Terms & Conditions

 

1. Scope of Work
 

  • Company will provide services as described in the attached estimation. Company will provide all services, materials, labor, tools, and equipment needed for completion of services.

 

2. Acceptance

  • The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of any Works.

 

  • These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and the Contractor.

 

  • Where the Client is a tenant (and therefore not the owner of the land and premises where the Materials are to be installed) then the Client warrants that full consent has been obtained from the owner for the Contractor to install the Materials on the owner’s land and premises. The Client acknowledges and agrees that they shall be personally liable for full payment of the Price for all works provided under this agreement and to indemnify the Contractor against any claim made by the owner of the premises (howsoever arising) in relation to the installation of the Materials and the provision of any related Works by the Contractor except where such claim has arisen because of the negligence of the Contractor when installing the Materials.

 

  • The Client agrees that they shall upon request from the Contractor provide evidence that:

  • they are the owner of the land and premises upon which the Works are be undertaken; or

  • where they are a tenant, that they have the consent of the owner for the Materials to be installed on the land and premises upon which the works are be undertaken.

3. Price and Payment
 

  • At the Contractor’s sole discretion, the Price shall be either:

  • as indicated on invoices provided by the Contractor to the Client in respect of Works performed or Materials supplied; or

  • the Contractor’s estimated quoted Price which shall be binding upon the Contractor provided that the Client shall accept the Contractor’s quotation in writing within thirty (30) days. Unless otherwise stated, quotations shall not have an allowance for:

  • unforeseen scenarios such as concrete sub-based or drainage systems; or

  • additional excavation and disposal costs.
     

  • The Contractor reserves the right to change the Price:

  • if a variation to the Materials which are to be supplied is requested; or

  • if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or

  • where additional Works are required due to the discovery of hidden or unidentifiable difficulties which are beyond the Contractor’s ability to accurately assess (including, but not limited to, poor weather conditions, limitations to accessing the site, sub-surface soil conditions (such as hard rock barriers such as limestone below the surface, tree stumps or iron reinforcing rods in concrete), obscured site defects, hidden services, additional site works requiring shoring, piling, piering, propping, under-pinning, remobilising or work site, soil stabilisation (if not included in the contract), or additional engineering required to acquire building license and/or imposed by site conditions or council requirements,) remobilisation of the work site, removal of excess soils or rubble etc) which are only discovered on commencement of the Works; or

  • in the event of increases to the Contractor in the cost of labour or materials which are beyond the Contractor’s control.
     

  • Variations will be charged for on the basis of the Contractor’s estimation, and will be detailed in writing, and shown as variations on the Contractor’s invoice. The Client shall be required to respond to any variation submitted by the Contractor within ten (10) working days. Failure to do so will entitle the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
     

  • At the Contractor’s sole discretion, a non-refundable deposit is required to secure a booking with the commencement date to be confirmed and that any such deposit paid will be deducted from the final invoice.
     

  • Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by the Contractor, which may be:

  • on completion of the Works; or

  • before the delivery of the Work; or

  • by way of progress payments in accordance with the Contractor’s specified progress payment schedule and such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed. Generally the payment plan is based on:

  • a deposit;

  • a payment to cover all the materials costs to be paid on commencement of the Works;

  • an interim payment of fifty percent (50%) of the remaining balance due halfway during construction where such construction is planned for more than five (5) days;

  • balance of outstanding amount due on completion.
     

  • failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Contractor.
     

  • Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and the Contractor.
     

  • The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute.
     

  • Estimate quote includes GST

 

4. Delivery of the Works
 

  • It is the Contractor’s responsibility to ensure that the Works start as soon as it is reasonably possible.
     

  • The Works’ commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that the Contractor claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond the Contractor’s control, including but not limited to any failure by the Client to:

  • make a selection; or

  • have the site ready for the Works; or

  • notify the Contractor that the site is ready.
     

  • At the Contractor’s sole discretion, the cost of delivery is either included in the Price.
     

