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Terms of Business

These Terms and Conditions apply to purchases from Bauwerk Colour Australia Pty Ltd through the Australian Bauwerk Colour website, by telephone, email, quotation, invoice, trade account or any other agreed ordering method.

Terms and Conditions of Business — Australia

Effective date: 1 July 2000
Last updated: 22 July 2026

1. About Bauwerk Colour Australia

1.1 Supplier

Bauwerk Colour Australia Pty Ltd
ABN: 17 675 546 371
Principal business address: 1/15 Emplacement Crescent, Hamilton Hill WA 6163, Australia
Postal address: PO Box 599, South Fremantle WA 6162, Australia
Telephone: +61 8 9433 3860
Email: info@bauwerk.com.au

1.2 Definitions

In these Terms:

ACL or Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied by Australian states and territories.
Bauwerk, we, us and our mean Bauwerk Colour Australia Pty Ltd.
Business Day means a day other than a Saturday, Sunday or public holiday in Western Australia.
Claim Evidence means information, documents, photographs, videos, samples, Goods, packaging and other material reasonably required to investigate a claim.
Consumer has the meaning given under the Australian Consumer Law.
Customer, you and your mean the person or entity ordering, purchasing or acquiring Goods from us.
Goods include paint, limewash, primers, preparation products, brushes, tools, samples, colour cards and any other products supplied by us.
Original Digital File means the original photograph or video file created by the recording device, where reasonably available, rather than a screenshot, screen recording, social-media copy, messaging-application copy or other re-saved or compressed version.
Product Claim means a claim that Goods are incorrect, damaged, contaminated, defective, mistinted, materially inconsistent, unsuitable or otherwise fail to comply with an applicable contractual or statutory requirement.
Project means the building, room, surface, works or other application for which Goods are acquired.
Rectification Work means repainting, removal, surface preparation, repair, replacement, demolition, access work or other work undertaken in response to an alleged problem with Goods.
Terms means these Terms and Conditions of Business.
Trade Customer means a Customer acquiring Goods wholly or mainly for use in a business, trade, profession, construction project, resale or other commercial activity.

2. Application of these Terms

2.1 Scope

These Terms apply to every quotation, order, sale and supply of Goods by Bauwerk unless we expressly agree otherwise in writing.

2.2 Acceptance

By placing an order, accepting a quotation, paying an invoice, opening or using Goods, or instructing us to proceed, you agree to these Terms.

2.3 Authority

If you order on behalf of a company, partnership, trust, client or other person, you warrant that you have authority to bind that person to these Terms.

2.4 Incorporated documents

These Terms operate together with any applicable:

quotation or order confirmation;
product label;
application instructions;
technical data sheet;
safety data sheet;
colour disclaimer;
shipping and returns policy;
privacy policy;
trade account terms;
warranty document; and
project-specific written conditions accepted by us.

2.5 Order of precedence

If there is an inconsistency, the following order of precedence applies:

a project-specific written agreement signed or expressly accepted by Bauwerk;
our quotation or order confirmation;
these Terms;
our published policies and technical documents;
general website information.

2.6 Customer purchasing terms

A Customer’s purchase order, contractor terms, procurement conditions or other document does not vary these Terms unless we expressly accept the variation in writing.

2.7 Contract language

The contractual language is English.

3. Australian Consumer Law

3.1 Non-excludable rights

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

3.2 Consumer guarantees

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law.

Where the ACL applies, you may be entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage.

You may also be entitled to have Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

3.3 Application to businesses

A business may qualify as a Consumer under the ACL in certain circumstances.

References in these Terms to Consumers therefore include business Customers to the extent that the ACL applies to their acquisition.

3.4 Maximum lawful effect

Any limitation, exclusion or qualification in these Terms applies only to the maximum extent permitted by law.

3.5 No misrepresentation of rights

Nothing in these Terms is intended to misrepresent or limit a Customer’s rights under the ACL.

4. Product information and advice

4.1 General information

Website content, colour descriptions, images, coverage estimates, application guidance and other product information are provided to assist product selection and use.

4.2 No regulated professional advice

Unless we expressly agree otherwise in writing, we do not provide architectural, engineering, building, structural, heritage, waterproofing, occupational health, legal or other regulated professional advice.

4.3 Project responsibility

General guidance from Bauwerk does not replace:

inspection of the actual substrate and site;
compliance with applicable laws, standards and building requirements;
compliance with product labels and technical documentation;
competent project design;
appropriate preparation and workmanship; or
advice from a suitably qualified professional where required.

4.4 Remote recommendations

Recommendations based on photographs, descriptions, samples, telephone conversations, email exchanges or other remotely supplied information are necessarily limited by the accuracy and completeness of the information made available to us.

4.5 Suitability

You remain responsible for determining whether the selected product, colour, preparation system and application method are suitable for the intended Project, except to the extent that:

you have made a particular purpose known to us;
you have relied on our skill or judgment; and
applicable law provides otherwise.

5. Website information and product availability

5.1 Accuracy

We take reasonable care to ensure that website information is accurate. Minor errors, omissions or differences may occur.

5.2 Digital colours

Product images and colours displayed on a screen are indicative only.

Colour display varies according to:

screen and device;
display settings;
calibration;
photography;
image processing;
ambient lighting; and
surrounding colours.

5.3 Availability

Website display of a product does not guarantee availability.

5.4 Product updates

We may update product information, packaging, formulation, specifications or availability where reasonably necessary, provided that we do not do so in a way that breaches an existing contract or applicable law.

