Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your engagement of painting and related services provided by Happy Villa Painting ("we", "our", or "us"), a painting business operating in Melbourne, Victoria, Australia. By accepting a written quotation, making a deposit payment, or instructing us to commence work, you ("Client") agree to be bound by these Terms.

If you do not agree to these Terms, please notify us before any work commences.

2. Scope of Services

The services we provide are as described in the written quotation issued to the Client. Any variations to the scope of work must be agreed in writing prior to the additional work being carried out. We reserve the right to adjust the quoted price if:

• The Client requests changes to the original scope after the quote has been accepted.
• Hidden defects or conditions are discovered that materially increase the difficulty or duration of the work (e.g. significant substrate damage, existing lead paint, or structural issues).
• Access to the site is restricted or delayed due to reasons outside our control.

3. Quotations & Acceptance

All quotations are valid for 30 days from the date of issue unless otherwise stated. A quotation does not constitute a binding contract until the Client accepts it in writing (including by email or electronic confirmation). We reserve the right to withdraw or revise a quotation before acceptance.

4. Payment

• Deposit: A deposit of up to 30% of the total quoted price may be required prior to commencement of work.
• Progress payments: For larger projects, progress payments may be invoiced at agreed milestones.
• Final payment: The balance is due on completion of the work, prior to or on the day of our final walkthrough with the Client.
• Late payment: Invoices not paid within 14 days of the due date may attract a late payment fee of 1.5% per month on the outstanding balance.
• Accepted methods: Bank transfer (EFT) or cash. Other methods by prior arrangement only.

5. Client Responsibilities

The Client agrees to:

• Ensure safe and reasonable access to the site and all areas to be painted at the agreed times.
• Remove or protect personal belongings, furniture, and valuables before work commences (unless furniture moving has been expressly included in the scope).
• Obtain any required body corporate, strata, or council approvals before work starts.
• Provide a safe working environment compliant with Victorian workplace health and safety legislation.
• Promptly review the completed work and raise any concerns during the final walkthrough.

6. Workmanship Warranty

We warrant that all work will be performed in a professional and tradesperson-like manner using quality materials. We provide a 2-year workmanship warranty on all painting services, commencing from the date of final payment.

This warranty does not cover:

• Normal wear and tear or damage caused by the Client or third parties.
• Damage resulting from moisture, structural movement, or pre-existing substrate issues not disclosed prior to commencement.
• Colour fading due to sun exposure (covered by the paint manufacturer's warranty).

7. Limitation of Liability

To the maximum extent permitted by Australian Consumer Law, our liability for any claim arising from the services is limited to the cost of re-performing the services or refunding the amount paid for the affected portion of the work, at our discretion.

We are not liable for indirect, consequential, or special damages (including loss of revenue, loss of enjoyment of property, or loss of use) arising from any alleged defect or delay in our services.

8. Cancellation

• By the Client: Cancellations made more than 5 business days before the scheduled start date will incur no fee. Cancellations with less than 5 business days' notice may forfeit the deposit paid to cover preparation and scheduling costs.
• By us: We reserve the right to cancel or postpone a job due to unsafe weather conditions, site safety concerns, or force majeure events. In such cases, no cancellation fee applies and we will reschedule at the earliest mutually convenient time.

9. Dispute Resolution

We are committed to resolving disputes fairly and promptly. If a dispute arises, we ask the Client to contact us in the first instance to attempt resolution informally. If the matter is not resolved within 14 days, either party may refer the dispute to:

• The Victorian Building Authority (VBA) for disputes relating to domestic building work.
• The Victorian Civil and Administrative Tribunal (VCAT) for other civil disputes.
• Consumer Affairs Victoria for general consumer matters.

10. Governing Law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and of the Commonwealth of Australia.

11. Contact

For any questions regarding these Terms, please contact us: