Terms & Conditions - Pool Resurfacing

Our quote is valid for 30 days from its date. We schedule work only once you have accepted the quote in writing (by signing the acceptance section) and paid the required deposit. These terms, together with the quote, form the contract between us once accepted.

A deposit of 50% of the total quoted price is payable on acceptance, before we commence work or order materials. The balance of 50% is payable on completion, before handover. For works outside the Perth metropolitan area, a regional service surcharge also applies (see clause 4). Your deposit covers materials and preparation and becomes non-refundable to the extent we have incurred costs or ordered materials. Where a severe-osmosis assessment applies, refunds are dealt with under clause 8. Payment is due within 7 days of an invoice. We may suspend work or withhold handover while any payment is overdue, and we reserve our rights to recover unpaid amounts, including under the Building and Construction Industry (Security of Payment) Act 2021 (WA) where it applies.

For works located outside the Perth metropolitan area, a regional service surcharge applies and will be shown as a separate line on your quote. This surcharge covers the cost of servicing a remote location, including travel time, accommodation, fuel, freight, vehicle and equipment transport, mobilisation, meals and regional job expenses. It is payable in all cases where work proceeds to site and is not refundable once travel, freight or accommodation has been arranged. Unless otherwise stated in the quote, the following regional surcharges apply per pool: Region Regional service surcharge Karratha / Pilbara regional works $7,000 + GST per pool South West works, including Bunbury, Busselton, Dunsborough, Margaret River and surrounding areas, where the trip is for one job only $5,500 + GST per pool Other regional locations Quoted case-by-case in writing

Any work beyond the listed scope is a variation. Before any variation work proceeds, we will give you the scope and price of the variation in writing for you to approve and sign. Verbal requests are not included unless confirmed in writing. A variation may also affect the completion date.

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Some conditions affecting a pool cannot be detected from its visible condition, while it is filled, or before preparation and grinding are under way. These include, but are not limited to, the extent of moisture in the laminate, hidden structural cracking, previously concealed repairs, the condition of the original construction, and the effects of the surrounding ground and water table. We cannot be expected to identify such conditions at quotation, and they are not our risk. Where a latent or unforeseen condition is revealed during the work, the additional work required will be treated as a variation under clause 5, or dealt with under clauses 7 to 9, and we will discuss it with you before proceeding

The presence of osmosis blistering may be visible at quotation; however, the full extent, depth and severity of moisture within the fibreglass laminate cannot be determined until the surface has been drained, ground back and inspected. Where preparation reveals that moisture penetration, laminate saturation, delamination or cracking is more extensive than was reasonably apparent at quotation — including ongoing moisture seepage after grinding back to apparently sound fibreglass — the additional grinding, drying, materials and labour required will be treated as a variation, priced and approved in writing before that additional work proceeds. Where such a variation is identified, work will pause and we will give you a written estimate of the additional cost and time before proceeding. You may approve the variation, or elect not to proceed, in which case we are paid for work completed and materials supplied to that point.

Where the pool shell displays severe or widespread osmosis at quotation, the full extent cannot be confirmed while the pool is filled or before preparation begins. In these cases: (a) We will advise you at quotation that severe osmosis is present and that we cannot confirm a firm price for full resurfacing until the pool is drained and test sections are ground out and assessed. (b) We will grind one or more test sections (each up to about 0.5 m²) at several locations around the pool — walls, floor and corners, and near any visible plumbing or damp areas — to determine whether moisture is isolated or has saturated the laminate. A test patch represents only the area tested; isolated damage elsewhere may not be revealed by it (see clause 10). (c) This preliminary assessment is a paid stage and is payable whether or not full resurfacing proceeds. (d) A severe-osmosis surcharge applies to reflect the additional preparation, grinding and drying these pools require. (e) After the assessment, we will advise whether resurfacing can proceed as quoted, requires a variation, or is not viable, and we will requote accordingly. You may then elect to proceed, vary, or stop. (f) If the pool is found not viable to resurface and you do not proceed, an assessment fee of $2,700 + GST applies. This covers the diagnostic inspection, draining and set-up, test-patch grinding, labour, materials used, and making the tested sections safe so the pool can be refilled and used while you decide. It reflects a professional diagnostic service and is not limited to materials cost. We retain the assessment fee from your deposit and refund the balance. The regional service surcharge (clause 4) is separate and is not refundable. We will provide a written breakdown. (g) Where you elect to proceed with localised repair or resurfacing over laminate we have identified as moisture-affected or saturated, that area is not warranted against recurrence of osmosis or blistering, because the underlying condition cannot be remedied by surface repair. We will set this out in writing for you to acknowledge before the work proceeds.

The full condition of a fibreglass shell can only be confirmed once preparation is well under way. If, after preparation has commenced, it becomes apparent that the shell cannot be satisfactorily resurfaced — for example because moisture continues to return after grinding back to apparently sound fibreglass, the laminate is saturated beyond what can reasonably be remediated, or deterioration is more extensive than could be determined beforehand — we may stop work, and we are not in breach of contract for doing so. In that event: (a) We will notify you promptly, explain the findings, and provide a written breakdown. (b) You will pay for all work performed, materials supplied and time spent up to the point we stop, including a reasonable margin. The payment terms (clause 3), the regional surcharge (clause 4) and any amounts already paid apply, with any balance refunded or invoiced accordingly. (c) We will, so far as reasonably practicable, restore the pool to a usable condition (for example by patching the prepared areas and refilling) so you can use it while deciding how to proceed. The reasonable cost of this restoration is payable by you. (d) Any such restoration is a temporary measure applied to a shell that is not viable to resurface, and is not warranted against recurrence of osmosis, blistering or further deterioration (see clause 8(g)).

