Terms of Service

These Terms of Service (the Terms) govern the supply of construction and building services by Inone Constrcution Pty Ltd (ABN 93 701 490 137) (we, us or our) to you (the Client). By requesting a quotation, accepting our services, or engaging us under a written building contract, you agree to be bound by these Terms. Where a signed building contract applies, that contract prevails over these Terms to the extent of any inconsistency.

1. Quotations and Estimates

• All quotations issued by us are valid for 30 days from the date of issue unless otherwise stated in writing.
• Quotations are based on information available at the time, including site inspections, plans and specifications supplied by you. Where that information proves inaccurate or incomplete, we may issue a revised quotation.
• Estimates provided without a full site inspection are indicative only and do not constitute a fixed price.
• Quotations do not include latent conditions (such as hidden structural defects, asbestos, poor soil conditions or underground services) unless expressly stated.

2. Acceptance and Formation of Contract

• Our engagement commences only when you accept our quotation in writing, pay any required deposit, and (where required by Western Australian law) a written home building contract is signed by both parties.
• Verbal instructions will not be treated as acceptance of a quotation or authorisation for variations.
• Work will not commence until all statutory approvals, permits and clearances required for the works have been obtained where it is your responsibility to obtain them.

3. Scope of Works and Variations

• We will carry out the works described in the accepted quotation and associated documentation with due care and skill and in accordance with the National Construction Code and applicable Western Australian building standards.
• Any change to the agreed scope (including changes to materials, finishes, layout or timeline) must be requested in writing and confirmed by us in a written variation. Variations may affect the contract price and completion date.
• We will not commence variation work until the written variation has been accepted and any associated payment made.

4. Price, Invoices and Payment

• The contract price is set out in the accepted quotation or signed building contract and is expressed in Australian dollars and inclusive of GST unless stated otherwise.
• We may issue progress claims at the stages set out in the quotation or contract. Invoices are payable within 7 days of issue unless otherwise agreed in writing.
• Deposits and progress payments reflect work performed and materials supplied, as required by the Home Building Contracts Act 1991 (WA).
• Overdue amounts may accrue interest at a reasonable rate and we may suspend the works until outstanding amounts are paid, to the extent permitted by law and the contract.
• Where you dispute an invoice, you must notify us in writing within 7 days, setting out the reasons, and pay all undisputed amounts when due.

5. Timeframes and Delays

• Any completion date is an estimate made in good faith and is subject to extension for delays beyond our reasonable control, including weather, site conditions, shortages of labour or materials, delays by other trades engaged by you, and delays in approvals or inspections.
• We will notify you in writing of any anticipated delay and the likely impact on the program of works.

6. Access to Site and Safety

• You must provide safe, lawful and unobstructed access to the site at reasonable times for the duration of the works, and ensure the site complies with applicable work health and safety requirements.
• You must disclose any known hazards on the site, including asbestos or other hazardous materials, before works commence.
• The site is a workplace. Visitors, including you, must follow our reasonable safety directions while on site.

7. Warranties and Defects

• We warrant that the works will be carried out with due care and skill, that materials supplied by us will be fit for purpose and reasonably suitable, and that the works will be completed within a reasonable time, as required by law.
• Where a defect in our workmanship or materials arises during the applicable statutory warranty period, we will rectify it at our cost, provided you notify us in writing at ceo@inoneconstruction.site.
• The statutory warranty period does not apply to fair wear and tear, damage caused by you or third parties, or work and materials altered by others after completion.

8. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right, remedy or guarantee applied to you by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) or any equivalent State or Territory legislation that cannot lawfully be excluded. Under the Australian Consumer Law, consumers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Consumers are also entitled to have goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. Our services also come with guarantees that cannot be excluded under the Australian Consumer Law.

9. Limitation of Liability

• To the fullest extent permitted by law, our liability for any claim arising from the works is limited, at our option, to the re-supply of the services, the cost of re-supplying the services, or the payment of the reasonable cost of having the services re-supplied, except where the claim relates to a major failure or a right that cannot be excluded.
• We are not liable for indirect or consequential loss, loss of profit, or loss arising from the acts or omissions of third parties engaged by you.
• You are responsible for obtaining any insurance over the works and the property that you consider appropriate. We maintain the insurance required for a registered building contractor in Western Australia.

10. Ownership, Materials and Retained Rights

• Ownership of materials and equipment installed in the works passes to you on receipt of full payment for the relevant progress stage.
• Plans, specifications, drawings, designs and other documentation prepared by us remain our intellectual property and may not be reproduced or used for other projects without our written consent.
• Documents you supply (including architectural drawings and engineering) remain your responsibility and you warrant you have the right to use them for the works.

11. Termination and Suspension

• Either party may terminate the engagement by written notice if the other party commits a material breach and fails to remedy it within 14 days of written notice of the breach.
• On termination, you must pay for all work performed and materials supplied (or specially ordered) up to the date of termination.
• Statutory rights regarding termination under the Home Building Contracts Act 1991 (WA) and the Australian Consumer Law are unaffected by this clause.

12. Dispute Resolution

• If a dispute arises, please contact us first at ceo@inoneconstruction.site. We are committed to resolving concerns promptly and in good faith.
• If the dispute is not resolved within 14 days of written notice, either party may refer the matter to mediation in Perth, Western Australia, or to the appropriate Western Australian tribunal or court.
• Nothing in this clause prevents either party from seeking urgent injunctive relief or exercising statutory remedies.

13. Force Majeure

We are not liable for failure or delay in performing our obligations caused by events beyond our reasonable control, including natural events, epidemics, government restrictions, industrial action, or supply chain failures. Where such an event occurs, we will notify you and the program of works will be extended reasonably.

14. Privacy

We collect and handle your personal information in accordance with our Privacy Policy. Information you provide is used to quote, deliver and administer the works and to meet our legal obligations.

15. Changes to These Terms

We may update these Terms from time to time. The current version published at inoneconstruction.site/terms.html applies to any engagement accepted after the update. The version in force at the time you accept a quotation governs that engagement.

16. Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the jurisdiction of the courts and tribunals of Western Australia.

17. Contact

Questions about these Terms can be directed to:

Inone Constrcution Pty Ltd
ABN 93 701 490 137
Perth, WA, Australia
Email: ceo@inoneconstruction.site
Website: inoneconstruction.site

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