Quote Terms and Conditions

Authentic Stone Restorations PTY LTD ABN 84127597013. Terms and Conditions.

This Quotation is subject to the conditions hereunder and overleaf (unless expressly waived by the Builder in writing) shall apply to any contract resulting from acceptance of this Quotation and shall override all inconsistent provisions in tender documents specifications, orders, acceptances, contracts and agreements and which shall be expressly embodied in or shall be deemed to be embodied in all contracts or agreements (formal or informal) expressed or implied made pursuant hereto.

1. INTERPRETATION. “Builder” refers to Authentic Stone Restorations Pty Ltd ABN 84127597013, builders licence number BLD 208260. “Client” means the person listed as ‘the Client’ within this Quotation and any representatives, successors and permitted assigns, agents, employees, servants and officers. “Standard Conditions” means the terms and conditions of Quotation set out hereunder and overleaf. “The Contract” means the agreement between the Builder and the Client upon the terms and conditions set out in this Quotation, which comes into existence upon the Client accepting this Quotation. “The Works” refers to the goods and services specified in this Quotation, which the Builder is to supply and/or install for the Client (excluding any works not included therein and the items listed as exclusions). “The Contract Sum” refers to the amount stipulated in this Quotation for which the Builder has agreed to perform the works or has agreed to arrange for the works to be performed. “The Site” means the land or place at which the works are to be performed.\
2. The laws of the State of South Australia and/or Commonwealth of Australia including the Building and Construction Industry Security of Payments Act 2009 (SA) shall apply to any Contract resulting from this Quotation and legal proceedings arising shall be heard and determined in the State of South Australia.
3. CURRENCY OF QUOTATION. This Quotation is current only for the period of thirty (30) days or as specified in this Quotation and prior to acceptance by the Client the Builder may withdraw or vary or extend the Quotation at any time.
4. ACCEPTANCE. The Client may accept this Quotation by forwarding written acceptance during the time that this Quotation is current, which written acceptance must be received by the Builder prior to the expiry of this Quotation. Upon receipt of such written acceptance by the Builder, a contract shall come into existence between the Builder and the Client subject to the conditions of this Quotation. If the terms of the acceptance are inconsistent with the conditions of this Quotation then the acceptance shall constitute a counter-offer and shall not be binding on the Builder unless the Builder expressly accepts the same in writing.
5. COMMENCEMENT. Where estimated commencement and completion dates are quoted and agreed commencement of the works is subject to the availability of full information from the Client, materials from suppliers and access to site to enable the Works to proceed. Dates are given in good faith and are estimated according to the present conditions and circumstances in the control of or in the best information available to the Builder. The Builder does not accept liability for any penalties or damage (either direct or indirect) for failure to commence or complete the works in the estimated time unless specifically accepted by the Builder in this Quotation.
6. ACCESS. The Client shall on or before commencement of the works give the Builder free and unrestricted access to the site to enable it to commence and proceed with the works, including authorising the Builder to refuse people entry or to remove unauthorised persons from the Site. Work will be conducted at the Builder’s discretion between 7am and 5pm Monday – Friday. Any work conducted outside of these hours will only be at the request of the Client and agreement of the Builder and will be treated as a variation. Failure by the Client to provide access and or prevention of undertaking work under this contract makes the Client liable for reasonable costs associated with any resulting delay, including but not limited to de-establishment and re-establishment costs.
7. PRICE: The Contract Sum will either comprise the lump sum price estimate (price is subject to change) or the charge up rate for works actually performed (as expressed in the Quotation) or a combination of both. Work performed under charge up rates is payable at the rate expressed in the Quotation for hours of labour provided, plus the actual cost of materials used and an additional percentage/fee of 10%.
8. VARIATION. The Client may only by notice in writing vary the Works and such variation shall not vitiate the contract but the Builder shall be entitled to claim payment and an extension of time for such variation as agreed between the parties. If the payment for such variation is not agreed prior to commencement, the price of the extra work shall be the actual cost to the Builder (including but not limited to materials, labour at the charge up rate of $70 per hour and GST) together with an additional percentage of 15% of the actual cost.
9. EXCLUSIONS: The items listed in the Quotation as exclusions, painting, restoration of wood frames, roofs and gutters, render and or veranda floor are not included in the Works unless specified in the Quotation or agreed to between the parties in writing. If any of the above excluded works are requested by the Client, such work will be treated as a variation.  
10. FACILITIES. Unless otherwise stipulated, the Client shall provide all facilities required by the Builder for the execution of the works, including but without limiting the generally thereof accommodation for starting and protecting goods materials and plant, free use of water, electricity and sanitary facilities and such other facilities as may be reasonably required by the Builder. The power supply must include a working safety switch. Portable toilets, mini-bins and trailers may be on the Site for the duration of the Works.
11. /LATENT CONDITIONS. In the event that the Builder encounters tolerances in the building structures and components, or any other factor which is not in accordance with Australian Standards and/or industry standards, or latent conditions not reasonably obvious at the time of Quotation, the agreed cost to overcome these conditions will be added to the contract sum and payable by the Client as a variation.
12. DAMAGE TO SITE. Works may require control and use of adjoining areas of the site, including large areas of lawn. The Builder will take reasonable steps to minimise any damage to such areas, but some damage may be unavoidable as a consequence of the Works (for example through traffic, friction, paint stripping processes and steam cleaning).The Client acknowledges that they have been notified of the potential risks associated with the works and accept such risks, including but not limited to the items listed in the attached ‘Notice of Construction Issues’. The Builder will not accept liability in respect to any damage to the Client’s property (except in respect to gross negligence or wilful damage), and the Client provides the Builder with a corresponding indemnity.
13. 30-YEAR GUARANTEE. The 30 Year Guarantee provided by the Builder is limited to the occurrence of further rising damp, if rising damp treatments (such as chemical injection and undersetting) have been performed by the Builder. The Builders 30 year Guarantee will not be valid until full payment for the work has been received.    

