Coastal Strata Solutions Pty Ltd – Supply Terms and Conditions

Entity: Coastal Strata Solutions Pty Ltd (ABN 32 690 985 918 | ACN 690 985 918)

Registered/Business address: Unit 13, 51–55 Buderim Avenue, Mooloolaba, Queensland, Australia

────────────────────────────────

Contents

1. Definitions

2. Binding Terms and Conditions

3. General and Applicable Law

4. Entire Agreement

5. Modification of Terms

6. Operational Coverage and Subcontracting

7. Fees, Payment, Overdue Accounts and Disputes

8. Cancellations and Rescheduling

9. Referral Fees

10. Force Majeure

11. Waiver

12. Acceptance of Deliverables

13. Release, Consumer Guarantees and Limitation of Liability

14. Restrictions on Use of the Services

15. Customer Information and Privacy

16. General Inspection and Site Information

17. Scope of Services and Technical Limitations

18. Building Condition / Building Inspection Reports

19. Building Maintenance and Asset Condition Assessments

20. Project Management and Contract Administration Support

21. Scopes of Work, Procurement and Tender Assistance

22. Access to Private Units / Lots

23. Provision of Plans, Records and Information

24. Compliance Subscription / Retainer Package (if applicable)

────────────────────────────────

1. Definitions

1.1 In these Terms and Conditions:

1.1.1 Body Corporate means the entity responsible for the management of a strata/community titles scheme (including an owners corporation) and includes its committee and authorised agents.

1.1.2 Business Day means a day that is not a Saturday, Sunday or public holiday in Queensland.

1.1.3 Customer means the person(s) or entity acquiring the Services. If instructions are given by a body corporate manager, strata manager, committee member, caretaker, letting agent or other agent, the Customer is the principal (body corporate/owner) and the agent warrants it has authority to bind the Customer.

1.1.4 CSS, we, us means Coastal Strata Solutions Pty Ltd and its officers, employees and subcontractors.

1.1.5 Deliverables means any report, schedule, scope, recommendation, photos, correspondence, meeting notes, program, or other document produced as part of the Services.

1.1.6 Services means the services described in the quotation/proposal/work order, including (as applicable) building inspections, condition reporting, maintenance condition assessments, project management, procurement support, and contract administration support.

1.1.7 Subject Property means the lot/common property/building/site to which the Services relate.

1.1.8 Terms means these Supply Terms and Conditions as updated in accordance with clause 5.

1.2 Interpretation:

1.2.1 If a party comprises more than one person, those persons are jointly and severally liable.

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

────────────────────────────────

2. Binding Terms and Conditions

2.1 These Terms apply and are binding when the Customer:

(a) accepts a quotation/proposal/work order; or

(b) instructs CSS to proceed (including by email); or

(c) CSS commences work or attends site; or

(d) the Customer uses or relies on any Deliverables.

2.2 If an agent accepts Services on behalf of the Customer, the agent warrants authority to bind the Customer.

2.3 If any provision is unenforceable, it is severed to the extent necessary and the remainder remains in force.

────────────────────────────────

3. General and Applicable Law

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

3.2 Nothing in these Terms excludes, restricts or modifies rights that cannot be excluded under the Australian Consumer Law (ACL) or other applicable laws.

────────────────────────────────

4. Entire Agreement

4.1 These Terms, together with any quotation/proposal/work order and any written variation agreed by CSS, constitute the entire agreement and supersede prior discussions or representations.

4.2 If there is an inconsistency, precedence is:

(a) written variations; then

(b) the quotation/proposal/work order; then

(c) these Terms.

────────────────────────────────

5. Modification of Terms

5.1 CSS may update these Terms from time to time. Updated Terms apply to new engagements after publication. For ongoing subscription/retainer arrangements, clause 24 applies in addition.

────────────────────────────────

6. Operational Coverage and Subcontracting

6.1 CSS may subcontract components of the Services to suitably qualified third parties where required or beneficial (for example, specialist consultants), provided CSS remains your primary point of contact unless otherwise stated.

6.2 Where a specialist opinion is required to properly address an issue, CSS may:

(a) recommend specialist engagement and exclude that component from scope; or

(b) procure an appropriate specialist as a subcontractor, with additional fees disclosed in advance where practicable.

────────────────────────────────

7. Fees, Payment, Overdue Accounts and Disputes

7.1 Fees and GST: Fees are as stated in the quotation/proposal/work order and are inclusive of GST unless stated otherwise.

7.2 Deposits / progress claims: CSS may require a deposit and/or progress payments as stated in the quotation/proposal/work order. CSS is not required to commence or continue Services until required payments are received.

7.3 Payment terms: Unless otherwise stated, invoices are payable within 7 days of issue.

7.4 Variations / additional services: If the Customer requests work outside scope (including additional site visits, expanded reporting, additional meetings, urgent turnaround, or additional properties/areas), CSS may issue a revised fee or variation. CSS may proceed with minor additional work reasonably necessary to complete the engagement and bill it at CSS’s standard rates, provided it is itemised.

