Terms & Conditions for Crampton And Smith Builders Limited

Subject to receiving sufficient access as set out below, we will commence the Work on the Start Date, and complete the Work by theCompletion Date, in each case subject to any extensions of time to which it is entitled under clauses 4.2 and 4.3. If it is necessary to work outside ordinary working hours to meet your completion target or due to any other circumstances outside our control, you will be liable for any extra cost incurred.

We shall not be liable for any delay in carrying out the Work due directly or indirectly to circumstances reasonably outside our control, including disputes with subcontractors, bad weather, force majeure, accidents, fire, shortage of labour and/or materials, labour disputes, variations, failure of suppliers to deliver, or acts of any government, territorial authority or similar body.

If an extension of time is required to the Completion Date due to any of the above reasons or any other reason beyond our reasonable control, we shall provide written notice to you of any such extension reasonably promptly after the delay becomes apparent, together with details of the new Completion Date.

You are responsible for paying our costs for initial drawings you engage us to prepare, notwithstanding that your proposed work does not proceed or you do not engage us to undertake that work.

You are responsible for paying our costs for initial drawings you engage us to prepare, notwithstanding that your proposed work does not proceed or you do not engage us to undertake that work.

You are responsible for ensuring that you have sufficient legal entitlement to the Site to allow the Work to be carried out, for surveying the Site and advising us of boundaries and the specific location of underground utilities.

You shall advise us of any particular hazards relating to the Site, and take all practicable steps to ensure your own safety throughout the Work and cooperate fully in implementing our health and safety and environmental policies and procedures and obligations under the relevant health and safety legislation.

If any materials, plant, and equipment required for the Work expressed to be ‘client supplied’ or ‘owner supplied’, you are responsible for ensuring that such materials comply with the Building Code and are fit for purpose, and all plant and equipment complies with all health and safety legislation, codes and requirements, and shall sign a declaration and indemnity in a form required by us to this effect. For the avoidance of doubt, any owner-supplied materials which are faulty shall not constitute a defect in the Work under clause 3.2.

You are responsible for obtaining all necessary consents for the Work(including for any Variations) and for obtaining a code compliance certificate (if required) when the Work is complete. To enable us to comply with our obligations above, we may require that you provide a copy of all necessary consents before commencing the Work or any Variation. Where a consent is required and you have failed to obtain it, we may lodge an application for the consent as your agent and at your expense.

We are entitled to rely on the accuracy of and shall not be obliged to check any plans, specifications or other information supplied by you.

We will issue progress payment invoices on a regular basis, or if not otherwise stated in our quotation or short form agreement at the completion of a stage (for staged works) or monthly otherwise. Invoices are payable in full within 7 days of the date of the invoice for Work in respect of your own residential home, or within 10 days of the date of the invoice otherwise. If the invoice is or is accompanied by a payment claim under the ConstructionContracts Act 2002, any payment schedule under that Act must be provided by the due date of the invoice.

If our quotation or short form agreement provides for invoices to be submitted on certain milestones as set out in the quotation or short form agreement, and the Work is delayed or suspended for any reason outside our control, we may issue an invoice at the time a relevant milestone would otherwise have been achieved.

Any amount which is not paid within due will incur interest at the rate of 15% compounding monthly on the outstanding balance(both before or after any judgement, and in addition to any other rights and remedies). We also reserve the right to claim the costs of recovering any debt.

Any deposit paid shall be held by us and applied towards payment of the final invoice. If the final invoice is less than the deposit, we will refund the balance to you on issuing the final invoice. If our quotation or short form agreement provides for a deposit, and the deposit is not paid in full on the due date of the invoice for the deposit, we may at our option and without further notice suspend and/or cancel the contract for the Work, without prejudice to any other rights and remedies.

You may request variations to the Work, but may not (unless otherwise agreed in writing) request a Variation omitting or reducing the Work to be performed. With the exception of theVariations set out in clause 9.2, all variations must be in writing and contain the following:
(a)  A description of the work required under the Variation;
‍(b)  Any required amendments to the consents as issued or any additional approvals, consents or licences that will be required;
‍(c)  Any agreed adjustment to the Contract Price and/or theCompletion Date for the Work.

