SECTION 1 — DEFINITIONS
For the purpose of these Terms & Conditions:
Client means the property owner, tenant, authorised representative, insurer, builder, property manager, body corporate or any person engaging Cleopatra Restoration Group.
Cleopatra means Cleopatra Restoration Group, including its employees, subcontractors and authorised representatives.
Works means any inspection, emergency response, mitigation, restoration, remediation, cleaning, drying, demolition, contents restoration, equipment hire, reporting or related services undertaken by Cleopatra.
Variation means any change to the agreed scope of works resulting from hidden damage, unforeseen conditions, additional work or client instructions.
Equipment includes drying equipment, dehumidifiers, air movers, HEPA air filtration devices, extraction equipment, moisture monitoring equipment and any other equipment supplied by Cleopatra.
Insurance Works means works associated with an insurance claim.
Private Works means works not funded directly by an insurer.
SECTION 2 — ACCEPTANCE
The Client accepts these Standard Terms & Conditions by:
- signing a quotation or work authorisation;
- approving a quotation by email, SMS or other electronic communication;
- providing verbal approval;
- issuing a purchase order;
- requesting Cleopatra to commence works;
- providing access to the property;
- making payment; or
- otherwise instructing Cleopatra to proceed.
Any of the above constitutes acceptance of these Standard Terms & Conditions.
2.1 Quote Validity
Cleopatra Restoration Group prepares quotations based on the conditions observed at the time of inspection.
Unless otherwise stated:
- General quotations remain valid for seven (7) calendar days.
- Emergency water damage quotations remain valid for twenty-four (24) hours due to the time-sensitive nature of water damage restoration.
If approval is delayed beyond these timeframes, Cleopatra may need to reassess the property and issue an updated quotation where site conditions, moisture levels or the required scope of works have changed.
2.2 Our Commitment
Our goal is always to restore your property safely, efficiently and with as little disruption as possible.
Where practical, Cleopatra will seek to restore affected building materials and contents before recommending replacement.
Our recommendations are based on industry best practice, manufacturer guidelines and our professional experience, while taking into account the condition of the property, health considerations and the long-term performance of restored materials.
2.3 Scope of Services
Each quotation is based on the information available during our inspection.
The quoted scope reflects the conditions that were visible or reasonably accessible at that time.
As restoration work progresses, it is sometimes necessary to access concealed areas or remove affected materials to properly assess the extent of damage.
Where previously hidden damage or contamination is discovered, Cleopatra will explain the findings and discuss the most appropriate course of action with the Client before undertaking any additional chargeable works, unless immediate action is reasonably necessary to protect the property or ensure safety.
2.4 Hidden Damage & Unforeseen Conditions
Water, mould, smoke and contamination often travel beyond what is visible during an initial inspection.
As a result, additional damage may only become apparent after:
- moisture levels reduce;
- materials are removed;
- cavities are inspected;
- flooring or skirting boards are lifted;
- ceilings or wall linings are accessed; or
- specialised equipment is used.
This is a normal part of the restoration process and does not necessarily indicate that the original inspection was incomplete.
2.5 Variations
If additional work becomes necessary due to hidden damage, changing site conditions or a request from the Client, Cleopatra will provide a clear explanation of the additional work and, where practicable, obtain approval before proceeding.
A variation may be required where:
- additional drying is necessary;
- mould or microbial contamination is discovered;
- structural damage is discovered;
- asbestos or other hazardous materials are identified;
- sewage contamination is identified;
- odour affecting additional areas is identified;
- concealed damage or hidden cavities are identified;
- moisture migration into inaccessible areas is identified;
- demolition is required to access affected areas;
- additional equipment or monitoring is required;
- the Client requests changes to the agreed scope; or
- site conditions have changed since the original inspection.
Where immediate action is reasonably required to prevent further damage, reduce health risks or protect the property, Cleopatra may undertake emergency mitigation works before formal approval is obtained. Any such works will be explained to the Client as soon as reasonably practicable.
2.6 Professional Judgement
Restoration is a specialised process that requires ongoing assessment as site conditions change.
The Client acknowledges that Cleopatra may adjust drying methods, equipment placement, containment strategies or restoration techniques where, in our professional opinion, doing so is necessary to achieve the safest and most effective restoration outcome.
