(Effective 1 September 2022)

OFFER

Hitech Verandas Patios Sheds will issue a Quote for the consideration of the Purchaser for the value set out in the quotation (the Quote) and, in accordance with these Terms & Conditions, Hitech Verandas Patios Sheds shall provide and deliver to the Purchaser's nominated location (The Site) the materials for the structure as specified on the Quote (excluding items mentioned in clause 10.8). These Terms & Conditions and the details in the Quote comprise the whole of the Agreement between Hitech Verandas Patios Sheds and the Purchaser unless otherwise expressly agreed to in writing.

Basis of Contract

The Quote constitutes an offer by Hitech Verandas Patios Sheds to supply Goods and/or Services to the Purchaser in accordance with these Terms and Conditions.

The Quote shall be deemed to be accepted on the earlier of:

• the Purchaser issuing written acceptance of the Quote; or
• any act by Hitech Verandas Patios Sheds consistent with fulfilling the Quote,
  at which point and on which date the Contract shall come into existence.

These Terms and Conditions apply to the exclusion of any other terms or conditions that Hitech Verandas Patios Sheds seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. These Terms and Conditions shall only be superseded by a written agreement between Hitech Verandas Patios Sheds and the Purchaser, signed by both parties.

APPROVALS

The Purchaser is responsible for the arrangement and costs involved in any approvals required for the construction of the Goods and/or Services.

It is the Purchaser’s responsibility to ensure that the requested work to be carried out by Hitech Verandas Patios Sheds and any associated design for the Goods or work are compliant to all required regulatory and statutory standards. It is the Purchaser’s responsibility to ensure all relevant statutory permissions for the work have been obtained.

Where required, the Purchaser will be responsible for excavating and opening trenches, drilling holes, and providing and installing all backfill material and carrying out any other site preparation works, unless the Quote provided to the Purchaser by Hitech Verandas Patios Sheds describe or state differently.

In the instances where the Work or Quote provided include any pouring of slabs, earthworks including trenching, drilling of holes or any other site preparation works:

• Hitech Verandas Patios Sheds will not take any responsibility for pipes or services damaged unless the Purchaser has previously located or pointed out such pipes or services to Hitech Verandas Patios Sheds;
• the Purchaser must keep any excavated area or worksite free and clear from any unauthorised persons, stock or animals until the Work has been completed by Hitech Verandas Patios Sheds

Hitech Verandas Patios Sheds will, if requested, commission an engineering report or private certification. Any cost incurred under this clause 3.4 will be borne by the Purchaser and payable prior to commissioning the engineer or certifier.

Hitech Verandas Patios Sheds will, if requested, prepare general assembly sketches of the structure offered and include steel to steel connection and footing details. A certificate of compliance will only be included if specifically requested and paid for at time of placing the order. Hitech Verandas Patios Sheds shall only be responsible for complying with the requirements of the relevant authorities to the extent of its obligations under these Terms and Conditions. The Purchaser shall provide their own site plan and all other details as required by relevant authorities and submit same with Hitech Verandas Patios Sheds details for approval and bear all costs imposed.

Basic Certification, council approval or any requirement in relation to building codes for works will only be provided (at an agreed fee that may change from time to time) by Hitech Verandas Patios Sheds only IF Hitech Verandas Patios Sheds is contracted by the Purchaser to construct the shed. If the Purchaser is upgrading the building to a liveable dwelling, the Purchaser agrees to seek approval independently.

If any advice or Services are provided under clause 3.6, the Purchaser acknowledges that all advice is general in nature. The Purchaser indemnifies Hitech Verandas Patios Sheds for any loss or damage in connection with reliance on the advice. Further, the Purchaser accepts all liability for any loss or damage in connection with failure to liaise with Council in relation to any approvals.

All orders paid to manufacture, which are not Council approved are purchased at the risk of the Purchaser. Hitech Verandas Patios Sheds do not deem any responsibility or refund for the purchase if not approved by Council. If construction is conducted by the Purchaser or any contractors employed by the Purchaser without council approval Hitech Verandas Patios Sheds maintains no responsibility.

