Terms and Conditions

Terms and Conditions.

Last updated: 25 June 2026

1. Contract

1.1. If after the Client signs the Contract:

(a) the Manager of OSPS does not approve the Contract for any reason whatsoever within 30 days of the date the Client signs the Contract and OSPS provides written notice of this to the Client; or
(b) OSPS receives a written notice from the Client within 24 hours from the time the Client signs the Contract that the Client does not wish to proceed,

the Contract will immediately terminate and shall be of no further force or effect and the Parties will have no right or action against each other.

1.2. The Contract forms the entire agreement and understanding between the Parties and supersedes any prior agreement, understanding or representation (verbal or written) made by OSPS or any agent or representative of OSPS regarding the Contract or the Works.

2. Works, Approvals and Materials

2.1. OSPS will conduct the Works in accordance with the terms and conditions of the Contract.

2.2. The Client appoints OSPS as agent to act on its behalf to obtain all Approvals for the Works at the Client’s cost. The Client is solely responsible for ensuring compliance with any conditions attached to the Approvals.

2.3. Before OSPS commences the Works, the Client must do all Excluded Works which OSPS requires completed prior to commencement.

2.4. Unless detailed in the Particulars or otherwise agreed by OSPS to the Client in writing, OSPS is not responsible for and will not do any of the Excluded Works.

2.5. If the Client does not, or inadequately conducts the Excluded Works, OSPS may:

(a) conduct the Excluded Works on the Client’s behalf at the Client’s cost and risk; or
(b) terminate the Contract and the provisions of Condition 8 will apply.

2.6. The Client acknowledges the Materials will be delivered to the front of the Property and will remain in this location until Practical Completion of the Works. If the Client requires the Materials delivered or moved to any other location, the Client must pay an additional cost of no less than $250 plus GST.

2.7. Notwithstanding any representation or warranty made by or on behalf of OSPS, any time frames or completion dates are only approximate and OSPS will complete the Works as soon as reasonably practicable.

2.8. If the Works include any Extra Works, the Client acknowledges and agrees:

(a) the Excluded Works and the Client’s responsibility to carry them out also apply to the Extra Works;
(b) the Patio Works and the Extra Works may not be conducted simultaneously;
(c) if OSPS considers any part of the Extra Works cannot be constructed on the Property, OSPS can sever that portion from the Contract and OSPS will not be required to conduct that part of the Extra Works;
(d) if the Client provides items for OSPS to install in the Patio Works, the Client warrants those items are of good quality and meet all Australian Standards;
(e) any conduct of the Extra Works is on terms and conditions required by OSPS in its absolute discretion (for example, fans will not be installed within a certain distance from a swimming pool);
(f) other than any statutory warranties which cannot be excluded by agreement, no guarantees or warranties regarding the Extra Works are provided by OSPS to the Client.

3. Payment and Costs

3.1. The Client will pay the Contract Price to OSPS for conducting the Works at the times specified in the Particulars or as directed by OSPS from time to time.

3.2. The Client must pay the Deposit to OSPS within 30 days of signing the Contract. The Deposit will be applied toward money payable by the Client to OSPS under the Contract.

3.3. Without limiting any other Condition, the Client must pay the following amounts to OSPS on demand and in addition to the Contract Price:

(a) all moneys owing to or paid by OSPS to satisfy any liability of the Client under this Contract;
(b) all costs of OSPS obtaining all Approvals including the cost of preparing, reviewing and submitting plans and obtaining certifications;
(c) any costs incurred due to the Client delaying conduct of the Works or instructing OSPS to cease all or any of the Works before Practical Completion; and
(d) any costs in varying the Contract or the Works.

3.4. The Contract Price is fixed for 60 days after the date on which the local authority issues a building permit for the Patio Works. If the Client delays OSPS in commencing or progressing the Patio Works during this period, OSPS may vary the Contract Price by notice to the Client to pass on any increase in costs OSPS may incur.

3.5. The Client must pay all of OSPS’s costs, legal fees (on a solicitor / client basis) and other charges in connection with: (a) any default or breach of this Contract by the Client; (b) obtaining payment of any monies payable under this Contract; and (c) any actions, suits or proceedings arising out of or in connection with this Contract.

3.6. OSPS reserves the right to suspend commencing or conducting the Works at any time if there are overdue amounts owing by the Client.

3.7. The Client must pay the Contract Price in accordance with this clause 3, including the final instalment on Practical Completion, notwithstanding any dispute the Client may have in connection with the Contract. Any dispute is dealt with separately.