Any adjustment that materially changes the scope or cost of the works will be discussed with the Client and managed through the variation process wherever practicable.
2.7 Services Not Included
Unless specifically included within the quotation, Cleopatra does not undertake plumbing, electrical, roofing, waterproofing, engineering, structural, design or other building reinstatement works.
The Client remains responsible for arranging those services where required, including repair of the original source of damage referred to in clause 3.5.
SECTION 3 — EMERGENCY RESTORATION SERVICES
3.1 Emergency Restoration
Water damage restoration is considered an emergency service.
The sooner mitigation works commence, the greater the opportunity to minimise damage, reduce restoration costs and restore affected materials.
Delays in commencing restoration may result in:
- microbial growth;
- mould development;
- permanent damage to building materials or contents;
- increased demolition requirements;
- extended drying times; and
- higher restoration costs.
For this reason, Cleopatra recommends that emergency water damage works commence as soon as reasonably practicable after the damage is discovered.
3.2 Additional Investigation & Hidden Contamination
Where additional microbial contamination, mould growth, hidden damage or other conditions are identified, or are reasonably suspected to exist, during the course of the works, Cleopatra may recommend additional investigation, demolition, drying, cleaning, remediation or other amendments to the Scope of Works. Any additional works will be managed in accordance with the Variation process.
3.3 Mould Remediation
Mould is a naturally occurring fungus that develops where sufficient moisture and suitable environmental conditions exist.
The extent of mould growth may increase rapidly where moisture remains present.
Accordingly, quotations for mould remediation are based on the conditions observed during the inspection. If approval is delayed and contamination has increased, Cleopatra may recommend a revised scope of works or issue an updated quotation.
3.4 Our Approach to Mould
Cleopatra is committed to carrying out mould remediation in accordance with recognised industry standards and best practice.
Where required, works may include:
- source identification;
- containment of affected areas;
- HEPA air filtration;
- removal of non-restorable materials;
- cleaning of restorable materials;
- application of appropriate remediation methods;
- drying and moisture management; and
- post-remediation recommendations.
The remediation approach will always be based on the condition of the property and the extent of contamination identified at the time of the works.
3.5 Moisture Source
Successful restoration depends on identifying and addressing the source of moisture.
Cleopatra’s services do not include repairing the source of water ingress itself — see clause 2.7 (Services Not Included).
Where ongoing moisture is present, restoration outcomes may be affected until the source has been repaired.
3.6 Future Mould Growth
Mould remediation removes existing contamination identified at the time of the works.
As mould requires moisture to develop, Cleopatra cannot guarantee that mould will not return if future water ingress, leaks, condensation, elevated humidity, flooding or other moisture sources occur after the completion of our services.
The Client is responsible for maintaining the property and addressing future moisture issues to reduce the risk of recurring mould growth.
3.7 Health & Safety
Where contamination presents a potential health risk, Cleopatra may recommend restricting access to affected areas until remediation has been completed.
The Client agrees to follow any reasonable health and safety recommendations provided during the restoration process for the protection of occupants, visitors and contractors.
3.8 Existing Mould & Air Quality
Cleopatra can only assess and remediate mould or contamination that is identified during our inspection or discovered during the agreed scope of works.
Cleopatra cannot warrant that hidden mould or contamination does not exist in inaccessible areas that were not reasonably able to be inspected.
3.9 Mould Clearance Testing
Where post-remediation verification or independent hygienist clearance testing is requested or required, those services are excluded unless specifically included within the quotation.
3.10 Smoke & Odour
Smoke and odour removal is influenced by the extent of contamination, the materials affected and environmental conditions.
While Cleopatra will use recognised restoration methods, complete odour elimination cannot always be guaranteed where contamination remains within inaccessible building components.
3.11 Sewage & Category 3 Water
Properties affected by sewage or Category 3 water may require demolition of affected materials where restoration is not considered safe or appropriate, in accordance with recognised industry standards.
3.12 Mould Spores & Reappearance
Mould spores are naturally present in indoor and outdoor environments and cannot be eliminated entirely. Remediation reduces contamination to industry-accepted levels; it is not sterilisation and does not create a zero-spore environment.
