Terms of Service | Jango Construct Pty Ltd

1. Who we are

Jango Construct Pty Ltd (ABN ) is a Victorian building and construction company based in Melbourne VIC. We provide residential and commercial construction services, including new builds, renovations, extensions, fit-outs and project management.

All enquiries regarding these terms or our services should be directed to ceo@jangoconstructau.space.

2. Scope of these terms

These terms apply to:

Quotations, estimates and tender submissions issued by us;
Building works we carry out, whether under a major domestic building contract, a small works contract or a commercial works contract; and
Any related services we provide, including design coordination, drafting liaison, council permit assistance and trade scheduling.

Where we enter into a written building contract with you, the terms of that contract apply alongside these terms. If there is any inconsistency, the written contract prevails to the extent of the inconsistency.

3. Quotations and estimates

Quotations we issue are valid for the period stated on the quotation, or thirty (30) days if no period is stated.
Quotations are based on the information you provide, our inspection of the site (where applicable), and conditions known at the time of quoting.
Estimates and indicative pricing are not fixed prices. A price becomes binding only when set out in a signed contract.
Quotations exclude items expressly listed as exclusions, including but not limited to council fees, authority charges, consultant reports and provisional sum items unless stated otherwise.
We may withdraw or amend a quotation before it is accepted.

4. Contracts and variations

For domestic building work in Victoria, we prepare contracts that comply with the Domestic Building Contracts Act 1995 (Vic), including mandatory contract notes, disclosure of warranties and applicable cooling-off rights. For commercial work, our standard trade contract terms apply unless another form is agreed.

Variations to the scope of works must be documented in writing and signed by both parties before the varied work is carried out, except where the law permits otherwise or where urgent work is required to make the site safe. Variation costs are charged at our rates disclosed in the contract or variation document.

5. Payment terms

Deposits and progress payments are payable as set out in your contract. For domestic building work, deposits and progress claims comply with the caps and requirements of the Domestic Building Contracts Act 1995 (Vic).
Invoices are payable within the period stated on the invoice, or seven (7) days if no period is stated.
Payment claims for commercial works are made in accordance with the Building and Construction Industry Security of Payment Act 2002 (Vic) where applicable.
Final payment is due on practical completion or as otherwise stated in your contract.
Overdue amounts may accrue interest at the rate stated in your contract. We may suspend works for non-payment to the extent permitted by law, following any required notice.

6. Site access, conditions and your responsibilities

You agree to provide us and our subcontractors with safe, reasonable and unimpeded access to the site during agreed working hours, and to:

Obtain, or authorise us to obtain, all planning and building permits required for the works where this is your responsibility under the contract;
Ensure the site is free of hazards, asbestos (unless the removal is part of the contracted scope and properly licensed) and unauthorised occupiers;
Advise us of any underground services, easements, boundary discrepancies or heritage restrictions known to you; and
Keep pets, children and unauthorised persons clear of active work areas.

Where unforeseen ground conditions, hidden defects, latent services or other latent conditions are discovered, we will notify you promptly and the affected work may be treated as a variation.

7. Delays and extensions of time

Construction programs can be affected by weather, supplier availability, authority approvals, variations, industrial action, pandemics and other events beyond our reasonable control. Where such a delay occurs, we may claim a reasonable extension of time in accordance with your contract. We will keep you informed of material delays and the revised program.

8. Warranties, materials and workmanship

We carry out all works with due care and skill, in accordance with the contract, the Building Code of Australia, relevant Australian Standards and the permits issued for the works.

For domestic building work, the statutory warranties set out in section 8 of the Domestic Building Contracts Act 1995 (Vic) apply, including that:

the works will be carried out in a proper and workmanlike manner and in accordance with the plans and specifications;
all materials supplied will be good and suitable for the purpose for which they are used; and
the works will be carried out with due diligence and within the time stipulated, or a reasonable time if no time is stipulated.

Manufacturer warranties for appliances, fixtures and fittings supplied to you are passed on to you to the extent they are transferable.

9. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified.

To the extent we supply services to you in a personal, domestic or household capacity, our services come with guarantees under the Australian Consumer Law that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services repaired or replaced if the services fail to be of acceptable quality and the failure does not amount to a major failure.

Where we supply services to a business or for trade purposes, any statutory guarantees that would otherwise apply are excluded to the extent permitted by law.

10. Insurance

We maintain the insurances required by law for the works we undertake, including domestic building insurance where required for domestic building work in Victoria, together with public liability and, where engaged for that purpose, contract works insurance. Certificates of currency can be requested before works commence.

11. Defects and rectification

If you identify a defect in our works, please notify us in writing as soon as reasonably practicable, and within the defects liability period stated in your contract. We will attend, assess and rectify defects attributable to our workmanship or materials supplied by us within a reasonable time, at no cost to you, provided the defect arises from the works and not from fair wear and tear, misuse, or work carried out by others after practical completion.

12. Liability and indemnity

To the fullest extent permitted by law:

Our liability for any claim arising from the works is limited, at our option, to re-supplying the affected services, or the cost of having the services re-supplied, except where the law provides otherwise;
We are not liable for indirect or consequential loss, including loss of profits, loss of rent or loss of enjoyment of the property, except where such a limitation is not permitted by law;
You indemnify us against loss or damage arising from information, approvals or materials you provide that are inaccurate, incomplete or unsafe, except where that indemnity is not permitted by law.

This clause does not limit any right you have under the Australian Consumer Law or under statutory warranties for domestic building work.

13. Cancellation and suspension

You may terminate the contract in the circumstances and by the method set out in your contract. Where domestic building legislation gives you statutory termination rights, those rights are unaffected by these terms. If you cancel works after materials have been ordered or the program has been committed, you may be liable for reasonable costs already incurred, materials already supplied and a reasonable margin on completed work.

Cooling-off rights for domestic building contracts are set out in the contract documents and are governed by Victorian law.

14. Intellectual property

Quotations, drawings, schedules, programs and pricing we prepare remain our intellectual property unless expressly assigned in writing. Plans and specifications prepared by your designers remain your (or your designer's) property, and you confirm you have the right to provide them to us for the purpose of carrying out the works.

15. Site safety and conduct

Our personnel and subcontractors must comply with occupational health and safety laws, site rules and any reasonable direction you give about safety. We may remove from site any person who fails to comply with safety requirements. You must not interfere with works, materials or safety devices on site.

16. Dispute resolution

If a dispute arises, please first raise it with us in writing at ceo@jangoconstructau.space. Both parties agree to negotiate in good faith to resolve the matter promptly.

For domestic building work in Victoria, either party may apply to the Victorian Civil and Administrative Tribunal (VCAT) for resolution. Domestic Building Dispute Resolution Victoria (DBDRV) may also be available before formal proceedings. Nothing in this clause prevents a party from exercising urgent statutory rights.

17. Privacy

We handle your personal information in accordance with our Privacy Policy. By engaging us, you consent to the collection, use and disclosure of information reasonably required to quote, deliver and complete the works, including disclosure to subcontractors, suppliers, building surveyors and authorities.

18. General

These terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria.
If any provision of these terms is invalid or unenforceable, the remainder continues in force.
Our failure to enforce a right under these terms is not a waiver of that right.
We may update these terms from time to time. The version published on this website at the time you accept a quotation or sign a contract applies to that engagement.

19. Contact us

Questions about these terms, your contract or the works can be sent at any time to:

Jango Construct Pty Ltd
Melbourne VIC, Australia
ABN
Email: ceo@jangoconstructau.space
Website: https://jangoconstructau.space

To request a quotation for building and construction services in Melbourne, please use our quote request form or the contact page.