  • The Contractor may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
     

  • Any time specified by the Contractor for delivery of the Works is an estimate only and the Contractor will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Works to be supplied at the time and place as was arranged between both parties. In the event that the Contractor is unable to supply the Works as agreed solely due to any action or inaction of the Client, then the Contractor shall be entitled to charge a reasonable fee for re-supplying the Works at a later time and date, and/or for storage of the Materials.
     

  • Where the Client requires the Works to be rescheduled or cancelled, the Client is required to provide the Contractor with at least forty-eight (48) hours’ notice prior to the scheduled commencement time.
     

  • The Contractor recommends that where additional work is to be performed by third parties after the completion of the Contractor’s Works, that such scheduling allows for any delays that may affect the Contractor satisfactorily completing the Works in the proposed timeframe (including, but not limited to, events as per clause 2, inclement weather, etc.).

 

 

5. Client’s Responsibilities
 

  • The Client acknowledges that;
     

  • it is their responsibility to ensure that all Materials which the Contractor is required to install are of the correct type, size, rating, standard, quality, colour and finish, and are as specified in the specifications, drawings and plans upon which the Contractor based the quotation on and therefore, the Client agrees to indemnify the Contractor against any costs incurred by the Contractor in rectifying such errors if required.

  • the Contractor is not responsible for the removal of trade waste (including, but not limited to, contaminated soil stockpiling of excess spoil) from or clean-up of the building/constructions site/s. This is the responsibility of the Client or the Client’s agent. Under no circumstances will the Contractor handle removal of asbestos product.

  • they are to inform the Contractor prior to fertiliser or weed spreading of any organic enterprises adjacent to the property of any streams, shallow aquifers or any other geological feature that could be harmed by the accidental introduction of fertiliser, herbicides or pesticides.

  • It is further agreed that the Client will supply power, temporary lighting, toilet, eating and first aid facilities if required.

 

6. Access

 

  • The Client shall ensure that the Contractor has clear and free access to the work site at all times to enable them to undertake the Works. the Contractor shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the Contractor.

 

7. Underground services
 

  • Location of underground services by a licensed service locator is mandatory prior to commencement of any works. Location must be consulted and any potential underground services marked on site. Whilst the Contractor will take all care to avoid damage to any underground services the Client agrees to indemnify the Contractor in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified. If the Client requests the Contractor to engage the service locator then this shall be in addition to the Price.

 

  • Prior to the Contractor commencing any work the Client must advise the Contractor of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
     

  • Whilst the Contractor will take all care to avoid damage to any underground services the Client agrees to indemnify the Contractor in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified.

8. Defects, Warranties and Returns
 

  • Contractor warrants all work will be performed in a good and workmanlike manner. Any warranties for parts or materials are subject to manufacturer terms on such products.

 

  • Warranty cover for retaining walls and garden block walls that fail within 2 years that are not due to fair wear and tear, any accident, or act of God.

 

  • Warranty on fencing for 2 years for failing; failing or rotting.

 

  • The Client must inspect all Materials on delivery (or the Works on completion) and must within seven (7) days of delivery notify the Contractor in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Contractor to inspect the Materials or to review the Works provided.
     

  • The Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
     

  • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Contractor makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Materials/Works. The Contractor’s liability in respect of these warranties is limited to the fullest extent permitted by law.
     

  • If the Contractor is required to replace any Materials, but is unable to do so, the Contractor may refund any money the Client has paid for the Materials.
     

  • If the Contractor is required to rectify, re-supply, or pay the cost of re-supplying the Works, but is unable to do so, then the Contractor may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.
     

  • the Client failing to follow any instructions or guidelines provided by the Contractor;

  • fair wear and tear, any accident, or act of God.

 

9. Cancellation

 

  • Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Works to the Client. The Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this clause.

 

  • The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are commenced by giving written notice to the Client. On giving such notice the Contractor shall repay to the Client any sums paid in respect of the Price, less any amounts owing by the Client to the Contractor for Works already performed. The Contractor shall not be liable for any loss or damage whatsoever arising from such cancellation.

 

  • In the event that the Client cancels the delivery of Works the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Contractor as a direct result of the cancellation (including, but not limited to, any loss of profits).

 

  • Cancellation of orders for products made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.