HANDOVER: The keys for any building will not be handed over until payment is made in full (trades will return them to the sales office).
LATE PAYMENT: The Company may, if payment is not received within 7 days of invoice date, charge interest at 20% on the overdue amount and unless payment is made in full, the customer will be liable for all costs associated with recovery.
RECOVERY OF DEBT: The customer hereby consents to the company and to any person authorized by the company the right to enter upon the customer’s land to remove the structure should the customer not pay the balance of monies due upon completion of the Agreement.
PRICE INCREASE: The Company will hold this order valid and the price firm for a period of no longer that two calendar months from the date of signed Agreement unless otherwise agreed in writing. Should any increases in costs be experienced prior to approval being obtained and the customer does not take delivery prior to the expiry date the customer will pay all increases in costs.
NON PAYMENT: If the customer does not pay in full for the said goods before delivery or at time of delivery, the delivery shall be deemed to be proforma and conditional only! The customer shall then hold the goods so delivered as bailee only and shall, upon request being made by the company, redeliver such goods to the company in the same order and condition in every respect as when delivered, and the company may at its
option enter any premises whereupon such goods are located and take possession.
SHORTAGES: In the case of kit form purchases the customer shall inspect the goods immediately on delivery and shall within seven (7) days of signed Agreement give notice in writing to the company of any shortages in relation thereto. If the customer fails to give such notice, then the customer shall be deemed to have accepted the goods as being delivered in their entirety and the Agreement is finalized provided all monies under the Agreement have been paid in full.
INSURANCES: The said goods shall be delivered by the company to the customer at the address specified of signed Agreement and shall be at the risk of the company until such delivery is supplied in kit form. Once the said goods have been delivered to site the owner of the property is then responsible for the security of the said goods and is liable for any loss or damage thereto. If transport is arranged by the customer, such risk to the company shall only extend up to the time of loading of the goods and delivery shall be deemed to be taken thereupon. If building is installed, the company will hold limited construction and liability insurance until completion of the works.
DELAYED DELIVERY: The delivery date agreed to in the Agreement is subject to the availability of material, labour, industrial disputes and unseasonal weather conditions. The company will not be held liable for any delays caused by incalculable issues.
SITE ACCESS: The customer will at his expense provide, or cause to be provided full and clear access to the delivery site.
COUNCIL or APPROVAL AUTHORITY
OBTAINING FINAL INSPECTION IS THE SOLE RESPONSIBILITY OF THE CUSTOMER: This will need to be arranged when the customer has the stormwater connected in accordance with council requirements.
Time limitations will apply: generally final inspection must be carried out within 12 months from the building approval date. Any costs associated with approvals over those stated on this Agreement are to be paid for by the customer including any late or re-inspection fees.
THE CUSTOMER CAN NOT PROCEED WITH ANY WORKS WITHOUT THE COMPANY’S PERMISSION: The customer must not carry out any works pertinent to this Agreement until all approvals have been received from the relevant approval authorities and any conditions of signed Agreement have been agreed to and met by the customer. The company will take no responsibility for any premature action by the customer. This is particularly relevant when applying for boundary relaxations and the like. No assumptions regarding the approval authority’s granting of such will be tolerated.
DOWNPIPES ARE CONNECTED TO GUTTERING AND STOP AT TOP OF FLOOR ONLY: Any and all stormwater drainage from that point is the sole responsibility of the customer. Any costs associated with any drainage works required/requested by the customer are to be paid for by the
customer as a variation to the original Agreement price.
WORKMANSHIP: The Company will ensure that the work performed shall be of equal standard as presented in our display centre. All work will be performed with tradesman like manner.
TEMPORARY FENCING: For Government contracts temporary fencing shall be provided if required by the relevant Govt. agency.
STRUCTURAL WARRANTIES: The company will guarantee the structure for a period of 20 years from the date of signed Agreement that it will withstand wind loading as set out in Australian Standards code AS1170. The roof structure has not been designed for lifting heavy loads; if any loads are applied by the customer causing structural damage, all warranties will become void.