5.5 Material product changes

Where a material change to a product is reasonably likely to affect its suitability for an accepted order, we will take reasonable steps to:

inform the Customer before supply;
confirm acceptance of the changed product; or
provide an appropriate lawful alternative or remedy.

6. Quotations, orders and contract formation

6.1 Quotations

Unless stated otherwise, a quotation is valid for 30 days and may be withdrawn before acceptance.

6.2 Website listings

Website product displays and prices are invitations to place an order and are not binding offers by us.

6.3 Customer offer

Your order is an offer to purchase Goods on these Terms.

6.4 Formation of contract

A contract is formed when we:

issue an order confirmation accepting the order;
expressly accept the order in writing; or
dispatch the Goods,

whichever occurs first.

6.5 Automated acknowledgement

An automated acknowledgement of receipt does not necessarily constitute acceptance of an order.

6.6 Refusal or cancellation before acceptance

We may decline or cancel an order before acceptance where reasonably necessary, including because of:

product unavailability;
an obvious pricing or description error;
suspected fraud;
delivery restrictions;
incomplete Customer information;
credit concerns;
legal or regulatory restrictions; or
circumstances beyond our reasonable control.

6.7 Refund following cancellation

If we cancel an order after payment and no Goods are supplied, we will refund the amount paid for the cancelled Goods.

7. Prices, GST and payment

7.1 Currency and GST

Unless stated otherwise, prices shown for Australian orders are in Australian dollars and include GST.

7.2 Additional charges

Delivery, express freight, remote-area charges, redelivery charges, special handling and other applicable costs are additional unless expressly included.

7.3 Payment timing

Payment is required at the time and by the method stated at checkout, on the quotation or on the invoice.

7.4 Prepayment

We may require full payment before production, tinting or dispatch.

7.5 Credit accounts

For approved Trade Customers with credit terms:

payment is due within the period stated on the invoice;
the Customer must not withhold, deduct or set off amounts except where legally entitled to do so;
overdue amounts may accrue interest at the Reserve Bank of Australia cash rate plus 6% per annum, calculated daily;
the Customer must reimburse our reasonable debt-recovery costs where legally recoverable; and
we may suspend further supply while an undisputed amount remains overdue.

7.6 Allocation of payments

We may apply payments against outstanding invoices in a reasonable order.

7.7 Cleared funds

A payment is not effective until cleared funds are received.

8. Order details and quantities

8.1 Customer verification

You are responsible for checking before accepting or paying for an order:

product names;
colour names;
quantities;
container sizes;
delivery address;
billing details;
contact details;
required delivery timing; and
any Project reference or batch requirements.

8.2 Coverage estimates

Coverage figures are estimates only.

Actual coverage depends on factors including:

substrate type;
porosity;
texture;
condition;
preparation;
application technique;
tools;
number of coats;
environmental conditions; and
the desired finish.

8.3 Sufficient quantity

You are responsible for ordering sufficient material for the entire Project, including an appropriate allowance for:

surface variation;
wastage;
testing;
touch-ups;
repairs;
future maintenance; and
application technique.

8.4 Later orders

We do not guarantee that material ordered later will be identical to material supplied in an earlier production batch.

8.5 Continuous areas

For visually continuous areas, the Customer should order the full required quantity at one time and comply with the batch-management provisions in these Terms.

9. Samples, colours and natural variation

9.1 Natural materials

Bauwerk Limewash is made using mineral ingredients and natural pigments.

Its appearance is affected by:

natural raw-material variation;
substrate;
surface preparation;
application method;
brushwork;
number of coats;
drying conditions;
temperature;
humidity;
lighting; and
surrounding colours.

9.2 Character of limewash

The appearance of an applied limewash finish may legitimately include tonal movement, clouding, texture, variation and other visual characteristics associated with limewash.

9.3 Samples are guides

A sample pot, colour card, printed image, digital image or previously completed Project is a guide and not an absolute guarantee of appearance on another surface or under different conditions.

9.4 Natural variation and defects

Natural, material or production variation does not of itself establish that Goods are defective.

9.5 Statutory rights preserved

This section does not exclude responsibility where Goods are materially different from their description or sample in circumstances where the ACL or another law provides a remedy.

10. Project testing

10.1 Required checks

Before applying Goods generally, the Customer and applicator must take reasonable steps to:

confirm that the product name and colour on every container are correct;
check container condition;
check batch or production references;
thoroughly stir or mix the product in accordance with our instructions;
prepare the actual substrate correctly;
apply a representative test area using the intended tools and application method;
apply the specified number of coats;
allow the test area to dry fully;
assess it under the relevant natural and artificial lighting; and
confirm acceptance of colour, finish and compatibility.

10.2 Actual Project surface

Testing should be completed on the actual Project surface wherever reasonably possible.

A small isolated patch may not reliably represent a large completed wall or surface.

10.3 Delivered material

Approval of a sample pot does not remove the need to test the delivered production material before general application.

10.4 Additions and later orders

For additions, extensions, repairs or later orders, the new material must be tested against the completed surface before it is applied generally.

10.5 Professional applicators

Trade Customers and professional applicators are expected to undertake these checks as part of normal professional Project control.

10.6 Continued application

Except where prohibited by law, continued application after a discrepancy becomes, or reasonably should have become, apparent may affect the extent of any recoverable loss.

11. Batch and container management

11.1 Container checking

Containers intended for the same visually continuous area should be checked before use.

11.2 Intermixing

Where multiple containers are used, the applicator should:

box or intermix them in an appropriately sized clean container; or
progressively blend adjoining containers,

to minimise visible batch or container variation.

11.3 Continuous surfaces

Different batches should not be started and stopped in the middle of a continuous wall or surface without prior testing and an appropriate transition method.