• 13.1.  Subject to the conditions of Guarantee set out in Clause 13.2 below the Builder warrants that if any defect in the treatment of rising damp provided becomes apparent and is notified to the Builder then the Builder will either (at their absolute sole discretion) repair the defect or redo the rising damp treatment or refund money that has been paid for the treatment to date.
• 13.2.  The conditions applicable to the Guarantee given by clause 13.1 are
• 13.2.1 The guarantee shall not cover any defect or damage which may be caused or partly caused by or arise through failure on the part of the client to follow any instructions or specifications provided by the Builder or manufacturer of products used relating to: repointing, brick work, stonework, plastering or associated work.
• 13.2.2  In respect of all claims the Builder shall not be liable to compensate the client for any delay in either replacing or repairing the workmanship or in properly assessing the clients claim.
• 13.2.3 The Builder shall not be liable of failure by the owner to maintain the home in a good dry and weather proof condition.
• 13.2.4 The Builder shall not be liable for future damp issues resulting from guttering or drainage.
• 13.2.5 The Builder shall not be liable where damage to the damp proof course is caused from additional works, structural works or negligence.
• 13.3.    The guarantee is only applicable for areas treated for salt damp accordingly to the Builders quotation and the Builder cannot be held liable for damp issues that occur in other areas not treated by the Builder. No guarantee will be given for cavity walls where only one side is treated or solid walls that are partially treated through the undersetting or masonry replacement process.

14. WORKERS. The Builder may use employers or subcontractors to carry out the works at their absolute discretion.
15. APPROVAL BY RELEVANT AUTHORITIES. The Client shall give all necessary applications and notices and pay all necessary fees and will comply with all provisions and requirements statutory or otherwise relevant to the Works. Any extra work required or costs incurred to comply with Acts, By-Laws and/or Regulations will be treated as a variation.
16. DESIGN RESPONSIBILITY. If the Client or his agent supplies the design plans and specifications for the works, to the extent permitted by law the Builder takes no responsibility whatsoever and shall not be liable for any loss or damage resulting from any defects in the design plans and specifications or the compliance or otherwise with Australian Standards where applicable.
17. EXTENSION OF TIME. The Builder shall be entitled to claim and be allowed a reasonable extension of time in respect of any delay to the completion of the works not caused by or attributable to any act or default of the Builder or any employees or agents of the Builder that the Builder could have foreseen at the time the Contract was made.
18. PROTECTION OF WORK. The Client shall ensure that all unfixed materials on the site or such other part of the works that may be carried out by the Builder from time to time shall be protected from damage caused by any person not being an employee or agent of the Builder and shall be responsible for any damage caused by such persons.
19. DELAY COSTS. Should the Works be delayed by the Client or by any other reason not being caused by an employee or agent of the Builder after the commencement of the works, the Client shall reimburse or make good any loss or damage sustained by the Builder in respect of additional expenses incurred by the Builder.
20. SERVICES PROVISION OR ALTERATION. Unless otherwise stated the Quotation does not allow for installation , connection of or alteration to any utilities or services including but not limited to Electrical, Data, Telephone, Air-conditioning, Sprinklers, Fire Detection and Protection, Security, Water and Sewerage.
21. MATERIAL COSTS: Where the cost of the supply of materials required for the Works increases from the date of the quote, the Client will pay to the Builder an amount equivalent to that price increase as a variation.
22. GOODS & SERVICES TAX (GST). Unless otherwise stated no allowance has been made in the contract sum for GST, which may be payable and, if payable by law the additional costs for GST shall be added to the Contract Sum and be payable by the Client.
23. COPYRIGHT. The copyright in all drawings and data prepared and compiled by the Builder shall remain in the Builder and the Client shall not have right or licence to use such drawings or data without the express written consent of the Builder.
24. TERMS OF PAYMENT.

