Contract Terms & Conditions

*** WORKMAN SHEDS Terms and Conditions of Sale are viewable on our website or upon request***

TERMS & CONDITIONS OF SALE

1 This quotation is valid for twenty one (21) days from the date of issue by WORKMAN SHEDS. A contract will be formed upon the Purchaser:

(i) returning a signed copy of the quotation to WORKMAN SHEDS;

(ii) raising a purchase order with WORKMAN SHEDS; or

(iii) paying the deposit to WORKMAN SHEDS, within twenty one (21) days of the quotation.

2 Notwithstanding clause 1 above, WORKMAN SHEDS shall not be required to commence work until the Purchaser has paid the deposit to WORKMAN SHEDS.

3 WORKMAN SHEDS reserve the right to re-price the quotation after engineering approval and notify the Purchaser in writing of any price variation.

4 If there are any variations required to the agreement by reason of any conditions or requirements imposed by any shire or authority, WORKMAN SHEDS shall provide the Purchaser with a written quote for any additional costs and charges to address those conditions and requirements and to complete the work in compliance with those conditions or requirements and the Purchaser shall have 14 days from receipt of that revised quote to accept or reject WORKMAN SHEDS and requirements and to complete the work in revised quote in writing. Once manufacture of Goods has commenced, no variations are permitted.

5 If the Purchaser rejects the variation to the contract detailed in WORKMAN SHEDS’s quote, the contract will be terminated and WORKMAN SHEDS shall be entitled to:

(i) keep the deposit;

(ii) charge an administration levy of $90.

(iii) if clause 11 has been invoked, WORKMAN SHEDS can invoice the Purchaser for the balance of the charges contract price set out in the quote.

6 If the Purchaser accepts the variation to the contract detailed in WORKMAN SHEDS’s quote, the contract shall be varied pursuant to the terms set out in WORKMAN SHEDS’s revised invoice.

7 If the Purchaser fails to reply to WORKMAN SHEDS’s revised quote within 14 days of receipt of the revised quote, the Purchaser is deemed to have accepted WORKMAN SHEDS’s revised quote.

8 Except for the variations to the contract contemplated in clause 4 to clause 7 above, any variation to this agreement must be made in writing and accepted by WORKMAN SHEDS, in writing, in order to be binding upon the parties hereto. WORKMAN SHEDS reserves the right to include an administration levy of $90 for each variation.

9 If the Purchaser wishes to terminate the contract for any other reason, the termination of this agreement must be made in writing and accepted by WORKMAN SHEDS, in writing, in order to be binding upon the parties hereto. Upon cancellation of this agreement any costs or expenses incurred by WORKMAN SHEDS, up to date of acceptance by WORKMAN SHEDS of such cancellation shall be paid by the Purchaser.

10 Subject to clause 11 below, WORKMAN SHEDS shall not order any materials or commence any fabrication works until the Building License has been approved.

11 The Purchaser may by notice in writing to WORKMAN SHEDS instruct WORKMAN SHEDS to order materials or commence fabrication works prior to the approval of the Building License subject to the following terms:

(i) WORKMAN SHEDS shall be entitled to invoice for the materials and fabrication works immediately upon receipt of the Purchaser’s instruction to commence works;

(ii) WORKMAN SHEDS shall be entitled to invoice for the balance of the contract price on the date that the materials are delivered to or available to be delivered to the site; and

(iii) The Purchaser shall be required to pay the above if the contract is terminated for any reason including a termination by reason of clause 5 above.

12 Unless WORKMAN SHEDS be notified in writing to the contrary prior to the Purchasers’ acceptance of this quotation, the Purchaser warrants that the building to be constructed by WORKMAN SHEDS is not intended for occupation as a place of residence or associated with the construction or reconstruction of a dwelling or strata title dwelling.

13 The Purchaser acknowledges that it is the Purchaser’s responsibility to ensure while Erecting & Maintenance are in progress the site is:

(a) Accessible (by single axle drive vehicle) to within 20 metres of the site. WORKMAN SHEDS does not accept any cost or consequential expenses to the Purchaser for damage to access paths/roads and the like.

(b) Clear and level for at least 2 metres further than each wall of the building with no obstructions within so as to make safe the site.