11.4 Retention of information

The Customer must retain labels, batch information and a reasonable quantity of unused material until the Project has been completed and accepted.

11.5 Application-related differences

To the extent permitted by law, we are not responsible for differences resulting solely from:

failure to check containers;
inadequate stirring or mixing;
use of different batches without appropriate blending;
application to different substrates or preparation systems;
inconsistent dilution;
inconsistent tools, coats or technique;
partial wall repairs or touch-ups;
use of expired, contaminated, frozen or improperly stored material; or
application contrary to product instructions.

12. Application and site responsibility

12.1 Scope of supply

We manufacture and supply Goods.

Unless separately agreed in writing, we do not supervise or control:

substrate assessment;
site preparation;
application;
tradespeople;
sequencing;
environmental conditions;
protection of adjacent work;
curing;
Project programming; or
compliance with building requirements.

12.2 Contractor selection

Selection and management of the painter, builder, contractor or applicator remain the Customer’s responsibility.

12.3 Independent applicators and stockists

References to independent applicators or stockists are informational unless we expressly state otherwise.

Independent businesses are not our employees, agents or subcontractors.

12.4 Safe use

The Customer must ensure that Goods are used safely and in accordance with:

product labels;
technical information;
safety data sheets;
application instructions; and
applicable laws.

13. Delivery

13.1 Delivery estimates

Delivery dates and transit times are estimates unless we expressly guarantee a date in writing.

13.2 Delivery information

You must provide a complete, accurate and accessible delivery address and disclose relevant site restrictions.

13.3 Authority to leave

Authority-to-leave instructions are given at the Customer’s risk to the extent permitted by law.

13.4 Transfer of risk

Risk in Goods passes:

for a Consumer, as provided by the ACL and other applicable law; and
for a Trade Customer, on delivery to the nominated address, collection by the Customer or handover to the Customer’s nominated carrier, as applicable and to the extent permitted by law.

13.5 Carriers arranged by Bauwerk

Where we arrange the carrier, we remain responsible for obligations imposed on us by applicable law.

13.6 Inspection of deliveries

The Customer must take reasonable steps to inspect a delivery promptly after receipt and before the Goods are used.

The inspection should include, where relevant:

the number and size of containers;
product and colour names;
container seals;
evidence of leakage;
impact or puncture damage;
wet, crushed or disturbed packaging;
visible contamination;
incorrect labels;
delivery temperature concerns; and
any discrepancy between the delivery and the order documentation.

13.7 Evidence of transit damage or shortage

Where Goods appear to have been lost, damaged or interfered with in transit, the Customer should, as soon as reasonably practicable:

photograph the unopened consignment before moving or unpacking it, where practicable;
photograph all sides of the external packaging;
photograph the shipping label and tracking reference;
photograph the internal packaging and each affected container;
record the number of packages and containers received;
retain damaged Goods, containers, lids, seals, labels and packaging;
notify the carrier where required by the delivery process; and
notify Bauwerk with the available evidence.

Where reasonably practicable, the Customer should also record a continuous video of:

the unopened consignment;
the condition of the packaging;
the unpacking process; and
the visible damage.

13.8 Apparent damage and carrier records

A Trade Customer should, where practicable:

record visible damage or shortage on the carrier’s delivery record;
obtain the driver’s acknowledgment or delivery exception reference;
retain any carrier report, consignment note or proof-of-delivery record; and
avoid signing that the delivery was received in good condition where visible damage is apparent.

Failure to complete a carrier notation does not automatically extinguish a non-excludable legal right, but it may affect the available evidence concerning when and how the damage occurred.

14. Delayed, failed and returned deliveries

14.1 Events outside our control

We are not responsible for delay caused by an event outside our reasonable control, including:

severe weather;
fire;
flood;
transport interruption;
industrial action;
government restriction;
epidemic or pandemic;
raw-material shortages;
carrier failure;
utility interruption; or
information-technology failure.

14.2 Mitigation

We will take reasonable steps to minimise the effect of such an event and resume performance when reasonably possible.

14.3 Contractor bookings

Customers should not commit contractors or commence time-sensitive work solely in reliance on an estimated delivery date.

Goods should be received, checked and tested before final application dates are fixed.

14.4 Failed delivery

If delivery cannot be completed because of an incorrect address, inaccessible premises, absence of an authorised recipient or another Customer-controlled circumstance, we may charge the reasonable costs of:

storage;
return;
redelivery; or
reconsignment.

14.5 Statutory rights

Nothing in this section excludes rights arising from a delay for which we are legally responsible.

15. Storage and handling

15.1 Storage conditions

The Customer must protect Goods from:

freezing;
excessive heat;
contamination;
water entry; and
other unsuitable storage conditions.

15.2 Minimum temperatures

Paint must not be stored below the minimum temperature stated on the product label or technical information.

15.3 Delivery destination

Deliveries must be directed to a location where temperature-sensitive Goods can be received promptly and stored appropriately.

15.4 Customer-controlled deterioration

To the extent permitted by law, we are not responsible for deterioration caused after delivery by unsuitable storage or handling.

16. Changes and cancellations

16.1 Accepted orders

An accepted order may be changed or cancelled only with our agreement, except where the Customer has a statutory right to cancel.

16.2 Tinted and prepared Goods

Because paint and tinted Goods may be manufactured or prepared specifically for an order, we may be unable to accept cancellation once:

production has commenced;
tinting has commenced;
packing has commenced; or
the order has been dispatched.

16.3 Reasonable cancellation costs

If we agree to a Customer-requested cancellation, we may deduct reasonable costs already incurred, provided the deduction is lawful and proportionate.

