Masterbuild Constructions Pty Ltd
These Terms & Conditions govern your use of the Masterbuild Constructions Pty Ltd website, your communications with us, and your engagement with our services. By accessing this website, requesting information, submitting an enquiry or obtaining a quotation, you acknowledge that you have read and accepted these Terms & Conditions.
Nothing contained within these Terms limits or excludes any rights that cannot lawfully be excluded under Australian law.
1. Licensed Builder
Masterbuild Constructions Pty Ltd is a licensed building contractor operating in New South Wales.
All building work is undertaken in accordance with applicable legislation, including but not limited to:
- Home Building Act 1989 (NSW)
- Home Building Regulation 2014 (NSW)
- Design and Building Practitioners Act 2020 (NSW), where applicable
- National Construction Code (NCC)
- Relevant Australian Standards
- Environmental Planning and Assessment Act 1979 (NSW)
- Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law
2. Information on this Website
The information published on this website is provided for general informational purposes only.
Whilst every reasonable effort is made to ensure that information is accurate, complete and current, Masterbuild Constructions does not warrant that all information is free from error or suitable for every project or circumstance.
Nothing on this website constitutes engineering, architectural, financial or legal advice. Users should obtain independent professional advice before relying upon information contained on this website.
3. Quotations and Estimates
All quotations, proposals and estimates are provided in good faith based upon the information available at the time of preparation.
Unless otherwise stated:
- Quotations remain valid for 30 days.
- Pricing may change due to increases in labour, material or supplier costs.
- Quotations are subject to site inspection where applicable.
- Changes to plans, engineering, specifications or site conditions may require revised pricing.
Preliminary estimates are indicative only and should not be relied upon as fixed pricing.
No quotation constitutes acceptance of a project until confirmed in writing and incorporated into a formal building contract.
4. Building Contracts
Where required by law, building work will only commence following execution of a written building contract that complies with the Home Building Act 1989 (NSW).
The executed contract shall govern matters including, but not limited to:
- payment schedules;
- progress claims;
- construction timeframes;
- variations;
- extensions of time;
- warranties;
- insurance;
- dispute resolution;
- completion and handover.
Where any inconsistency exists between these Terms and an executed building contract, the executed contract shall prevail.
5. Statutory Warranties
Nothing contained within these Terms excludes, restricts or modifies any statutory warranties or consumer guarantees available under Australian law.
Masterbuild Constructions acknowledges and complies with all statutory warranties required under the Home Building Act 1989 (NSW), including obligations relating to workmanship, materials, compliance with plans and specifications, and fitness for purpose where applicable.
6. Variations
Construction projects frequently require modifications during the building process.
Any requested variation may affect:
- project cost;
- construction timeframe;
- approvals;
- engineering requirements;
- materials;
- labour requirements.
Variations should be documented and approved in writing before additional work is undertaken.
7. Site Conditions
Unless specifically identified before construction commences, quotations assume normal site conditions.
Unexpected conditions including, but not limited to:
- rock excavation;
- asbestos;
- contaminated material;
- underground services;
- groundwater;
- unsuitable soil conditions;
- hidden structural defects;
- authority requirements;
- restricted access;
may result in additional work, costs and construction time.
8. Delays
Construction programmes are estimates only unless expressly agreed otherwise.
Masterbuild Constructions shall not be responsible for delays arising from circumstances beyond its reasonable control, including adverse weather, industrial action, material shortages, authority delays, utility providers, variations, client delays or other unforeseen events.
Where appropriate, reasonable extensions of time may apply.
9. Client Responsibilities
Clients are responsible for:
- providing accurate information;
- supplying requested documentation;
- making timely decisions;
- providing safe access to the site;
- complying with obligations outlined within the building contract;
- making payments in accordance with agreed terms.
Failure to do so may result in project delays or additional costs.
10. Privacy and Personal Information
Masterbuild Constructions respects your privacy and is committed to protecting your personal information.
Personal information collected through our website, email correspondence, telephone conversations or meetings may include:
- your name;
- company name;
- residential or business address;
- telephone number;
- email address;
- project information;
- architectural drawings;
- plans and specifications;
- photographs;
- property details;
- other information voluntarily provided by you.
This information is collected solely for legitimate business purposes, including:
- responding to enquiries;
- preparing quotations;
- assessing projects;
- communicating during construction;
- complying with legal obligations;
- providing customer support;
- maintaining project records.
We take reasonable steps to safeguard personal information against unauthorised access, disclosure, alteration or misuse through appropriate physical, electronic and administrative security measures.
Personal information is only disclosed where reasonably necessary to perform our services, including to:
- architects;
- engineers;
- surveyors;
- certifiers;
- subcontractors;
- suppliers;
- insurers;
- professional advisers;
- government authorities where required by law.
Masterbuild Constructions does not sell, rent or trade customer information to third parties.
We will retain personal information only for as long as reasonably necessary to fulfil contractual, legal, taxation and regulatory obligations.
Individuals may request access to, or correction of, their personal information by contacting us using the details provided below.
Our collection, storage, use and disclosure of personal information is undertaken in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs).
11. Confidential Information
Information supplied by clients during the quotation, planning and construction process is treated as confidential unless disclosure is authorised by the client or required by law.
Masterbuild Constructions will not publicly disclose project information, plans or photographs without appropriate permission, except where required to comply with legislation or contractual obligations.
12. Intellectual Property
All content contained on this website, including text, graphics, photographs, logos, documents, quotations, designs, pricing schedules and marketing material, remains the intellectual property of Masterbuild Constructions unless otherwise stated.
No material may be reproduced, copied, distributed or published without prior written consent.
13. Third-Party Information
This website may refer to products, suppliers or external organisations.
Masterbuild Constructions accepts no responsibility for the content, services or policies of third-party websites or organisations.
14. Insurance
Where required by law, Masterbuild Constructions maintains appropriate insurance relevant to the services provided.
For residential work requiring Home Building Compensation Fund (HBCF) insurance, the appropriate cover will be obtained before work commences in accordance with New South Wales legislation.
15. Australian Consumer Law
Nothing contained within these Terms excludes, limits or modifies any consumer guarantee, statutory warranty or other right that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or any other applicable legislation.
Where any provision of these Terms is found to be invalid or unenforceable, that provision shall be read down or severed to the extent necessary without affecting the validity of the remaining provisions.
16. Limitation of Liability
To the fullest extent permitted by law, Masterbuild Constructions excludes liability for indirect, incidental or consequential loss arising from reliance upon information published on this website or preliminary information supplied before a formal building contract is executed.
Nothing contained within this clause excludes liability that cannot lawfully be excluded under Australian law.
17. Amendments
Masterbuild Constructions reserves the right to amend these Terms & Conditions at any time without prior notice.
The version published on this website at the time of access shall apply.
18. Governing Law
These Terms & Conditions are governed by the laws of New South Wales.
Any dispute arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
19. Contact
Masterbuild Constructions Pty Ltd
PO Box 638
West Ryde NSW 1685
Phone: 0410 343 233
Email: [email protected]