3.8. The Client must pay interest on any overdue amounts unpaid for 7 days after request for payment. Interest accrues daily at the rate of 2.5% per calendar month. OSPS is entitled to change the rate of interest from time to time by prior written notice.

4. Maintenance, Warranty, Acknowledgement

4.1. The Client acknowledges and agrees that, in completing the Works, OSPS may use touch up paint to rectify artificial damage caused to the Works.

4.2. Subject to Condition 4.3, OSPS provides the Client with:

(a) a Workmanship Warranty of 12 months; and
(b) a Structural Warranty of 6 years,

for the Patio Works, commencing from the date of Practical Completion. The Warranties are personal to the Client who has signed the Contract and will not transfer to any subsequent owner.

4.3. The Warranties will be null and void if:

(a) there are moneys owing by the Client under this Contract;
(b) the defect or damage is caused by an act of nature, BBQs or heating devices, items supplied by others, corrosion, excessive rain or blocked gutters, or any act or omission by any person other than OSPS;
(c) the Patio Works have been altered by anyone other than OSPS;
(d) the Patio Works have been constructed in a high moisture or salt corrosive environment (including pools, spas, rivers, oceans). The base of any posts is considered a moist environment;
(e) OSPS finds evidence the Client has not regularly cleaned or maintained the Works; or
(f) the claim is not made within the times specified or by the original Client.

4.4. The Client acknowledges that the Workmanship Warranty is provided for quality of workmanship and materials only to showroom standard and has no application to the design, product choices or colour of the Works. The Client must regularly clean and maintain the Works to avoid corrosion. If the Patio Works are not regularly maintained they will corrode and deteriorate, and the Client waives all rights against OSPS regarding damage caused by corrosion.

4.5. OSPS charges a call out fee of $150 plus GST to investigate possible defect claims. This fee is waived if the call out occurs during a relevant Warranty period and the issue is found to be a covered defect.

5. Limitation of Liability

5.1. OSPS is not liable and is not in any way responsible for:

(a) damage or destruction to the Property, Materials or the Works caused or contributed to by anyone other than OSPS;
(b) water damage to the home or other buildings due to modification of guttering systems or insufficient down pipes;
(c) any damage to timber lining or related materials located under gutter work;
(d) rust marks or stains in any pool, spa, on posts or in a moist environment near the Works;
(e) any delay or refusal to be granted any Approvals;
(f) any delay in commencing, conducting or completing the Works;
(g) making good the Property. After Practical Completion OSPS will leave the Property in a clean and tidy condition not inferior to that which existed before the Works; or
(h) any costs or consequential losses due to any delay in delivery or completion.

5.2. OSPS’s liability regarding rectification of any defect or damage under the Workmanship Warranty is limited, at OSPS’s sole discretion, to: (a) repairing the defect or damage; (b) replacing the defective part with equivalent goods; (c) paying the Client the cost of having the defect repaired; or (d) removing all Works from the Property and refunding the money paid by the Client.

6. Insurance

The Client must obtain and maintain building insurance for the Property including insuring any structures and property on the Property against:

(a) fire, explosion, earthquake, aircraft, flood, lightning, storm, tempest, act of God, fusion, smoke, rainwater, water leakage, malicious acts or omissions and burglary;
(b) demolition and removal of debris;
(c) architect’s and other consultant’s fees; and
(d) owner’s third party liability.

7. Indemnity

The Client indemnifies OSPS against all losses, claims, actions, demands or damage incurred or for which OSPS may be liable arising from any loss or damage to property, death or injury of any kind, except to the extent caused by a negligent act of OSPS.

8. Termination

8.1. OSPS may immediately terminate this Contract by written notice if: before commencing the Works, OSPS considers the Property will not support them; the Client does not complete the Excluded Works; OSPS does not receive the Deposit within 30 days; any Approval is withheld; the Client does not rectify any default within 10 days of written notice; or an Event occurs.

8.2. The Client may, at any time before making the first progress payment, request to terminate the Contract in writing. The termination may or may not be agreed to by OSPS.

8.3. On termination, the Client must pay on demand: (a) the Administration Fee (10% of the Contract Price); and (b) any other costs payable or owing to OSPS.

8.4. If the Contract is terminated, OSPS will apply the Deposit to any moneys payable by the Client up to the date of termination, and either require immediate payment of the balance outstanding or return the balance of the Deposit (if any) to the Client.