16.4 Bauwerk failure

We will not impose a cancellation charge where cancellation arises from our major failure or where applicable law requires otherwise.

17. Change-of-mind returns

17.1 No automatic change-of-mind right

We are not required to provide a refund or replacement merely because a Customer:

changes their mind;
selects the wrong colour or product;
orders too much or too little;
finds the product elsewhere at a lower price; or
no longer requires the Goods.

17.2 Discretionary returns

We may accept a change-of-mind return at our discretion under our published Shipping and Returns Policy.

17.3 Non-returnable Goods

Tinted paint, opened products, used products, samples, colour cards, custom products, clearance Goods and Goods that cannot safely be resold are generally not returnable for change of mind.

17.4 Faulty Goods

This section does not affect rights arising from faulty, unsafe, incorrectly described or otherwise non-compliant Goods.

18. Product concerns, evidence and claim investigation

18.1 Immediate action

If the Customer believes Goods may be incorrect, damaged, contaminated, defective, mistinted or otherwise unsuitable, the Customer must take reasonable steps to:

stop using the affected Goods as soon as the issue becomes or reasonably should become apparent;
prevent further avoidable loss;
isolate the affected Goods from other containers;
avoid combining the affected Goods with other batches or products;
retain the affected Goods and associated evidence; and
notify Bauwerk promptly.

Where only part of a container has been used, the remaining material must not be:

discarded;
diluted;
contaminated;
transferred to an unmarked container; or
otherwise altered.

18.2 Initial claim information

A Product Claim should include, where reasonably available:

the Customer’s full name and contact details;
order, invoice or account number;
date of purchase and delivery;
Project name and address;
product name, colour and container size;
batch, production, tinting or other identifying number;
photographs of every relevant label;
quantity purchased;
quantity used;
quantity remaining;
date and time the issue was first observed;
description of the alleged problem;
location and approximate area affected;
remedy requested; and
details of urgent action already taken.

Bauwerk may request reasonable proof of purchase before providing a remedy.

18.3 Preservation of Goods and evidence

The Customer must take reasonable steps to retain and protect, until the claim has been resolved or Bauwerk confirms that retention is no longer required:

all remaining disputed product;
original containers;
lids and seals;
product labels;
batch and production identifiers;
delivery packaging;
shipping labels;
colour samples or colour cards relied upon;
test boards or brush-outs;
removed coating material where reasonably practicable;
photographs and videos;
application records;
invoices and receipts; and
any other relevant physical or digital evidence.

Goods and samples must be stored in accordance with the product storage instructions and protected from:

freezing;
excessive heat;
water entry;
contamination; and
unauthorised alteration.

18.4 Original photographs

Where photographs are relied upon, the Customer should provide Original Digital Files where reasonably available.

Screenshots, photographs of another screen, files copied from social media, messaging-application images, PDF extracts and other compressed or re-saved images may be accepted as preliminary information but may not be sufficient for a final technical assessment.

The Customer should provide images showing:

the whole affected wall, surface, container or consignment;
closer views of the alleged issue;
the surrounding area for colour and lighting context;
the relevant product label;
the batch or production reference;
the open container and remaining material;
the application boundary or transition area;
the substrate and preparation system where visible;
a neutral colour reference where reasonably available; and
the same surface under normal daylight and relevant artificial lighting.

Photographs should be:

clear;
in focus;
taken under ordinary lighting; and
free from artistic filters.

18.5 Image integrity and editing disclosure

The Customer must not knowingly submit an image, video, sample or record that:

falsely represents the Goods or alleged damage;
has been materially altered to exaggerate, conceal or create an apparent problem;
depicts a different product, container, surface or Project without disclosure;
omits material context in a misleading way; or
contains false or misleading metadata or identification.

Where an image or video has been:

cropped;
annotated;
colour corrected;
filtered;
enhanced;
converted;
compressed; or
otherwise edited,

the Customer must disclose this where the alteration could affect assessment of the claim.

Bauwerk may request:

the unedited Original Digital File;
available file metadata;
an alternative photograph of the same area;
photographs taken from a specified position;
photographs taken with a neutral colour reference;
a new continuous video;
a live video inspection; or
an independent site inspection.

The absence of metadata does not by itself invalidate a claim, but Bauwerk may take it into account together with the other available evidence.

18.6 Video evidence

Where reasonably necessary to assess a claim, Bauwerk may request a continuous, unedited video showing:

the Project or delivery location;
the affected surface or Goods;
the surrounding context;
the relevant container;
the product label;
the batch or production reference;
the remaining wet material;
stirring of the retained material where appropriate;
the alleged colour, texture, damage or contamination issue; and
the relationship between the product and the claimed affected area.

The video should not use colour filters or effects.

Where possible, the video should show the issue under:

normal daylight; and
normal artificial lighting.

Bauwerk will not require video evidence where doing so would be unreasonable, disproportionate, unsafe or unnecessary.

18.7 Application information

For a claim concerning colour, finish, adhesion, coverage, texture, drying or application performance, the Customer should provide, where reasonably available:

substrate type;
age and condition of the substrate;
previous coatings or treatments;
preparation method;
primer or Prep Coat used;
drying time allowed after preparation;
stirring and mixing method;
whether multiple containers were boxed or intermixed;
dilution, if any;
application tools;
applicator name and experience;
number of coats;
time between coats;
application dates and approximate times;
temperature and weather conditions;
ventilation and humidity conditions where relevant;
photographs after each coat;
test-area results;
differences between the test area and general application; and
details of other products used with the Goods.