The reappearance of mould after completion of the works is not, of itself, evidence that remediation was deficient, and may result from factors outside Cleopatra’s control, including humidity, ventilation, HVAC performance, condensation or occupant behaviour.
SECTION 4 — CLIENT RESPONSIBILITIES, SITE ACCESS & EQUIPMENT
4.1 Working Together
Successful restoration is a shared process between Cleopatra Restoration Group and the Client.
To achieve the best possible outcome, the Client agrees to provide reasonable cooperation throughout the restoration process, including timely communication, property access and following any reasonable recommendations provided by Cleopatra.
Our aim is always to restore your property as efficiently as possible while minimising disruption to your home or business.
4.2 Property Access
The Client agrees to provide Cleopatra with safe and reasonable access to the property during normal working hours, or at other agreed times where required.
Where access cannot be provided for scheduled inspections, monitoring visits or restoration works, additional attendance charges may apply.
If works are delayed due to restricted access, Cleopatra is not responsible for any increase in drying time, deterioration, mould growth or additional restoration costs that occur as a result of that delay.
4.3 Safe Working Environment
The Client must advise Cleopatra of any known hazards before works commence, including but not limited to:
- asbestos or hazardous materials;
- structural concerns;
- electrical hazards;
- aggressive animals;
- restricted access areas; or
- any other condition that may affect the safety of workers or occupants.
Cleopatra may suspend works where the site is considered unsafe until the hazard has been addressed.
4.4 Drying Equipment
Where drying equipment is installed, it forms an essential part of the restoration process.
Unless otherwise instructed in writing by Cleopatra, the Client agrees to:
- leave all equipment operating continuously;
- ensure equipment remains connected to a suitable power supply;
- avoid relocating or covering equipment;
- immediately notify Cleopatra if equipment stops operating or is damaged; and
- provide reasonable access for monitoring and adjustment of equipment.
4.5 Equipment Charge Cap
As a customer benefit, equipment hire charges are capped at a maximum of four (4) chargeable days per calendar week, regardless of the number of days the equipment remains on site.
This benefit applies while equipment remains connected and operating as instructed.
If equipment is switched off, unplugged, disconnected, relocated, tampered with or otherwise prevented from operating by the Client, occupants or third parties, Cleopatra may:
- remove the weekly equipment charge cap;
- charge equipment hire for each day equipment remains on site;
- recover reasonable additional labour, monitoring and attendance costs; and
- revise the restoration program where drying has been delayed.
Cleopatra is not responsible for additional damage, microbial growth, mould development or increased restoration costs resulting from equipment interference.
4.6 Electricity
Drying and air filtration equipment requires a continuous electricity supply.
Unless otherwise agreed, electricity costs associated with operating restoration equipment remain the responsibility of the Client.
Cleopatra will use reasonable efforts to minimise electricity consumption while maintaining effective drying conditions.
4.7 Monitoring Visits
Restoration equipment requires regular monitoring to ensure drying progresses efficiently.
Monitoring visits may include:
- moisture testing;
- equipment adjustments;
- environmental monitoring;
- documentation;
- progress reporting; and
- equipment removal when drying is complete.
The number and frequency of monitoring visits will depend on site conditions and the progress of drying.
4.8 Pets & Occupants
For the safety of occupants and our technicians, the Client agrees to keep children, pets and unauthorised persons away from active work areas, containment zones and restoration equipment while works are underway.
4.9 Professional Recommendations
Cleopatra’s recommendations are made in the Client’s best interests and are based on recognised restoration standards, manufacturer guidance and professional experience.
Where the Client chooses not to follow a reasonable recommendation, Cleopatra will discuss any potential impacts with the Client. Cleopatra will not be responsible for additional damage, delays or reduced restoration outcomes that result directly from that decision.
4.10 Utilities
The Client agrees to provide access to electricity, water and other utilities reasonably required to complete the restoration works.
Where utilities are unavailable, restoration timeframes may increase. This clause addresses access to utilities generally; clause 4.6 addresses responsibility for electricity costs specifically.
4.11 Abandoned Equipment
If drying equipment cannot be collected because access is repeatedly refused or unavailable, reasonable equipment hire charges may continue until collection can occur, in addition to any charges arising under clause 4.5.
