Unless specifically specified to the contrary in the tender/ quotedocument the following TenderConditions & Qualifications apply.
1.Any payments made by credit card will incur a credit card fee of 1.5%. For AMEX cards the card fee is 3%.
2.All plans and associated documents prepared or arranged byOCremain the property of the Builder and cannot be used or relied upon in anyway by the Owner other than building with OC. Should a release of such materials be sought then the cost of release will be applied and a separate release agreement will need to be entered. OCreserves the right to refuse such release requests.
3.If during Design & Approval the sketch plans (contained herein) cannot be approved and/or the requirements to gain approval significantly and materially (by more than 5% overall and outside the scope of sub clauses (2.1) and (2.2)) change the scope, cost and/or nature of the build as outlined withinthis Contract and both Builder and Owner(s) cannot otherwise agree in writing and/or formal variation form to those changes then either party can rescind the contract. This clause does NOT absolve the Owner(s) from any/all the other clauses contained herein or within the Contract.
4.While OCmakes its best endeavorsto ensure the accuracy of site measurements and any levels taken, all sketches, architectural plans contained herein are not based on a registered survey and therefore changes may occur once detailed surveys are conducted.
5. For any items not specifically specified "Builder Range" is to be assumed to be part of the standard range from the relevant supplier in both colour option, model and size.
6. Standard connection for services assumes connection to existing system (at the nearest point as selected by the Builder) up to a maximum of 15m trenching(unless specified in tender). If the existing system is found to be inadequate and/or absorption pit is required, this will constitute a variation to the contract.
7. Any works in the build area by theOwner(s) must be completed after handover unless otherwise agreed or noted in the Contract.
8. Strictly only those items noted in the demolition plan noted asOCresponsibility is included and no other item is to be assumed to be included.
9. In such situations where there are items required forOC that are outside the scope of OC. e.g. Driveways, Landscaping etc.an interim OC with the Owner(s) being responsible for the final OC.
10. This tender (or Contract) assumes as a mandatory requirement/minimum there is machine access (from the street) defined as 1m wide accessible path to the proposed build site and onsite parking (off the street) to be used for the storage \drop-off fordeliveries.
11. OCreserves the right to have a SKIP bin\Temporary Toilet\Signage located on the front lawn, rear, side of property and\or driveway of the main house. Final positions to be decided on site. The Builder reserves the right to make changes to any located item at any time.
12. While OCwill make its best endeavorswhen attending to any rectification workOCwill not be liable for slight discolorationor differences between replacement and existing materials and will not be liable in such situations where replacement material is not available in the same specification.
13. If demolition needs to be carried out either by OCor clients, in order to clear the site for a granny flat / house or any low rise constructions, there might be a difference innatural ground level to what was identified during the initial survey. In such cases clients would be charged the slope cost as per the schedule of rates added in the contract
14. If demolition of structured is included, then works relate to only the fixed structure and not loose items that may be found within.
15. Ceiling height is measured from top of slab/structural particle board up to the underside of the roof joist excluding floor finishes and plasterboard.
16. Mortar finish and colour will be up toBuilders discretion.
17. The Builder reserves the right to swap any specified item(s) listed herein with a comparable substitute due to availability.
18. The Builder reserves the right to store material on site at the most suitable spot (including lawn areas, driveways etc.), Andwill not be responsible for any damages including fencing.
19. Orientation of tiles onany plans is for illustration only.
20. Graphic renders, floor plans are for illustration onlyand cannot be relied upon for specification or detail.
21. The Builder does not take responsibility for variations in colour, tone or finish of any material for selections made in person at colour selection and/or online.
22. Owner(s) to provide free and unfetteredaccess to power and water for theBuilder/ contractors.
23. OCreserve the right to lock access to the entire work area for the granny flat/ house / or any low rise constructionand immediate surrounding areas.
24. Owner(s) is required to ensure alternate arrangements are made for clothes lines, sheds, storage area which access maybe affected by fencing, storage of materials, skips or portable toilet. OCwill not be liable for such arrangements.
