About these terms
These Terms and Conditions ("Terms") govern the agreement between Dead-level Outdoor Construcions ("we", "us", "our") and any person or entity ("you", "the client") who engages us to carry out carpentry, building, renovation, or related services.
By accepting a quote, signing a contract, paying a deposit, or otherwise instructing us to proceed with work, you agree to be bound by these Terms. Please read them carefully before engaging our services.
These Terms apply to all work we carry out, whether residential or commercial, unless a separate written agreement has been signed by both parties that expressly overrides them.
Quotes and acceptance
All quotes we provide are based on the scope of work described at the time of the quote. Quotes are valid for 30 days from the date of issue unless otherwise stated.
A quote is not a binding contract until you formally accept it. Acceptance occurs when you:
- Sign and return the quote or any accompanying contract document, or
- Pay a deposit as requested, or
- Provide written or verbal instruction for us to proceed with the work
- Once accepted, the quote forms the agreed scope of work. Any changes to that scope must be agreed in writing and may affect the price and timeline (see Section 3).
Verbal quotes are estimates only. A written quote will always be provided before any significant work begins.
Pricing and variations
Our quoted price covers the work described in the scope of works at the time of quoting. The following may result in additional charges:
- Changes to the scope of work requested by you after acceptance
- Unforeseen site conditions discovered once work has commenced (such as rotted timber, concealed plumbing, or non-standard construction)
- Delays caused by factors outside our control, including supplier lead times, weather, or access issues not disclosed at the time of quoting
- Increases in material costs between the quote date and the commencement of work, where materials have not yet been purchased
- We will notify you of any variations in writing before carrying out additional work where possible. In cases where proceeding is necessary to avoid damage or unsafe conditions, we will inform you as soon as practicable and provide a written variation notice.
Variation work will be charged at our current hourly or project rate as applicable.
Payment terms
Unless otherwise agreed in writing, our standard payment terms are:
- Deposit: A deposit of up to 10% (or as specified in your quote) is payable upon acceptance of the quote, before work commences
- Progress payments: For larger projects, progress payments may be required at agreed milestones as set out in your quote or contract
- Final payment: The balance is due within 7 days of practical completion of the works
- Invoices are payable by bank transfer (EFT) unless otherwise arranged. All prices are in Australian dollars and inclusive of GST where applicable.
Overdue invoices may attract interest at a rate of 2% per month on the outstanding balance. We reserve the right to suspend work on any project where payment is overdue by more than 14 days.
If payment remains outstanding after 30 days, we may refer the debt to a collection agency and recover any associated costs from you.
Scheduling and access
We will agree on a start date with you at the time of booking. While we make every effort to meet scheduled dates, start times and completion dates are estimates and may be affected by factors including weather, material availability, or delays on prior jobs.
You are responsible for ensuring we have safe and unobstructed access to the work area at agreed times. This includes:
- Clearing the work area of furniture, personal items, or other obstructions before we arrive
- Providing access to power and water where required for the works
- Ensuring pets and children are kept safely away from the work area while we are on site
- Notifying us of any site-specific health or safety requirements
- If we arrive on site and are unable to commence or continue work due to access issues caused by you, a call-out fee may apply.
Your responsibilities
To allow us to carry out the works safely and to a high standard, you agree to:
- Provide accurate information about the property and any existing structures, services, or hazards that may affect the work
- Obtain any necessary council approvals, building permits, or owner's corporation consents before work begins, unless we have agreed in writing to manage this on your behalf
- Inform us of any known asbestos, lead paint, or other hazardous materials on the property
- Make decisions and provide approvals promptly to avoid delays to the project
- Ensure all quotes and variations are reviewed and accepted in a timely manner
- Where delays or additional costs arise as a result of inaccurate information provided by you, or failure to meet these responsibilities, you will be liable for those additional costs.
Our responsibilities
We commit to:
- Carrying out all work in a professional and tradesperson-like manner, in accordance with applicable Australian Standards and the National Construction Code
- Holding all required licences and registrations to perform the work
- Maintaining appropriate public liability insurance throughout the project
- Keeping you informed of progress and raising any issues or variations promptly
- Leaving the work site in a clean and safe condition at the end of each working day
- Disposing of or arranging disposal of construction waste generated by our work
Materials and products
Unless otherwise specified, we will select and supply materials suitable for the work based on our professional judgement and experience. Where you request specific materials, brands, or products, we will do our best to source them, though we cannot guarantee availability or price.
Materials supplied by us remain our property until full payment has been received. We accept no liability for materials supplied by you that prove to be defective, unsuitable, or not fit for purpose.
Surplus materials purchased for your project remain our property unless otherwise agreed.
Defects and warranty
We warrant that all work will be carried out in a proper and workmanlike manner and in accordance with the agreed specifications. If a defect in our workmanship is identified after practical completion, you must notify us in writing within a reasonable time of discovering the defect.
Upon receiving a valid defect notice, we will:
- Inspect the defect within a reasonable timeframe
- Carry out any necessary rectification work at no additional cost to you, where the defect is due to our workmanship
Our warranty does not cover:
- Defects arising from fair wear and tear, misuse, or lack of maintenance
- Damage caused by third parties or events outside our control
- Defects in materials supplied by you
- Work that has been altered or interfered with by others after practical completion
- Nothing in this clause limits any rights you may have under the Australian Consumer Law, including statutory guarantees that apply to our services.
Cancellation and termination
Cancellation by you: If you cancel a confirmed job before work commences, we reserve the right to retain the deposit to cover costs already incurred, including administration, material orders, and time set aside for your project. Cancellations with less than 48 hours' notice may attract a cancellation fee.
Cancellation by us: We reserve the right to cancel or suspend work in the following circumstances:
- Payment is overdue and not resolved after reasonable notice
- Site conditions make it unsafe or impractical to continue
- You have provided materially inaccurate information that affects the scope or safety of the works
- In the event of cancellation by either party after work has commenced, you will be invoiced for all work completed to date, plus the cost of any materials already purchased or ordered.
Liability
To the extent permitted by law, our total liability to you for any loss or damage arising from or in connection with the services we provide is limited to the value of the work carried out under the relevant contract.
We are not liable for:
Indirect or consequential loss, including loss of income, loss of use, or loss of enjoyment
Damage to existing structures, finishes, or services that could not reasonably have been avoided during the course of the works
Delays or losses caused by events outside our control, including extreme weather, supply shortages, or industrial action
Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law or any other applicable legislation that cannot be excluded.
Disputes
If a dispute arises in connection with our services or these Terms, we ask that you contact us first so we can try to resolve the matter directly. Most issues can be resolved quickly through open communication.
If a dispute cannot be resolved informally within 14 days, either party may refer the matter to a relevant building dispute resolution body, such as the Victorian Building Authority (VBA) or the Domestic Building Dispute Resolution Victoria (DBDRV), as appropriate.
We are committed to resolving disputes fairly and in good faith.
Governing law
These Terms are governed by the laws of the State of Victoria, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria for any matter arising under or in connection with these Terms.
Contact us
If you have any questions about these Terms and Conditions, please contact us:
Business:Dead-level Outdoor Constructions
Phone: 0400 073 936
Email:chris.wood2@hotmail.com