Terms & Conditions of Sale
- The execution by Australian Shed Company or its duly authorised representative of this agreement shall be sufficient authority for Australian Shed Company to proceed with the work itemised in accordance with the terms of this agreement.
- The purchaser acknowledges having received a digital copy of this quote/contract and agrees that by signing this contract they agree to abide by all terms, conditions and specifications outlined herein.
- This agreement shall be deemed to have been made on the date of execution by Australian Shed Company or its duly authorised representative.
- No plumbing, drainage, electrical work, plastering, carpentry, earthworks or painting is included in the work to be carried out by Australian Shed Company unless specifically listed.
- These conditions do not exclude any conditions or warranties which are implied into this contract by State or Federal legislation and which may not be legally excluded.
- For the purposes of obtaining approval from the necessary authorities, the purchaser appoints Australian Shed Company his/her agent.
- Should the application for a planning or building approval be rejected by the council, Australian Shed Company will advise the purchaser.
- Unless itemised as part of the contract, compliance with any conditions imposed by the council or any other authority shall remain the sole responsibility of the purchaser.
- Should council require certification by a third-party engineer in addition to the engineering details supplied by Australian Shed Company the cost of the plans and certification shall be borne by the purchaser.
- Should the application for a building permit be rejected by the council, Australian Shed Company will refund to the purchaser any monies received as deposit, less costs incurred in obtaining engineering details, preparation and submission of the plans to council, plus administration fees and selling costs where applicable.
- Costs for engineering for existing structure(s) to be borne by the purchaser where applicable.
- Australian Shed Company shall insure against loss or damage to the full re-instatement value of work for the time being completed and for goods and materials upon the land. Such insurance shall be against all liability, loss, action, claim or proceedings whatsoever in respect of fire, explosion, earthquake, lightning, storm and tempest and civil commotion.
- The purchaser shall keep insured against fire, burglary, storm and tempest (under a householder’s normal policy for buildings and contents) all existing furnishings, fittings, art and personal effects and any other items remaining on site during the course of construction.
- Australian Shed Company shall insure against liability, loss, claim or proceedings due to personal injury or death of any person or damage to property arising out of or in connection with or in the course of the works other than that due to a negligent act or omission by the owner or of any person(s) for whom the owner may be responsible.
- Notwithstanding the forgoing should any portion of the works be occupied or be used by the owner or tenant or his or their employees, during the progress of the work without Australian Shed Company express consent, then Australian Shed Company shall not be liable for any injury to or the death of any person, or loss or damage to property or personal effects which may be occasioned by reason of such use or occupancy of such portion of the works by any such person or persons.
- Australian Shed Company will take such reasonable steps as may be required on their part to prevent damage to existing gardens, trees, lawns and the like but does not undertake to restore areas affected to original condition save for general tidiness.
- Australian Shed Company will take reasonable care to prevent damage to existing path and driveways but will not accept responsibility for any damage to those already existing.
- Any existing ceilings and/or walls affected by work covered by this contract will be repaired only by Australian Shed Company and not painted. However, if the state of the existing ceilings and/or walls is such that replacement would be the only suitable methods of repair, then the cost of this replacement shall be borne by the owner.
- In respect of any person employed by Australian Shed Company in or about the Works, Australian Shed Company shall insure against any legal liability, loss, claim or proceedings by virtue of any statute relating to Workers’ Compensation or Employers Liability at Common Law and shall take all reasonable steps to ensure that every sub-contractor shall be insured against any such liability in respect of employees of each sub-contractor.
- The first payment is 6.5% deposit if the value of the contract exceeds $7,500 otherwise 20% is required.
- Signing of this quotation the owner acknowledges execution of this contract and commencement of all necessary procedures to produce and if applicable install structure outlined in specifications attached. Deposit as outlined above is required before any commencement will occur. All payments are to be addressed to Australian Shed Company.
- Progress payments are due as outlined above and purchaser accepts these progress payments by amount and due date as conditions of sale and conditions of this contract. Australian Shed Company reserves the right to cease and/or cancel construction and/or installation stages until all due payments are received and all monies have been cleared. If cancellation occurs all expenses and costs incurred by Australian Shed Company up until cancellation shall be borne by the purchaser.
- Installation shall be payable in instalments as outlined in the installation quote/contract attached where applicable. If the final installation payment cannot be paid on completion of installation, purchaser must make full installation payment before installation commences.