18.8 Suspected colour discrepancy or mistint

For a claim that paint or limewash is mistinted, incorrectly formulated or materially different in colour, the Customer must take reasonable steps to:

stop applying the disputed container;
retain a commercially useful quantity of the wet product;
retain the original container and label;
identify all containers used on the affected surface;
identify the order in which containers were opened and applied;
identify whether containers were intermixed;
identify which areas were painted from each container;
provide a dried brush-out from the disputed container;
provide a comparison brush-out from any retained matching container, where available;
provide photographs of both brush-outs together under the same lighting;
allow brush-outs to dry fully before comparison;
retain the affected wall or a representative area without rectification where reasonably practicable; and
provide access for inspection or sampling where reasonably required.

A colour comparison should not rely solely on:

wet paint;
an image displayed on a screen; or
an isolated photograph.

18.9 Return and testing of disputed Goods

Bauwerk may require the Customer to return all or part of the disputed Goods for:

inspection;
production review;
brush-out testing;
pigment comparison;
density testing;
laboratory analysis; or
another reasonable examination.

Where requested, the Customer must:

keep the material in its original container where practicable;
securely close and package the container;
follow dangerous-goods and carrier requirements where applicable;
not add water, pigment or another substance;
not mix the material with another product or batch;
not substitute material from another container;
accurately identify the sample; and
use the return method reasonably specified by Bauwerk.

Bauwerk will bear reasonable collection or return costs where required by the ACL or where the claim is accepted.

If testing establishes that the Goods did not comply with an applicable consumer guarantee or contractual requirement, Bauwerk will provide the remedy required by law.

If testing does not identify a product failure, Bauwerk will provide a reasonable summary of the result where appropriate.

Depending on the nature of the claim, Bauwerk may use:

an internal production test;
a retained production sample;
an independent laboratory; or
another appropriately qualified person.

18.10 Site inspection

Bauwerk may request reasonable access to the Project to inspect:

the affected surface;
retained Goods;
preparation conditions;
application boundaries;
test areas;
lighting conditions; and
other relevant circumstances.

Access must be arranged at a reasonable time and subject to applicable site, safety, privacy and security requirements.

Where physical attendance is disproportionate or impracticable, Bauwerk may propose:

a live video inspection;
a local independent inspection; or
return of samples.

18.11 Rectification before investigation

Except where urgent action is reasonably necessary to prevent injury, property damage or materially greater loss, the Customer should not undertake substantial Rectification Work before:

notifying Bauwerk;
providing reasonably available evidence;
allowing Bauwerk a reasonable opportunity to investigate; and
allowing Bauwerk a reasonable opportunity to propose a remedy.

Where urgent Rectification Work is necessary, the Customer should, before commencing and where reasonably practicable:

comprehensively photograph and video the condition;
retain representative physical samples;
retain the disputed Goods;
record the precise affected areas;
record why urgent action was necessary;
preserve invoices and labour records; and
notify Bauwerk as soon as possible.

Rectification before Bauwerk has had a reasonable opportunity to investigate may affect the ability to establish:

the nature of the alleged problem;
its cause;
its extent; and
the value of the claim.

It does not extinguish a right that cannot lawfully be excluded.

18.12 Independent experts and contractors

Where a Customer relies on an opinion from a painter, builder, consultant, laboratory or other third party, Bauwerk may request:

the person’s name and contact details;
qualifications or relevant experience;
a signed written report;
the facts and samples considered;
photographs relied upon;
the testing method used;
any limitations of the opinion; and
disclosure of any financial or other interest in the outcome.

Bauwerk may obtain its own technical opinion or independent assessment.

18.13 Claim declaration

Bauwerk may require the claimant or responsible Trade Customer to confirm in writing that, to the best of their knowledge:

the information supplied is true and complete;
the photographs and videos depict the stated Goods and Project;
any material digital alteration has been disclosed;
samples supplied came from the identified container;
the claimed quantities and areas are accurate;
relevant evidence has not knowingly been destroyed or substituted; and
no material information has knowingly been omitted.

This confirmation is intended to support a fair investigation and does not remove any non-excludable legal right.

18.14 Incomplete claims

If the information supplied is insufficient to reasonably determine the claim, Bauwerk may request further Claim Evidence.

Bauwerk may defer a final decision for a reasonable period while material information, access, samples or Goods reasonably required for the investigation remain outstanding.

Bauwerk will not reject a genuine claim solely because a particular document, photograph, metadata field, sample or container is unavailable where:

the Customer has a reasonable explanation;
the information was not reasonably capable of being retained;
the missing evidence is not material to the decision; or
applicable law requires a remedy on the evidence otherwise available.

Bauwerk may nevertheless take missing, destroyed or unavailable evidence into account when assessing whether the nature, cause, extent and value of a claim have been established.

18.15 Potentially unreliable or inconsistent evidence

Where Claim Evidence appears inconsistent, incomplete, altered, substituted or otherwise unreliable, Bauwerk may:

seek clarification;
request Original Digital Files;
request further photographs or video;
compare files, labels, batches, weights and production records;
inspect retained Goods;
obtain technical or independent analysis;
compare the claim against delivery, order and manufacturing records; and
place the claim on hold for a reasonable investigation period.

Bauwerk will not accuse a Customer of fraud without an objectively reasonable basis.

Where there is credible evidence of deliberate falsification, substitution, staged damage, manipulated evidence or another dishonest act, Bauwerk may:

reject the unsupported part of the claim;
withdraw a discretionary goodwill offer;
seek recovery of amounts obtained through misrepresentation;
suspend or close a trade account where reasonably justified;
refer the matter to an insurer, payment provider, carrier, legal adviser or relevant authority; and
exercise any other lawful right.