DESIGN

Hitech Verandas Patios Sheds supplies all buildings on an ex works basis, designed in accordance with the current edition of AS 1170.2. Purchasers requiring building outside this design must advise Hitech Verandas Patios Sheds of any required amendments. Accessories manufactured by others are selected on the performance data provided to Hitech Verandas Patios Sheds and are the responsibility of those manufacturers.

All reasonable effort has been made to design, manufacture and supply the correct components and quantities; however, the Purchaser or Purchasers contractor is responsible for any practical site modification necessary to complete the structure. Hitech Verandas Patios Sheds fully reserves the right to supply standard sizes, designs and components where client's requirements fall outside the standard range and vary all plans, designs and specifications at any time without notice.

TIMING

All times quoted are estimates only and delivery is subject to the number of orders in line for processing.

Hitech Verandas Patios Sheds shall not be liable to the Purchaser or any other person for damages or in any manner whatsoever as a result of failure or delay in delivering the materials by the estimated times.

Processing commences from receipt of a correctly executed order, payment (including clearance or deposited money's) and/or building approval. Hitech Verandas Patios Sheds will treat the estimated dates as targets and will make every reasonable effort to meet them.

If Hitech Verandas Patios Sheds are delayed in supplying the Goods and/or Services by matters not caused or contributed to by Hitech Verandas Patios Sheds act or default or Force Majeure, the Purchaser agrees that Hitech Verandas Patios Sheds are entitled to a reasonable extension of time to supply the Goods and/or Services.

Hitech Verandas Patios Sheds has a high regard for their employees and will, at their sole discretion, cancel delivery or works with short notices due to weather forecast or weather conditions.

Limitation of Liability

Hitech Verandas Patios Sheds liability to the Purchaser (and any party claiming through the Purchaser against Hitech Verandas Patios Sheds) for any claim for loss or damage (including legal expenses), whether arising in contract, tort or otherwise, in connection with these Terms and Conditions shall be as follows:

• where the liability relates to the supply of services, Hitech Verandas Patios Sheds liability shall be limited to the lesser of the costs of: (i) supplying the services again, or (ii) payment of the costs of having the services supplied again, or
• where the liability relates to the supply of goods, Hitech Verandas Patios Sheds liability shall be limited to the lesser of the cost of: (i) replacement of the goods or the supply of equivalent goods, (ii) repair of the goods, (iii) payment of the costs of replacing the goods or acquiring equivalent goods, or (iv) payment of the costs of having the goods repaired.

Hitech Verandas Patios Sheds are not liable for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the carrying out of the Works by Hitech Verandas Patios Sheds.

SITE

Hitech Verandas Patios Sheds will have the license and authority to enter the site during daylight hours without further notice to the Purchaser for the purpose of carrying out the Goods and Services. Hitech Verandas Patios Sheds or its sub-contractors shall not be liable for any damage caused to any pipe, cable, path or driveway, lawn, other structures or vegetation. All designs are based on a "M" soil rating (unless stipulated otherwise). If the soil rating for the proposed site is different from "M" (or stipulated on contract) the Purchaser at their expense should obtain a further structural engineer's report and design AND this may result in an increase in the cost of placing concrete and in the cost of erection from that shown in the Quote and Contract. The Purchaser is to pay any increase in costs incurred.

The total price does not include any costs of levelling or otherwise preparing the site. The cost of any additional work on site or plant required caused through above ground or underground instructions or otherwise shall be borne by the Purchaser.

The Purchaser shall recognise that the construction sites are regulated under OH&S Policies and Procedures, and shall not enter the construction zone (or any other persons), whilst the building process is being completed.

PRICE

The Contract amount shown on the Quote will be fixed for the number of days nominated after which it will be subject to market price fluctuations. Any variations or changes to the building or the order shall not be binding unless accepted in writing by Hitech Verandas Patios Sheds and any costs payable to Hitech Verandas Patios Sheds in accordance with clause 9 have been received by Hitech Verandas Patios Sheds.

Hitech Verandas Patios Sheds reserves the right to change the Price if a variation to Hitech Verandas Patios Sheds quotation is requested or required. All variations from the quoted Work and scope of work described in any Quote will be shown as variations on the invoice.

