Terms of service

Last updated 25 August 2026

These terms of service (“Terms”) govern the supply of services by KSMM Pty Ltd (ABN 93 699 859 375, ACN 699 859 375) of Western Australia (“KSMM”, “we”, “us”) to a client (“you”), and your use of this website. By accepting a quote from us, or by using this website, you agree to these Terms.

1. Quotes, scope and acceptance

Every engagement begins with a written quote that sets out the scope of work, the inclusions and exclusions, the assumptions it relies on, the price and the finish date. A quote is an offer to perform the scope described in it and nothing more.

Unless the quote states otherwise, it remains open for acceptance for 30 days from its date, and no contract is formed until you accept it in writing. A verbal instruction may start work, but it does not vary a written scope or price.

2. Variations

If an assumption recorded in the quote proves incorrect, or you ask for work outside the scope, we will issue a written variation setting out the change and its effect on price and finish date. Additional work is not performed and the additional cost is not incurred until you accept the variation in writing.

3. Your responsibilities

You agree to:

• give us accurate and complete information about the work, the site and any known hazards or restrictions;
• provide safe and timely access to the site and to any systems or records needed to perform the work;
• obtain any owner, landlord, strata or body corporate consent required for the work;
• nominate a person authorised to give instructions and accept variations on your behalf.

Where a delay or additional cost is caused by information or access that was not provided as agreed, we will notify you and treat the resulting change as a variation.

4. Suppliers, carriers and licensed work

Where an engagement requires goods, freight, licensed trade work, professional certification or regulated advice, that element is supplied or performed by an appropriately qualified third party and is identified separately in the scope and quote. We select and coordinate those providers with reasonable care.

Goods supplied through us carry the manufacturer's or supplier's warranty, and we will pass on and assist with any warranty claim. Nothing in this clause limits your rights under the Australian Consumer Law against us or against any other supplier.

5. Fees, GST and payment

Prices are quoted in Australian dollars. Where GST applies it is shown separately on the quote and the tax invoice, which carries our ABN 93 699 859 375.

Unless the quote states otherwise, invoices are payable within 14 days of the invoice date. For engagements involving the purchase of goods or the booking of freight, we may require payment of that component before the order is placed. We may charge interest on overdue amounts at a reasonable commercial rate, and recover reasonable costs of recovery, in each case after giving you written notice and a further opportunity to pay.

Title to any goods supplied by us passes to you on payment in full; risk passes on delivery to the site or to your nominated carrier.

6. Cancellation and termination

You may cancel an engagement at any time by written notice. If you do, you remain liable for work properly performed and for costs we have committed on your behalf before the notice took effect, including non-refundable supplier and freight charges. We will take reasonable steps to mitigate those costs.

We may suspend or terminate an engagement by written notice if you fail to pay an undisputed invoice after we have given notice of the default, if safe access to the site cannot be provided, or if continuing the work would require us to breach a law or a licensing requirement. Termination does not affect any right or obligation that accrued before it.

7. Australian Consumer Law

For services, you are entitled to have the services supplied with due care and skill, fit for the purpose you made known to us, and supplied within a reasonable time. For major failures you are entitled to cancel the service contract and to a refund for the unused portion, or to compensation for the reduced value of the services, and to compensation for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified within a reasonable time and, if that is not done, to cancel and obtain a refund for the unused portion.

To the extent permitted by law, and where the services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

8. Limitation of liability

Subject to clause 7 and to the extent permitted by law:

• our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the fees paid by you to us for that engagement;
• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of production, loss of opportunity or loss of data;
• we are not liable for loss to the extent it is caused by inaccurate or incomplete information supplied by you, by your failure to provide access as agreed, or by the act or omission of a third party you engaged directly.

9. Intellectual property

All content on this website — including text, layout, code, page design and the KSMM name and monogram — is owned by or licensed to KSMM Pty Ltd and is protected by Australian copyright and trade mark law. You may view and print pages for your own business use. You may not reproduce, republish or adapt any part of this website for commercial purposes without our written permission.

Schedules, registers, scope documents and templates prepared by us in the course of an engagement remain our intellectual property. On payment in full you receive a non-exclusive, perpetual licence to use the deliverables prepared for you for the purposes for which they were created. Records and data you supply to us remain yours.

10. Confidentiality

Each party agrees to keep confidential the non-public commercial information of the other that it receives in connection with an engagement, and to use it only for the purposes of that engagement, except where disclosure is required by law or to a professional adviser under a duty of confidence. Personal information is handled in accordance with our privacy policy.

11. Website availability and content

This website is provided for general information about our services. We take reasonable care to keep it accurate and current, but the content is general in nature, does not take account of your particular circumstances, and is not advice. Nothing on this website is an offer capable of acceptance; a binding arrangement arises only from a written quote accepted under clause 1.

We do not warrant that the website will be available without interruption or free of error, and to the extent permitted by law we are not liable for loss arising from its unavailability.

12. Events beyond reasonable control

Neither party is liable for a failure or delay in performing an obligation (other than an obligation to pay money) to the extent it is caused by an event beyond its reasonable control, including severe weather, fire, flood, industrial action, supplier or carrier failure, or an act of a government or regulator. The affected party must notify the other promptly and take reasonable steps to reduce the effect of the event.

13. Notices

Notices under these Terms must be in writing and may be sent by email — to us at [email protected], and to you at the email address recorded on the quote. A notice sent by email is taken to be received on the next business day in Western Australia.

14. General

If any provision of these Terms is found to be unenforceable, it is severed and the remaining provisions continue in force. A failure to enforce a right is not a waiver of it. These Terms, together with the accepted quote and any accepted variation, form the whole agreement between us for the engagement. Where the quote and these Terms conflict, the quote prevails.

We may update these Terms from time to time. The version applying to an engagement is the version published on this page when your quote was issued.

15. Governing law

These Terms and each engagement are governed by the laws of the State of Western Australia (WA) and the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and of the courts competent to hear appeals from them.

16. Contact

• Entity: KSMM Pty Ltd, ABN 93 699 859 375, ACN 699 859 375
• Email: [email protected]
• Location: WA 6155, Australia