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TERMS & CONDITIONS

Please note that MODUBUILD has not reviewed or accepted any BUYER supplied terms. Any proposal made by Modubild is based on the following terms and is subject to MODUBUILD approval of MODUBUILD credit application completed by the BUYER.

General Conditions

  1. This quotation together with these Terms and Conditions constitutes the entire agreement between the BUYER and MODUBUILD in connection with the provision of goods and services, except in circumstances where:
    a) MODUBUILD signs and returns, and the BUYER counter signs and returns a copy to MODUBUILD, a written construction contract at some future time; AND
    b) MODUBUILD commences work on site at BUYER Project after the execution of the written construction contract referred to in sub-clause 1(a) above; OR
    c) MODUBUILD issues the BUYER with a later revised version of these Terms and Conditions.
  2. For the avoidance of doubt, the provision of a construction contract or any other document by the BUYER will not override these Terms and Conditions, regardless of whether MODUBUILD commences work after receiving such document. These Terms and Conditions prevail.
  3. The BUYER shall not rely on MODUBUILD for the performance of any work detailed in a quotation provided by MODUBUILD until either:
    a) the BUYER signs and returns the quotation and MODUBUILD countersigns it; OR
    b) MODUBUILD commences work on-site at BUYER’s project.
  4. MODUBUILD may, at any time prior to the completion of the actions outlined in clause 3 above, decline to carry out the work the subject of its quotation at its absolute discretion.
  5. Quotations are subject to MODUBUILD approval of a credit limit for the BUYER. MODUBUILD relies on credit limits approved by its Trade Credit insurer. The approved limit may be withdrawn immediately upon cancellation of such cover.
  6. MODUBUILD holds statutory Workers Compensation insurance and Public Liability insurance with cover of $20 million. Contract Works Insurance and Professional Indemnity insurance are not applicable unless agreed in writing.
  7. MODUBUILD may subcontract installation of the work to others but will retain full responsibility for the execution of the work in every respect.
  8. Any communications regarding design, coordination, variations, disputes and the like are to be communicated with MODUBUILD’ head office.
  9. “Delay Costs” means all direct and indirect costs arising from delay or disruption including labour, supervision, standing time, re-attendance, double handling, storage, escalation, cost increases, financing costs and margin.
  10. A direction received by MODUBUILD in writing from the BUYER or its site personnel will be deemed a direction from the BUYER. If MODUBUILD reasonably determines a direction to be a variation it will notify the BUYER and advise the cost and time consequences. MODUBUILD is not obliged to proceed with a variation until scope and price are agreed in writing. If the BUYER directs work that constitutes a variation and does not dispute the variation within a reasonable time, the work will be treated as a variation. MODUBUILD will be entitled to the cost of the variation, margin and an extension of time.
  11. MODUBUILD, its employees and subcontractors will not be required to join a union or pay site allowances not expected on non-union sites. MODUBUILD must have full and free site access during normal working hours.
  12. Pricing assumes completion of delivery or installation within 60 days of quotation. If the BUYER’s site is not ready within that period, MODUBUILD is entitled to an extension of time and Delay Costs as a variation.
  13. MODUBUILD is entitled to recover Delay Costs arising from discrepancies, errors or ambiguities in information provided by the BUYER.
  14. MODUBUILD requires up to 5 weeks lead time to complete work once the BUYER has informed MODUBUILD in writing that the project is ready to measure. This lead time may be increased where MODUBUILD is waiting on delivery of materials. The BUYER agrees to allow such lead time as an extension of time (EOT) without further request by MODUBUILD.
  15. Sufficient time and access will be provided to MODUBUILD to enable carrying out of the work. If access or time is restricted, or works are disrupted by other trades, sequencing issues or site congestion, MODUBUILD is entitled to an extension of time and Delay Costs as a variation.
  16. Suspension directed by the BUYER or any delay not caused by MODUBUILD entitles MODUBUILD to an extension of time and Delay Costs as a variation.
  17. Head contract terms not both reviewed and accepted in writing by MODUBUILD are unenforceable upon MODUBUILD.
  18. MODUBUILD is not bound by terms in tender documents supplied by the BUYER except where required by law.
  19. In the event of termination of an agreement by the BUYER, MODUBUILD may make a payment claim on or after the day of termination. If the termination is for other than default by MODUBUILD, the BUYER will pay MODUBUILD for any costs of termination incurred by MODUBUILD, for any work in progress onsite and/or offsite, and for any materials purchased specifically for use in the work.
  20. In the event of insolvency of the BUYER any contract between the parties is terminated and the unpaid value of work completed, materials and work in progress, together with any retentions held, becomes immediately payable to MODUBUILD.
  21. If the BUYER becomes aware of anything which could result in a set-off against MODUBUILD, the BUYER is to notify MODUBUILD immediately when the BUYER should be aware of such thing.
  22. The BUYER indemnifies MODUBUILD for all loss, cost, expense, Delay Costs or liability arising from breach of these terms, inaccurate information, site conditions, delay, suspension, restricted access, acts or omissions of the BUYER or others on site except to the extent caused by MODUBUILD negligence. The BUYER is liable for all claims, costs, losses, expenses or damages suffered or incurred by MODUBUILD arising from breach of contract by the BUYER including recovery costs, internal administration costs and legal costs on a full indemnity basis. The maximum liability of MODUBUILD under a contract is limited to 50% of the contract sum and neither party is liable for consequential loss.
  23. Title to goods supplied by MODUBUILD remains with MODUBUILD until payment is received. This clause constitutes a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) and creates a security interest over goods supplied by MODUBUILD and their proceeds. To the extent permitted by law the BUYER waives its right to receive notices under the PPSA including verification statements. If the BUYER disposes of goods supplied by MODUBUILD, or if such goods are affixed to land before payment of the purchase price and any other amounts owing to MODUBUILD, the BUYER agrees that the proceeds from disposal are the property of MODUBUILD and are held on trust for MODUBUILD to the extent of the amount owing.
  24. The Secure Local Jobs Code is not applicable.
  25. Pricing supplied by MODUBUILD is based on carpet being left out of wardrobes. If carpet is laid before work by MODUBUILD additional cost will apply.
  26. Installations into very hard porcelain (Dexton or similar) or Stone tiles incur a surcharge of $ 7.50 / hole (for fixing due to excess labour costs and drill bits.)
  27. Any pipework or cabling in walls and any underfloor heating should be clearly marked by the BUYER for installers to see. MODUBUILD will not be liable for damage to unmarked services.
  28. MODUBUILD recommends that the builder silicones bathrooms prior to showerscreen install but will proceed to install once directed to by the site team and will not be liable or responsible for any resulting issue.
  29. Shower screens are designed to deflect water and be a water barrier, not waterproof (like a fish tank), so are not designed to be subjected to high pressure direct flow water testing for leaks, as using a shower head to direct water at pressure directly against the frames at the sides. The screens integrity should be 'flood tested' by blocking the drain and filling the shower recess with water, but not tested with direct streams of water. Like windows, the screens are not guaranteed to be waterproof under any form of direct-stream water testing and any extra sealing work to make them stand up to this type of testing may be done at extra cost.
  30. Any warranties, express or implied, are subject to Modubuild’s Care instructions and warranty conditions’ which are available on request from MODUBUILD.
  31. Prices are based on supplier pricing, freight rates, tariffs, duties and exchange rates current at the date of quotation. If MODUBUILD reasonably incurs increases in the cost of materials, components, freight, tariffs, duties or supplier pricing beyond its reasonable control due to geopolitical events, supply chain disruption, trade restrictions, currency fluctuation or market escalation, MODUBUILD is entitled to be paid a variation for the increased costs plus 15% margin and an extension of time where applicable. If MODUBUILD is unable, despite reasonable efforts, to procure materials or components required for the works due to supply shortages, supplier allocation, freight disruption or trade restrictions beyond its reasonable control, MODUBUILD may propose alternative materials, adjust the contract price or time for completion, or terminate the agreement without liability.
  32. MODUBUILD is not liable for damage to other property unless negligent.
  33. The BUYER will be responsible to protect MODUBUILD’s materials and tools delivered to site or goods installed, from damage or theft, and indemnifies MODUBUILD against loss or damage thereto.
  34. Clerical errors in computations, typing or otherwise of quotations, acceptance, offers, invoices, credit notes or specifications by MODUBUILD, shall be subject to correction.
  35. MODUBUILD may, in its absolute discretion, pursue overdue debts in a court of competent jurisdiction in the State of New South Wales, or any other State. Such action shall not amount to an election where MODUBUILD holds jurisdictional standing in alternative jurisdictions.