Termination of an order by the Purchaser authorises Hitech Verandas Patios Sheds to deduct from the deposit a sum equal to ten (10) percent of the order value plus costs to date. Termination of an order with evidence of rejection by an appropriate building authority authorises Hitech Verandas Patios Sheds to deduct from the deposit a sum equal to five (5) percent of the order value plus costs to date.

PAYMENT

If the Quote provides for the construction of a Shed, the Purchaser shall pay to Hitech Verandas Patios Sheds:

• A deposit is required at the time of engagement. The Quote or confirmation email provided to the Purchaser by Hitech Verandas Patios Sheds will state the amount of such deposit and progress payments and/or the final payment prior to delivery of materials as specified on the order;
• A non-refundable manufacturer payment is required at the time of ordering the Goods. The Goods will not be ordered until payment has been received in full by Hitech Verandas Patios Sheds. Manufacturing is approximately 12-16 weeks from receipt of payment;
• A non-refundable delivery fee is required for the Goods to be delivered to Site. This Fee includes the final amount outstanding for the Goods and the delivery fee;
• The installation payment, if any, is due upon completion of the installation where the Contract Documents specifies works relating to same; and
• Any additional costs, which are to be borne by the Purchaser pursuant to the order in such manner and at such times as Hitech Verandas Patios Sheds determines by, notice in writing to the Purchaser. If the Purchaser fails to make any of the above payments, Hitech Verandas Patios Sheds may in addition to any other rights it has at law, enter the Site to remove any materials delivered.

If the Quote provides for the construction of a patio,deck or glass room, the Purchaser shall pay to Hitech Verandas Patios Sheds in accordance with the following progress payments:

• a 10% deposit upon acceptance of the Quote;
• 60% payment in conjunction with ordering of materials; and
• 30% payment upon completion.

If the patio includes construction of a glass room; the payment at 9.2.3 will be split as follows:

• 15% upon completion of the framework; and
• 15% upon completion.

Orders unpaid for within 90 days of manufacture shall be sold and the difference deducted from any amounts paid.

The Purchaser shall pay to Hitech Verandas Patios Sheds the amount of any taxes so imposed by legislation on the taxable supply or service.

Any additional costs of construction or materials resulting from any variation is to be paid by the Purchaser.

If the price of materials/labour increases between the issuance of the Quote and the commencement of the Works, the Purchaser shall accept any price increases for increased price so notified.

The Purchaser must pay interest on any amount due and payable which it does not paid within 7 days, from when the amount becomes due until it is paid. Interest is calculated on daily balances at the rate of 18% per annum and is capitalised on the last day of each month if unpaid.

A two (2) percent administration fee applies to all credit card payments. Acceptable credit cards are Visa, MasterCard, and Bankcard only.

The Purchaser will notify Hitech Verandas Patios Sheds of any CCTV recording devices present at the Site.

WARRANTY

Requests for written warranties must be made by the Purchaser from the original component manufacturer.

The Purchaser hereby acknowledges that the Purchaser is responsible for making enquiries with the manufacturer of the Goods supplied by Hitech Verandas Patios Sheds and obtaining copies of their warranty, if any.

Hitech Verandas Patios Sheds or its suppliers do not warrant products against misuse, added or superimposed loads, components or materials, or environmental, wind or weather damage, or acts of God. Components are designed for normal inland use and no warranty shall apply where buildings are used or located in or near corrosive atmospheres, elements, materials, livestock, moisture, condensation, fallout, swimming pools or sea shore.

ACKNOWLEDGEMENT

Hitech Verandas Patios Sheds will not be responsible for contractors works, parts or products or materials that are supplied by the Purchaser. The Purchaser indemnifies Hitech Verandas Patios Sheds against any loss or damage to the Work caused by any product or item supplied by the Purchaser.

Additional charges may apply if Hitech Verandas Patios Sheds encounters any abnormal or unexpected ground conditions (including, but not limited to rock and hazardous substances).
Hitech Verandas Patios Sheds take no responsibility for recommending their preferred contractors or delays to installation, if any, caused by the Purchasers contractors.