1. A deposit of up to 5% is payable in respect to the Contract Sum.
2. The Contract Sum is an estimate only and is subject to change by variation.
3. Client shall pay to the Builder the Contract Sum that will be invoiced progressively by the Builder for the portion of works completed and the materials paid for by the Builder for the Works by way of progress claims at weekly intervals.
4. Each invoice issued by the Builder is to be paid by the Client within five working days from the date of the invoice.
5. Deduction for retention, security or other conditions will not be accepted by the Builder unless specifically nominated by the Builder in the Quotation.
6. If after the issue of an invoice to the Client any money payable to the Builder is unpaid at the expiry of fourteen (14) days after the period prescribed therefore the Builder shall then be entitled to payment of interest on the amount due at the rate of ten (10) percent per annum, calculated from the date on which payment became due.

25. TITLE. The parties agree that the ownership of the goods and materials delivered by the Builder to the Client and whether installed by the Builder or not is only transferred to the Client when it has paid all sums due and owing to the Builder whether under this or any other contract. This comprises a security interest pursuant to the Personal Property Security Act 2009 (Cth), to which the Client will take reasonable steps to assist the corresponding registration, perfection and enforcement of that security interest. The Client must not allow any encumbrance over the whole or part of the Builder’s rights in respect to the Client under the Contract. Notwithstanding the previous provisions, the goods and materials, which form part of the Works, shall be at the Client’s risk from the time when they are delivered to the Site.
26. TERMINATION. Either party may terminate the Contract by written notice if the other breaches a material obligation of this Contract and does not remedy the breach within 14 days after the other party requests remedy in writing or immediately if the other becomes insolvent within the meaning of the Corporations Act 2001 (Cth) or bankrupt within the meaning of the Bankruptcy Act 1966 (Cth). Termination of the Agreement under this clause will not affect any rights or obligations accrued or intended to survive termination, and will not constitute a waiver of any claims. For the sake of clarity, if this Contract is terminated or cancelled, the Client must pay the Builder for the proportion and value of the Works completed and where the Builder is not in breach of the Contract, an additional amount to the value of 15% of the balance of the Contract Sum.
27. LIMITATION OF LIABILITY.  In the event that the Client suffers any loss or damage as a result of the conduct of the Builder, the Builder’s obligations shall be limited to (so far as permitted by law) compensation to the value of 10% of the Contract Sum.
28. INSURANCE. The Builder and Client will hold insurances as required by law for the duration of the Works. The Owner takes responsibility for the Works from the time of practical completion (the point at which the works are substantially complete).
29. INDEMNIFICATION. The Client is liable for and indemnifies the Builder in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment which the Builder suffers, incurs or is liable for as a result of or in respect to breach of this Contract, or any wrongful act or omission by the Client (including but not limited to negligence, misrepresentation, unlawful conduct and wilful misconduct).
30. DISPUTE RESOLUTION: A dispute may be raised by either party in writing to the other party. A representative of both parties are to meet within 7 days of the notice to resolve or determine a resolution process. Should the dispute remain unresolved either party may then by written notice to the other instigate mediation or arbitration.
31. ENTIRE AGREEMENT: This document records the entire agreement between the parties. The parties exclude all terms implied by law, where possible. Neither party has given any warranty or made any representation to the other party about the Contract, other than those warranties and representations expressed herein and implied by law. This Agreement may only be amended in writing signed by the parties.

