Terms of Use

Conditions of Sale

1. The execution by One Stop Patio Shop or its duly authorised representative of this agreement shall be sufficient for One Stop Patio Shop to proceed with the work itemised in accordance with the terms of this Agreement.

2. This Agreement shall be deemed to have been made on the date of execution by One Stop Patio Shop or its duly authorised representative.

3. The parties to this Agreement acknowledge that the whole agreement between them is expressed herein and that no employee, agent or representative of One Stop Patio Shop has any authority to make nor has any representation other than contained herein.

4. The Purchaser acknowledges having received a duplicate of this Contract form.

5. No plumbing, drainage, electrical work, plastering, carpentry or painting is included in the work to be carried out by One Stop Patio Shop unless specifically listed. One Stop Patio Shop will not be responsible for damage to the building or any part of the building on which the job is being carried out by One Stop Patio Shop or to the materials supplied by One Stop Patio Shop resulting from faults or deterioration already existing in frame timbers, plumbing, plastering, roofing or other interior or exterior sections of the building.

6. These conditions do not exclude any conditions or warranties which are implied into this contract by Federal or State Legislation and which may not legally be excluded.

7. This is not a legal and binding document until signed off and accepted by management at One Stop Patio Shop.

APPROVALS

8. For the purposes of obtaining approval from the necessary authorities, the purchaser appoints One Stop Patio Shop his/her agent.

9. Should the application for a building permit be rejected by Council, One Stop Patio Shop will advise the purchaser.

10. Unless itemised as part of the contract, compliance with any conditions imposed by the Council or any other authority shall remain the sole responsibility of the purchaser.

11. Should Council require certification by a structural engineer in addition to standard engineered details supplied by One Stop Patio Shop, the cost of plans and certification shall be borne by the purchaser.

12. Should the application for a building permit be rejected by Council, One Stop Patio Shop will refund to the purchaser any monies received as deposit, less costs incurred by One Stop Patio Shop in the preparation and submission of plans, plus administration and selling costs when applicable. INSURANCE

13. (a) The Owner shall keep insured against fire, burglary, storm and tempest (under a Householders normal policy for buildings and contents) all existing furnishings, fittings, art and personal effects any other items remaining on site during the course of construction.

(b) One Stop Patio Shop shall insure against liability, loss, claim or proceedings due to personal injury or death of any person or damage to property arising out of or in conjunction with or in the course of the Works other than that due to a negligent act or omission by the Owner may be responsible.

(c) Notwithstanding the foregoing should any portion of the Works to be occupied or used by the Owner or Tenant or is or their employees, during the progress of the work without One Stop Patio Shop’s express consent, then One Stop Patio Shop shall not be liable for any injury to or in the death of any person, or loss or damage to property or personal effects which may be occasioned by reason of such use or occupancy of such portion of the Works by any such person or persons.

(d) One Stop Patio Shop will take such reasonable steps as may be required on their part to prevent damage to existing gardens, trees, lawns and the like but does not undertake to restore areas affected to original condition save for general tidiness.

(e) One Stop Patio Shop will take reasonable care to prevent damage to existing path and driveways but will not accept responsibility for any damage to those already existing.

(f) Any existing ceilings and/or walls affected by work covered by this contract will be repaired only by One Stop Patio Shop and not painted. However, if the state of the existing ceilings and/or walls is such that replacement would be the only suitable method of repair, then the cost of this replacement shall be borne by the Owner.

PAYMENT

14. (a) Final payment to be made on practical completion, any leaks are considered maintenance, final payment has to be made before any maintenance is to be scheduled.

(b) Interest on overdue Invoices shall accrue daily from the date when payment becomes due until the date of payment at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before and judgment.

(c) If any client defaults in payment of any invoice when due, the client shall indemnify One Stop Patio Shop from and against all costs and disbursements incurred by One Stop Patio Shop in pursuing the debt including legal costs on a solicitor and own client basis and One Stop Patio Shop’s collection agency costs.

(d) Any changes to the contract need to be made in writing on a One Stop Patio Shop contract variation form. All changes incur $150.00 admin fee. It is at One Stop Patio Shops discretion to accept these changes.

(e) The contract price is fixed for 60 days after local government issues a building permit after this time One Stop Patio Shop has the right to pass on any price increases they have incurred.

FOUNDATIONS

15. (a) Should it appear in excavating for foundations and/or services that the site will not support the Works then this contract may be terminated by either party hereto by written notice to the other, provided that One Stop Patio Shop will be paid all costs of their work incurred by them in quitting the site.

(b) Soil conditions such as rock, limestone, etc, which require mechanical digging equipment to excavate for suitable footings, the purchaser will pay all hire costs and extra labour costs associated with the excavation.

(c) One Stop Patio Shop agrees that they will give immediate notice to the Owner that the site will not support the Works. The Owner will pay for any increased costs on account of any of the matters stated in this clause. One Stop Patio Shop will limit further works at increased cost the Owner pending the consent of the Owner.

CANCELLATIONS

16. (a) The cancellation of this contract for any reason, must be tendered in writing to the General Manager of One Stop Patio Shop. All expenses and costs incurred by One Stop Patio Shop up until the time of the cancellation shall be borne by the purchaser.