The Purchaser acknowledges that once the Quote has been accepted, the colour of any Goods may not be altered except by written variation.

DELIVERY

Hitech Verandas Patios Sheds will not accept any liability arising from loss or damage sustained by any carrier other than Hitech Verandas Patios Sheds. Any Purchaser who wishes to pursue damage caused by the vehicles entering the property must deal directly with the delivery company.

No claims for damage or shortages will be recognised unless submitted within seven (7) days of receipt of materials.

Hitech Verandas Patios Sheds reserves the right to charge as extra to the order for deliveries outside the delivery area or description nominated by the Purchaser and/or where shipping is delayed for more than 7 days or if additional delivery costs are incurred.

Where access to the site is deemed difficult or unsafe by the delivery driver, the Goods will be set down as close as practical to the site at the driver’s discretion and the Purchaser shall relocate the materials at no cost to Hitech Verandas Patios Sheds.

The Purchaser before delivery must provide a map showing directions to the site and identify the delivery point with suitable markers.

The Purchaser or their agent must take delivery of goods and provide labour and/or hire of plant to unload and place goods on site.

The Purchaser will be responsible for the covering and securing of all delivered materials against weather, damage or theft.

The Purchaser will be responsible for collection from Hitech Verandas Patios Sheds site of any doors, windows and other accessories not delivered in kit, unless otherwise stipulated by Hitech Verandas Patios Sheds. The Purchaser is responsible for any costs involved with collection of items mentioned in this clause 12.8.

Hitech Verandas Patios Sheds will not be obliged to complete any Order in one delivery and reserve the right to deliver by instalments and any failure to deliver any instalment will not entitle the Purchaser to repudiate the agreement.

Hitech Verandas Patios Sheds will deliver the Goods during standard delivery times and delivery will be deemed to have occurred when the Goods are unloaded at the Site.

The Purchaser is required to make themselves available at the site when Hitech Verandas Patios Sheds deliver the Goods.

Where final payment in relation to an Order is not made at least 14 days prior to the scheduled delivery date which may adversely affect the scheduled delivery date, the Order may be be subject to a $250.00 per week additional storage fee at the sole discretion of Hitech Verandas Patios Sheds.

Roller doors are delivered by immediate supplier to Hitech Verandas Patios Shed's site. Collection of Roller doors are the Purchaser's responsibility. A delivery fee of $120.00 per door is applicable if required by the Purchaser and is not included in the Quote unless otherwise specified.

COMPLETION

If Hitech Verandas Patios Sheds have not agreed to install the Goods, completion will have occurred when Hitech Verandas Patios Sheds have delivered the Goods to the Site. If Hitech Verandas Patios Sheds have agreed to install the Goods, completion will have occurred when the Goods and/or Services have been supplied in accordance with the Order (except for minor omissions and minor defects) and a final invoice has been issued.

DEFECTS

The Purchaser agrees to immediately check all Goods and/or Services and notify Hitech Verandas Patios Sheds of any inaccuracies, short supply, damage or defects by providing all relevant details within seven (7) days of Hitech Verandas Patios Sheds provision of the Goods and/or Services, and if the Purchaser does not, the Purchaser will be deemed to have accepted the Goods and/or Services.

If any inaccuracy, short supply, damage or defect has occurred and the Purchaser have notified Hitech Verandas Patios Sheds within the time frame specified in clause 14.1, if Hitech Verandas Patios Sheds reasonably determine that the inaccuracy, short supply, damage or defect was due to Hitech Verandas Patios Sheds negligent act or omission:

• Hitech Verandas Patios Sheds will rectify the inaccuracy, short supply, damage or defect as soon as possible as we determine; and
• Unless Hitech Verandas Patios Sheds agree in writing, the Purchaser agrees not to engage any third party to rectify the defect.
• No defect or claim in respect of the Goods and/or Services delivered will entitle the Purchaser to reject delivery of any other order or part of an order.

