Conditions at any time. Changes will be posted on this page with an updated effective date. Continued use of our website or services after changes are posted constitutes your acceptance of the revised terms.