CARBONlite Enterprises Pty Ltd, ABN 85 162 295 856 (hereafter CARBONlite) is registered in the State of Victoria and operates under the relevant Consumer Laws and Statutory Legislations throughout Australia.
As between CARBONlite and the Contracted Builder the relationship is that of principal and independent sub-contractor.
The Contracted Builder is expected and is required to comply with all current and applicable Building and Construction practices.
The project is the site and associated development where the PANELlite construction system has been specified for use, hereafter referred to as ‘site’ or ‘project’.
1.1 It is the responsibility of the Contracted Builder or their agent to ensure that the details contained in the quotation are accurate before signing the quotation and returning it to CARBONlite. Upon its return to CARBONlite it will be deemed to have become an order.
1.2 Cancellation or a variation of the contract in any way by the Contracted Builder will incur charges payable by the Contracted Builder that will be applied at CARBONlite’s absolute discretion.
1.2.1 Where materials have been brought in or work already undertaken prior to the Contracted Builder’s having provided written notification to CARBONlite of cancellation or variation so that any of those materials or that work becomes redundant as a result of the cancellation or variation then CARBONlite’s costs incurred in obtaining such materials or in carrying out that work shall be included in the valuation of charges incurred by reason of the cancellation or variation, along with any costs associated with removing or altering the materials or work performed plus a reasonable allowance for CARBONlite’s margin for profits and overheads on the costs incurred;
1.2.2 Where the Contracted Builder does notify CARBONlite in writing of a request to vary the works before the works have been commenced a fair price shall be agreed in writing by the Contracted Builder and CARBONlite prior to CARBONlite proceeding with any part of the variation concerned;
1.2.3 If agreement on price cannot be reached, and upon written direction from the Contracted Builder to CARBONlite to proceed with the requested variation then CARBONlite shall maintain records of labour and materials used to which a reasonable allowance for CARBONlite’s margin for profits and overheads on the costs incurred will be added and payable by the Contracted Builder;
1.2.4 These amounts will be payable by the Contracted Builder within 7 days of being invoiced by CARBONlite and if relevant to a specific stage of the work in accordance with the terms of that stage.
2.1 The Contracted Builder is responsible for obtaining all necessary authorities, permits and approvals from the appropriate Statutory and Governing bodies.
2.2 For Building Approval CARBONlite provides detailed layout and frame specifications. Full computations will only be provided electronically upon request and will incur an administration charge by CARBONlite.
3. Price and Payment
3.1 The prices on the quotation shall remain current for a period of 30 days from the date of the quotation, after which CARBONlite reserves the right to review the quoted price.
3.2 The quoted price is based on the supplied and agreed specifications for the goods and services at the time of quotation. Any change or variation instigated by the Contracted Builder will involve a review, and potential change, of the original price by CARBONlite, and may incur an administration fee.
3.3 Payment for the goods and services by the Contracted Builders can be made by cash, cheque or electronic funds transfer. These funds must be cleared prior to the manufacture and subsequent delivery of any goods and services to the Contracted Builder as per the payment terms below.
3.3.1 10% due with the signed quotation
3.3.2 20% due once shop drawings are complete, checked and signed – payable within 7 days and prior to commencement of prefabrication
3.3.3 60% due after prefabrication is completed – payable within 7 days and prior to delivery
3.3.4 10% due on completion. Amount due after completion and on hand over of CARBONlite
3.4 CARBONlite will in good faith manufacture to the original and agreed delivery date. If the Contracted Builder postpones the original delivery date, CARBONlite will invoice the job based on the terms and the original delivery date and will then store the job until the Contracted Builder advises CARBONlite of the new delivery date. Storage costs of the goods after the scheduled delivery date will be incurred by the Contracted Builder at a rate of $1000 plus GST per day. Additional costs may be incurred due to charges of other contractors (eg. transport). If the change of delivery date results in delays of other CARBONlite projects, those costs may also be passed on. Forseeable delays must be communicated to CARBONlite 1 week in advance.
3.5 The title for the goods and services remains with CARBONlite until CARBONlite has received full and cleared payment for those goods and services.
3.6 CARBONlite shall be at liberty in its absolute discretion to charge the Contracted Builder interest on all overdue accounts at the prevailing standard money rate plus 2 percentage points, calculated daily and charge to the Contracted Builder any expenses incurred in the collection process for these outstanding monies.
4.1 CARBONlite has a current $20M public and product liability insurance cover and workers compensation insurance.
4.2 The Contracted Builder is required to have, with a reputable insurer, appropriate insurance cover for building and construction. CARBONlite may request the Contracted Builder to provide evidence of the currency of these policies.
5.1 The initial delivery date scheduling is determined by CARBONlite, in agreement with the Contracted Builder, at the time of the Contracted Builder signing the order. CARBONlite shall endeavour to supply the goods and services within the agreed delivery schedule. If at any time CARBONlite becomes aware that completion of the CARBONlite work or any stage of that work may be delayed then CARBONlite shall forthwith notify the Contracted Builder in writing of this circumstance.
5.2 CARBONlite shall not be liable for any failure to supply or deliver the goods and services on the agreed date due to any occurrence beyond its reasonable control or knowledge. The delivery date is not an essential part of the contract and CARBONlite can have no liability for any claim for liquidated damages made against or by the Contracted Builder.
5.3 Upon handover of the project, a joint inspection of the building will be made by CARBONlite and the Contracted Builder. Both parties will sign a declaration that the building performs as per the Blower Door test. If there are any variations to the performance after this declaration is signed, CARBONlite will not be liable.
5.4 Any additional costs incurred to deliver the goods and services beyond the delivery point agreed on the quotation shall be at the Contracted Builder’s expense.
