- “The Contractor” shall mean Toby Gunn-Jones for the purpose of these terms.
- “The Client” shall mean the Person/s and/or organisation, named in the written quote for the purpose of these terms.
- These terms are the terms that “The Contractor” conducts their business and are the terms that “The Contractor” and “The Client” are bound to.
- Any instructions given by “The Client” to Supply any goods and services, or “The Client” accepting a quote shall constitute acceptance of these terms by “The Client”.
- “The Client” agrees that all work to be carried out and the price for the work has been provided to them in a written quote and any additional work will incur additional costs at the sole discretion of “The Contractor”.
- “The Contractor” agrees to provide a written variation agreement outlining any additional work required and the associated costs for that work to “The Client” prior to commencing the work.
- “The Contractor” reserves the right to refuse to carry out any additional work that is not included in the original written quote and will not be liable for any loss or damages however caused by doing so.
- “The Client” agrees to provide clear and free access to the work area to allow “The Contractor” to carry out the work included in the quote. Failing to provide clear and free access to the work area may result in additional charges at the sole discretion of “The Contractor”.
- “The Contractor” reserves the right to refuse to enter a work area if it is deemed unsafe, or for any other reason that impacts the ability of “The Contractor” to carry out the work.
- “The Contractor” agrees to carry out the work with due care and skill within a reasonable time. All products and materials will be new and of acceptable quality.
- “The Client” agrees that “The Contractor” will not be held liable for any loss or damages however caused by any delay/s that are outside their reasonable control
- “The Contractor” reserves the right to request a deposit or progress payment/s by issuing a written invoice. “The Client” agrees to make payment upon receiving the written invoice.
- “The Client” agrees that payment for the work is to be paid on the date of completion or no later than the next business day, Time is of the essence.
- The definition of completion is defined in the Home Building Act NSW 1989 as below.
The completion of residential building work occurs on
" practical completion" of the work, which is when the work is completed except for any omissions or defects
that do not prevent the work from being reasonably capable of being used for its intended purpose.