We are entitled to claim a Variation for:
‍(a) any emergency works required for health and safety or environmental reasons;
‍(b)  additional work and/or changes to the Work caused by anyconsent requirements;
‍(c)  unforeseen physical conditions, substitutions of any materials, wages and price changes;
or
‍(d)  any increase in costs arising from a failure or delay on your part in complying with these terms.

No allowances have been made in the Contract Price for the handling of hazardous substances (including asbestos), and we are also entitled to claim a Variation for any such costs.

We may sublet the whole or any portion of the Work, and will be responsible for the work of our subcontractors.

We may sublet the whole or any portion of the Work, and will be responsible for the work of our subcontractors.

We hold public liability insurance up to $5,000,000.00 against liability for loss or damage to any property, or injury or death or illness which arises from carrying out the Work.

You acknowledge that:
‍(a)  the legal, equitable and beneficial ownership and title to any plant, equipment or materials brought onto the Site by us remains vested in us at all times;
‍(b)  title in all materials supplied as part of the Work, including initial drawings, remain vested in us until all amounts owing to us have been paid in full.

To secure such obligations, for the purposes of the Personal PropertySecurities Act 1999 (PPSA), you agree that a security interest is granted in the property described in clause 12.1 (and all proceeds of that property). We may apply all payments in such manner as is desirable to preserve any purchase money security interest in that property. Nothing in section 116, 120(2), 121, 125 to 127, 129, 131,133 and 134 of the PPSA applies to the security interest, and you waive the right to receive a verification statement in respect of any security interest.

You agree that we have the right to erect signage on the Site advertising ourselves during the period of the Work.

Without prejudice to any of our other rights or remedies, we may suspend the Work by notice if you default in any of your obligation sunder these terms, including failing or refusing to pay any invoiced amount in full by the due date for its payment.

We may terminate our obligations under these terms if at any time:
(a)  you become bankrupt, have a liquidator, receiver or statutory manager appointed, or
(b)  default in your obligations under these terms and do not remedy that default within 5 working days of receiving a notice requiring remedy.

If the Work is to be carried out for the purposes of a business, then to the maximum extent permitted by the law, all guarantees, warranties, rights, or remedies implied by the Consumer Guarantees Act 1993, theFair Trading Act 1986 and other guarantees, warranties, or provisions that would otherwise be implied by statute or rule of law are expressly excluded.

All notices are to be in writing and hand delivered or sent by post or email to the addresses set out in the Quote. Our address for service and postal address is the physical address set out in the Quote.

A notice is deemed to be received:
‍(a)  if personally delivered, when delivered; or
‍(b)  if posted, 5 Working Days after posting; or
‍(c)  if sent by email, when the email leaves the sender’s communications system, provided that the sender:
‍(i) does not receive any error message relating to the sending of the email; or
(ii) receives confirmation that the email was delivered (which may include an automated delivery receipt from the recipient’s communications system).

Despite clause 16.2, any notice received after 5pm, or received on a day that is not a Working Day, is deemed not to have been received until 9am on the next Working Day.

If there is any dispute relating to these terms or the Work, the party raising the dispute must give the other party written notice specifying particulars of the dispute. If negotiations between the parties do not resolve the dispute, either party shall refer a dispute to adjudication under the Construction Contracts Act 2002 for settlement through its Disputes Procedure.

In these terms:
‍Client and you means the person(s) stated as the Client(s) in theQuote.
‍Completion Date means the expected date on which we reasonably believe the Work will be completed, subject to extensions of time, as stated in the quotation or our short form agreement.
‍Contract Price means the price for the Work calculated in accordance with the quotation or our short form agreement and subject to any adjustments provided for in these terms.
‍Including does not imply limitation.
‍Short form agreement means the agreement provided by us to you describing the scope of the Work and which both parties signed.
‍Site means the site address at which the Work is to be carried out, as stated in the quotation or our short form agreement.
‍Supplier and we means Crampton Smith Builders Limited.
‍Start Date means the expected start date at which we reasonably believes physical work will commence on Site, as stated in our quotation or short form agreement.
‍Variation means a variation to the Works under section 9.
‍Work means the construction work stated in the quotation or short form agreement (subject to consents and Variations) at the Site.
‍‍Working Day has the meaning given in the Construction Contracts Act2002.