(b) The acceptance of any cancellation will be notified to the purchaser in writing with the balance of any deposit being refunded after the deduction of expenses and costs including administration and selling costs and application fees to council etc.

(c) Cancellation will not be accepted once practical installation is commenced.

PRIVACY ACT 1988

18. The Client and/or the Guarantor/s agree for One Stop Patio Shop to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by One Stop Patio Shop.

18.1 The Client and/or the Guarantor/s agree that One Stop Patio Shop may exchange information about the Client and the Guarantor/s with those credit providers either names as trade referees by the Client or names in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d) to assess the credit worthiness or Client and/or Guarantor/s.

18.2 The Client consents to One Stop Patio Shop being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1) (h) Privacy Act 1988).

18.3 The Client agrees that personal credit information provided may be used and retained by One Stop Patio Shop for the following purposes and for other purposes as shall be agreed between the Client and One Stop Patio Shop or required by law from time to time:

(a) provision of Goods; and/or

(b) marketing of Goods by One Stop Patio Shop, its agents or distributors in relation to the Goods; and/or

(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods; and/or

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and /or

(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

18.4 One Stop Patio Shop may give information about the Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Client; and/or

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

MAINTENANCE

18. (a) One Stop Patio Shop takes no responsibility for damage caused by excessive rain, blocked or inadequate down pipes. One Stop Patio Shop takes no responsibility for maintenance of house gutters.

(b) All downpipes are to be ground level only. Connection to soak wells or storm water pipes are not included in this contract.

(c) All leaks are maintenance. Final payment has to be made before any maintenance is scheduled.

(d) One Stop Patio Shop does not cut or replace pavers around posts

SITE WORKS

19. (a) Unless specifically included in the contract no site works whatsoever are quoted for. ANY costs for site works required to support the structure shall be borne by the purchaser.

(b) The definition of site works generally applies to digging, levelling, retaining, earthmoving, cutting and filling and drainage.

(c) Area where patio is to be constructed needs to be left clean and clear of all obstructions or the costs to clear the area will be bourne by the client.

(d) Materials are delivered on front verge. If this is not suitable they can be moved to where patio is to be constructed at an extra cost of $100.00.

If you move any materials yourself One Stop Patio Shop will take no responsibility for any damage.

(e) All obstructions must be moved before the installation commences eg, foxtel dishes, branches, existing pergolas otherwise One Stop Patio

Shop will remove and all expenses will be bourne by the client.

(f) Any breather pipes or existing pipe work at fascia/gutter level in the area of construction will be cut off at base of fascia and redirected by the client.

DISPUTES

20. (a) In the event of the purchaser requesting a stoppage, where the installation is proceeding as per the contract, then all claims for tradesmen and contractors lost income will be charged to the purchaser at the prevailing rate per hour.

(b) In the event of a claim by the purchaser for a defect or fault in the product or its installation after practical completion then One Stop Patio Shop will arrange for a site meeting between the purchaser, the sales consultant and One Stop Patio Shop’s manager.

(c) In the event that the Dispute can not be rectified between One Stop Patio Shop and the Purchaser after One Stop Patio Shop has deemed the job to be complete all outstanding monies owing to One Stop Patio Shop shall be paid in full or clause 14(b) and 14(c) will come into effect. If the Builders Registration Board or a Legal third Party deems One Stop Patio Shop at fault then a refund of the amount so ordered or rectification if so ordered will be given to the Purchaser within 14 days of settlement of dispute.

SCHEDULES

21. One Stop Patio Shop will endeavour at all times to commence the contract as soon as possible, however no guarantee will be given on completion dates, approximate time frames are given as a guide only and One Stop Patio Shop will accept no responsibility for any costs or consequential expenses incurred by the purchaser due to a delay in delivery or installation of the product.

INTERPRETATION

22. All measurements are shown in metric, Roof measurements are shown as overall facia to ring beam, Wall measurements are shown as overall outside wall to outside wall. Where the new building is attached to an existing structure the height is generally governed by the attachment point to the existing structure. In the event of the new building being free standing the height will be nominated as height of ring beam.

ASBESTOS

23. (a) Due to the nature of asbestos One Stop Patio Shop will not be liable for the detection of asbestos at any stage prior to demolition or construction.

(b) In the event of asbestos being located on site during demolition or construction then the cost of its removal, by a specialist contractor under regulation 820 of the Occupational Health and Safety Act, shall be borne by the purchaser.

WARRANTY

24.1 One Stop Patio Shop offers a 1 year workmanship warranty and a 10 year structural warranty, backed by the applicable manufacturers warranties.

24.2 The conditions applicable to the warranty given by clause 24.1 are:

(a) Corrosion exclusions shall apply as follows:

(i) Properties less than 1km from the coast shall have no corrosion warranty.

(ii) Properties 1 to 3kms from coast shall only have a 3 year corrosion warranty.

(iii) Properties greater than 3kms from coast shall only have a 7 year corrosion warranty.

(iv) Patios being constructed over swimming pools and spas have no corrosion warranty.

(v) Posts that are too close to swimming pools, put into garden beds or exposed to underground moisture have no corrosion warranty.

To maintain all warranties Patios in these areas need to be washed three times a year.

24.3 All warranties are void if barbeques or patio heaters are used under polycarbonate roof sheeting.