Millwood Homes Comprehensive Terms and Conditions

1. Building Approvals and Compliance

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• Millwood Homes will ensure that all building work complies with the relevant building codes, regulations, and approved plans.
• Building approvals are required before commencing work. Any amendments to approvals must be submitted in writing by the client and approved before the relevant work is carried out.
• The client acknowledges that all work will be carried out in accordance with the approved plans, and any changes may result in additional costs or delays.

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2. Client Responsibilities

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To avoid delays or additional costs, the client agrees to:

• Provide timely approvals, access to the site, and any required permits or documentation.
• Respond to all communications within 2 business days unless otherwise agreed.
• Ensure the site is accessible for inspections, testing, and construction work.
• Adhere to the payment terms outlined in this agreement.

Failure to meet these responsibilities may result in project delays or additional costs, which will be the client’s responsibility.

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3. Payment Terms

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Payment Obligations

• The client agrees to make all payments as per the signed contract. Payments must be made within 7 days of the invoice date unless otherwise agreed in writing.

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Late Payments:Payment Method:

• Late payments will incur a late fee of $550 per day until the outstanding balance is paid in full. Millwood Homes reserves the right to suspend work until all overdue payments are received.

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Payment Method: Non-Payment Clause:

• Payments must be made via electronic bank transfer to the account details provided by Millwood Homes.

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Non-Payment Clause: Dispute Resolution for Payments:

• Millwood Homes reserves the right to terminate the contract and recover any costs incurred if the client fails to make payments as agreed.

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Dispute Resolution for Payments:

• Any disputes regarding invoices or payments must be raised in writing within 7 days of receipt. Failure to do so will be deemed acceptance of the invoice.

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4. Variations to Scope

• Any variations or changes to the original project scope must be agreed upon in writing by both parties.
• Variations may result in changes to the project timeline or cost, which will be communicated to the client for approval.
• Millwood Homes reserves the right to refuse variations that significantly impact the project timeline or budget.

5. Unforeseen Circumstances

Millwood Homes will take all reasonable steps to identify and address potential issues during the planning and execution of your project. However, unforeseen circumstances may arise that are beyond our control, including:

• Hidden structural defects or damage (e.g., rot, termite damage, or unstable foundations).
• Unexpected site conditions or environmental factors (e.g., soil instability, underground obstructions).
• Non-compliance of existing structures with current building codes or regulations.
• Hazardous materials or contamination (e.g., asbestos, lead paint).
• Delays caused by third-party suppliers, contractors, or regulatory approvals.

In such cases, Millwood Homes will:

1. Notify the client promptly upon discovery of the issue.
2. Provide a detailed explanation of the situation and any additional costs or timeframes required to address it.
3. Obtain written approval from the client before proceeding with any additional work.

Millwood Homes will not be held responsible for delays, additional costs, or damages resulting from unforeseen circumstances.

6. Warranty Limitations and Exclusions

Millwood Homes provides a 7-year statutory warranty on all projects in compliance with building regulations. However, this warranty will be void if:

1. Unauthorized Modifications or Repairs:
   • The client undertakes, or allows a third party to undertake, modifications, repairs, or maintenance on the building or its components without the prior written consent of Millwood Homes.
2. Improper Use or Neglect:
   • The client misuses, neglects, or fails to maintain the building or its components in accordance with the Standard Care and Maintenance Guide provided by Millwood Homes.
3. Non-Compliance with Maintenance Recommendations:
   • The client fails to follow Millwood Homes’ recommended maintenance schedule or procedures for the building or its components.
4. Damage Caused by External Factors:
   • Damage caused by third-party contractors, natural disasters, or external factors beyond Millwood Homes’ control (e.g., vandalism, fire, flooding, or extreme weather conditions).
5. Unauthorized Alterations:
   • Any alterations or additions to the structural or non-structural elements of the building that were not carried out or approved in writing by Millwood Homes.
6. Use of Non-Compliant Materials:
   • The client uses materials, finishes, or components that are not approved or recommended by Millwood Homes, resulting in damage or defects.
7. Failure to Notify Defects:
   • The client fails to notify Millwood Homes of defects within the warranty period or within a reasonable timeframe after becoming aware of the defect.

7. Site Access Agreement

To ensure safety and project integrity, the following site access rules apply:

• Clients are not permitted to access the construction sitewithout prior written approval from Millwood Homes.
• All site visits must be scheduled in advance and supervised by a Millwood Homes representative.
• Unauthorized access to the site by the client or their representatives will result in immediate suspension of work until the matter is resolved.
• Millwood Homes will not be held liable for any injuries, damages, or delays caused by unauthorized site access.

8. Non-Contractor Engagement Clause

To protect the scope of work and avoid conflicts with insurance and project management:

• The client agrees not to engage or directly contact Millwood Homes’ contractors or suppliers for additional work outside the scope of this contract.
• Any additional work required must be requested through Millwood Homes and approved in writing.
• Breaching this clause may result in termination of the contract and recovery of damages incurred by Millwood Homes.

9. Material Ownership and Retention of Title Clause

• All materials, fixtures, and equipment supplied by Millwood Homes remain the property of Millwood Homes until full payment has been received.
• If payment is not made as agreed, Millwood Homes reserves the right to reclaim materials or equipment from the site.

10. Marketing and Photography Clause

• Millwood Homes reserves the right to photograph and showcase completed projects for marketing and promotional purposes, including social media, website content, and award submissions.
• Client personal information or identifying details will not be disclosed without prior written consent.

11. Ownership of Documentation and Plans

• All drawings, plans, designs, and documentation provided by Millwood Homes remain the property of Millwood Homes.
• These materials are provided to the client for the sole purpose of completing the project and must not be reused, shared, or replicated without prior written consent.
• Unauthorized use of these materials may result in legal action and recovery of damages.

12. Indemnity for Third-Party Actions

• Millwood Homes will not be held liable for any damages, delays, or defects caused by third-party contractors, suppliers, or consultants engaged directly by the client.
• The client agrees to indemnify Millwood Homes against any claims, costs, or damages arising from the actions or omissions of third parties engaged by the client.

13. Force Majeure Clause

• In the event of a force majeure (e.g., natural disasters, pandemics, government restrictions), Millwood Homes reserves the right to:
  • Suspend work until the situation is resolved.
  • Adjust the project timeline and costs to reflect the impact of the event.
• The client will not hold Millwood Homes liable for delays or additional costs caused by force majeure events.

14. Governing Law and Dispute Resolution

• This agreement is governed by the laws of the state of Victoria, Australia.
• Any disputes arising from this agreement will first be addressed through mediation.
• If mediation fails, disputes will be resolved through arbitration in accordance with the Australian Commercial Arbitration Ac

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