4.12 Equipment Interference & Drying Outcomes
References in this Agreement to interference with drying equipment include interference by the Client, occupants, children, tenants, cleaners, trades, landlords, real estate agents or any other third party, whether intentional or accidental, including equipment being unplugged, disconnected from a power board, relocated or covered.
Where such interference occurs, Cleopatra cannot guarantee drying outcomes or restoration timeframes, and clause 4.5 (Equipment Charge Cap) applies accordingly.
SECTION 5 — INSURANCE, PAYMENT & SUSPENSION OF WORKS
5.1 Insurance Claims
Cleopatra Restoration Group regularly works with insurance companies, loss adjusters, builders and property managers to assist with the restoration process.
Where works relate to an insurance claim, Cleopatra will provide reasonable assistance by supplying documentation relevant to our services, including reports, moisture readings, photographs, quotations and invoices where required.
Unless otherwise agreed in writing, Cleopatra is not responsible for managing, negotiating or determining the outcome of an insurance claim. Cleopatra does not act as an insurance assessor, cannot determine what is covered under the Client’s policy, and cannot guarantee that a claim will be approved, that an insurer will make payment, or that an insurer will agree with Cleopatra’s recommendations.
Approval of works remains subject to the Client’s instructions or those of an authorised representative.
5.2 Responsibility for Payment
Regardless of whether works relate to an insurance claim, the Client remains responsible for payment of all invoices unless Cleopatra has agreed in writing to invoice and recover payment directly from the insurer or another authorised party.
Any insurance excess, policy exclusions, depreciation, betterment, declined works or amounts not paid by an insurer remain the responsibility of the Client.
5.3 Payment Terms
Unless otherwise agreed in writing:
Insurance Works
Payment is due immediately upon the Client receiving payment from their insurer or within thirty (30) days of the invoice date, whichever occurs first.
Private Quoted Works
A deposit of fifty percent (50%) of the quoted price is payable upon the Client’s acceptance of the quotation, with the balance payable upon completion of the works.
Emergency Works
Invoices under $2,500 (including GST) are payable immediately upon completion of the works.
Invoices $2,500 and over (including GST) are payable within seven (7) calendar days of the invoice date.
5.4 Variations
Approved variations will be invoiced in accordance with these payment terms unless otherwise agreed.
Where additional work is identified, Cleopatra will explain the reason for the variation and provide updated pricing before proceeding wherever reasonably practicable.
5.5 Overdue Accounts
If payment has not been received by the due date, Cleopatra may:
- issue payment reminders;
- charge a reasonable administration fee for managing the overdue account;
- recover interest on overdue amounts at a rate of 12.5% per annum, calculated daily on the outstanding balance from the due date until payment is received in full;
- recover reasonable debt recovery, legal and collection costs incurred in recovering the outstanding amount; and
- suspend further non-emergency works until the account has been brought up to date.
Cleopatra will always endeavour to work with Clients experiencing genuine financial hardship and encourages early communication where payment difficulties arise.
5.6 Suspension of Works
Where invoices remain unpaid, approvals are withheld or access cannot be provided, Cleopatra may suspend or postpone works until the matter has been resolved.
Where works are suspended due to circumstances outside Cleopatra’s control, the Client acknowledges that restoration outcomes may be affected by delays beyond our reasonable control.
Any additional attendance, equipment, labour or remobilisation required to recommence the works may be charged where applicable.
5.7 Cancellation
If the Client chooses to cancel works after acceptance of the quotation or after mobilisation has occurred, the Client agrees to pay for:
- works completed to the date of cancellation;
- equipment used;
- materials supplied;
- specialist services engaged; and
- any reasonable costs already incurred by Cleopatra in delivering the agreed services.
5.8 Completion of Works
Works are considered complete when:
- the agreed scope of works has been finished;
- restoration equipment has been removed (where applicable);
- the Client has been notified that the works are complete; or
- Cleopatra has otherwise fulfilled the agreed scope of services.
Completion of works does not remove the Client’s obligation to make payment in accordance with this Agreement. A Client signature is not required to confirm completion where the agreed scope of works has otherwise been completed in accordance with this clause.
5.9 Deposits & Progress Payments
The standard deposit requirement for Private Quoted Works is set out in clause 5.3. For larger or extended projects, Cleopatra may also require additional deposits prior to commencing works, and may invoice progress payments as the works proceed. Any such additional deposit or progress payment requirements will be set out in the quotation or work authorisation.
