Terms and Conditions
Awad Family Pty Ltd T/A Outright Property Solutions
Builders Lic: 385322c
ABN: 38638853460
STANDARD CONDITIONS OF QUOTATION AND SALE
1.1 Unless otherwise expressly agreed in writing by Outright Property Solutions, these Conditions apply to any quotation given by Outright Property Solutions and to any agreement for the supply of goods and/or the performance of work by Outright Property Solutions.
1.2 It is expressly acknowledged and agreed that any order issued by the Customer consequent upon or with reference to the attached quotation will be deemed to be an acceptance to purchase upon the terms stated on the attached quotation and these Conditions and constitutes the entire agreement between Outright Property Solutions and the Customer, and any conditions contained in the Customer’s order will not apply notwithstanding a statement to the contrary in the Customer’s order.
2. QUOTATION
2.1 Subject to clause 2.2, a quotation by Outright Property Solutions remains open for 28 days from the date stated on the attached quotation (the “Quotation”) and will lapse if the Customer fails to make an order in writing within that period.
2.2 Outright Property Solutions may immediately withdraw a quotation, prior to the expiration of 28 days or terminate this Contract without notice if a Customer does not in Outright Property Solutions opinion obtain a satisfactory credit assessment.
3. VARIATIONS
3.1 A variation must be in writing and signed by the builder and the owner.Either the owner or the builder may ask for a variation.
3.2 If the owner asks for a variation, the builder must reply in writing as soon as is reasonable.
3.3 The reply is to be either:
(a) a signed written offer to carry out the variation detailing:
(i) the work required to carry out the variation;
(ii) the price of the variation, as determined in accordance with
Clause 3.4; and
(iii) any extension of time to the building period as a result of
carrying out the variation; or
(b) a refusal to carry out the variation. The builder does not have to give any reasons for refusing to carry out a variation.
3.4 The price of the variation is to be determined by the builder and will be either:
(a) the amount quoted for the variation; or
(b) where an amount is not quoted prior to the work being carried out,
the deduction of the reasonable cost of all deletions from the building
works and the addition of the total cost of all extra work plus the
builder's margin applied to that cost.
3.5 If the owner does not give to the builder signed written acceptance of the builder's offer within 5 working days of the builder giving the reply, the
builder's offer is deemed to be withdrawn.
3.6 If the builder asks for a variation the builder must give the owner a written variation detailing the information outlined in Clause 3.3(a).
3.7 The price of a variation is due and payable at the next progress payment after it is carried out unless a different time is agreed.
3.8 The owner must not unreasonably withhold consent to any variation which is required for the building works to comply with the law or a requirement of any statutory or other authority.
3.9 The owner acknowledges that the colour and grain of timber, granite and other natural materials can vary. The builder is to use reasonable endeavours to match the colour or grain of any sample selected by the owner but is under no liability if there is a difference and such difference is not a variation.
4. PAYMENT
4.1 Any tax, including a goods and services tax or similar tax or other statutory charge which is imposed on or payable, at the election of any person, in relation to any part of or all of the Works or in respect of the supply of anything under or pursuant to this Contract (excluding income and capital gains tax) will, to the extent it is not included in the Contract Sum or any other payment due under this agreement, be added to the Contract Sum or such other payment.
4.2 All payments will be made in full and no amount may be withheld by the Customer by way of security, set-off, deduction or counterclaim.
5. COMPLETION
5.1 The Works are deemed to be complete when the Works are, in the reasonable opinion of Outright Property Solutions fit for the purpose for which they were intended as reasonably determined by Outright Property Solutions.
5.2 The times or dates quoted for commencement, installation and completion of the Works will be estimated as accurately as possible.Liquidated damages are calculated at $25 per working day after the specified period of construction.