14 In the event that the Purchaser has not complied with these conditions, the Purchaser acknowledges that a fee may be charged for the time spent in travelling to and from the site where the work cannot be performed on the day of attendance. In addition the Purchaser may be charged for any machinery hire or extra labour required to complete the project.

15 This Quotation:

(i) is prepared SITE UNSEEN from information supplied by the Purchaser. Any additional costs associated with the delivery and erection of the product may be charged to the Purchaser.

(ii) does not include the cost of ANY site works whatsoever, nor does it include the removal of building waste from the site, which costs are to be the responsibility of the Purchaser

16 The Purchaser warrants that he/ she is entitled to build upon the site and that if in the event he/ she shall not be the sole owner of the site, he/she has complete and absolute authority to act on behalf of all the owner/s thereof.

17 If the Purchaser is or will become the owner of the site, the Purchaser grants WORKMAN SHEDS a charge over the site to secure payment of the contract price and irrevocably authorises and consents to WORKMAN SHEDS lodging a caveat in respect of the site to protect WORKMAN SHEDS’s interest herein and further agrees to pay all legal costs and fees associated with the lodgement of the caveat, and withdrawal of the caveat.

If the Purchaser is not the owner of the site, the Purchaser must procure an agreement from the owner of the site that the owner guarantees the Purchaser’s obligations for the payment of the contract price and that the owner of the site grants WORKMAN SHEDS a charge over the site to secure payment of the WORKMAN SHEDS lodging a caveat in respect of the site to protect WORKMAN SHEDS’s interest herein and further agrees to pay all legal costs and fees associated with the lodgement of the caveat, and withdrawal of the caveat.

18 While every endeavour will be made, no guarantee will be given by WORKMAN SHEDS to deliver materials or complete this contract on the day nominated (which if given, is an estimate only). No responsibility will be accepted by WORKMAN SHEDS for any costs or consequential expenses to the Purchaser arising from delays in respect of the supply and/ or erection of goods sold.

19 Payment for “Materials Only” purchases (i.e. without installation) are on a CASH ON DELIVERY/ PICKUP basis unless otherwise specified.

20 Payment for purchases which includes installation shall be made by the Purchaser to WORKMAN SHEDS on practical completion. Practical completion of the works shall be deemed to have occurred when the same are structurally complete, notwithstanding:

(i) any unfinished work of a nature which does not unduly interfere with the free and uninterrupted use of the premises by the Purchaser;

(ii) any defects (including but not limited to damage or defects in roller doors, sheeting, flashing or gutters) that do not result in a qualification in the engineer’s certificate that the work is structurally sound or that do not affect the waterproofing of the building. Defects which relate only to the appearance of the work or any other aesthetic issue will not preclude WORKMAN SHEDS from issuing an invoice for practical completion.

21 The Purchaser acknowledges that WORKMAN SHEDS shall be entitled to charge interest thereon (at the prevailing bank overdraft percentage rate per annum) as and from the date upon which the payment fell due until the payment is received by WORKMAN SHEDS. Any expenses, costs or disbursements incurred by WORKMAN SHEDS in recovering any outstanding monies including debt collection agency fees and Solicitor’s costs shall be paid by the Purchaser.

22 If there are any defects or manufacturing faults which prevent practical completion of the works, WORKMAN SHEDS shall, at WORKMAN SHEDS’s own expense, enter the site to carry out such works to rectify those defects and upon completion of the works shall provide the Purchaser with an engineer’s certificate to confirm that the building is structurally sound and that certificate shall be determinative of the fact that practical completion has been achieved. The Purchaser shall not be entitled to any other remedy or discount of the contract price for any defects or manufacturing faults in the works.

23 WORKMAN SHEDS reserve the right, at any time, prior to commencement of erection of Goods on the site nominated by the Purchaser to terminate this contract if:

(i) WORKMAN SHEDS has made a bona fide miscalculation or an error or mistake has occurred when pricing the quotation, WORKMAN SHEDS will notify the Purchaser in writing of the miscalculation, error or mistake and the Purchaser, upon receipt of such notice, shall within seven (7) calendar days, elect in writing to either accept the amended quotation or terminate the Contract. In the event of termination clause 5 will apply.