Osmosis is caused by water within the pool migrating into the fibreglass laminate. Separately, the shell can be damaged by water reaching it from outside the pool — for example leaking reticulation or plumbing, drainage faults, or persistent groundwater or soil moisture against the shell. Such damage is typically confined to the affected area and cannot be detected from the visible condition, from the pool when filled, or from test patches taken elsewhere. Where localised damage of this kind is revealed during preparation, the additional work to make it good will be treated as a variation, priced and approved in writing before proceeding. Damage caused by external water sources is not a defect in our work and is not warranted. You are responsible for rectifying the underlying source (for example, repairing the leak); if it is not rectified, the problem will recur.

On pools other than fibreglass (including liner and concrete pools), our work may leave the top edge, coping or surrounding pavers exposed, and finishing this edge is your responsibility. You must seal, tile or pave the exposed edge to a proper, watertight standard within 3 days of us completing our work and before the pool is filled. If you do not complete this edge work within that time, or it is not done to a watertight standard, we are not responsible for any water that enters behind or through the unfinished edge, or for any resulting damage. Such damage is not a defect in our work and is not covered by the warranty. If you would prefer us to seal the edge, we can quote this as a variation or optional extra.

A high or shallow water table, or groundwater around the pool, creates particular risks. It can make it unsafe to drain or empty the shell (an empty pool can crack, lift or float out of the ground under water pressure), and it continually feeds moisture into the laminate, which contributes to osmosis and can prevent the surface from being prepared to a sound, dry condition. Where a shallow water table or groundwater affects the work — including any need for additional drying, dewatering or precautions during draining — the additional work will be treated as a variation. Damage or surface problems arising from groundwater are not a defect in our work and are not warranted. Where draining cannot be carried out safely, we may decline to proceed under clause 9.

We warrant our resurfacing work against defects in workmanship and the materials we supply for 6 years from completion. This covers failures attributable to our application — such as delamination, blistering or gel coat failure in sound areas of the shell and includes black spot arising from areas of osmosis that were present before works, identified in our pre-works inspection record, and not fully removed during preparation (see clause 14).

Covered (osmosis black spot). Black spot or staining that appears together with a raised blister or bubble in the resurfaced surface after completion indicates osmosis within the laminate that we did not fully remove during preparation. We will rectify it. Excluded (chemical black spot). Black spot, staining or spotting that appears across a flat, sound surface with no associated blistering or bubbling is caused by water chemistry, chemical imbalance, inadequate sanitation or algae growth, and is your responsibility. This also excludes black spot arising from the malfunction of sanitation equipment we did not supply (including chlorinators, pumps and filtration).

Our warranty does not cover: 1. staining, discolouration, fading, chalking or black spot caused by water chemistry, chemical imbalance, inadequate sanitation, algae growth, or failure to maintain correct water balance; 2. staining or discolouration caused by the water source, including metals and minerals in bore or hard water; 3. damage caused by the malfunction of equipment we did not supply (including chlorinators, pumps and filtration); 4. damage caused by ground movement, pool movement or groundwater movement (see clauses 12 and 16); 5. damage caused by water reaching the shell from outside the pool, such as leaking pipes, reticulation, drainage faults or soil moisture (see clause 10); 6. damage caused by unfinished or non-watertight edge, coping or paving work that is your responsibility (see clause 11); 7. defects or deterioration arising from the original manufacture, construction or installation of the pool, which we did not carry out; 8. the work, materials or prior repairs of previous contractors; 9. the light textured appearance that is a normal characteristic of roller application (see clause 1); 10. areas we repaired over laminate identified as moisture-affected or saturated, which you elected to proceed with (see clause 8(g)); and 11. neglect, misuse, accidental damage, or failure to follow the start-up and maintenance instructions we provide at handover.

We warrant our own resurfacing work. We do not warrant, and are not responsible for, the structural condition of the pool shell itself or movement of the ground, the pool or groundwater, as we cannot guarantee work performed by previous contractors who installed or previously resurfaced the pool. We take all reasonable precautions during preparation and application. This clause defines the boundary of our work and does not limit any rights you have under the Australian Consumer Law (see clause 20).

Our warranty applies only where you: 12. have maintained correct water balance and functioning sanitation equipment, and can produce water-test records on request; 13. have followed the start-up and maintenance instructions we provide at handover; 14. have completed any edge or finishing work that is your responsibility (see clause 11); 15. notify any defect to us in writing; and 16. allow us to inspect and rectify the defect before engaging any other contractor to assess or work on it.

Where the cause of black spot, staining or other damage is disputed, we will rely first on the pre-works inspection record (photographs and a marked diagram of the shell taken before works). If the cause remains unresolved, we will obtain an independent assessment (water test and surface inspection). The reasonable cost of that assessment is borne by you if the cause is found to be water chemistry, sanitation, maintenance or an external source, and by us if found to be a defect in our work.

We hold $20 million public liability insurance and are a member of SPASA (Swimming Pool and Spa Association)

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or other applicable law. The exclusions and conditions in these terms apply to the fullest extent permitted by law and operate to define what is, and is not, a defect in our work.

If a dispute arises, we will first try to resolve it with you by discussion, including allowing us to inspect any alleged defect. If it cannot be resolved, the parties will attempt mediation before commencing legal proceedings. Payment disputes may be referred to adjudication under the Building and Construction Industry (Security of Payment) Act 2021 (WA) where it applies. Nothing in this clause prevents either party from making a complaint to the Building Commissioner or exercising any statutory right.