25. OChas the right to use photos of the build (during and after) for marketing purposes which may include but not limited to, company website, print and other online websites.
26. OChas the right to install a sign in the front yard in order to facilitate the deliveries and for marketing purposes. Any request placed by the client to modify would be charged as a variation later.
27. Final location of connection points of storm water, sewer, power, water, phone and gas (if applicable) are subject to change by Builder on site.
28. Final location of any external tap, meters, electrical sub-board, RWT & pump, HWS and A\C Compressor are subject to change by Builder on site without Owner(s) authorisation.
29. When building close to existing boundary fences and/or delivering material through tight corridors the Builder is to take care but will not be responsible for any minor/ majordamage to any fence panels.
30. OCdoesn't take any responsibility or guarantee whatsoever that items being relocated won’t be damaged e.g. HWS, AC etc.
31. Due to planning height restrictions generally SLAB or RAISED PIER foundations maybe lower (or higher) than existing\prevailing ground levels by approximately 300-400mm and attached alfresco\patio or similar structures maybe lower\higher by even more. In these situations, additional landscaping, retaining and\or stormwater solutions maybe required at the Owner(s) expense.
32. Clearance area of approximately 1m around the entire building footprint is required. Unless noted in the demolition plan such works is not included nor is making good to damaged areas including but not limited to existing concrete\paved\landscaped surfaceswithin this clearance area.
33. If manhole access to neighboringproperties is required, it is theOwner(s) responsibility to organise access. Alternatively exposing the sewer will incur a variation charge for machine\labour costs.
34. Up to one load of clean fill\spoil resulting from works to be removed from site. A load is defined as up to 8T (single truckload).Unless specified in tender.
35. Any Split A\C must be back to back on an external wall.
36. Floor and Wall Tiling direction is up toBuilders discretion. This includes, bathroom and kitchen splash-backetc.
37. Flooring plank direction is up to Builders discretion.
38. All glass to windows and sliding doors (if applicable), is assumed at a thickness of 3-4mm as a standard. If the glass/windows upgrade(s) is required to comply with the prevailing BASIX requirements this will be a variation to the Contract.
39. Provision of Gas services if included in thisContract is conditional upon availability of Gas to the Lot\Property.
40. Notwithstanding clause “11. Delays and Extensions of Time” of the Contract the inclusive period between the third Monday of December and 3rd Monday of the following month of January is defined as internally as the Construction Industry Shutdown period and will extend the build time accordingly if build goes over this period.
41. Any changes to the plans\specifications within theContract and colour & selection choices havebeen signed-off and\or approved set of drawings issued will incur an administration charge in addition to the cost of the variation itself. OCreserve the right to decline any variation request it deems unreasonable.
42. Any requested\required meetings must strictly be arranged during work days between 9-3pm and must be held at OCOffices unlesssite observations is strictly required.
43. The day(s) and time(s) for scheduled milestone on-site meetings is strictly to be nominated by OC. Failure to meet at these pre-defined dates\times (to be confirmed closer to the event) will result in the Owner(s) missing this opportunity until the next, milestone walk-through.
44. In the event this contract is cancelled during the cooling off period than any costsincurred e.g. survey costs are still to be deducted\charged.
45. The Builder "Schedule of Rates" form part of the Contract and is to be referenced from time to time in relation but not limited to any legal proceedings, drafting of variations etc.
46. If approval of works by relevant authorities is not granted by 182 days (approximately 6 months) of the execution of this (or proposed) Contract, then the Builder reserves the right to claim a variation against rising material \labour costs in line with prevailing inflation rate.
47. OCreserves the right to include as part of any debt recovery proceedings or counter claim, all associated costs including but not limited to, legal fees, NCAT application fees, expert witnesses and Director\Principal and relevant staff\contractors time for attending hearings. In such situations costs, will be in part calculated referencing the Contract under section “2. Labour Rates for Variations” and\or "Schedule of Rates".