(ii) WORKMAN SHEDS may, in writing, at any time prior to delivery to site, terminate this Contract for any reason and upon such termination WORKMAN SHEDS is only liable to repay to the Purchaser any deposit monies but WORKMAN SHEDS is not liable to the Purchaser or any associated party or third party for any other penalty, loss, damage, consequential loss or otherwise arising out of such termination.

24 If WORKMAN SHEDS is required to do additional works pursuant to clause 22 and the Purchaser does not allow WORKMAN SHEDS with access to the site to carry those additional works, then WORKMAN SHEDS may issue a written notice to the Purchaser to require access and if the Purchaser does not grant WORKMAN SHEDS with access to the site within 7 days of receipt of that notice WORKMAN SHEDS shall be relieved of its obligations under clause 22 above and the Purchaser shall be deemed to accept that the practical completion has been achieved.

25 WORKMAN SHEDS remain the owner of all materials supplied until payment of the Total Contract Price in full has been made by the Purchaser notwithstanding that possession of the materials may have been given to the Purchaser. In the event of non payment of the total Contract Price by the Purchaser, WORKMAN SHEDS is authorised by the Purchaser to enter on to the site and remove the materials so delivered, whether fixed or unfixed. The Purchaser shall indemnify WORKMAN SHEDS for any cost and expense to register its security register on the PPS Register pursuant to the Personal Properties Securities Act.

26 In the event of any delay in the delivery and/or erection either within or beyond the Purchaser’s control, e.g. inaccessible/unlevel site, or due to other trades etc. the Purchaser agrees to pay on demand, the total material value as shown on the reverse hereof, therefore accepting responsibility of any materials so delivered.

27 Any claim for damaged materials or short supply of materials must be made by the Purchaser in writing within seven (7) days of pick up or delivery of the same as the case may be.

28 If any of the damaged materials have been imported from another country, WORKMAN SHEDS shall procure replacement materials from local suppliers and use its best endeavours to match the colour of the original materials. The Purchaser shall not have the right to reject the substitute materials on any grounds other than the structural worthiness of those materials. If the Purchaser wishes to object to the structural worthiness of the substitute materials, the Purchaser must at the Purchaser’s own cost provide WORKMAN SHEDS with an engineer’s certificate confirming that the substitute materials are not structurally fit for their intended purpose. The Purchaser shall not have the right to reject substitute materials merely because they have different structural qualities to the original materials or for appearance.

29 Subject to statutory obligations, WORKMAN SHEDS provides a defects liability period of 4 months from the date of practical completion of the works and otherwise warrants, to the original Purchaser only, all workmanship for the same period subject to the following conditions:

(i) the Goods must be assembled/constructed on the site warranted by the Purchaser as being fit for purpose;

(ii) the Goods must be assembled/constructed by WORKMAN SHEDS or by its authorised installer and in accordance with WORKMAN SHEDS procedures and specifications;

(iii) where the Works are not undertaken by WORKMAN SHEDS or its nominated subcontractor then only the Goods manufactured by WORKMAN SHEDS are covered by the warranty, provided WORKMAN SHEDS is notified of any defects within 30 days of the Goods being delivered;

(iv) this warranty is only valid where WORKMAN SHEDS has been paid in full for all Goods and, where applicable, all Works associated with the Goods.

30 WORKMAN SHEDS shall not be liable for, and this warranty does not cover:

(i) Injury to persons, damage to property, loss of income, profit or business, or any other indirect loss arising from or caused in any way by the defective Goods.

(ii) Any consequential loss or indirect costs including loss of production or loss of profits.

(iii) All manufactured components sourced from suppliers, although WORKMAN SHEDS will, where possible, transfer the benefit of suppliers warranties to the Purchaser.

(iv) Unauthorised modifications, alterations and/or additions or any damage caused by such unauthorised modifications and alterations.

(iv) Damage caused by any act or omission of the Purchaser or any third party, accidental or malicious damage, Natural disaster (Force Majeure), corrosion caused by adverse conditions.

31 A quotation for downpipes is to ground only and does not include sub soil rainwater disposal, connections or fittings.