GENERAL: In the interpretation of this contract, the following definitions apply: “domestic building work” has the same meaning as in the Domestic Building Contracts Act 1995. “major domestic building work” means domestic building work where the contract price exceeds $5000. “provisional sum” is an estimate of the cost of carrying out particular work (including the cost of supplying any materials needed for the work) under a domestic building contract for which the builder, after making all reasonable inquiries, cannot give a definite amount at the time the contract is entered into. “the builder” means Steelcorp Building Systems. “the client” means the person, firm or company to whom the quotation or contract is addressed “the quotation” means the quotation which is accompanied by these terms and conditions. “the works” means all the works set out in the quotation or contract and any additional works as may be required. QUOTATION: Quoted prices are based on labour and material costs to us existing at this date and any rise or fall prior to commencement of Works will be to the Client’s account. The builder reserves the right to correct any obvious errors in estimates etc., whether technical, stenographic or otherwise. PAYMENT: All payment shall be made on C.O.D basis unless agreed to in writing by the Directors of Steelcorp Building Systems. Final payment shall be on practical completion of the written contract. Without prejudice to any other remedy of Steelcorp Building Systems, Steelcorp Building Systems may charge the Client on any overdue accounts interest at the rate of 2% per week. COLLECTION FEES: Steelcorp Building Systems reserves the right to charge Client any fees we occur whilst collecting your debt. THE BUILDING SITE: The Client is required to clearly define the building site and any relevant boundaries or possible obstructions. The building site is to be unfilled soil, accessible and with a fall in the ground of not more than 100mm. Extra charges will pass onto the Client if the Site has to be leveled, excavated or cleared. As no allowance has been made for digging into rock or hard ground extra cost relating to extra time or jack hammer hire will be at the Clients expense. Extra concrete for out of level sites or for sites with fill will be the sole responsibility of the Client. Overhanging trees or any unforeseen obstructions are to be removed at the Client’s expense. PROPERTY AND RISK: Property and the goods shall pass to the purchaser only when the whole price for those goods is paid. Risk with respect to the contract (including any loss, damage or deterioration and whether to be delivered ex warehouse to the Client’s premises or in any other manner) shall pass to the Clients immediately they leave Steelcorp Building Systems. WARRANTY AND LIABILITY: Steelcorp Building Systems will repair or replace materials supplied by them within a one year warranty period from the date of the original sale and to the original purchasing consumer, should the produce be found to be defective in material or workmanship subject to the following conditions: (a) If the material has been damaged by misuse, accident, improper installation, operation, lack of maintenance or any cause beyond the control of Steelcorp Building Systems, the warranty becomes null and void. (b) Steelcorp Building Systems will not be responsible for any cost in connection with freight, postage or for the expenditure necessary to replace the material in position and/or reassemble. (c) Same as aforesaid Steelcorp Building Systems shall in no circumstances be liable for any loss or damage consequential or any other kind whatsoever caused directly or indirectly by a defect in material or workmanship or any defect in our unsuitability of the goods or services supplied by any negligence at Steelcorp Building Systems or any servant, contractor, agent of Steelcorp Building Systems which arises on or after the expiration of 7 days from the date of delivery or once the materials have been installed or otherwise they shall be deemed to have been complete unqualified acceptance of the goods. Steelcorp Building Systems will not admit any liability whatsoever which would exceed the cost of replacement of the subject materials and shall not in any event be liable for any contingent or indirect special or punitive damage arising in any way whatsoever in relation thereto and the Client acknowledges that this is an express condition and limitation of liability and agrees to limit any claim accordingly. No other term, condition, warranty, representation, agreement or understanding of any nature whatsoever express or implied in any way extending to or otherwise relating to or binding on Steelcorp Building Systems in relation to such sale other than these terms. (d) No person acting without the express written authority of a director is authorized or permitted to give or make on their supply at variance with the contract terms. (e) Steelcorp Building Systems does not make any promise other than that contained in its warranties at any part or repair facilities in respect of the materials will be available at any time or at any specific location. (f) The claim for warranty must be accompanied by a complete warranty reimbursement form plus original invoice or contract to confirm date and place of purchase. (g) The materials supplied under this contract shall be subject to the manufacturer’s specification for variation in tolerance, quality, finish and colour and the manufacturer’s own warranty and any liability for the materials is by and at the option of Steelcorp Building Systems. INSTALLATION: The quoted amounts for delivery or installation services are based on normal and standard conditions. The Client is responsible for providing, if necessary, the use of a crane or if not available within 20 metres of the building site, power and the site amenities as required by the installers tor satisfactory construction set out in the contract. All unforeseen pipes underground including removing, repairing and/or replacing of same will be the customer’s sole responsibility, not Steelcorp Building Systems. When Colorbond is ordered Steelcorp Building Systems reserves the right to use touch up paint to repair any small marks or scratches on Colorbond should any such marks or scratches be sustained whilst the Colorbond is in transit. Every endeavor by Steelcorp Building Systems will be maintained to avoid such damage occurring. Any excess from footings will remain on site. VARIATION FROM CONTRACT: If the Client should require Steelcorp Building Systems to perform additional work to the work set out in the contract or if any additional work is required by a government, semi-government or statutory authority the variation of the works in the original shall be treated as a new order for pricing in relation to both the price and all relevant extras and the Client shall agree