Terms & Conditions

Terms & Conditions

Seamless Overlays Pty Ltd


1. Introduction

These Terms & Conditions apply to all purchases of products from Seamless Overlays Pty Ltd (“Supplier”).

Products are supplied exclusively to certified and trained contractors (“Installer”).

By purchasing, receiving or using the Supplier’s products, the Installer agrees to be bound by these Terms.


2. Definitions

Supplier means Seamless Overlays Pty Ltd.

Installer means any contractor or business approved and trained by the Supplier.

Products means all products supplied by the Supplier, including but not limited to X-Bond Microcement (SEMCO Surfaces) and Quartz Carpet (SIDEC).

Training Guide means the most recent version of the Supplier’s Training Manual, Application Guide and technical documentation.


3. Eligibility to Purchase

The Supplier sells Products only to Installers who have successfully completed approved training at 329 Darebin Road, Thornbury VIC.

To be eligible for training, the Installer must operate a business specialising in one of the following trades:

  • Solid plastering
  • Rendering
  • Venetian plaster
  • Concreting
  • Epoxy finishes
  • Professional floor finishing
  • Other approved related trades at the Supplier’s discretion

Installers:

  • May purchase Products for their own projects only
  • Must not resell Products
  • Must not supply Products to untrained contractors
  • Must not outsource installation to uncertified applicators

The Supplier reserves the right to refuse supply at its discretion.


4. Training

The Supplier provides product training at its Victorian Head Office.

The Installer acknowledges that:

  • The Products are complex chemical formulations
  • Application requirements vary depending on substrate condition, preparation, environmental factors and site conditions
  • Training is conducted under controlled conditions
  • Training serves as guidance only

Training does not replace professional judgement, proper site assessment or installer expertise.

The Installer accepts full responsibility for determining suitability of Products for each project.


5. Installation Requirements

All Products must be installed strictly in accordance with:

  • The most recent Training Guide
  • All current technical documentation
  • Written recommendations issued by the Supplier

It is the Installer’s responsibility to:

  • Regularly check for updates to the Training Guide
  • Ensure compliance with the latest published procedures

While the Supplier notifies Installers of updates via email, the Installer remains responsible for ensuring they are working from the most current documentation.

Failure to follow current installation recommendations will void any applicable Product Warranty.

If alternative products are used in place of Supplier-approved products, including sealers, primers, base coats or top coats, the Product Warranty is void.


6. Slip Ratings and Compliance

Any published slip resistance results are based strictly on:

  • The Supplier’s approved installation methods
  • The Supplier’s specified sealers and systems

If a project requires a specific slip rating or compliance standard:

  • The project owner or client must notify the Installer prior to installation
  • The Installer must select an appropriate system, which may include alternative sealers or non-skid additives

The Installer is solely responsible for:

  • Confirming project compliance requirements
  • Ensuring compliance with the National Construction Code and all relevant standards
  • Specifying the correct system for the project

The Supplier does not certify project-specific compliance and accepts no responsibility where slip requirements were not identified prior to installation.


7. Warranty

The Supplier offers a Ten (10) Year Limited Product Warranty covering defective materials and, where applicable, delamination of the X-Bond System from the substrate.

This warranty:

  • Applies to Product performance only
  • Does not cover workmanship
  • Does not cover installation errors
  • Does not cover project outcomes

The Supplier does not provide installation services.

All workmanship warranties are the sole responsibility of the Installer.

Full warranty terms are outlined in the Supplier’s separate Warranty Document.


8. Installer Responsibility

The Installer assumes full responsibility for:

  • Surface preparation
  • System selection
  • Application method
  • Environmental conditions
  • Compliance with building codes and regulations
  • Compliance with slip resistance standards
  • Communication with their client regarding project requirements

The Supplier has no control over site conditions and accepts no liability for installation-related issues.


9. Safety, MSDS and PPE

The Installer must:

  • Read and understand the relevant Safety Data Sheets (SDS/MSDS) for all Products prior to use
  • Follow all safety instructions contained within the SDS documentation
  • Use appropriate personal protective equipment as specified in the SDS
  • Ensure safe handling, storage and disposal of Products

Failure to comply with safety requirements may void warranty and releases the Supplier from liability arising from misuse, unsafe handling or non-compliance.


10. Indemnity

The Installer agrees to indemnify and hold harmless the Supplier against any claim, loss, damage, cost or liability arising from:

  • Installation works
  • Misuse or incorrect application of Products
  • Negligence of the Installer
  • Negligence of third parties
  • Claims by builders, clients, property owners or other parties

This indemnity does not apply where loss is caused solely by proven negligence of the Supplier.


11. Payment Terms

All goods and freight must be paid in full prior to dispatch unless otherwise agreed in writing.

The Supplier is not obligated to release goods until cleared funds are received.


12. Pricing

Pricing is for supply of Product only.

Prices may vary due to changes in:

  • Raw material costs
  • Manufacturing
  • Packaging
  • Development
  • Freight and logistics

The Supplier reserves the right to amend pricing at any time.


13. Lead Times and Freight

Where stock is unavailable and needs to be ordered from our overseas suppliers, lead times may be up to 16 weeks.

The Supplier is not liable for delays caused by circumstances beyond its control, including manufacturing delays, freight disruptions or supply chain interruptions.


14. Limitation of Liability

To the maximum extent permitted by law:

  • The Supplier’s liability is limited to replacement of defective Product or refund of purchase price at the Supplier’s discretion
  • The Supplier is not liable for indirect, consequential or economic loss
  • The Supplier is not liable for loss of profit, project delays or third-party claims arising from installation

Nothing in these Terms excludes statutory rights that cannot be excluded under Australian Consumer Law.


15. Governing Law

These Terms & Conditions are governed by the laws of Victoria, Australia.

Any disputes arising under these Terms shall be subject to the jurisdiction of the courts of Victoria.


16. Amendments

The Supplier reserves the right to amend these Terms & Conditions at any time.

The version published on the Supplier’s website at the time of purchase applies to that transaction.


17. Acceptance

Purchase, receipt or use of the Supplier’s Products constitutes acceptance of these Terms & Conditions.