Terms of Service

1. Agreement to these terms

By engaging Gurudev Constructions Pty Ltd (ABN), requesting a quotation, accepting an estimate, or signing a contract with us, you agree to be bound by these Terms of Service. These terms apply together with any signed building contract, work order, variation document or specification agreed between you and us. Where there is any inconsistency, the signed building contract will prevail to the extent of that inconsistency.

If you do not agree with these terms, please contact us before engaging our services so we can address your concerns.

2. Who we are

Gurudev Constructions Pty Ltd is a building and construction company based in Melbourne VIC, providing residential and commercial construction, renovations, extensions, and related project management services. References to "we", "us" and "our" mean Gurudev Constructions Pty Ltd. References to "you" and "your" mean the client engaging our services.

3. Quotations, estimates and pricing

• Quotations issued by us are valid for thirty (30) days from the date of issue unless otherwise stated in writing.
• Estimates are provided in good faith based on the information available at the time. Final pricing may vary where site conditions, materials costs, regulatory requirements or client instructions change the scope of work.
• Quotations are based on the scope of work described in the quotation document. Work outside that scope will be treated as a variation and priced separately.
• Prices are expressed in Australian dollars and, unless expressly stated otherwise, are exclusive of Goods and Services Tax (GST), which will be added where applicable in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Acceptance of a quotation may be subject to a signed contract and payment of a deposit in accordance with applicable Victorian building legislation.

4. Scope of works and variations

We will carry out the works described in the accepted quotation or contract with due care and skill and in accordance with the plans, specifications and relevant Australian Standards. Any change to the scope of works, including changes to materials, finishes, layouts or timelines, must be agreed in writing as a variation. Variations may affect the contract price and the practical completion date, and we will advise you of any such effect before proceeding with a variation where reasonably practicable.

5. Client responsibilities

• Provide clear and timely instructions, approvals and decisions reasonably required for us to proceed with the works.
• Ensure lawful access to the site during agreed working hours, including access for our personnel, subcontractors and deliveries.
• Obtain, or work with us to obtain, all permits, planning approvals and certifications required for the works where the contract so provides.
• Disclose any known site conditions, hazards, asbestos, underground services or encumbrances that may affect the works.
• Make progress payments in accordance with the payment schedule in your contract.

6. Payment terms

• Progress payments are payable in accordance with the payment schedule set out in your contract or quotation.
• Invoices are payable within seven (7) days of the date of the invoice unless your contract states another period.
• Overdue amounts may attract interest or administrative charges as permitted by your contract and applicable law.
• We may suspend works if a payment due to us remains unpaid after the expiry of any notice period required by law, including the Security of Payment legislation applicable in Victoria.
• You must not withhold payment except as expressly permitted by law.

7. Delays, site conditions and unforeseen circumstances

While we aim to complete works within the timeframes stated in your contract, building works can be affected by factors beyond our reasonable control, including weather, ground conditions, supplier delays, labour availability, changes to regulations, and instructions from authorities. Where such factors occur, we will notify you and, where applicable, claim an extension of time in accordance with your contract. Latent site conditions discovered during works will be assessed and, where they affect cost or time, handled in accordance with the variation and extension of time provisions of your contract.

8. Materials, workmanship and warranties

We supply materials and carry out work so that they are fit for purpose and of a quality consistent with the industry standards applicable in Victoria. Where the works constitute domestic building work, the statutory warranties set out in the Domestic Building Contracts Act 1995 (Vic) apply and are incorporated into our engagement. Manufacturer warranties on supplied products and materials will be assigned or passed on to you to the extent we are able to do so. Warranty obligations do not apply to fair wear and tear, misuse, unauthorised alterations, or work carried out by others after completion.

9. Australian Consumer Law

Nothing in these Terms of Service excludes, restricts or modifies any right, remedy or guarantee that cannot be excluded, restricted or modified under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law.

Under the Australian Consumer Law, our services come with guarantees that cannot be excluded, including that services will be provided with due care and skill, will be reasonably fit for purpose, and will be supplied within a reasonable time. If our services fail to meet a consumer guarantee, you may be entitled to a remedy such as re-supply of the services, payment of the cost of having the services supplied again, or other compensation as provided by law.

To the maximum extent permitted by law, and except for rights that cannot be excluded, our liability arising from the supply of services is limited, at our option, to the re-supply of the services or the payment of the cost of having the services supplied again.

10. Limitation of liability

To the extent permitted by law and subject to clause 9, we are not liable for indirect, incidental, special or consequential loss, including loss of profits, loss of use, or loss of anticipated savings, arising from the works. Where you own or occupy the premises, you should arrange appropriate insurance for the works and the site as recommended in your contract. Nothing in this clause limits liability that cannot lawfully be limited.

11. Intellectual property

All designs, drawings, plans, schedules, specifications, quotations and documentation prepared by us remain our intellectual property unless otherwise agreed in writing. You are granted a licence to use such documents for the purposes of the works at the site for which they were prepared. You retain ownership of documents and designs you supply to us.

12. Site safety

Our personnel and subcontractors comply with Work Health and Safety laws applicable in Victoria. You must not interfere with safety measures on site and must notify us of any hazards you become aware of. Access to the site during works is at your own risk and, where required, restricted to escorted visits arranged with our site supervisor.

13. Defects and rectification

If you identify a defect in our works during the defects liability period stated in your contract, notify us in writing and we will assess and rectify defects attributable to our workmanship or materials within a reasonable time. This clause operates in addition to, and does not limit, your rights under the Australian Consumer Law or any statutory warranty applicable to domestic building work.

14. Suspension and termination

Either party may terminate the engagement in accordance with the termination provisions of the applicable contract or, where no contract term applies, by giving reasonable written notice. On termination, you must pay for all works performed, materials supplied and reasonable costs incurred up to the date of termination. Clauses which by their nature survive termination, including warranty, limitation of liability and governing law clauses, will continue to apply.

15. Dispute resolution

If a dispute arises, we ask that you first raise it with us in writing so we can work towards an informal resolution. Where the dispute is not resolved through discussion, the parties may agree to mediation. Disputes relating to domestic building work in Victoria may also be referred to the Victorian Civil and Administrative Tribunal (VCAT) or the domestic building dispute processes available under Victorian law. Nothing in this clause prevents either party from seeking urgent injunctive relief.

16. Force majeure

We are not liable for failure or delay in performing our obligations to the extent caused by events beyond our reasonable control, including natural disasters, pandemics, government restrictions, industrial action, or failure of utilities or supply chains, provided we notify you and take reasonable steps to mitigate the impact.

17. Privacy

We handle personal information in accordance with our Privacy Policy. By engaging our services, you consent to us collecting, using and disclosing personal information as described in that policy, including for the purposes of delivering the works, administering payments and meeting legal obligations.

18. General

• These terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
• If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in force.
• Our failure to enforce a right under these terms is not a waiver of that right.
• We may update these Terms of Service from time to time. The current version published on this website applies to new engagements, and the version current at the time you signed your contract governs existing engagements.

19. Contact us about these terms

If you have any questions about these Terms of Service, or you wish to exercise any right under these terms or under the Australian Consumer Law, please contact us by email at ceo@gurudevconstructionsau.space. We aim to respond to written enquiries within two (2) business days.

Gurudev Constructions Pty Ltd (ABN) · Melbourne VIC, Australia.