5.10 Retention of Title
Ownership of any materials or goods supplied by Cleopatra remains with Cleopatra until paid for in full, notwithstanding delivery, installation or fixing to the property. Until payment is received in full, the Client holds any unfixed materials or goods on trust for Cleopatra and must not sell, charge or otherwise deal with them.
SECTION 6 — GENERAL CONDITIONS
6.1 Standard of Service
Cleopatra Restoration Group is committed to delivering professional restoration services using trained personnel, recognised industry practices and appropriate restoration equipment.
All services will be performed with reasonable care and skill, in accordance with the agreed Scope of Works and with the objective of restoring affected property safely, efficiently and to the highest practical standard.
6.2 Restoration Outcomes
Restoration outcomes depend on a range of factors, including:
- the age and condition of building materials and contents;
- the extent and duration of the damage;
- hidden or inaccessible conditions;
- environmental conditions;
- delays in commencing works;
- ongoing moisture or contamination;
- previous repairs or alterations; and
- timely approval and cooperation throughout the restoration process.
While Cleopatra will make every reasonable effort to restore affected materials wherever practical, restoration cannot always return materials or contents to their exact pre-loss condition. Where materials are determined to be unsafe, structurally compromised or non-restorable, Cleopatra will advise the Client and recommend the most appropriate course of action.
6.3 Warranty
Cleopatra warrants that services will be carried out with reasonable care and skill in accordance with recognised restoration industry practices.
This warranty does not extend to:
- future water ingress or leaks;
- plumbing, roofing or waterproofing failures;
- structural defects or structural movement;
- pre-existing damage;
- recurring mould caused by new or ongoing moisture sources;
- deterioration occurring after completion of the works;
- damage resulting from client instructions contrary to professional recommendations;
- damage caused by third parties; or
- circumstances beyond Cleopatra’s reasonable control.
Nothing in this Agreement excludes or limits any rights the Client may have under the Australian Consumer Law.
6.4 Limitation of Liability
Cleopatra’s responsibility is limited to the restoration services specifically described within the accepted Quotation and any approved Variations.
To the extent permitted by law, Cleopatra excludes liability for indirect or consequential loss, including loss of profits, business interruption, loss of rent, accommodation costs, loss of opportunity, and loss or delay caused by insurers, builders, suppliers or the unavailability of replacement materials.
To the extent permitted by law, Cleopatra will also not be liable for loss or damage arising from:
- hidden or pre-existing defects;
- failure to repair the original source of damage;
- interruptions to electricity, water or other utilities;
- delays caused by third parties;
- failure to follow Cleopatra’s reasonable recommendations;
- errors or omissions in plans, designs or specifications not prepared by Cleopatra;
- use of Cleopatra’s reports, documentation or advice without Cleopatra’s approval, or for a purpose other than that for which they were prepared;
- interference with restoration equipment by persons other than Cleopatra; or
- events beyond Cleopatra’s reasonable control.
Where permitted by law, Cleopatra’s total liability for any claim arising directly from the services provided will not exceed the value of the services supplied.
Cleopatra’s liability in respect of a project expires twelve (12) months after the date of the last invoice for that project, unless the Client has made a claim in writing to Cleopatra within that period specifying the alleged act, omission or breach and the loss or damage said to have resulted.
These exclusions and limitations do not apply to the extent they would exclude, restrict or modify a consumer guarantee under the Australian Consumer Law, or otherwise contravene the Australian Consumer Law.
6.5 Photographs, Records & Documentation
The Client authorises Cleopatra to photograph, record and document the property before, during and after the restoration process, including capturing moisture readings and other environmental conditions.
This information may be used to:
- prepare reports and restoration documentation;
- support project records, moisture monitoring and quality assurance;
- assist insurance claims and warranty administration; and
- support training and internal quality improvement.
Cleopatra may provide relevant photographs, readings and reports to insurers, builders, loss adjusters, hygienists, contractors or other authorised parties directly involved in the claim or restoration project. Images identifying the Client or property will not be used for marketing purposes without the Client’s prior consent.
