Terms of Service
These Terms of Service apply to all quotations, works and services provided by Shah Contracting Pty Ltd (ABN 93 702 114 250) ("we", "us", "our") to you ("you", "the client"). By requesting a quote, accepting a quotation, or engaging us to perform works, you agree to be bound by these terms. If you do not agree, please do not engage our services.
1. Who we are
Shah Contracting Pty Ltd is a construction and contracting company based in Perth, Western Australia. We provide building, contracting and related trade services to residential and commercial clients across the Perth metropolitan area. Our registered business identifier is ABN 93 702 114 250, and our website is https://shahcontracting.site.
2. Quotations and scope of works
All quotations issued by us are based on the scope of works, plans and information provided by you at the time of quoting. Quotes are valid for thirty (30) days from the date of issue unless otherwise stated in writing. A quotation is not a booking; works are only scheduled once a quote is accepted in writing and any required deposit has been paid. Works outside the quoted scope will be treated as a variation under clause 5.
3. Payment terms
Unless otherwise agreed in writing, payment terms are as follows: a deposit is payable on acceptance of a quote; progress payments may be required for works extending beyond fourteen (14) days; and the balance is payable within seven (7) days of completion or invoicing, whichever occurs first. We may suspend works and withhold completed works if invoices remain unpaid beyond these terms. Overdue amounts may attract interest and reasonable recovery costs.
4. Goods and services tax (GST)
All prices are quoted in Australian dollars. GST is payable at the prevailing rate in accordance with A New Tax System (Goods and Services Tax) Act 1999 and will be clearly identified on quotations and invoices.
5. Variations
If you request changes to the scope of works, or if unforeseen site conditions, latent defects or regulatory requirements make the quoted scope impractical, we will provide a written variation stating the change in price and time. Variations are only performed once approved in writing by you. Approved variations form part of the contract between us.
6. Client obligations
You agree to: provide safe and reasonable access to the worksite; obtain any approvals, permits or owner's consent that are your responsibility; disclose known hazards, including asbestos or underground services, before works commence; and ensure the site is free of obstruction at agreed working times. Delays caused by unmet client obligations may result in additional costs and an extension of the works schedule.
7. Materials, workmanship and warranties
We warrant that our works will be carried out with due care and skill, using materials fit for purpose and supplied within a reasonable time. Manufacturers' warranties apply to supplied products and materials. To make a warranty claim, contact us in writing with details of the issue. We will attend to notified defects covered by warranty within a reasonable time of assessment.
8. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any rights you have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), including consumer guarantees. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement, repair, refund or compensation for reasonably foreseeable loss or damage where a major failure occurs, and to have goods repaired or replaced where they are not of acceptable quality. Any remedies available to you under these terms are in addition to your rights under the Australian Consumer Law.
9. Limitation of liability
To the extent permitted by law, our liability for any claim arising from our services is limited to the price of the works giving rise to the claim, except where the Australian Consumer Law provides otherwise. We are not liable for indirect or consequential loss, including loss of profit or loss of use, except where required by law. We are not liable for defects arising from works performed by others, misuse, lack of maintenance, or materials supplied by you.
10. Delays
While we aim to complete works by the scheduled date, some delays are outside our control, including weather, supplier delays, site access issues and regulatory approvals. Where a delay occurs, we will notify you promptly and agree a revised schedule in good faith. Time is not of the essence unless expressly agreed in writing.
11. Insurance and indemnity
We hold the insurances reasonably required for works of this nature and can provide certificates of currency on request. You are responsible for insuring your own property and contents. You agree to indemnify us against loss arising from your breach of these terms, your instructions to deviate from safe work practices, or inaccurate information you supply, except to the extent caused by our negligence.
12. Intellectual property
All plans, drawings, schedules, pricing documents and other materials we produce remain our property unless expressly assigned in writing. You may use them for the purpose of the contracted works only. Content on our website is protected and may not be reproduced without our written consent.
13. Privacy
We handle personal information in accordance with our Privacy Policy, which forms part of these terms.
14. Suspension and termination
Either party may terminate an engagement by written notice if the other party commits a material breach that is not remedied within fourteen (14) days of notice, or becomes insolvent. You may also terminate for convenience on seven (7) days' written notice, in which case you remain liable for works completed, materials ordered on your behalf, and reasonable demobilisation costs.
15. Dispute resolution
If a dispute arises, please raise it with us in writing first. Both parties agree to negotiate in good faith for a period of at least twenty-one (21) days before commencing formal proceedings. Nothing in this clause prevents either party from seeking urgent injunctive relief.
16. Governing law
These terms are governed by the laws of Western Australia, and the parties submit to the jurisdiction of the courts of Western Australia.
17. Changes to these terms
We may update these terms from time to time. The current version published on this page applies to any engagement commenced after publication. Material changes affecting an existing engagement will be communicated to you in writing.
18. Contact
Questions about these terms, quotes, variations or warranty claims can be sent to ceo@shahcontracting.site. You may also use our contact page or request works through our quote page.