6. WORK ON SITE
6.1 The Customer will ensure that, at no cost to Outright Property Solutions:
(a) the site is clear, free of water, clean, safe, has uninterrupted direct access for employees and sub-contractors of Outright Property Solutions, its material and plant and equipment and sufficient space for scaffolding necessary for the performance of the Contract, and suitable vehicle off-loading is possible within five meter of the Site;
(b) ensure adequate facilities and assistance (as are reasonably required by Outright Property Solutions) are provided to enable Outright Property Solutions to efficiently, comfortably and safely perform the Works;
(c) the structures to which Outright Property Solutions is to install the Works comply with Outright Property Solutions specifications set out or attached to the Quotation.
7. DEFAULT BY CUSTOMER
7.1 If the Customer defaults in the performance of any provision of the Contract or any other contract it has with Outright Property Solutions or if it commits an Act of Insolvency then Outright Property Solutions may, at its option and without prejudice to any other rights it may have under the Contract or at law:
(a) exercise its rights under clause 9 of these Conditions;
(b) suspend or cancel any existing credit facilities available to the Customer;
(c) suspend or cancel the performance of any part of or all of the Works then outstanding or outstanding under any other order or terminate the Contract; and
(d) set-off amounts owed to Outright Property Solutions by the Customer under the Contract or as a result of any losses or damages or under any other account against any moneys owing to the Customer by Outright Property Solutions.
8. DEFECTS LIABILITY PERIOD
8.1 The defects liability period is a period of 90 days commencing on and including the practical completion.
8.2 The customer may, before the end of the defect's liability period, give Outright Property Solutions one list of defects in the building works that appear after the date of practical completion.
8.3 Outright Property Solutions will rectify defects that are Outright Property Solutions responsibility and which are notified to them during the defect's liability period.
9. INSURANCE, RISK AND PROPERTY
9.1 The Works are to be insured by Outright Property Solutions.
9.2 The risk of damage to or loss or deterioration of any part of or all of the Works will pass to the Customer on the delivery of any goods comprised in the Works to the Site or on the expiry of five days from the date of notification by Outright Property Solutions to the Customer that Outright Property Solutions is ready to commence performance of the Works whichever is the earliest.
9.3 Notwithstanding that risk in part of the Works may pass to the Customer, property in and title to any part of the Works and the goods comprised in the Works will not pass to the Customer until all of the Contract Sum and all other money payable by the Customer to Outright Property Solutions has been paid in full and until then:
(a) the Customer will hold goods supplied under the Contract as bailee of Outright Property Solutions and a fiduciary relationship will exist between them; and
(b) Outright Property Solutions may enter the Customer’s premises without notice and without consent to inspect the goods and at any time take possession of any and all goods that are the property of Outright Property Solutions and if necessary dismantle the Works and any existing structure.
10. DISPUTES If a dispute arises out of or relates to the Contract, a party may not commence any Court or arbitration proceedings (except urgent interlocutory relief) under this clause 10 unless it has in good faith attempted to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques.
11. GENERAL
11.1 Outright Property Solutions retains copyright and other intellectual property rights in all material it uses for the performance of the Works.
11.2 Unless expressly included in the Contract, all descriptive specifications, drawings, dimensions and data appearing in catalogues and other literature supplied by Outright Property Solutions are approximate only and do not form part of the Contract.
11.3 The Customer warrants the accuracy, completeness and reliability of any documents or other information provided by the Customer to Outright Property Solutions relating to the Works and warrants it has a right to use any drawings or other material it has provided to Outright Property Solutions for the performance of the Works.
11.4 Any provision or clause of these Conditions which is void or unenforceable may be severed without affecting other provisions or clauses within these Conditions.
11.5 Outright Property Solutions may sub-contract its obligations under the Contract. The Customer acknowledges that no sub-contractor has authority to agree to any Variation of the Works on behalf of Outright Property Solutions.
11.6 Outright Property Solutions reserves the right to change the construction or design of any goods to be supplied under the Contract, if in its judgment it does not significantly affect the performance characteristics of those goods.
11.7 The Customer will not transfer or assign this Contract without Outright Property Solutions written consent.
11.8 The Customer warrants it complies with the relevant provisions of the Home Building Act (1996) NSW or, if applicable its equivalent in any other State or Territory of Australia.