Terms and Conditions

These terms govern the supply of goods and services by MyLiving Outdoors (ABN 93 632 887 220), 224 Grange Rd, Flinders Park SA 5025, Builder Licence BLD 295410.

1. About these terms

These Terms and Conditions govern the supply of goods and services by MyLiving Outdoors (ABN 93 632 887 220) ("MyLiving Outdoors", "we", "us", "our") to you, the customer ("you", "your"). By accepting a quote, paying a deposit, or engaging us to carry out work, you agree to these terms. Please read them carefully and ask us if anything is unclear.

2. Quotes and estimates

Written quotes are valid for 30 days from the date of issue unless we state otherwise. A quote is an offer to supply the goods and services described in it. Prices may be adjusted before you accept the quote, or afterwards by written agreement, where the scope of work changes, where a site inspection reveals conditions not reasonably apparent at the time of quoting, or where the cost of materials changes materially before work begins. Verbal estimates are indicative only and are not binding.

3. Forming the contract

A binding contract is formed when you accept our quote in writing and pay any required deposit. The contract is made up of the accepted quote, any design or specification documents we provide, and these terms. Where any building work is regulated under South Australian law, the relevant statutory requirements and any required written building contract apply and prevail over these terms to the extent of any inconsistency.

4. Deposits and payment

The deposit amount and payment schedule are set out in your quote. Progress payments (if any) fall due at the stages described in the quote. Unless stated otherwise, the final payment is due on practical completion of the work. All prices are in Australian dollars and include GST unless expressly stated to be exclusive. We may charge interest on overdue amounts at a reasonable rate and recover reasonable costs of recovering unpaid amounts.

5. Site access, conditions and preparation

You must give us safe and clear access to the site during working hours. You are responsible for identifying the location of underground services, easements, boundaries and any other site constraints before work begins, and for obtaining any body corporate or neighbour consents required. We are not responsible for damage or delay caused by inaccurate site information you provide, undisclosed underground services, or conditions that could not reasonably have been foreseen.

6. Approvals and permits

Some structures require development approval, building consent, or other council or authority approval. We will tell you where we believe an approval is required. Unless your quote expressly includes us obtaining an approval, obtaining and paying for approvals is your responsibility. We are not liable for delays or costs arising from the approval process.

7. Variations

Any change to the agreed scope of work is a variation. Variations must be agreed in writing before the varied work is carried out and may change the price and the timeframe. We are not obliged to carry out varied work until the variation is agreed.

8. Timeframes

Any dates or timeframes we give are estimates made in good faith and are not guarantees. Completion can be affected by weather, availability of materials, approvals, and other matters outside our reasonable control. We will keep you informed of any material delay.

9. Materials, colours and finishes

Timber, steel, concrete, paving and other materials are natural or manufactured products that may vary in colour, grain, texture and finish between batches and over time. Samples, images, renders and displays are indicative only. Minor variation in colour, finish or dimension is normal and is not a defect.

10. Workmanship and consumer guarantees

We will carry out our work with due care and skill and in accordance with the accepted specification. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Where we are permitted to limit our liability, our liability for a failure to comply with a consumer guarantee (other than a guarantee that cannot be limited) is limited, at our option, to resupplying the services or paying the cost of having them resupplied, or to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing so.

11. Warranties

Any manufacturer warranties on materials or products we install are passed on to you and are subject to the manufacturer's terms. Our workmanship warranty, and any statutory warranty that applies to building work in South Australia, is set out in your contract documents. Warranties do not cover fair wear and tear, damage from misuse, alteration by others, failure to maintain the structure, or events outside our control.

12. Cancellation

If you cancel after a contract is formed, you must pay for all work performed and materials ordered or supplied up to the date of cancellation, plus any reasonable costs we incur as a result of the cancellation. Any cooling-off or cancellation rights you have under the Australian Consumer Law or South Australian building legislation continue to apply and are not affected by this clause.

13. Liability

To the extent permitted by law, and subject to clause 10, we are not liable for indirect or consequential loss, and our total liability arising out of or in connection with the goods and services is limited to the price paid under the relevant contract. Nothing in this clause limits any liability that cannot be limited under the Australian Consumer Law.

14. Privacy

We handle your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which is available on our website at https://mylivingoutdoors.com.au/privacy-policy/.

15. Marketing communications

Where you have consented, or where it is otherwise permitted under the Spam Act 2003 (Cth), we may send you marketing communications by email or SMS. Every marketing message includes an unsubscribe option, and you can opt out at any time.

16. Governing law

These terms are governed by the laws of South Australia, and you and we submit to the non-exclusive jurisdiction of the courts of South Australia.

17. Contact

MyLiving Outdoors — ABN 93 632 887 220
224 Grange Rd, Flinders Park SA 5025
Phone +61 (08) 8120 0959
Email [email protected]
Website mylivingoutdoors.com.au
Builder Licence BLD 295410

DRAFT — pending solicitor review.