- All claims in respect of defects of either a practical or contractual nature will be duly considered provided such claims are made within 14 days of practical completion in writing and accompanied by at least 90% of the balance owing. f) Any payment overdue by 14 days can be subject to 12% interest. If debt is turned over to a collection agency any incurred costs will be passed onto the purchaser.
Foundations and Concrete Works
- Unless prior arrangements have been made with Australian Shed Company to perform the works, then the purchaser agrees to provide to Australian Shed Company a flat, level, compact and clear area on which to pour footings and a slab for the shed.
- Should it appear in excavating for foundations and/or services that the site will not support the Works then this contract may be terminated by either party hereto by written notice to the owner, provided that Australian Shed Company will be paid all costs of their work incurred by them in quitting the sale.
- Where the conditions in Clause 6 (1) above, occur and should the plans or the specifications indicate the nature of the ground below the ground surface and/or the depth to which excavations will have to be made to provide footings or foundations or services then any extra work caused by conditions being other than indicated in the plans or specifications or caused by the necessity to excavate to a greater extent so indicated the Owner will pay all extra costs.
- Where the conditions in Clause 6 (1) above, occur and if the said plans and specification and/or the contract provide no indication as to the nature or the soil or as to the depth to which it may be necessary to excavate for the purpose of footings or foundations then the owner shall engage and pay all fees, for qualified consulting engineers, who shall carry out any necessary site investigation, or the like, and report their findings to Australian Shed Company. The owner shall be responsible for the accuracy and completeness of the engineer’s report and is solely liable for all extra costs of construction.
- Soil conditions such as rock, limestone, etc, which require mechanical digging equipment to excavate for suitable footings, the purchaser will pay all hire costs and extra labour costs associated with the excavation.
- Australian Shed Company agrees that they will give immediate notice to the Owner that the site is not suitable for the Works. The Owner will pay for any increased costs on account of any of the matters stated in this clause. Australian Shed Company will limit further works at increased cost to the Owner pending the consent of the Owner.
- Where access to the shed slab site is not suitable for a concrete truck, the purchaser agrees to arrange at their expense for a concrete pump to be brought to site for the duration of the concrete pour as necessary.
- The cancellation of this contract, for any reason, must be tendered in writing to the General Manager of Australian Shed Company. All expenses and costs incurred by Australian Shed Company up until the time of the cancellation shall be borne by the purchaser.
- The acceptance of any cancellation will be notified to the purchaser in writing with the balance of any deposit being refunded after the deduction of expenses and costs including administration and selling costs, engineering fees and application fees to council etc.
- Cancellation will not be accepted once practical installation is commenced.
- Australian Shed Company reserves the right to cancel this contract and structure/s outlined in this contract. Purchaser will be informed of cancellation in writing. In the event of cancellation, the purchaser will be refunded deposit received less incurred costs and expenses incurred by Australian Shed Company at the time of cancellation.
- Unless specifically included in the contract no site works whatsoever are quoted for. Any costs for site works required to support the structure shall be borne by the purchaser.
- The definition of site works generally applies to digging, levelling, retaining, earthmoving, cutting and filling, and drainage.
- In the event of the purchaser requesting a stoppage, where the installation is proceeding as per the contract, then full payment of the installation costs will be charged to the customer to cover all claims for tradesmen and contractor’s lost income.
- In the event of a claim by the purchaser for a defect or fault in the product or its installation after practical completion then Australian Shed Company will arrange for a site meeting between the purchaser, the sales consultant and Australian Shed Company manager providing Clause 5(5) of these conditions has been fulfilled.
- Australian Shed Company will endeavour at all times to commence the contract as soon as possible, however no guarantee will be given on completion dates, approximate time frames are given as a guide only and Australian Shed Company will accept no responsibility for any cost or consequential expenses incurred by the purchaser due to a delay in delivery or installation of the product.
- All sizes are nominal and subject to change during the engineering design process as needed to better suit local conditions, terrain categories, wind regions, materials span tables and engineering design parameters.
- On acceptance on this contract the purchaser accepts that there is no guarantee the construction will be waterproof. Australian Shed Company will ensure construction is water resistant as deemed by Australian Shed Company.
- All effort is made to limit defects in finish of structure, but minor defects can occur. The purchaser accepts that all effort is made to reduce defects but accepts reasonable defects in finish.
- The purchaser agrees to sign the practical completion form on completion of the shed installation and agrees that in signing the practical completion form they are accepting the finish of the shed and the completion of this contract.
- The Client shall sign and return the warranty within 10 working days of completion of work acknowledging terms of such warranty and understanding the client’s responsibilities under same warranty.
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