TERMS AND CONDITIONS
for Property Renovations
Thank you for choosing us for your property renovation project. These terms and conditions outline the rules and regulations for the provision of our renovation services. By engaging our services, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, please do not engage our services.
TERMS AND CONDITIONS
1. Definitions
- (1) Agreement means these terms and conditions, any schedule or annexure, and the Scope of Works as provided to the Client.
- (2) Building Work means building work as defined in the Building Act 2004 that requires a Licenses Person.
- (3) Client means the client.
- (4) Commencement Date means the date the Services commence.
- (5) Completion means the completion of the Renovation Services.
- (6) Completion Date means the date that completion of the Renovation Services is due to occur.
- (7) Licensed Person means a person or company holding a license as defined in the Construction Occupations (Licensing) Act 2004.
- (8) Price means the price payable for the Renovation Services.
- (9) Progress Payment Claim means a claim for payment made pursuant to the Progress Payment Schedule.
- (10) Progress Payment Schedule means the schedule of payments.
- (11) Property means the Clients real property where the Renovations Works will occur.
- (12) Renovation Services means the renovations work undertaken and completed by Xhibit, its employees and tradespersons at the Property.
- (13) Scope of Works means the scope of the Renovation Services described in the document included with this Agreement titled ‘Scope of Works’.
- (14) Xhibit means Xhibit Interiors Pty Ltd ACN 078 717 807.
2. Scope of Works
- (1) Xhibit will provide to the Client the Renovation Services as described in the Scope of Works and subject to these terms and conditions.
- (2) Any additional work requested by the Client that is not included in the Scope of Works will be charged separately, must be agreed upon in writing by both parties and be subject to Clause 4.
3. Payment
- (1) The Client agrees that they must pay the Price for the Renovation Services.
- (2) Payments of the Price will be made in accordance with the Progress Payment Schedule.
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(3) Payment must be made into the following account:
Xhibit Interiors Ltd Pty • BSB: 112908 • Account Number: 472238092 - (4) Any additional charges for variations shall be invoiced separately and dealt with pursuant to Clause 4 of this Agreement.
- (5) Late payments will incur interest at the rate of 8% per annum on the outstanding sum of the Progress Payment Claim, payable in daily increments, from the date that the payment of the Price was due and payable until it is paid in full, and without set off.
4. Variations and Cancellations
- (1) The Client may request changes to the Scope of Works, provided such changes are agreed upon in writing by both parties.
- (2) Additional charges to the Scope of Works may apply and Xhibit will invoice separately for the variation.
- (3) Xhibit may extend the period for Completion by providing written notice to the Client, this will be variation to the Completion Date.
5. Cancellations
- (1) The Client may cancel the Renovation Services by giving written notice to Xhibit before 15 business days of the Commencement Date.
- (2) If the Renovation Services are cancelled in accordance with Clause 4(4), a cancellation fee of $545.00 will apply.
- (3) If the Renovation Services are cancelled after the time frame set out in Clause 4(4), and before the Renovation Services commence, a cancellation fee of $1,090.00 will apply.
- (4) If the Renovation Services are cancelled after work has commenced, the Client will be charged for all work completed up to the date of cancellation, plus a cancellation fee of $545.00.
- (5) The Client agrees that the cancellation fees described in this clause 4 are a genuine pre-estimate of damage suffered by Xhibit.
6. Completion Timeline
- (1) Xhibit will provide an estimated timeline for completion of the Renovation Project (the Completion Date).
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(2) The timeline may be subject to change due to unforeseen circumstances, including but not limited to:
(a) Supply of materials;
(b) Supply of labour;
(c) Unforeseen events such as a pandemic, health crisis or local or national lock down; or
(d) Any other event beyond the control of Xhibit. - (3) The Client will be notified of any changes to the timeline and provided with a revised estimated Completion Date in writing.
7. Materials and Products
- (1) The Client is responsible for selecting and purchasing any materials or products required for the Renovation Services.
- (2) Xhibit may provide recommendations regarding materials or products, but does not guarantee the availability, suitability, or quality of materials or products selected by the Client.
8. Warranty
- (1) Xhibit warrants that the Renovation Services will be performed with reasonable skill and care.
- (2) Any defects or errors resulting from Xhibit’s work will be rectified within a reasonable time frame at no additional charge to the Client.
- (3) This warranty is limited to the renovation services provided by Xhibit on the Property and does not cover defects or errors caused by other contractors or third-party products.
9. Licensed Persons
- (1) The Client acknowledges that Xhibit is not a Licensed Person and all Building Work requiring the services of a licensed person will be undertaken and completed by a person or company who is licensed to undertake that particular Building Work.
- (2) If a Licensed Person is required to undertake Building Work, the Client acknowledges and agrees that that work may be charged by the Licensed Person directly.
- (3) If Building Work is not described in the Scope of Works, that work will be deemed a variation under clause 4 of this Agreement.
10. Liability
- (1) Xhibit is not liable for any damages, losses, or claims arising from the Client’s use of any materials or products selected by the Client.
- (2) Xhibit is not liable for any damages, losses, or claims arising from the Client’s failure to comply with applicable laws or regulations.
11. Insurance
- (1) Xhibit shall maintain adequate insurance coverage for its business operations.
- (2) The Client is responsible for maintaining adequate insurance coverage for the Property during completion of the Renovation Services.
12. Governing Law
- (1) This Agreement is governed by and construed in accordance with the laws of the Australian Capital Territory.
- (2) The parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.
13. Entire Agreement
- (1) These terms and conditions constitute the entire Agreement between the parties and supersede all prior agreements, understandings, and negotiations, whether written or oral, relating to the subject matter of this Agreement.
- m: 0412 481 133
- e: nicole@xhibitinteriors.com.au