TUNGSTEN HOMES – TERMS & CONDITIONS
Effective Date: _ / _ / 2026
These Terms & Conditions apply to all quotations, building works, renovations, extensions, alterations, maintenance works, and construction services provided by Tungsten Homes Pty Ltd (“Builder”) to the Client (“Owner”).
1. Acceptance of Quote
1.1 All quotations are valid for 30 days from the date issued unless otherwise stated.
1.2 Acceptance of a quotation, whether signed, emailed, or verbally confirmed, constitutes acceptance of these Terms & Conditions.
1.3 No work will commence until acceptance of the quotation and payment of any required deposit.
2. Scope of Works
2.1 Works shall be carried out in accordance with the approved plans, specifications, engineering drawings, permits, and agreed inclusions.
2.2 Any items not specifically listed within the quotation are excluded from the contract price.
2.3 The Builder reserves the right to make minor substitutions of materials where products become unavailable, provided equivalent quality is maintained.
3. Contract Price
3.1 The contract price is based on information available at the time of quotation.
3.2 The Builder may adjust pricing where:
- Engineering requirements change
- Council or authority requirements change
- Latent site conditions are discovered
- Material costs increase before contract execution
- Client requests variations
3.3 Any variation to the works shall be charged in addition to the contract price unless otherwise agreed in writing.
4. Variations
4.1 All variations must be requested in writing.
4.2 Variations may result in additional costs and extensions of time.
4.3 The Builder is not required to proceed with any variation until written approval is received.
5. Progress Payments
5.1 Payments shall be made in accordance with the agreed payment schedule.
5.2 Payment is due within seven (7) days of invoice unless otherwise stated.
5.3 Overdue amounts may incur interest at 10% per annum calculated daily.
5.4 The Builder may suspend works where payments remain outstanding.
6. Site Access
6.1 The Owner shall provide unrestricted access to the site during normal working hours.
6.2 The Builder shall have exclusive possession of the construction site during the building period.
6.3 The Owner must not interfere with the Builder’s works or engage third-party contractors without prior approval.
7. Delays and Extensions of Time
7.1 The Builder shall not be liable for delays caused by:
- Inclement weather
- Industrial disputes
- Material shortages
- Government restrictions
- Delays in approvals
- Owner-requested changes
- Unforeseen site conditions
- Events beyond the Builder’s reasonable control
7.2 The Builder shall be entitled to a reasonable extension of time for any such delays.
8. Owner Responsibilities
The Owner is responsible for:
- Providing accurate information regarding the property
- Obtaining finance approvals
- Providing timely selections and decisions
- Paying all authority fees unless otherwise stated
- Ensuring property boundaries are correctly identified
Delays caused by the Owner may result in additional costs.
9. Existing Structures
9.1 The Builder is not responsible for defects, movement, cracking, or damage arising from existing structures that were not constructed by the Builder.
9.2 Renovation works may reveal hidden defects that were not visible during inspection and may require additional rectification works at additional cost.
10. Practical Completion
10.1 Practical Completion occurs when the works are substantially complete and capable of being occupied or used for their intended purpose.
10.2 Minor defects or omissions do not prevent Practical Completion.
10.3 Final payment becomes due upon Practical Completion.
11. Defects Liability Period
11.1 The Builder will rectify defects caused by faulty workmanship or materials notified in writing within 90 days of Practical Completion.
11.2 Fair wear and tear, owner damage, and manufacturer defects are excluded.
12. Warranties
12.1 The Builder warrants that all works will be completed with due care and skill and in accordance with applicable laws and Australian Standards.
12.2 Statutory warranties provided under applicable Australian legislation remain unaffected.
13. Insurance
13.1 The Builder shall maintain all required insurances during construction.
13.2 The Owner shall maintain appropriate insurance for existing structures, contents, and personal belongings.
14. Safety
14.1 The construction site is a restricted area.
14.2 The Owner and visitors enter the site entirely at their own risk.
14.3 Children and pets must not enter the construction area.
15. Termination
15.1 The Builder may suspend or terminate the agreement if:
- Payments remain overdue
- The Owner breaches the agreement
- The Owner interferes with the works
15.2 The Owner shall pay for all works completed and costs incurred up to the termination date.
16. Dispute Resolution
16.1 Both parties shall attempt to resolve disputes through good-faith negotiations.
16.2 If unresolved, disputes may be referred to mediation before legal proceedings commence.
17. Limitation of Liability
17.1 To the maximum extent permitted by law, the Builder’s liability is limited to the rectification of defective work.
17.2 The Builder is not liable for indirect, consequential, or financial losses arising from delays or events beyond its control.
18. Governing Law
These Terms & Conditions shall be governed by the laws of the State of Victoria and the Commonwealth of Australia.
Tungsten Homes Pty Ltd
Building Quality Through Attention to Detail
Services
- Custom Homes
- New Home Construction
- Unit Developments
- Extensions & Additions
- Kitchen Renovations
- Bathroom Renovations
- Laundry Renovations
- Complete Home Renovations
- Commercial Building Works