NOTICE OF CONSTRUCTION ISSUES:

The following is a non-exhaustive list of issues that may arise in the process of Authentic Stone Restorations Pty Ltd ABN 84127597013 (‘ASR’) performing restoration work. ASR will take reasonable steps to minimise associated issues but disclaims and takes no responsibility for the occurrence of any of the issues specified below and any related damage, expense or loss, except and to the extent that such issue is the result of the negligence of ASR.

32. Paint stripping is messy and may create the need for further restoration on not only the paint stripped surface, but adjoining and surrounding areas. Unanticipated/different layers of paint may be found on commencement of paint stripping, and there may be differentiation between areas. This may result in further work being required to be undertaken. Such further work will be treated as a variation.
33. Dust is an unavoidable by-product of restoration processes. There may be cleaning or rectification required to adjoining areas to deal with spreading of dust. Steps should be taken by the Client to protect such adjoining areas (including by covering and removing items and ducts).
34. Mist, mud, over spray and water are standard by-products of restoration processes. There may be cleaning or rectification required to adjoining areas to deal with spreading of dust. Steps should be taken by the Client to protect such adjoining areas (including by covering and removing items and ducts).
35. Windows, doors, steps, roofs, gutters, tiles, masonry, paths and verandas may be affected by restoration processes (including but not limited to swelling, leaking, moving, scratches, staining, discolouration and paint stripping). Steps should be taken by the Client to protect such areas (including by removing curtains, laying rags or towels along the bottom of doors and windows. It is also a good idea to check these areas regularly for dampness and or dust/dirt.
36. Staples and tapes can be used to help protect glass, timber, metal and aluminium doors and windows. This may cause the need for further restoration.
37. Lime wash removal is not included in the contract price and will not be performed unless and to the extent it is included explicitly in the Builder’s quotation.
38. Lime Mortar and derivatives thereof will be used for most restoration work. However the Builder may use their discretion to change type of lime used or to use a lime based cement mortar without notification.
39. Sand used in the restoration work will not be sifted and some aggregates might be seen. There will be variation in the aggregate appearance.
40. Cement found in the restoration area (in place of lime mortar) will make the restoration process much more difficult and is not accounted for in the contract price. Unanticipated concrete may result in further work being required to be undertaken. Such further work will be treated as a variation.
41. Working area will need to have clear and unobstructed access (including control and use of adjoining areas of the site). Trailers and bins may need to be left onsite and driveways may need to be used.
42. Lawns, gardens and trees may be damaged during the restoration process.
43. Replastering may be necessary after salt damp treatment or replacement. The restoration process may cause damage to the inside plaster work. Such plaster shall not be covered under the Builder’s Guarantee.
44. Repointing. Colour samples will not be provided unless stipulated in the Builders quotation. The Builder will endeavour to colour match any repointing, but does not guarantee a colour match for any repointing especially patching. Time spent creating a match will be at the Client’s expense. Repointing may be necessary after some restoration processes.
45. Stone Veneer. If making veneer out of reclaimed stones the builder is unable to ensure exact matching height stones. The builder is unable to cut every stone so all joints are the same size. The builder will lay stones with small missing corners as these will not be an issue once pointed. Brick walls built on edge with holes showing in incur a $15 per square meter plus GST price increase plus $2 per meter for extra Glues plus GST.
46. Mortar joints and masonry may experience fretting and deterioration after damp treatment and undersetting due to residual salts in the walls.
47. Chimney work is limited to that explicitly included on the quote. The Builder shall be entitled to a variation if extra work is required once scaffolding in erected.
48. Undersetting stones and bricks may not be able to be replaced with matching stones and bricks. The Builder will use their best endeavour to match as closely as possible. All masonry removed will be discarded and not reused unless stated in the Builder’s quote.
49. Common walls and property will require certain steps to be taken by the Client. The Client must obtain written permission from the other owners to perform work and have unobstructed access to the shared area prior to commencement.
50. Methodology used will be at the absolute discretion of the Builder. The Builder reserves the right to change the proposed product or solution at any stage without notification.
51. Seepage can occur whereby damp treatment products seep into concrete, tiles or pavers next to walls being treated while installing a new damp proof course.

Electrical, gas, pipes and wire and service points are to be identified by the Client prior to commencement. If electrical, communication or plumbing fittings are to be removed from any areas where restoration work is to be undertaken the Builder shall organise the appropriate trade to attend at the cost to the Client. Light fittings on veranda or walls should be removed and made safe prior to commencement of paint removal, repainting and steam cleaning.