Standard Terms

1. Acceptance

These Standard Terms (Terms) and our quote (Quote) form a binding contractual relationship (Agreement) between You and Us. You agree to be bound by this Agreement if You: sign and return our Quote; continue to instruct Us (either orally or in writing) to perform work, whether or not You sign the Quote; pay to Us any deposit or fees for the services We are to provide in accordance with our Quote; or otherwise indicate to Us through your conduct and actions that You have accepted the terms of this Agreement. You can accept our Quote and these Terms within thirty (30) days from the date on which the Quote is issued.

2. Works

We provide a scope of services in our Quote under the heading "Works" that We consider appropriate based upon the information, documentation and instructions received from You as at the date of the Quote. The Works will be completed at the Site Address stipulated in the Schedule. If there is any inconsistency between these Terms and the Quote, the Quote will prevail to the extent of the inconsistency. You should tell Us immediately if You disagree with anything contained in our Quote. You may request Additional Works, which We will consider on a case by case basis.

3. Fees & Disbursements

Our fees for the Works will be charged in accordance with our Quote and these Terms. Unless otherwise stated in the Quote, you must pay the Fees within seven (7) days of us issuing a tax invoice. We may request a Deposit and staged payments as specified in the Quote. Interest applies to overdue invoices at the RBA Cash Rate plus 10%. This section also covers Variations, Security/Charges, Retention of Title, Prime Cost and Provisional Sums, and Evidence of capacity to pay.

4. Commencement, Access and Completion

We will commence the Works on the later of the Commencement Date, or within 10 days of receipt of any requested Deposit, all appropriate building approvals and proof of your financial capacity to pay. We will use our best endeavours to bring the Works to Practical Completion by the Date for Practical Completion. You must provide Us with a licence to access the Site Address for the duration of the Works.

5. Representations and Acknowledgements

We will perform our Works with due care and skill, act in good faith and comply with all laws. You must provide all documentation and reasonable assistance We require, ensure clear and free site access, and pay all Fees on time. We are not liable for Third Party Works unless they form part of the Works We have agreed to deliver.

6. Intellectual Property

We own all Intellectual Property rights in any report, drawings, documentation or other materials that We prepare and provide to You in the delivery of our Works. Nothing in this Agreement assigns or transfers to You any Intellectual Property rights in any Materials.

7. Limitation of Liability, Warranty & Insurances

No part of this Agreement is intended to limit any rights or remedies You may have under the Australian Consumer Law. Our maximum liability arising out of the performance or non-performance of the Works is limited to the cost of rectifying or resupplying the Works in accordance with the Quote. We will carry out the Works with reasonable care and skill, in accordance with all statutory requirements (including the Building Act 1975 and the Queensland Building and Construction Commission Act 1991). The statutory warranties in Schedule 1B of the QBCC Act form part of this Agreement. Where applicable, We maintain Workcover, QBCC Home Warranty Insurance, a Contract Works Policy and public liability insurance.

8. Indemnity

You indemnify Us against all liability, loss, damage, costs and expenses arising from your breach of this Agreement, infringement of third party rights resulting from content You provide, any act of fraud or wilful misconduct, and our reliance on any Third Party Works. The indemnity is proportionately reduced to the extent that loss was contributed to by our direct actions.

9. Term and Termination

This Agreement commences upon your acceptance of our Quote and terminates upon the later of the expiration of the Defects Liability Period, expiry of any further agreed period, or the exercise of a right of termination. Either party may terminate after notice of an unremedied substantial breach. Subject to Part 5 of the Act, You may withdraw within a 5 Business Day Cooling Off Period. Delay and extension of time claims are handled per clause 9.4, including for inclement weather, latent conditions and variations.

10. Defects Liability Period

We must make good defects or omissions in the Work carried out by Us which become apparent within 12 months of the Date of Practical Completion. You must give Us written notice and reasonable site access, and We must rectify notified defects within 28 calendar days during usual business hours.

11. Notices

Notices must be in legible writing and in English, sent by email to the designated email address or delivered to the designated physical address of the relevant party, with deemed receipt rules per the Electronic Transactions Act 1999 (Cth).

12. Disputes

A party claiming a Dispute must give a Dispute Notice, and the parties must negotiate in good faith. Unresolved disputes may be referred to a dispute resolution process administered by the Queensland Building and Construction Commission. Each party bears its own costs.

13. Personal responsibility

Each person who signs our Quote or gives Us instructions is jointly and severally liable for payment of our Fees. We may accept instructions from persons who represent they are authorised on behalf of the party named in the Quote.

14. Workplace Health and Safety

We will comply with all obligations under the Work Health and Safety Act 2011 (Qld) and WHS Regulation, accept that We are the principal contractor with management and control of the workplace, and indemnify You against claims arising from any breach by Us of those obligations.

15. Standard Provisions

Covers Assignment and Subcontracting (We may subcontract to appropriately licensed tradespersons but remain liable), Force Majeure, GST, Privacy, and Special Conditions (which prevail over these general Terms to the extent of any inconsistency).

16. General matters

These Terms may only be varied by written agreement. This Agreement contains the entire agreement between the parties. Illegal or unenforceable provisions are severed. Time is of the essence. This Agreement is governed by the law in force in Queensland, Australia.

17. Definitions

Defines Act, Business Day, Claim, Commencement Date, Construction Period, Date for Practical Completion, Days, Defects Liability Period, Excluded Items, Latent Condition, Loss, Owner, Practical Completion, Site and Schedule as used throughout these Terms.