These records form part of the official project documentation and may be relied upon for project administration, insurance claims, quality assurance, warranty administration and dispute resolution.
6.6 Privacy
Cleopatra respects the privacy of its Clients. Personal information collected during the restoration process will only be used for the purpose of:
- providing restoration services;
- administering the project;
- communicating with authorised parties;
- supporting insurance claims; and
- complying with legal obligations.
Information will only be disclosed where reasonably necessary to complete the services or where required by law.
For full details of how Cleopatra collects, holds, uses and discloses personal information in accordance with the Australian Privacy Principles, refer to Cleopatra’s Privacy Policy, available on request.
6.7 Events & Delays Beyond Our Control
Completion timeframes are estimates only. Cleopatra will not be responsible for delays or reduced restoration outcomes arising from circumstances beyond its reasonable control, including but not limited to severe weather, flooding, cyclones, pandemics or epidemics, power or utility outages, internet or software failures, road closures, supplier or labour shortages, transport delays, industrial action, government directions or restrictions, builder delays, insurer delays or other unforeseen events.
Where this occurs, Cleopatra will keep the Client informed and resume works as soon as reasonably practicable.
6.8 Resolving Concerns
Cleopatra values open communication and aims to resolve concerns promptly and fairly. If the Client has any concerns regarding the services provided, both parties agree to make reasonable efforts to resolve the matter through discussion before commencing formal legal proceedings, except where urgent action is reasonably required to protect legal rights.
6.9 Electronic Communications & Approvals
The Client agrees that quotations, variations, approvals, work authorisations and other project communications may be provided and accepted electronically, including by email, SMS or other agreed electronic methods. Electronic acceptance has the same effect as a handwritten signature.
6.10 Governing Law
This Agreement is governed by the laws of the Australian State or Territory in which the services are performed.
6.11 Australian Consumer Law
Nothing contained in this Agreement excludes, restricts or modifies any guarantee, right or remedy available to the Client under the Australian Consumer Law or any other legislation that cannot lawfully be excluded.
6.12 Entire Agreement
These Standard Terms & Conditions, together with the accepted Quotation, Scope of Works and any approved Variations, form the entire agreement between Cleopatra Restoration Group and the Client. Any amendment to this Agreement must be confirmed in writing by Cleopatra.
6.13 Severability
If any provision of these Standard Terms & Conditions is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
6.14 Colour & Material Variation
Where restoration or replacement materials are supplied, minor differences in colour, texture, finish or appearance may occur due to age, weathering, manufacturing tolerances or discontinued product lines.
6.15 Warranty Limitations & Voidance
In addition to the exclusions set out in clause 6.3, any warranty provided by Cleopatra may be void where:
- further water ingress or new damage occurs after completion;
- repairs to the original source of damage are not completed;
- other contractors interfere with completed restoration works; or
- the Client fails to follow reasonable post-restoration recommendations.
6.16 Duty of Good Faith
Cleopatra Restoration Group and the Client agree to act honestly, reasonably and in good faith throughout the restoration process.
Both parties agree to communicate openly, promptly raise any concerns and cooperate in resolving issues to minimise delays, unnecessary costs and further property damage. This clause operates alongside, and does not limit, clause 6.8 (Resolving Concerns).
6.17 Intellectual Property
All photographs, moisture maps, thermal images, reports and other documentation prepared by Cleopatra remain the intellectual property of Cleopatra Restoration Group.
The Client is granted a licence to use this documentation for purposes connected with the property and any associated insurance claim. It must not be reproduced or used for other commercial purposes without Cleopatra’s consent. This clause does not affect the Client’s privacy rights under clause 6.6.
SECTION 7 — ADDITIONAL OPERATIONAL TERMS
7.1 Authority to Instruct Works
The person accepting a quotation, approving a variation or instructing Cleopatra to carry out works warrants that they have the authority to act on behalf of the property owner, occupier, insurer, builder, property manager, body corporate or other responsible party. Cleopatra may rely upon those instructions unless advised otherwise in writing.