Nothing in this section permits Bauwerk to withhold a remedy that the Customer is legally entitled to receive.

18.16 Privacy and technical examination

The Customer acknowledges that Original Digital Files may contain technical metadata, including:

device information;
date;
time; and
location information.

Bauwerk will use Claim Evidence only for purposes reasonably connected with:

verifying and investigating the claim;
obtaining technical or legal advice;
dealing with insurers, carriers or laboratories;
preventing fraud;
resolving disputes; and
complying with legal obligations.

Claim Evidence will be handled in accordance with our Privacy Policy and applicable privacy law.

18.17 Claims involving safety

Nothing in this section requires a Customer to retain, transport, open, handle or return Goods where doing so would create a material health, safety, environmental or property risk.

The Customer must follow:

product labels;
safety data sheets;
carrier requirements; and
reasonable safety directions.

Where physical retention is unsafe, the Customer should document the Goods and their disposal as fully as reasonably practicable.

19. Remedies

19.1 ACL remedies

Where Goods fail to comply with a consumer guarantee, we will provide the remedy required by the ACL.

19.2 Available remedies

Depending on the circumstances and applicable law, a remedy may include:

repair;
replacement;
refund;
reimbursement of reasonable return costs; or
compensation for reasonably foreseeable loss caused by the failure.

19.3 Minor failures

Where the failure is minor and capable of remedy, Bauwerk may choose the appropriate remedy as permitted by the ACL.

19.4 Major failures

Where the failure is major, the Consumer has the remedies provided by the ACL.

19.5 Claims outside the ACL

Where the ACL does not apply, and subject to the remainder of these Terms, our obligation for a substantiated defect in Goods is limited, at our option, to:

replacing the affected Goods;
supplying equivalent Goods;
repairing the Goods where applicable;
refunding the amount paid for the affected Goods; or
crediting the amount paid for the affected Goods.

A claim is substantiated where the available evidence, considered reasonably and as a whole, establishes that the relevant Goods were defective or otherwise failed to comply with the applicable contract.

20. Rectification work, labour claims and third-party costs

20.1 Prior notification and approval

The Customer must not incur material Rectification Work, contractor, consultant, laboratory, transport, access, accommodation, storage or other third-party costs on Bauwerk’s account without:

first notifying Bauwerk;
providing the reasonably available Claim Evidence;
allowing Bauwerk a reasonable opportunity to investigate;
allowing Bauwerk a reasonable opportunity to provide or propose a remedy; and
obtaining Bauwerk’s written approval for the proposed cost,

unless urgent action is reasonably necessary to prevent injury, property damage or materially greater loss.

20.2 No automatic admission

The following do not by themselves constitute an admission that Goods were defective or that Bauwerk accepts legal liability:

supplying replacement Goods;
supplying Prep Coat or other supporting materials;
arranging expedited freight;
providing technical guidance;
attending or inspecting a site;
requesting testing;
offering a credit;
making a goodwill payment; or
assisting the Customer to complete a Project.

20.3 Evidence for labour and rectification claims

A claim for labour, Rectification Work or other third-party costs should include, where reasonably available:

a detailed description of the work undertaken;
the precise surface area affected;
the precise surface area rectified;
dated before-and-after photographs;
the reason each work item was necessary;
dates and times of the work;
names of the persons performing the work;
labour hours for each person;
hourly rates;
materials used;
equipment and access charges;
original itemised invoices;
proof of payment;
timesheets, job sheets or diary records;
the original scope of works;
the rectification scope of works;
identification of work that would have been required regardless of the alleged defect;
identification of any betterment or additional work; and
steps taken to minimise the cost.

A lump-sum invoice without a reasonable breakdown may be insufficient to establish the amount or reasonableness of a claim.

20.4 Claimed damaged areas

Where compensation is claimed for damage to a surface or Project, the Customer must reasonably identify:

the specific affected areas;
the containers used on those areas;
where each container was applied;
when the difference or damage became visible;
why application continued, if it continued;
which areas could reasonably have been left unaffected;
why partial rectification was or was not practicable; and
whether the proposed work includes unaffected areas, elective repainting or aesthetic upgrades.

20.5 Causation, reasonableness and mitigation

Where applicable law permits recovery of loss, the Customer must take reasonable steps to minimise that loss.

To the extent permitted by law, Bauwerk is not responsible for costs or losses that:

were not caused by a failure of the Goods;
could reasonably have been avoided by initial testing;
arose from continued application after a discrepancy became apparent;
relate to unaffected surfaces;
represent elective Project-wide repainting;
exceed reasonable market rates;
duplicate work already included in the original contract;
would have been incurred in any event;
constitute an improvement or betterment;
arise from inadequate preparation or workmanship;
arise from failure to retain material evidence;
cannot reasonably be verified;
were incurred without giving Bauwerk a reasonable opportunity to investigate or remedy the issue; or
result from the acts or omissions of the Customer, applicator, builder or another third party.

This section does not exclude compensation that must be provided under the ACL.

20.6 Disputed invoices

Bauwerk’s receipt of an invoice does not constitute:

acceptance of the invoice;
approval of the work;
acceptance of the invoice’s payment terms;
acknowledgment of a debt; or
admission of liability.

Bauwerk may request an itemised account and supporting evidence before determining whether an amount is payable.

20.7 Goodwill measures

Bauwerk may offer a replacement, credit, reimbursement or other contribution as a commercial goodwill measure.