Payment Terms

  1. Payment Claims may be made under the Security of Payments (SOP) Act in the state of a project of the BUYER, each Friday and on the day of completion of work. Payment claims and other notices under the SOP Act may be emailed.
  2. Payment is due within 20 business days of each claim (15 business days in ACT). Interest will accrue on overdue debts at the rate of 22.5% per annum, calculated on daily rests. As MODUBUILD does not run monthly accounts, a monthly account keeping fee of $60 will apply to overdue amounts.
  3. A Security Deposit of 30% of contract price is to be paid on order (GST not applicable) if advised by MODUBUILD. The Security Deposit, or that part of it remaining after MODUBUILD has had recourse to it, will be credited against MODUBUILD’s final invoice and the balance if any will be returned to the BUYER within 10 business days of final payment.
  4. Deposits are non-refundable.
  5. MODUBUILD holds and relies on Trade Credit Insurance provided to a limit (on the BUYER) allowed by the Insurer. MODUBUILD is not obliged to allow any credit exposure in relation to the BUYER more than the then current limit held by MODUBUILD. If credit insurance on the BUYER is not available to MODUBUILD or is insufficient, MODUBUILD may suspend at the cost of the BUYER until credit insurance is available again, unless payment terms acceptable to MODUBUILD are implemented.
  6. Payments by credit card incur a 1.1% surcharge.

FORCE MAJEURE

  1. MODUBUILD is not liable for delay or inability to perform the works caused by events beyond its reasonable control including acts of God, war, civil unrest, terrorism, government restrictions, trade restrictions, supply chain disruption, freight disruption, strikes, lockdowns, pandemics or similar events. In such circumstances MODUBUILD is entitled to an extension of time and Delay Costs as a variation.

In view of MODUBUILD’s desire to avoid delaying the BUYER’s projects and tight time frames usually available, any Purchase Order issued or written direction to proceed will confirm the BUYER’s acceptance of these terms as the terms exclusively agreed between the parties.