EXCLUSIONS

If the Purchaser installs Goods otherwise than in accordance with Hitech Verandas Patios Sheds or the Manufacturer’s recommended installation instruction manual, any warranty in relation to the Goods will be void and we will not be liable for any loss or damage in relation to any such installation or Goods.

Unless expressly included in the Quote the Quote does not include installation of the Goods.

Unless expressly included in the Quote the Quote does not include costs of other contractors Hitech Verandas Patios Sheds may recommend to the Purchaser for concreting and/or hiring equipment.

Where the Services do not involve design or installation by Hitech Verandas Patios Sheds, the Purchaser acknowledges that nothing in these terms and conditions will constitute us to be a contractor of you and our obligations are limited to those of a supplier of Goods.

TITLE

All materials bought or delivered to the Site by Hitech Verandas Patios Sheds shall remain the property of Hitech Verandas Patios Sheds until payment in full of the order amount together with any other costs to be borne by the Purchaser shall pass to the purchase.

Surplus and unused material remains the property of Hitech Verandas Patios Sheds and the Purchaser is instructed to return same to Hitech Verandas Patios Sheds.

Hitech Verandas Patios Sheds is hereby authorised to enter any premises where Hitech Verandas Patios Sheds believes the said product used in connection with the Goods or Services is or are kept and recover possession of that product.

The Purchaser shall have no right to charge, transfer or encumber the said product while it remains the property of Hitech Verandas Patios Sheds.

GENERAL

The failure by Hitech Verandas Patios Sheds to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Hitech Verandas Patios Sheds right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

Hitech Verandas Patios Sheds shall be under no liability whatsoever to the Purchaser for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Purchaser arising out of a breach by Hitech Verandas Patios Sheds of these terms and conditions (alternatively Hitech Verandas Patios Sheds liability shall be limited to damages which under no circumstances shall exceed the Price of the Work).

The Purchaser shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Purchaser by Hitech Verandas Patios Sheds nor to withhold payment of any invoice because part of that invoice is in dispute.

Hitech Verandas Patios Sheds may license or sub-contract all or any part of its rights and obligations without the Purchaser’s consent.

DISCLAIMER

Any advice, recommendation, information, assistance or service provided by Hitech Verandas Patios Sheds, its Employees, Agents, Sub-Contractors and Providers is given and/or made in good faith and is believed to be appropriate and reliable and all liability arising from any of these matters is fully disclaimed. Hitech Verandas Patios Sheds, its suppliers and/or its contractors will not be liable nor accept any consequential damages or claims.

MEASUREMENTS

All measurements are nominal unless stated otherwise. Architectural drawings are provided as a guide only to the general appearance of the structure and measurements are not to be used for construction purposes.

DEFINITIONS AND INTERPRETATIONS

In these terms and conditions:

• “Hitech Verandas Patios Sheds” means V.P.S Pty Ltd ACN 156 020 227 trading as Hitech Verandas Patios Sheds Verandas Patios Sheds;
• “Purchaser” means the party named as the Purchaser in the Quote;
• “Quote” means the quote provided to the Purchaser by Hitech Verandas Patios Sheds.
• “Contract Documents” means these Terms and Conditions, the Quote, confirmation email and Tax Invoice/Contract.
• “Goods” means the goods, if any, described in the Contract or Quote.
• “GST” has the meaning given to that under A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any other legislation or regulations which impose, levy, implement or vary GST or any applicable GST rulings that may be issued by the Commissioner of Taxation.
• “Services” means the services, if any, to be provided by Hitech Verandas Patios Sheds as set out in the Quote or Contract.
• “Works” means the work described in the Contract Documents and includes variations but excludes the Exclusions.

DISCLAIMER

The Purchaser acknowledges that this contract is not subject to the conditions which would otherwise be implied by Building and Construction Industry Security of Payment Act 1999 No 4. This Act implies conditions into domestic building contracts that a building contractor under a regulated contract must not demand or receive an amount under the contract other than a deposit, unless the amount is directly related to the progress of the subject work. It is expressly agreed between the parties that this contract is not subject to the conditions which would otherwise be implied by the Act in this regard and that progress payments will be governed by clause 9 of these Terms and Conditions.