Unless expressly stated otherwise in writing, a goodwill measure:

is made without admission of liability;
does not establish that the Goods were defective;
does not constitute acceptance of further claims; and
may be conditional on written acceptance of a full and final settlement of the identified claim.

A settlement condition will not limit any right that cannot lawfully be limited.

21. Limitation of liability

21.1 Non-excludable liability

Nothing in this section limits liability that cannot lawfully be limited.

21.2 Indirect and consequential loss

To the extent permitted by law, Bauwerk is not liable for indirect or consequential loss, including:

loss of profit;
loss of revenue;
loss of opportunity;
loss of goodwill;
loss of anticipated savings; or
business interruption.

21.3 ACL compensation preserved

Section 21.2 does not exclude loss that the ACL or another applicable law requires Bauwerk to compensate.

21.4 Permitted limitation for certain Goods

Where:

the Goods are not goods of a kind ordinarily acquired for personal, domestic or household use or consumption;
the ACL permits liability to be limited; and
it is fair and reasonable to do so,

our liability for failure to comply with an applicable consumer guarantee is limited, at our option, to:

replacing the Goods or supplying equivalent Goods;
repairing the Goods;
paying the cost of replacing the Goods or acquiring equivalent Goods; or
paying the cost of having the Goods repaired.

21.5 Transactions outside the ACL

For a transaction to which the ACL does not apply, our aggregate liability arising from that transaction is limited to the amount paid or payable for the affected Goods.

21.6 Exceptions

The limitation in section 21.5 does not apply to:

fraud or fraudulent misrepresentation;
wilful misconduct;
personal injury or death caused by our negligence;
breach of confidentiality;
infringement of intellectual-property rights;
liability under a product-liability law that cannot be excluded; or
any other liability that cannot lawfully be limited.

21.7 Mitigation

Each party must take reasonable steps to minimise loss arising from a breach or Product Claim.

22. Trade Customers and professional applicators

22.1 Professional competence

A Trade Customer acknowledges that it has, or will engage persons with, appropriate skill and experience to assess and apply the Goods.

22.2 Trade responsibilities

A Trade Customer is responsible for:

site inspection;
substrate evaluation;
preparation;
test application;
batch control;
workmanship;
protection of other works;
compliance with Project specifications; and
obtaining client approval where required.

22.3 Communication of instructions

A Trade Customer must communicate relevant product instructions, limitations and testing requirements to:

employees;
subcontractors;
applicators;
builders;
Project managers; and
clients where appropriate.

22.4 Contracting party

Where Goods are purchased for a third-party Project, the Trade Customer remains our contracting party unless we expressly agree otherwise.

22.5 Third-party contractual rights

A Project owner, builder, painter, architect or other third party does not obtain contractual rights against Bauwerk merely because the Goods are used on their Project, subject to any statutory rights applying independently.

23. Intellectual property

23.1 Ownership

All intellectual-property rights in our:

website;
text;
photographs;
videos;
colour names;
product names;
formulations;
designs;
labels;
guides; and
other materials

remain owned by or licensed to Bauwerk.

23.2 No transfer

Purchase of Goods does not transfer intellectual-property rights.

23.3 Restrictions

Bauwerk materials may not be copied, republished, modified, commercially exploited or represented as the Customer’s own without our prior written permission, except as permitted by law.

23.4 Approved trade use

Trade Customers may use current approved product information and assets supplied by us solely for authorised promotion or sale of Bauwerk products and subject to applicable brand or licence conditions.

24. Customer content and Project images

24.1 Customer warranties

If you submit photographs, testimonials, reviews or other content, you warrant that:

you are entitled to provide it;
doing so does not infringe another person’s rights;
required permissions have been obtained; and
the content is not unlawful or misleading.

24.2 Claim evidence

We will not use Project content supplied solely for customer service or claim assessment for marketing merely because it has been submitted to us.

24.3 Marketing permission

Marketing or publication use will be subject to:

a separate permission;
a separate licence; or
a clearly communicated submission condition.

25. Privacy

25.1 Privacy Policy

We handle personal information in accordance with our Privacy Policy and applicable privacy law.

25.2 Permitted uses

We may use and disclose information as reasonably necessary to:

process orders;
arrange payment and delivery;
manage trade accounts;
prevent and investigate fraud;
investigate Product Claims;
obtain technical, insurance or legal advice;
comply with law; and
enforce contractual rights.

26. Retention of title and Personal Property Securities

26.1 Application

This section applies primarily where Goods are supplied before full payment.

26.2 Retention of title

Title to Goods remains with Bauwerk until all amounts owing for those Goods have been paid in cleared funds.

26.3 Risk and title

Risk may pass before title passes.

26.4 Customer obligations before title passes

Until title passes, the Customer must, where reasonably practicable:

keep the Goods identifiable as supplied by Bauwerk;
store them safely;
not create an inconsistent security interest over them; and
not deliberately dispose of them other than in the ordinary course of business.

26.5 Security interest

The Customer acknowledges that these Terms may create a security interest under the Personal Property Securities Act 2009 (Cth).

26.6 PPSR registration

The Customer consents to Bauwerk registering and maintaining any security interest reasonably arising from these Terms on the Personal Property Securities Register.

26.7 Customer assistance

The Customer must provide information reasonably required for registration and must not register a financing-change statement without our written consent unless legally entitled to do so.

26.8 Registration and enforcement costs

To the extent permitted by law, the Customer must reimburse our reasonable costs of registering, maintaining or enforcing the security interest following the Customer’s default.

26.9 Lawful enforcement

Nothing in this section authorises Bauwerk to enter premises, seize Goods or exercise enforcement rights except in accordance with applicable law.