7.5 Disbursements: The Customer must reimburse reasonable out-of-pocket expenses incurred with the Customer’s approval or where reasonably necessary (e.g., paid parking, printing/courier). These will be itemised where practicable.

7.6 Overdue accounts: If an invoice remains unpaid after the due date, CSS may (without limiting other rights):

(a) suspend work and withhold Deliverables until payment is received;

(b) charge interest on overdue amounts at 2% per month calculated daily from the due date until paid (to the extent permitted by law); and/or

(c) recover reasonable costs of debt recovery, including legal fees on a solicitor-client basis and collection agency fees.

7.7 Good faith dispute process (fees): If the Customer disputes an invoice, the Customer must notify CSS in writing within 5 Business Days of invoice issue, identifying disputed item(s) and reasons. The Customer must pay any undisputed portion by the due date. The parties will use good faith efforts to resolve the dispute within 10 Business Days.

────────────────────────────────

8. Cancellations and Rescheduling

8.1 The Customer may cancel or reschedule by written notice (email is sufficient). Notice is effective when received.

8.2 Cancellation fees: Unless otherwise stated in the quotation:

(a) Before any work is performed: CSS may refund amounts paid less any non-recoverable booking/admin costs.

(b) After work has commenced (including document review, scheduling, travel time, attendance, drafting): CSS may charge fees proportionate to work performed plus costs incurred.

(c) After Deliverables are issued (draft or final): no refund is payable.

8.3 Site access failure: If CSS attends site and access is denied, materially restricted, or unsafe, CSS may charge for attendance/time and a return visit fee if re-attendance is required.

────────────────────────────────

9. Referral Fees

9.1 CSS may refer the Customer to contractors/consultants. CSS may receive or pay referral fees/commissions where permitted by law.

9.2 The Customer remains responsible for verifying third-party capability, licensing and insurances and for contracting directly with third parties unless CSS is specifically engaged to administer those contracts.

────────────────────────────────

10. Force Majeure

10.1 CSS is not liable for failure or delay caused by events beyond reasonable control (including severe weather, access restrictions, industrial action, supply chain disruptions, illness/injury, and government directions). Time for performance is extended accordingly.

────────────────────────────────

11. Waiver

11.1 A waiver is only effective if in writing. Failure or delay to enforce a right is not a waiver.

────────────────────────────────

12. Acceptance of Deliverables

12.1 The Customer must notify CSS in writing of any alleged non-conformance within 10 Business Days of receiving the Deliverables.

12.2 If the Customer does not notify CSS within that period, Deliverables are deemed accepted to the extent permitted by law.

────────────────────────────────

13. Release, Consumer Guarantees and Limitation of Liability

13.1 No exclusion of ACL: CSS does not exclude consumer guarantees that cannot be excluded under the ACL.

13.2 Scope-based limitation: CSS is not responsible for outcomes arising from matters:

(a) outside the agreed scope;

(b) not reasonably observable during a visual inspection;

(c) requiring invasive/destructive testing unless expressly agreed;

(d) arising after the inspection date; or

(e) caused by failure to implement recommendations or maintain the Subject Property.

13.3 Rectification of errors: If a genuine error attributable to CSS is identified within 12 months of issue, CSS will correct it at no charge (where reasonably practicable). After 12 months, CSS may charge a reasonable fee, and a reinspection fee may apply if site attendance is required.

13.4 Liability cap (to the extent permitted by law): CSS’s aggregate liability arising out of or in connection with the Services is limited to the amount paid by the Customer for the specific Service giving rise to the claim.

13.5 Consequential loss excluded (to the extent permitted by law): CSS is not liable for indirect or consequential losses (including loss of profit, loss of rent, loss of opportunity, financing costs, delay costs or reputational loss).

13.6 Customer indemnity: The Customer indemnifies CSS against claims arising from:

(a) inaccurate/incomplete information supplied by the Customer/agents;

(b) acts/omissions of third parties engaged by the Customer;

(c) unauthorised distribution or misuse of Deliverables (clause 14);

(d) failure to provide safe access or comply with site safety directions.

────────────────────────────────

14. Restrictions on Use of the Services

14.1 Deliverables are provided solely for the Customer and the stated purpose in the quotation/report.

14.2 The Customer must not provide Deliverables to third parties without CSS’s prior written consent, except where required by law or to professional advisers under confidentiality.

14.3 The Customer must not extract or publish excerpts in a way that misrepresents context. Deliverables must be used as a whole to preserve contextual integrity.

14.4 Intellectual property: CSS retains intellectual property in the Deliverables. Upon full payment, the Customer receives a non-exclusive licence to use Deliverables for the agreed purpose.

14.5 CSS may withhold Deliverables or revoke the licence for non-payment.

────────────────────────────────

15. Customer Information and Privacy

15.1 CSS collects and uses information to deliver Services, manage quality, communicate, invoice and comply with legal obligations.

