Browse Forums Owner Builder Forum 1 Jul 02, 2010 2:43 pm Do you think it is reasonable to allow (if at all possible) 7 days to go through two trucks worth of steel framing and structural steel? Would you engage in a contract with a steel frame supplier if it had the following terms and conditions: Defects The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Supplier has agreed in writing that the Client is entitled to reject, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods or repairing the Goods except where the Client has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods. Warranty Subject to the conditions of warranty set out in clause 21.2 the Supplier warrants that if any defect in any workmanship of the Supplier becomes apparent and is reported to the Supplier within fourteen (14) days of the date of delivery (time being of the essence) then the Supplier will either (at the Supplier’s sole discretion) replace or remedy the workmanship. Re: Does this sound reasonable? Would you go ahead? 2Jul 02, 2010 4:23 pm In normal circumstances - yes - it is reasonable and standard. Many builders take delivery, then claim weeks later that the delivery was short, or damaged. Is that fair? Frames are usually up within a week of delivery, so checking within that time frame is reasonable. In your case, ask if you can have 2 weeks (or whatever). Maybe they will understand. Or perhaps inspect in their factory. Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Does this sound reasonable? Would you go ahead? 3Jul 02, 2010 4:28 pm Thanks Ed I understand it would be straight forward to check and measure all the windows. I assume on an average house there would be no more than 20, 30, maybe 40 windows? But steel frame components? All the trusses and tiny eve components? There would be thousands. How would one even go about measuring and checking such a large number of items :S Re: Does this sound reasonable? Would you go ahead? 4Jul 02, 2010 4:34 pm pleasedontgo Thanks Ed I understand it would be straight forward to check and measure all the windows. I assume on an average house there would be no more than 20, 30, maybe 40 windows? But steel frame components? All the trusses and tiny eve components? There would be thousands. How would one even go about measuring and checking such a large number of items :S They can't have an out clause that excuses them not supplying what was ordered. So if they get the dimension wrong, it will always be their problem. Your worry is quantities (whether these were actually delivered) and damage (that may have happened in transit). Talk to them... Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Does this sound reasonable? Would you go ahead? 5Jul 02, 2010 4:41 pm They are saying that wrong dimensions etc classifies as a defect and therefore fits under the clause above. I've spoken to a steel frame installer and he thinks it's impossible to check for and identify ALL defects until he actually gets to the installation stage of each piece Re: Does this sound reasonable? Would you go ahead? 6Jul 02, 2010 4:49 pm pleasedontgo They are saying that wrong dimensions etc classifies as a defect and therefore fits under the clause above. I've spoken to a steel frame installer and he thinks it's impossible to check for and identify ALL defects until he actually gets to the installation stage of each piece And I am positive they can't do that... they can't get out of a duty of care of supplying what you ordered. Tell them you will report it to the ACCC. Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Does this sound reasonable? Would you go ahead? 7Jul 02, 2010 6:24 pm ACCC website... http://www.accc.gov.au/content/index.ph ... mId/815362 Quote: The shop has a sign that says 'no refunds' Traders can reduce the risk of confusion and disagreements by making you aware of any additional policies they have regarding refunds and exchanges before you make your purchase. A clear sign in the shop window or on the counter is a good way for traders to communicate their policy to you. Traders have to be very careful, however, that any sign they put up is accurate because if they are found to be misleading you about your rights to a refund, it is considered a serious offence under the Trade Practices Act. Examples of signs which may be illegal include: 'No refunds' 'No refunds after 7 days' ‘No refund on sale items' 'We will exchange or repair or give credit notes but we do not give refunds' These signs could mislead you to believe that you have no right to a refund under any circumstances, but this is not correct. Traders should make sure they understand their obligations to you before putting up any signs detailing consumer rights to a refund. "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Seems good to me. I've been told $4-5k/sqm is reasonable in Perth. 2 11166 Bought in Nov 21 at the height of the market (classic). Good area, atrocious floor plan. BUT has land out to the left-hand side that we can extend out on (see second… 0 8770 Thanks mate. Yeah good points! Leaning towards Option 3 to get a bit extra space in the cabinets but not going too crazy high (and expensive). Would require a mini… 13 39686 |