THIRD PARTIES WARRANTIES: Where the term ‘structure’ is referred to herein it means the steel structure only and does not included sheeting, trims, doors, windows, or rainwater goods. The warranties for these components are provided by the relevant manufactures and are varied and limited.
WARNING: Severe coastal conditions will reduce the life of all components by corrosion and will be excluded from all warranties.
MAINTENANCE: The customer must keep all garden beds, soils or acidic material away from metal cladding and components of the building or corrosion may occur which will reduce the life of the products and void all manufacturer’s warranties.
DEFECTS LIABILITY PERIOD: The Company agrees for a period of twelve months from the date of signed Agreement to rectify any faults or damage caused by materials or workmanship in the manufacture of the structure. The company will not be responsible for any faults or damage caused by negligence of the customer, his servants, or agents or by the customer performing any work or having performed any work on the structure.
EXTENSION OF CONSTRUCTION TIME: If the progress of work is delayed as a result of any variations to the Agreement, any industrial action or civil commotion affecting the Agreement, unavailability of material necessary to the execution of the Agreement, any delays brought about in obtaining the relevant authorized approvals exceeding 14 days from the date of this Agreement, any delays brought about by the owner or any other cause beyond the reasonable control of the company, then the company may, within a reasonable time, claim an extension in the number of calendar days equal to the period of delay.
MARKETING: the customer hereby grants the company and any person authorized by the company permission to film or photograph the building and without restraint allow its use for any promotional purposes without any recall to the company whether legal or monetary.
SITE LOCATION: It is the customer’s responsibility to accurately locate the boundary pegs of the property on which the building is to be built. If necessary the customer will re-instate the boundary survey pegs or take responsibility for the accurate siting of the building on the site. The company will take no responsibility for buildings incorrectly situated and will carry out the work as directed by the customer.
TERMINATION: should the customer or the company wish to terminate the Agreement after signing same, they must give written instructions providing 7 days notice and they must state the grounds on which termination is sought. It is at the company’s sole discretion to accept or reject the termination. Regardless, the customer will be obliged to pay all the costs expended to the date on the Agreement plus the profit margin that the company would have made on the Agreement which could exceed the money paid on the Agreement to that date.
ADDITIONAL CHARGES for most common issues
CUSTOM SLAB DESIGN: If required the foundation data must be obtained before entering into this contract. Alternatively, all concrete floors will be designed to suit “class 10 buildings” and up to Class M soil and will assume founding into natural ground. If the company is to obtain the foundation data, this must be requested in writing and all costs associated with the soil report and associated slab design be paid in addition to the standard slab design. A copy must be given to the customer upon payment of the costs incurred in obtaining the data.
HARD DIGGINGS: If when excavating the site the company discovers that if required the hire of machinery or extra labour such as Jack hammering, Rock breaking, etc. the customer will pay these extra costs in addition to the Agreement price.
HIDDEN OBSTRUCTIONS: If during construction, services are damaged requiring repair such as Telstra, Electrical, Storm water7, etc. the customer will pay the costs associated with the repair in addition to the Agreement price. It is the customer’s responsibility to advise the company of the existence of any such obstructions and to arrange (and pay any associated costs) for the location of same.
SITE PREPERATIONS: If the site is to be leveled by the customer and site is not level the costs associated with providing a level building platform including any retaining walls, the supply and placement of fill and construction of concrete piers will be paid as extra variation to the Agreement price.
APPROVAL FEES: If approval for the building can only be obtained with amendments or additional information, thus incurring additional costs as required by the local council or certifier, the customer will pay all the extra costs associated above the fees included in the original Agreement price.
SITE CLEAN UP: If the customer requires the company to remove the packaging or left over materials and any soil/rubbish associated with the works, from the site, unless noted otherwise in the Agreement the customer will pay these costs including labour and dump fees in addition to the Agreement price.