Terms & Conditions

South Pacific Projects Pty Ltd

1. Definitions

• “Builder” means South Pacific Projects Pty Ltd.

• “Client” means the person or entity engaging the Builder.

• “Works” means the construction, renovation, extension, or related services to be performed.

• “Contract” means the quote, these terms, and any annexures, plans, or specifications.

2. Acceptance

• Any quote issued is valid for 14 days unless stated otherwise.

• Acceptance occurs when the Client:

  • Signs the quote/contract; or

  • Pays a deposit; or

  • Instructs the Builder to commence work.

3. Scope of Works

• Works are strictly limited to:

  • The approved plans, specifications, and inclusions listed in the quote.

• Any items not expressly included are excluded.

• The Builder is not responsible for:

  • Latent conditions not visible at time of quoting

  • Structural issues discovered after commencement

4. Pricing

• Prices are based on current:

  • Labour rates

  • Material costs

• Quotes may be:

  • Fixed price; or

  • Estimate (subject to variation)

  Unless explicitly stated as fixed, pricing may change due to:

• Variations

• Site conditions

• Client changes

5. Payment Terms

• Deposit: As per legal requirements (e.g., NSW max 10% or $20,000 rule depending on contract type)

• Progress payments:

  • As outlined in the contract schedule

Payments must be made:

• Within 7 days of invoice

Late payments:

• May incur interest

• May result in suspension of works

6. Variations

• Any change requested by the Client:

  • Must be approved in writing

• Variations may affect:

  • Cost

  • Timeline

The Builder reserves the right to:

• Refuse variations that are impractical or unsafe

7. Time & Delays

• Timeframes are estimates only unless stated otherwise

• Delays may occur due to:

  • Weather

  • Material shortages

  • Client delays

  • Council or approval delays

  • Unforeseen site conditions

The Builder is not liable for reasonable delays outside its control

8. Site Access & Conditions

The Client must:

• Provide clear and safe access to the site

• Ensure:

  • Utilities are available (power, water)

• Remove or protect personal items

The Builder is not responsible for:

• Damage to unprotected items

• Pre-existing site conditions

9. Permits & Approvals

• Unless specified:

  • The Client is responsible for obtaining:

    • Council approvals

    • DA/CDC approvals

• Builder may assist but is not liable for delays in approvals

10. Materials & Substitutions

• Materials will be supplied as specified

• If unavailable:

  • Builder may substitute with equivalent quality materials

11. Defects & Warranty

• Works will be completed:

  • With due care and skill

  • In accordance with Australian Consumer Law

Defects:

• Must be reported in writing

• Builder will rectify within reasonable time

Statutory warranties apply under:

• Relevant state legislation (e.g., NSW Home Building Act)

12. Insurance

The Builder maintains:

• Public liability insurance

• Workers compensation

Client should maintain:

• Home insurance (including works in progress)

13. Liability

To the extent permitted by law:

• Builder is not liable for:

  • Indirect or consequential loss

  • Delays beyond control

Total liability is limited to:

• The value of the contract

14. Suspension of Works

The Builder may suspend work if:

• Payments are overdue

• Site is unsafe

• Client breaches contract

15. Termination

Either party may terminate if:

• A material breach occurs

Builder may terminate if:

• Payments are not made

• Client interferes with works

Costs incurred up to termination remain payable

16. Dispute Resolution

Parties agree to:

1. Attempt to resolve disputes in good faith

2. Use mediation if required

17. Ownership & Risk

• Materials become property of the Client only after full payment

• Risk passes upon delivery to site

18. Intellectual Property

• Plans, designs, and documentation remain property of the Builder unless agreed otherwise

19. Entire Agreement

This document, along with the quote and plans:

• Forms the entire agreement

• Overrides prior discussions

20. Governing Law

This agreement is governed by the laws of:

• New South Wales, Australia