1. Our Obligations
We will supply the products and carry out the installation works at the site in accordance with this contract.
2. Payment
You must pay the Contract Price progressively at each stage listed in the Schedule. We will issue a written claim for each progress payment. You must pay each claim within 48 hoursof receiving it. Any other amounts payable under this contract must be paid on demand.
Quantum Meruit
If this contract is terminated or cannot be completed for any reason not solely our fault, you agree to pay us a fair and reasonable amount for all work performed, materials supplied or ordered, and costs incurred up to that point, including a reasonable allowance for overheads and profit.
3. Site Access
You must give us full access to the site during normal business hours to measure, deliver, install, and fix any defects. You must also provide water, power, toilet, and washing facilities, and take reasonable steps to secure the site and any animals.
4. Measurements & Adjustments
We will carry out a final site measure. Any minor adjustments needed to fit the site will be made, and we will notify you. Any extra work required will be treated as a variation.
5. Warranty
We warrant our workmanship and the materials we supply will be free from defects at the time of completion, in line with industry standards. This does not cover damage from misuse, normal wear and tear, or work and materials you have supplied yourself.
6. Defects
You must notify us in writing of any defect as soon as possible. If we accept responsibility, we will fix it within 28 days where reasonable. You must give us access to do so.
7. Colour & Grain Variation
Natural materials like timber and stone can vary in colour and grain. We will try to match samples, but we accept no liability for reasonable variations.
8. Surplus Materials
All surplus materials and demolished materials remain our property unless otherwise agreed.
9. Provisional Sums
You must pay the actual cost of any provisional sum items. If the actual cost is higher than the allowance, you pay the difference plus our margin.
10. Delays
We will work diligently to complete the job on time. We are not responsible for delays caused by you, such as not having the site ready, not selecting items, or not providing access. The completion date will be extended for such delays, and you will pay any extra costs we incur plus 20%.
11. Variations
Any changes to the work must be agreed in writing. If you request extra work without a fixed price, you agree to pay our actual cost plus 20% margin. You cannot unreasonably refuse a variation we reasonably require.
12. Unforeseen Issues
If we discover hidden problems on site, we will notify you. Any extra work required will be treated as a variation.
13. Your Work
If you are doing any plumbing, electrical work or supplying appliances, the site and items must be ready at least 24 hours before we start installation. All such work must be carried out by licensed tradespeople.
14. Subcontractors
We may engage subcontractors to carry out parts of the work. You must not give instructions directly to our subcontractors or workers on site.
15. Risk
The products are at your risk once delivered to the site. Any materials or work you supply remain at your risk.
16. Insurance
We maintain public liability insurance of at least $10 million. You must ensure you have appropriate insurance in place for the site and the works.
17. Entire Agreement
This contract, together with the Schedule, plans and specifications, contains the entire agreement between us and supersedes all prior discussions.
18. Contract Documents
In the event of any inconsistency, these Terms take priority, followed by the plans and specifications.
19. Late Payment
If you fail to pay any amount when due, we may charge interest at the rate payable on Supreme Court judgments in NSW. Persistent failure to pay is a serious breach of this contract.
20. Debt Recovery Costs
You must pay all costs we incur in recovering any overdue amounts, including debt collection fees, commissions and legal costs.
21. Retention of Title
Ownership of all products does not pass to you until they have been paid for in full, even after installation. We may enter the site to remove any unpaid products.
22. Charge Over Land
You charge the land on which the site is located in our favour to secure all money owing under this contract.
23. Copyright
We own the copyright in all designs, plans, drawings and specifications we create. You must not use them for any other purpose without our written consent.
24. Joint and Several Liability
If there is more than one of you, all obligations are joint and several. Notices given to any one of you are sufficient for all.
25. Suspension
If you are in breach of this contract, we may suspend the works until the breach is remedied.
26. Termination
Either party may terminate this contract if the other party commits a serious breach and fails to remedy it within 14 days of receiving written notice.
27. Effect of Termination
Upon termination, you must pay us the reasonable value of all work performed and materials supplied up to the date of termination.
28. Insolvency
Either party may immediately terminate the contract if the other becomes insolvent, bankrupt, or has a liquidator, receiver or administrator appointed.
29. Statutory Warranties
We provide all warranties required by the Home Building Act 1989 (NSW), including that the work will be carried out with due care and skill, materials will be of good quality and suitable for purpose, and the completed works will be reasonably fit for occupation.
30. GST
All prices are exclusive of GST. GST will be added to all amounts payable under this contract.
31. Compliance with Laws
We will comply with all relevant laws, codes and standards. You remain responsible for any designs or specifications you provide that contravene legal requirements.
32. Force Majeure
Neither party is liable for any delay or failure to perform due to events beyond their reasonable control, including extreme weather, supply chain disruptions or government restrictions.
33. Site Safety
You must keep the site safe and indemnify us against any loss, damage or claims arising from unsafe conditions or hazards created by you or anyone under your control.
34. Marketing Rights
We may take photographs and videos of the completed works for marketing and promotional purposes, provided we respect your privacy.
35. Non-Solicitation
You agree not to directly engage any of our employees or subcontractors for a period of 12 months after practical completion of the works.
36. Dispute Resolution
Any dispute arising out of this contract must first be referred to mediation before court proceedings may be commenced.
37. Security Interest
You grant us a security interest over the products supplied under this contract pursuant to the Personal Property Securities Act 2009 (Cth).