27. Suspension and termination

27.1 Suspension

We may suspend production, dispatch or further credit supply where:

an undisputed payment is overdue;
the Customer materially breaches these Terms;
there are reasonable grounds to believe the Customer is insolvent;
supply may breach a law or safety requirement; or
information necessary to fulfil the order has not been provided.

27.2 Notice

Before suspension, we will give reasonable notice where practicable and allow a reasonable opportunity to remedy a remediable breach.

27.3 Accrued rights

Suspension does not affect accrued rights.

27.4 Termination for breach

Either party may terminate an ongoing supply arrangement for material breach that is not remedied within a reasonable time after written notice.

27.5 Accepted orders

Termination of an ongoing supply arrangement does not affect an accepted individual order unless that order is also lawfully terminated.

28. Force majeure

28.1 Events beyond reasonable control

A party is not liable for delay or failure to perform an obligation, other than an obligation to pay money already due, to the extent caused by an event beyond its reasonable control.

28.2 Obligations of affected party

The affected party must:

notify the other party within a reasonable time;
take reasonable steps to minimise the impact; and
resume performance as soon as reasonably practicable.

28.3 Extended force majeure

If the event substantially prevents performance for more than 60 days, either party may cancel the affected unperformed part of the contract by written notice.

28.4 Refunds

We will refund payments for cancelled Goods that have not been supplied, less any lawful and reasonable amount attributable to Goods already produced specifically for a Trade Customer where the ACL does not require a different outcome.

29. Complaints and dispute resolution

29.1 Contact details

Complaints should be sent to:

Bauwerk Colour Australia Pty Ltd
Email: info@bauwerk.com.au
Postal address: PO Box 599, South Fremantle WA 6162, Australia

29.2 Complaint information

The complaint should identify:

the relevant order;
the issue;
available evidence; and
the requested outcome.

29.3 Good-faith review

We will review complaints in good faith and may propose:

further information exchange;
technical review;
product testing;
inspection;
replacement;
refund;
commercial settlement; or
mediation.

29.4 Discussions before proceedings

Before commencing court proceedings, each party should give the other written notice of the dispute and allow at least 14 days for good-faith discussions, except where:

urgent relief is required;
a statutory limitation period may expire; or
another legal process does not permit delay.

29.5 Regulatory and tribunal rights

Nothing in this section prevents a Consumer from contacting:

the Australian Competition and Consumer Commission;
a state or territory consumer-protection body;
a court;
a tribunal; or
another authority with jurisdiction.

30. Notices

30.1 Methods

A notice under these Terms may be given by:

email;
post; or
another electronic method ordinarily used between the parties.

30.2 Receipt

A notice is taken to be received:

for email, when it becomes capable of being retrieved at the recipient’s nominated email address, unless the sender receives a delivery-failure notice;
for post within Australia, three Business Days after posting; and
for courier, on recorded delivery.

30.3 Mandatory service rules

This section does not apply where legislation requires a different method or time of service.

31. Governing law and jurisdiction

31.1 Governing law

These Terms and each contract for the supply of Goods are governed by the laws of Western Australia and the Commonwealth of Australia.

31.2 Jurisdiction

Subject to any right to bring a claim in another competent court or tribunal, the parties submit to the courts and tribunals of Western Australia and courts hearing appeals from them.

31.3 Consumer jurisdictional rights

Nothing in this section prevents a Consumer from relying on a mandatory law or jurisdictional right applying in the Consumer’s state or territory.

31.4 International Sale of Goods Convention

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the extent that it may lawfully be excluded.

32. Assignment and subcontracting

32.1 Customer assignment

The Customer may not assign an accepted contract without our prior written consent.

We must not unreasonably withhold consent where the assignment does not materially prejudice Bauwerk.

32.2 Subcontractors

We may use carriers, warehouses, payment providers and other subcontractors to perform parts of our obligations.

32.3 Continuing responsibility

We remain responsible for our contractual obligations despite using a subcontractor, subject to these Terms and applicable law.

32.4 Business transfer

We may assign a contract as part of a genuine sale, restructuring or transfer of our business, provided that the assignment does not materially reduce the Customer’s rights.

33. Changes to these Terms

33.1 Future updates

We may update these Terms from time to time.

33.2 Effective date

Updated Terms apply to orders placed after the effective date shown on the website.

33.3 Existing orders

A change does not retrospectively alter an existing accepted order unless:

both parties agree;
the change is required by law; or
the change is administrative and does not materially disadvantage the Customer.

34. Waiver and severability

34.1 No implied waiver

A failure or delay in exercising a right does not waive that right.

34.2 Limited waiver

A waiver is effective only for the particular circumstance for which it is given.

34.3 Severability

If a provision is invalid, unlawful or unenforceable, it is to be read down to the minimum extent necessary.

If it cannot be read down, it is severed without affecting the remaining provisions.

35. Entire agreement

35.1 Contract documents

These Terms and the documents incorporated under section 2 contain the agreement between the parties concerning the relevant order.

35.2 Matters not excluded

This section does not exclude liability for:

fraud;
misleading or deceptive conduct; or
a representation that cannot lawfully be excluded.

36. Interpretation

36.1 Headings

Headings are for convenience and do not affect interpretation.

36.2 Singular and plural

The singular includes the plural and vice versa.

36.3 Legislation

A reference to legislation includes amendments, replacements and subordinate legislation.

36.4 Inclusive expressions

The words including, includes and similar expressions are not words of limitation.

36.5 Non-Business Days

If an obligation must be performed on a day that is not a Business Day, it must be performed on the next Business Day.

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