7.2 Right to Refuse or Suspend Works
The safety of our Clients, employees and contractors is our highest priority. Cleopatra reserves the right to refuse to commence, suspend or cease works where it reasonably believes that:
- the site is unsafe, including due to structural instability or electrical hazards;
- hazardous materials or biohazards have been identified or are reasonably suspected;
- safe access cannot be obtained;
- occupants are affected by drugs or alcohol in a manner that creates a safety risk;
- abusive, threatening or violent behaviour has occurred;
- uncontrolled animals present a safety risk;
- required approvals have not been received;
- payment obligations have not been met; or
- continuing the works would be unsafe, unlawful or likely to result in further property damage.
Where practical, Cleopatra will explain the reason for the suspension and advise the Client of any reasonable steps required before works recommence. Reasonable remobilisation costs may apply.
7.3 Inspection Limitations
Quotations and inspections are based on conditions that are visible, reasonably accessible and identifiable at the time of attendance. Hidden damage, concealed moisture, mould, contamination, structural deterioration or other defects may only become apparent once restoration works have commenced. Where additional damage is discovered, Cleopatra will discuss the findings with the Client and, where reasonably practicable, obtain approval before undertaking additional chargeable works.
7.4 Non-Restorable Materials
Cleopatra will make every reasonable effort to restore affected building materials and contents wherever practical. Where, in Cleopatra’s professional opinion, materials have become unsafe, structurally compromised, contaminated or are otherwise non-restorable, replacement may be recommended instead of restoration. Recommendations will be based on recognised restoration industry practices — including IICRC standards, applicable Australian Standards and manufacturer recommendations — as well as hygiene, safety and the long-term performance of the affected materials.
7.5 Other Contractors
Cleopatra is not responsible for delays, additional damage or increased restoration costs arising from the actions, omissions or delays of plumbers, electricians, builders, insurers, hygienists, consultants, landlords, tenants, suppliers or other contractors or third parties engaged by the Client or otherwise involved in the property.
Where the Client appoints other contractors during the restoration process, Cleopatra is likewise not responsible for damage, delays or reduced restoration outcomes resulting from those works or from any interference with the agreed restoration methodology.
7.6 Hazardous Materials
If asbestos, lead, silica, chemicals, biohazards, sharps, illegal drug contamination or any other hazardous materials are identified or reasonably suspected, Cleopatra may immediately suspend works until the area has been assessed and made safe. Testing, specialist assessment and hazardous material removal are excluded unless specifically included within the quotation.
7.7 Structural Conditions
Cleopatra does not provide structural or engineering assessments. Where structural movement, deterioration or instability becomes apparent during restoration works, Cleopatra may recommend further assessment by an appropriately qualified professional before works continue.
7.8 Storage & Handling of Contents
Where Cleopatra packs, transports, stores or handles contents, reasonable care and skill will be exercised at all times. The Client acknowledges that contents previously affected by water, mould, fire, smoke or contamination may already be weakened or deteriorated. Cleopatra is not responsible for damage resulting solely from the pre-existing condition of those contents during reasonable handling.
7.9 Duty to Mitigate Further Damage
The Client agrees to take reasonable steps to minimise further damage after becoming aware of a loss event. This includes, where safe and practical:
- arranging repair of the source of damage;
- protecting unaffected areas;
- providing timely approvals;
- following reasonable recommendations made by Cleopatra; and
- notifying Cleopatra of any significant change in the property’s condition during the restoration process.
Failure to take reasonable steps to minimise further damage may affect restoration outcomes and increase restoration costs.
7.10 Pre-Existing Damage
Restoration work is frequently performed on property or contents that have already sustained significant damage before Cleopatra’s attendance. Cleopatra is not responsible for deterioration, hidden defects or failure of materials that occurs solely because of their pre-existing condition, provided reasonable care and skill has been exercised.
Further detail on this risk, including examples of how it may present, is set out in Schedule B – Property Condition & Risk Acknowledgement.
7.11 Respectful Workplace
Cleopatra is committed to providing a safe and respectful workplace for both our Clients and employees. Aggressive, abusive, threatening or discriminatory behaviour towards our personnel will not be tolerated. Where such behaviour occurs, Cleopatra may suspend or terminate the provision of services until the matter has been resolved safely and appropriately.
7.12 Salvage Decisions
Cleopatra will make reasonable recommendations as to whether materials or contents are restorable, in accordance with clause 7.4.
The final decision on replacement versus restoration remains with the property owner or insurer, subject to the terms of any applicable insurance policy.