15.2 CSS may disclose information to subcontractors/consultants solely to deliver Services.

15.3 CSS may contact the Customer about related services unless the Customer opts out.

15.4 CSS will handle personal information in accordance with applicable privacy laws and CSS’s Privacy Policy (available on request or via website once published).

────────────────────────────────

16. General Inspection and Site Information

16.1 The Customer must ensure reasonable, safe access to relevant areas at the agreed time, including common property spaces such as plant rooms, roofs (where safe), service risers, electrical/meter rooms, stairwells and basement areas where relevant to the scope.

16.2 The Customer should arrange parking where practicable. Paid parking and reasonable travel/access costs may be charged if incurred.

16.3 If site conditions are unsafe, CSS may suspend attendance and charge time/costs incurred.

────────────────────────────────

17. Scope of Services and Technical Limitations

17.1 Unless expressly stated otherwise, CSS Services are visual, non-invasive assessments. CSS does not open up structures or perform destructive testing.

17.2 CSS does not provide statutory certification services (including pool safety certification, asbestos registers, fire certification, insurance valuations, or window device installation/compliance) unless expressly agreed in writing and legally authorised.

17.3 CSS reports are based on conditions at the time of inspection and information supplied. Hidden defects may exist.

17.4 CSS may reasonably rely on information from the Customer, body corporate manager, committee members, caretakers, owners, tenants, contractors and available records without independent verification unless stated otherwise.

17.5 Any cost estimates (if provided) are indicative only and not a fixed price unless explicitly stated.

────────────────────────────────

18. Building Condition / Building Inspection Reports

18.1 Purpose: to provide an opinion on the observable condition of accessible building elements at the Subject Property at the date of inspection, identify apparent defects/maintenance issues, and recommend practical next steps (including specialist investigations where warranted).

18.2 Limitations:

(a) no invasive testing, moisture mapping behind linings, membrane uplift, or similar unless agreed;

(b) no representation that the building is “fully compliant” with all laws/standards; and

(c) conclusions may be qualified by access constraints, weather, occupancy, and records provided.

────────────────────────────────

19. Building Maintenance and Asset Condition Assessments

19.1 Purpose: to identify observable maintenance needs and condition risks primarily in common property areas, assist prioritisation, and support budgeting and maintenance planning.

19.2 CSS may provide suggested priorities, risk flags and staged recommendations. The Customer remains responsible for approvals, budgeting decisions, and engaging appropriately licensed contractors to perform works.

────────────────────────────────

20. Project Management and Contract Administration Support

20.1 Where CSS provides project management support, CSS may assist with scoping, programming, stakeholder coordination, procurement support, contractor coordination, progress monitoring, variation review support, and practical completion support—only to the extent stated in the proposal.

20.2 CSS does not act as builder, superintendent, certifier, engineer, or statutory compliance authority unless expressly agreed in writing and legally authorised.

20.3 CSS is not responsible for contractor workmanship, contractor site safety systems controlled by the principal contractor, or statutory certification obligations of third parties, except to the extent CSS is engaged to coordinate information and reporting.

────────────────────────────────

21. Scopes of Work, Procurement and Tender Assistance

21.1 Where engaged, CSS may assist with preparing scopes of work, requesting and comparing quotations/tenders, and providing recommendations based on stated evaluation criteria.

21.2 CSS does not guarantee lowest price, contractor availability, or contractor performance.

21.3 Final contractor selection and contract execution remains the Customer’s responsibility unless the Customer expressly authorises CSS in writing to execute documents on its behalf.

────────────────────────────────

22. Access to Private Units / Lots

22.1 Where access to private lots is required, the Customer (or its agent) is responsible for arranging access and notifying occupiers.

22.2 If access cannot be obtained, CSS may be unable to report on those areas. A return visit fee may apply if re-attendance is requested.

22.3 Where keys are handled via agents at the Customer’s direction, CSS is not responsible for loss/theft arising from key handling where CSS has acted reasonably and deposited keys as agreed.

────────────────────────────────

23. Provision of Plans, Records and Information

23.1 The Customer must provide relevant plans, prior reports, maintenance records, approvals and documents reasonably requested by CSS.

23.2 If key documents are not provided, CSS may qualify conclusions, exclude parts of the scope, and/or charge additional time for document follow-up and interpretation, with notice where practicable.

────────────────────────────────

24. Compliance Subscription / Retainer Package (if applicable)

24.1 Where the Customer enters a subscription/retainer arrangement, inclusions, response times, minimum term (if any), fee review mechanism, and termination rights will be set out in a written schedule or quotation.

24.2 Unless otherwise stated, subscription/retainer fees may be reviewed annually and adjusted to reflect changes in labour, insurance and operating costs.

24.3 If a minimum term applies and the Customer terminates without lawful cause before the end of the minimum term, CSS may invoice for Services performed to date and recover any agreed discounts as set out in the schedule (to the extent permitted by law).