to pay on presentation of Steelcorp Building Systems invoice the value of any price difference arising as a result of such variation, the materials to be charged at the rate of cost plus 25% and the labour together with any other costs as defined under the cancellation paragraph. OWNERSHIP: The ownership of the material to be delivered by Steelcorp Building Systems and the ownership of the building when erected will pass to the Client only when the Client has paid all that is payable to Steelcorp Building Systems under this contract. All unused materials remain the property of Steelcorp Building Systems. Until Steelcorp Building Systems is paid in full the Client shall, if required by Steelcorp Building Systems label or otherwise designate the materials and building as Steelcorp Building Systems property in full. Steelcorp Building Systems is hereby authorized by the Client upon giving reasonable advance notice to the Client to enter on the land occupied by the Client between 7.00am and 7.00pm and to remove the materials and/or the erected building. The Client hereby agrees not to take possession of the building or store any goods, fitting, fixtures etc. within the building until payment is made in full. The keys will only be handed to the Client upon payment for all the work set out in the contract, in full. CANCELLATION: Should the contract be cancelled, deferred or disrupted at any time by the Client before delivery of the materials ordered by the Client, the Client agrees to accept delivery of the finished materials held by Steelcorp Building Systems. The Client agrees to pay the cost of any manufactured or partly manufactured or any specially purchased materials and any costs incurred as a result of the contract. In the event of a contract being canceled all deposits paid are non-refundable. CREDIT RETURNS: No credit will be accepted unless a credit return number is issued from Steelcorp Building Systems. This number is to be quoted on all documents relating to this return. You will be asked for all relevant details, e.g. invoice No., date, reason for return. Freight will be deducted both ways. 10% restocking fee will apply on all returns. This method, if adhered to, will ensure all credit returns and warranties will be processed quickly and can be referred back to at any time. INSURANCE: Steelcorp Building Systems shall not be under any liability to the Client for loss or damage occasioned by its workers, servants, or agents, for any latent defects with any Works associated with the contract. The Client is responsible for all public risk once the goods are outside our warehouse. SERVICES: The purchaser warrants that goods supplied by Steelcorp Building Systems will not: infringe the copyright, design, trademarks or other rights whatsoever of any third party; contravene any law for the time being in force. WAIVER: Failure by Steelcorp Building Systems to enforce any of the contract terms shall not be construed as a waiver of any by Steelcorp Building Systems rights hereunder or a waiver of a continuing breach. GOVERNING LAW: This Contract shall be governed by and construed in accordance with the laws in force in Australia and the purchaser submits to the jurisdiction of the courts in Australia. ADDITIONAL TERMS AND CONDITIONS OF ORDER AND CONTRACT FOR MAJOR DOMESTIC BUILDING WORKS: If the works to be carried out by Steelcorp Building Systems under this contract are major domestic building works within the meaning of the Domestic Building Contracts Act 1995, the following clauses apply in addition to the clauses above. CONTRACT DOCUMENTS: This contract incorporates the plans and specifications for the works, details of which are set out on the front hereof. CONTRACT PRICE: The contract price is as set out on the front hereof. It is to be paid in the installments set out on the front hereof. The contract price is not fixed. It may be altered as a result of; -Additional costs caused by any deficiency or conflict within the contract documents; -Additional building permit fees -Variations including those required by the council/registered building surveyor -The cost of providing access where applicable -Interest on overdue payments -The actual cost of the work for which provisional sums have been specified exceeding the estimates set out in the contract. WARRANTIES: (a) The builder warrants that the works will be carried out in a proper and workmanlike manner in accordance with the plans and specifications set out in the contract (b) The builder warrants that all materials to be supplied by the builder for use in the works will be good and suitable for the purpose for which they are used and that unless otherwise stated in the contract, those materials will be new. (c) The builder warrants that the works will be carried out in accordance with, and will comply with, all laws and legal requirements including, without limiting the generality of this warranty, the Building Act 1993 and the regulations made under that Act. (d) The builder warrants that the works will be carried out with reasonable care and skill and will be completed by the date (or within the period) specified by the contract. If the contract states the particular purpose for which the works are required, or the result which the client wishes the works to achieve, so as to show that the client relies on the builders skill and judgment, the builder warrants that the works and any material used in carrying out the works will be reasonably fit for that purpose or will be of such a nature and quality that they might reasonably be expected to achieve that result. COOLING OFF PERIOD: (1) The client may withdraw from a major domestic building contract at any time before the expiration of 5 clear business days after the client received a copy of the signed contract. (2) To do this, the client must within that time- (a) give the builder; or (b) leave at the address shown as the builders address in the contract; a written notice signed by the client that states that the client withdraws from the contract. (3) If the client withdraws from the contract- (a) the builder may retain out of any money already paid to the builder $100 plus the cost of any other out-of-pocket expenses the builder incurred before the withdrawal; and (b) the builder must refund all other money paid to it under the contract by (or on behalf of) the client on or since the time the contract was made; and (c) the client is not liable to the builder in any other way for withdrawing from the contract. (4) The client cannot withdraw from the contract if – (a) the client and the builder have previously entered into a major domestic building contract that is in substantially the same terms for the carrying out of work in relation to the same home or land; or (b) the client received independent advice from a current legal practitioner concerning the contract before entering into the contract.