The following constitute the terms and conditions of trade between us, the Builder, for building and/or renovation services and building products ad material, and you, the Customer.
Where a quotation has been given for work to be performed, that quotation remains valid for 20 working days. Your acceptance of our quotation/offer must be confirmed in writing prior to commencement of work. We may withdraw that quotation at any time after the 20 day period immediately following quotation. The quotation is based on costs and charges ruling at the date of quotation. Any changes in costs arising from sources beyond our control (for example, changes in prices charged by suppliers to us, or in government charges) shall be to your account.
Payment of the quoted amount must be paid upon completion of the job, unless otherwise arranged. Overdue payments shall be subject to a compound interest rate of 10% per week, and any expenses incurred by us in recovering this debt shall be added to your account.
JDR CONTRACTING will have the right to collect Progress payments, relative to the percentage of work completed if elements outside of the companies control delay progress. This percentage equation can be calculated by client and contractor.
If any dispute or difference arises in connection with work done or payments claimed by us, or any other matter pertaining to business between us and you, we or you shall refer the dispute to adjudication in terms of Part 3 of the Construction Contracts Act 2002 (CCA).
Any goods and materials supplied by us shall remain our property until paid for in full and while any money is due to us. If any money remains unpaid or you are in breach of any obligation to us, we or our agents are authorised by you to enter your premises to recover and resell any or all of those goods and materials. We may require you to facilitate registration of a Financing Statement under the Personal Property Securities Act 1999 to give us a Perfected Security in any goods supplied.
All goods and materials are at your risk while on your premises or premises under your control. Any loss arising from theft, destruction or damage from whatever cause shall be borne by you.
You shall give us access to the site and provide proper facilities for carrying out the work including use of any existing goods or passenger lifts, cranes, hoists and builder’s scaffolding. Unless specified otherwise, the contract does not include any structural or other alteration to any part of the building. Access and facilities shall be provided within a reasonable time after acceptance of this contract or at a date notified by you and agreed on by us in writing. You shall inform us of any hazards in the workplace to which we may be exposed in working on your premises.
- Time to completion
We will complete the work within a reasonable time and will endeavour to meet any target date you make known to us. Should it be necessary to work outside ordinary working hours to meet your completion target or due to any other circumstances outside our control, you shall be liable for any extra cost incurred.
- Unforeseen costs
Additional costs incurred due to unforeseen circumstances (e.g. ground conditions, unmarked services) shall be borne by the customer.
You are responsible for obtaining any consent or other authority necessary for the work, and will provide that to us on request.
We guarantee that we will remedy any defective workmanship and replace any faulty material supplied by us; that is reported to us in writing within 90 days of completion of the contract. This performance guarantee does not extend to any goods or materials supplied by you. In the case of work covered by the Consumer Guarantees Act 1993, this warranty is in addition to any rights you may have under the Act.
- Strikes, etc.
We are not liable for any delay or damage caused directly or indirectly by weather conditions, labour disputes, strikes, accidents, fire, failure of manufacturers to deliver and any other events beyond our reasonable control.
Once our quotation/offer has been accepted, no variation to the scope of work or to these terms and conditions shall be valid unless agreed in writing.
- Plans and specifications
We shall be entitled to rely on the accuracy of and shall not be obliged to check any plans, specifications and other information supplied by you. We shall bear no responsibility for any goods supplied in compliance with those plans and specifications.
- Privacy Act
You authorise us to use information collected from you and to collect information from third parties for purposes relating to performance under this agreement. Unless specified otherwise, you authorise us to take photos of the work carried out, for use in any purpose.