5.5 The Contracted Builder shall be responsible to CARBONlite for any additional costs incurred as a result of the Contracted Builder failing to take delivery of the goods and services at the time and place specified and agreed.
6.1 Site conditions, including safety and access, are the responsibility of the Contracted Builder and any issues need to be resolved before the scheduled delivery.
6.2 The delivery driver is empowered to act as CARBONlite’s agent in the determination of the site safety with respect to the delivery stage and can decline to unload if it is considered unsafe to do so.
6.3 The safe operation of the truck mounted crane is the sole responsibility of the driver/crane operator and if it is deemed unsafe, by this person, to place the load where directed by the Contracted Builder or their agent for whatever reason then the load will be placed as near as practicable to the preferred location or where advised by the Contracted Builder or their agent. Any additional cost to place the load at a later date will be solely at the Contracted Builder’s expense.
6.4 If a redelivery is necessary due to inadequate site access or unsafe site conditions it will be at the Contracted Builders expense.
7. Dispute Resolution
7.1 In the situation where a dispute or claim arises, the parties will seek to resolve the issues through informal discussion before approaching and using a mutually agreed and independent third party to act as a mediator.
7.2 No proceedings may be commenced in any court or tribunal until after attempting to resolve the issues by informal discussion and mediation.
8. Inclusions and Exclusions of Services under the Agreement
8.1 CARBONlite will provide the development and documentation of shop drawings and a review of the suitability of the project/s for the PANELlite construction system.
8.2 Unless otherwise agreed to in writing by CARBONlite the inclusions and exclusions set out below are required to be completed by the Contracted Builder.
8.3 Unless negotiated in writing, CARBONlite will not provide services such as those listed but not limited to: Architectural Design Fees, Interior Design Fees, Submissions to councils and relevant authorities, the arrangement and engagement of a building certifier or the associated fees of these or any sub-consultants as part of the agreement for the PANELlite construction system.
8.4 CARBONlite will not enter into a building contract with the client as a part of the delivery of the PANELlite construction system. The Contracted Builder is to enter into a contract with the client and should nominate CARBONlite as a nominated supplier of PANELlite.
8.5 CARBONlite will only cover professional indemnity and other insurances on a product basis. CARBONlite will not cover Housing Indemnity (Home Warranty) Insurances, Public Liability and Construction Works Insurances associated with the whole construction.
8.6 CARBONlite will deliver, assemble and provide an airtightness test on the PANELlite construction system on site, by nominated CARBONlite employees and contractors. No other contractors are to install or handle the product on site until the quality assurance, airtightness test is complete.
8.7 CARBONlite, as a part of the agreement with the PANELlite construction system, will not without prior written communication perform site work that is out-of-scope with the delivery, erection and testing of the PANELlite construction system on site. This includes but is not limited to: Site Clearing, Soil Erosion, On Site co-ordination and supervision by site foreman, Site Cleaning that is not associated with the erection of the PANELlite construction system, demolition and excavation. Exclusions also include but are not limited to: External Cladding, Internal Lining, Roof Cladding, Fit-Out, Fascia Boards, Eave Sheets and Guttering, Plastering, Painting, Application of Surface Finishes, Joinery and associated installation, Masonry and Tiling Work, Plumbing and Drainage, Electrical Work, externally and internally, supply of windows and doors, supply and installation of appliances.
8.8 External works prior to and after the erection of the PANELlite construction system is the responsibility of the Contracted Builder. The Contracted Builder must carry out the associated works to ensure the integrity of the build process and incorporation of the PANELlite construction system on site and its coordination with relevant trades and the critical path of the project.
8.9 CARBONlite will install conduit through panels and seal the associated penetrations if the conduit is specified and described before the signing of the quote and if amended, amended before the production of the panels commence.
8.10 CARBONlite will install windows into the PANELlite construction system if agreed to in writing and the windows are paid for and delivered on site. If the windows are not delivered by the delivery date of the PANELlite construction system and CARBONlite need to arrange an additional trip for window installation, the Contracted Builder will be liable for the costs of the additional trip and associated expenses.
8.11 CARBONlite will not provide Passivhaus Certification with the delivery of the PANELlite construction system, unless communicated in writing by the Contracted Builder or the Client and it is quoted and included in the scope of work upon signing the quote for such certification.
8.12 Any additional engineering design and advice outside the scope of the PANELlite construction system undertaken by an external engineer will incur a cost to the Contracted Builder or Client, or whoever has engaged the engineer for the associated services. CARBONlite will not engage an engineer for services outside the scope of the PANELlite construction system.
8.13 CARBONlite will provide the associated engineering of the PANELlite construction system to the project’s requirements and determine the sizes of structural members within the panels in accordance with AS1684, The Timber Framing Code.
9. Repair and Warranty
9.1 CARBONlite will provide repair or replacement of PANELlite panels where and limited to: damages incurred before delivery on site, damages incurred to the product during transportation, where the dimensions of the panels do not align with CARBONlite’s shop drawings or where the shop drawing of the panel does not reflect the intended design or written communication outlining any design changes and damages incurred to the panels during their erection on site.
9.2 CARBONlite does not cover repair or replacement of panels where project dimensions communicated to us prior to production are incorrect or damages incurred after the quality assurance blower door airtightness test carried out by CARBONlite.
10. Responsibility and Ownership of Product
10.1 The design and processes of the PANELlite construction system will always remain the Intellectual Property of CARBONlite.
10.2 The PANELlite panels specified by the Contracted Builder will remain the property of CARBONlite during production, transportation and erection, and until payment is made in full.
10.3 The PANELlite panels specified for the project will become the responsibility and fall under the ownership of the Contracted Builder after the quality assurance blower door airtightness test carried out by CARBONlite at the completion of the assembly of the building envelope.