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Terms & Conditions

Trusteel Fabrications Pty Ltd ABN 97 005 986 970

1. DELIVERY
Any estimate of delivery time is taken from date of receipt of the Building Approval for erected units, or the date on which Trusteel are authorised to proceed for self erect units. In all cases, every effort will be taken to expedite delivery, but Trusteel will accept no responsibility for any delays that may be incurred.

2. NOTES
The building as described is a standard Trusteel design and shall be constructed as such. Structural Steel members may be joined. It is the responsibility of the owner to define boundaries and provide details / plans of all underground services as required.
Unless otherwise stated in writing prices quoted do not include:

2.1 Clearing or leveling site or removal of fences.

2.2 Removal of spoil from foundations or excavations, removal of rubbish or off cuts.

2.3.1 Foundations - if council requires additional excavation, costs incurred will be payable by client.

2.3.2 Foundations - if we strike roots, pipes, rock, concrete or other obstructions, costs incurred will be payable by client.

2.4 Repairs to underground services - the client is responsible to carry out repair works at their own cost.

2.5 Soil or other tests which council may require.

2.6 Connection of downpipes to stormwater drains or Water Tanks.

2.7 Town Planning Application Fee and / or Building Permit Application Fee

2.8 Other Permit Fees and Other Statutory Charges (which may include but is not limited to Asset Protection Permits)

2.9 Provision of Fire Computations, Storm Water Plans or Landscaping Designs.

2.10 Construction against boundary fences / or other walls or against other obstructions that hinder construction.

3. IMPORTANT

3.1 Steel framework is prime painted only, except for pre Gal. Products.

3.2 Unrestricted access to the site will be required during normal working hours.

3.3 Soil and wet concrete should be kept clear of Colorbond and Zincalume sheets.

3.4 Any Warranty on the building is void if any alterations are made without our written approval.

3.5 Trusteel shall at all reasonable times allow adequate access to the site and works, to separate contractors their assistants and workers.

3.6 Unless otherwise stated in writing, the property owner will act as “owner / builder” of the project. Contact the Victorian Building Commission on telephone number 1300 360 320 or www.buildingcommission.com.au for your rights and obligations as “owner / builder”.

3.7 Trusteel shall, upon the customer making the site available, have legal possession of the site for the purposes of carrying out its obligations under this agreement until practical completion of the works or until the customer takes possession of the works, whichever is the earlier.

4. ACCEPTANCE
The client warrants that they are the registered proprietor of the subject land and are entitled to carry out construction works on the specified site. The client will indemnify Trusteel against any claims, actions, losses or demands that may be brought by any person claiming to be the rightful owner of the site. The client is responsible to provide Trusteel with a copy of an approved building permit (where applicable) for the construction works to be undertaken.

5. RETENTION OF TITLE

5.1 Title to any goods does not pass until all sums owed by the client to Trusteel (whether under this agreement or otherwise) are paid.

5.2 Until title to any goods passes, the client agrees to keep them separately from other goods and marked to indicate that Trusteel still possesses title to them.

5.3 The client grants Trusteel an irrevocable license to enter any of their premises where such goods are stored to repossess such goods should the client be in breach of any payment terms of this agreement.

5.4 Should Trusteel repossess any goods pursuant to clause 5.3 above Trusteel may make arrangements to re-sell them in any reasonable way (including public auction) or take them back into stock in which case Trusteel will credit the client with the resale (less any costs of re-sale and repossession) or a deemed value of such resale should Trusteel decide to take them back into stock (the deemed value will be calculated on the basis that the goods would be sold as second hand, and will deduct any costs of repossession).

6. INSPECTION OF MATERIALS
The client shall inspect all materials at the time of delivery, pick up or completion of the works. No claim of any description in relation to materials, workmanship or otherwise however shall be recognised by Trusteel unless a notice setting out the nature, extent and particulars thereof is received in writing by Trusteel within 7 days of delivery-pick up or on completion. No claim for consequential damage shall be recognised.

7. STANDARD SITE REQUIREMENTS
The client is required to provide all weather vehicle access to the building site for all deliveries, concrete trucks, tradesmen’s vehicles and lifting equipment. For all constructions the client is required to prepare an all weather site, level and clear of all obstructions. As a minimum a crushed rock base or similar would suffice. Unless otherwise agreed, a 1.0m (Domestic / Rural) or minimum 3.0m (Commercial) working area around the proposed building is required.
The client or client’s representative is required to be on site to instruct Trusteel of all the relevant details in relation to the exact location and positioning of the building, the direction it should face, availability of concrete, power, water, details of any underground services and any other relevant matters. If clear and precise instructions are not given then Trusteel will not be responsible for any inconvenience, loss, damage or consequences thereof.
For all constructions, the client is to provide 240 volt single-phase power supply for construction purposes, (if generator 7KVA), access to water. For Commercial works, client is to provide a safe workplace with procedures meeting current worksafe standards. (Site inductions, First Aid Officer and kit, toilet facilities, powered lunch room, JSA sheets, secure fenced site etc). The building shall be constructed level from the highest point, (for conditions other than above or if digging out or filling in is required additional charges will apply and are payable by the client).
If the building site is not in accordance with the standard site requirements as above and Trusteel are unable to proceed with works, a walk away fee is payable by the client and is in addition to the amount charged.

8. CONCRETE WORKS
Concrete floor prices are based upon a level site and access for large concrete delivery trucks. Any filling costs or excavation costs (where applicable) are in
addition to the amount shown and are payable by the client.

9. PAYMENTS
Payments to Trusteel are to be made strictly in accordance with Payment Schedule agreed to on the Trusteel Order Form (unless otherwise agreed in writing). By signing the order and accepting the terms and conditions contained therein, the client agrees that Acceptance Deposit is payable on order, (if applicable) Part Payment is payable on or prior to delivery of kit material with Balance Payable immediately upon completion of steelwork and construction. Concrete Floor cost is payable immediately upon completion of slab. In the situation where the order does not proceed, refund of deposit may be granted less costs incurred (including but not limited to site inspection, application for permits). Deposits held in excess of 12 months may not be refunded. Please note that requests for Final Inspection by Building Surveyor will not be processed until full payment has been received in terms of the agreed Payment Schedule.

10. PERMITS
“Town Planning Application Fee” and “Building Permit Application Fee” costs relate only to the lodgment of these permits with the respective councils. As part of these applications, Trusteel undertake to draw and submit a block plan of the proposed new building from information the client supplies. We will also provide a set of structural drawings to the Building Surveyor for building approval. Any requests from the council for additional information not specific to the Trusteel building will be the clients cost and responsibility.

11. DELAYS / PRICE INCREASE
Delays of more than three months from order date, due to Permit hold ups or site preparation would result in the order being subject to price cost increases. The extra cost would be in line with BHP steel and coil cost increases and concrete supply cost increases. Trusteel Fabrications Pty Ltd will notify the client if such an increase is to occur before the building proceeds. The client has no right to withdraw from the contract due to an increase in price.

12. TERMINATION OF CONTRACT
If a client wishes to terminate a contract then Trusteel has the right to charge a cost for such a termination.

Current from 22/10/1014

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