SECTION 8 — DOCUMENT STRUCTURE & INTERPRETATION
8.1 Purpose of this Agreement
These Standard Terms & Conditions have been developed to create a clear understanding between Cleopatra Restoration Group and the Client. Our objective is to provide professional restoration services while ensuring both parties understand their responsibilities, helping projects proceed efficiently with clear communication and minimal misunderstandings.
8.2 Document Structure
These Standard Terms & Conditions should be read together with the following documents, where applicable:
- Quotation
- Scope of Works
- Approved Variations (where applicable)
- Invoice
- Schedule A – Commercial Terms Summary
- Schedule B – Property Condition & Risk Acknowledgement
- Privacy Policy (where applicable)
- Customer Information Guides (where applicable)
Together, these documents (where applicable) form the agreement between Cleopatra Restoration Group and the Client.
8.3 Communication Commitment
Cleopatra believes that successful restoration relies on communication as much as technical expertise. Throughout every project we aim to:
- explain our recommendations clearly;
- keep Clients informed of project progress;
- discuss any unexpected findings promptly;
- obtain approval for additional chargeable work wherever reasonably practicable; and
- complete works safely, professionally and efficiently.
8.4 Continuous Improvement
Cleopatra Restoration Group continually reviews and improves its systems, procedures and documentation to ensure they reflect current restoration industry practices, legislative requirements and customer feedback. Where these Standard Terms & Conditions are updated, the version forming part of the accepted quotation will continue to apply to that project.
SECTION 9 — LEGAL & COMMERCIAL PROVISIONS
9.1 Indemnity
The Client indemnifies Cleopatra against loss, damage, cost or claim arising from the Client’s breach of this Agreement, unlawful instructions, or failure to disclose a known hazard under clause 4.3, except to the extent the loss, damage, cost or claim was caused or contributed to by Cleopatra’s negligence or breach of this Agreement.
The Client also indemnifies Cleopatra, and any other person who may be sought to be made liable, against any claim of any kind made by any person to the extent that claim would result in Cleopatra’s liability exceeding the limit described in clause 6.4, except to the extent the claim arises from Cleopatra’s negligence or breach of this Agreement.
9.2 Waiver
A failure or delay by either party in exercising a right under this Agreement does not operate as a waiver of that right. A waiver is only effective if given in writing and signed by the waiving party.
9.3 Set-Off
The Client must pay all amounts owing to Cleopatra without deduction or set-off, except as required by law.
9.4 Assignment & Subcontracting
Cleopatra may subcontract or assign its rights and obligations under this Agreement, including to related entities or subcontractors, without the Client’s consent. The Client must not assign its rights or obligations under this Agreement without Cleopatra’s prior written consent.
9.5 Notices
Notices under this Agreement may be given by email, SMS or other method agreed under clause 6.9, sent to the last contact details provided. A notice is treated as received on the day it is sent, unless returned as undeliverable.
9.6 Survival
Clauses which by their nature are intended to survive completion or termination of this Agreement — including payment obligations, warranty limitations, limitation of liability, indemnity, intellectual property and dispute resolution — continue in force after completion, termination or cancellation of the works.
9.7 Jurisdiction
The parties submit to the non-exclusive jurisdiction of the courts of the Australian State or Territory in which the services were performed, in addition to any tribunal of competent jurisdiction.
9.8 Dispute Escalation & Mediation
Where a concern cannot be resolved informally under clause 6.8, either party may refer the dispute to mediation administered by a recognised Australian mediation body before commencing court proceedings, except where urgent interlocutory relief is reasonably required. Each party bears its own costs of mediation unless otherwise agreed.
OUR COMMITMENT TO YOU
Thank you for choosing Cleopatra Restoration Group. We understand that property damage can be unexpected and stressful, and we appreciate the trust you have placed in our team.
Our commitment is to provide:
- honest advice;
- transparent and clear communication;
- quality workmanship;
- industry best practice;
- respectful service; and
- practical solutions that place the Client’s interests first while protecting the long-term integrity of the property.
If you have any questions at any stage of your restoration project, please contact our team — we’re here to help.
For any privacy-related question, access/correction request, or complaint, contact:
Cleopatra Restoration Group
3/22 Industry Dr, Tweed Heads South NSW