48. Deletion of any items from promotions including but not limited "Home Pack", "Bathroom RenoPack", "Kitchen Reno Pack" ETC. and any seasonal/EOFY specials will not be credited. All promotions are available for a strictly limited time only and OCreserves the right to revise the terms and pricing of the offer without notice. Photos used as a guide only and may show additional upgrades\inclusions not part of these offers. OCreserves the right to revise plans, specifications and change or withdraw this offer without notice or obligation.
ExclusionsUnless specifically specified to the contrary in the tender document the following General Exclusions apply.
1. Section 94 contributions, Any Council fees and/or bond payments.
2. Long Service Levy (LSL). Thisis to be paid to directly by the owner to the department oflong service levy using the link (https://portal.longservice.nsw.gov.au/bci/Levy/Payment/Create). OCwould provide the Owner(s) with a CDC/DA application number which would be required to pay for this. Once paid OCwould require the receipt of the payment to obtain the necessary approval.
3. WAC report and\or Section 73certificate
4. Additional approvals and/or required work required / listed in specialist reports being carried out during "Design & Approval" e.g Engineering, Geotechnical, Hydraulic etc.
5. Additional approvals and/or required work required / listed by council and/or private Certifiers.
6. Cutting back existing structures such as pergolas, carports is required (e.g. due to 1m clearance requirements and\or fire rating separation of 1.8m)
7. Any consultancy or fees not listed here.
8. Any work to the existing property or any upgradesto existing services including but not limited to "Electrical Meter Box", "Existing Storm waterConnections", "Gas Meters" and/or "Water Meters". If any services are deemed needing upgrade this will be the Owner(s) responsibility and may hold up issuing OC.
9. Trees and\or Roots Removal inc Stump Grinding and\or disposal.
10. Excavation into roots and/or rock.
11. Manual labour (in any form). Unless specified otherwise in the tender.
12. Replacing existing absorption pits found to be in the wayof proposed build.
13. Any items required to achieve BASIX score and not included intender/contract.
14. Landscaping.
15. Sewer encasement of sewermains or any kind of junction relocation.
16. Rectification and\or making good to damage to existing pipework\underground services as a result of contracted works such as piers, excavation and/or trenching.
17. Asbestos removal and\or disposal
18. Any work outside the lot\block (this includes but not limited to Road, Neighboringproperties etc.)
19. Furniture and other non-specified PC Items on plans are just for illustration and not included such items may include but not limited to beds, desks etc.
20.Concrete cutting.
21.Any kind of Low e windows, or windows with glass thicker than 4 mm, if needed to comply with BASIX requirements.
22.Making good. Including but not limited to damage affecting driveways, fencing, hard surfaces such as pavers, concrete etc. resulting from works such as trenching, excavation, demolition, relocation of items, general works and\or trenching for services.
23.Any special reports, certificates and/or inspections required as a part of DA consent, either to obtain construction certificate and/or occupation certificate, including but not limited to Section 73 compliance certificate from Sydney water, any change to title or covenants of the block, maintenance schedule of storm water system, works as executed certificate and/or landscapecompliance certificate. Unless specified intender.
24.Any request for items as mentioned in point #23 would be charged as a variation and in process of obtaining those, OCwould not be held responsible for any delay
25.In case of Owner(s) suppliedplans the following exclusionsapply;
26. No allowance has been made for any NBN services. It is theOwner(s) responsibility to make the necessary enquiries and advise the Builder of any additional requirements. Any additional workswill form a variation to this tender\contract.
27. No allowance has been made for any scaffolding. If required on site this will form a variation to this tender\contract.
28. No guarantees whatsoever is given for materials and/or fixtures\fittings in those cases it is supplied by the Owner(s).
29. Sydney water pegout charges.
30. Exposing sewer mains, in case that is required to complete Sydney water pegout.
31. Demolition/pool removal.
32. Driveway(s), crossover(s), pathway(s) and retaining walls are to be done byOwner(s) after handover.
33. Natural Gas connection.
34. Concrete Piers deeper than 600 mm
35. Traffic Control
36. Decking, Stairs and/or Hand rails/Balustrades (unless specifically noted and\or shown on plans)
37. Certifier \Engineer inspection fees (if usingOwner(s) nominated Certifier and\or Engineer)