9. Ownership, Risk and Damage

9.1. Ownership in the Materials and the Works passes from OSPS to the Client on Practical Completion.

9.2. Subject to Condition 9.3, risk in the Materials and the Works passes from OSPS to the Client on Practical Completion.

9.3. OSPS is not responsible for rectifying any damage to the Materials or the Works if anyone other than OSPS moves, alters or deals with them before Practical Completion without OSPS’s prior written consent.

10. GST

10.1. Unless otherwise provided, all amounts stated in this Contract payable to OSPS are exclusive of GST.

10.2. The Client must pay to OSPS the GST Amount in addition to each payment under this Contract at the same time and in the same manner as making payment of any consideration on which the GST Amount is calculated.

11. Variation

11.1. This Contract can only be varied with the prior written consent of OSPS.

11.2. Any variation must be documented and signed by the Parties in a manner required by OSPS.

11.3. The Client may not request a variation after making the first progress payment.

11.4. The Client must pay all additional charges regarding any variation in addition to the Contract Price and on demand by OSPS. The additional charge will be a minimum of $150 per variation.

12. Charge

12.1. The Client charges all of its undertaking and assets, both present and future including the Property, with payment to OSPS of moneys under this Contract.

13. Promotion

13.1. Before the Contract is signed, OSPS may (but is under no obligation to) offer the Client one of the following promotions:

(a) Recommend a finance provider for an interest free loan for up to 18 months to pay up to $10,000 of the Contract Price; or
(b) A reduction in the price quoted by OSPS.

If the Client has been provided with a discount or price reduction, the Client is not entitled to select another promotion.

13.2. If the Client wishes to apply for an interest free loan: the Client will submit an application with a nominated finance provider; the Client must comply with the provider’s terms; OSPS makes no representation the Client will be granted the loan; and if the loan is not granted, the Contract remains on foot and OSPS may use the Deposit to pay for any costs incurred.

13.3. OSPS reserves the right to vary, add or delete any promotion terms, vary or cease any promotion at any time, or not offer any promotion.

13.4. The Promotion chosen by the Client cannot be exchanged for cash.

14. General

Privacy

14.1-14.4. OSPS may collect personal information directly provided by Clients. OSPS will use it for conducting the Works or ancillary purposes, including keeping Clients informed. The Client can notify OSPS at any time if they wish to stop receiving news or have their information updated or removed. OSPS will not wilfully disclose Client information without approval unless required by law or to a third party assisting with the Works.

Severance

14.5. If any part of this Contract becomes void or unenforceable, that part shall be severed and the remaining parts will continue in full force.

Waiver

14.6-14.7. Failure to exercise or delay in exercising any right under this Contract will not operate as a waiver. A single or partial exercise of any right will not preclude further exercise.

Disparaging comments

14.8. The Client agrees not to make or publish any disparaging comments about OSPS, this Contract or the Works.

Annexure

14.9. The parties may agree further special conditions in an annexure to these Conditions which will form part of the Contract.

15. Definitions and Interpretations

15.1 Definitions

In this Contract, unless the context otherwise requires:

“Administration Fee” means 10% of the Contract Price.
“Approvals” means all approvals, authorities, consents and certifications required to conduct the Works on the Property.
“Contract” means the Particulars and these Conditions and any variations agreed by the Parties.
“Contract Price” means the moneys payable by the Client to OSPS for conducting the Works.
“Deposit” means the deposit payable by the Client to OSPS as detailed in the Particulars.
“Event” means: the Client is unable to pay debts; the Client makes an assignment for the benefit of creditors; or a person under a mortgage or charge becomes entitled to possession of the Client’s assets.
“Excluded Works” means all works which must be conducted by the Client at the Client’s cost before or after the Works, including: clearing the Property of structures and obstructions; ensuring the Property complies with all current laws; removal of sand; ensuring electrical safety compliance; works relating to soil condition (rock, limestone, excavation); asbestos detection and removal; redirection of breather or existing pipe work; repointing of existing roof; and anything OSPS requires before commencing.
“Extra Works” means works in addition to the Patio Works, including soak well installation, lighting / fans, post bitumenising, and anything else specified by OSPS.
“GST” means any goods and services tax or value added tax.
“GST Amount” means any amount of GST payable as a consequence of any supply made under this Contract by OSPS.
“Materials” means the materials and goods used for the Works.
“Party” / “Parties” means the Client and OSPS.
“Practical Completion” means the date OSPS informs the Client the Works are practically completed and fit for use. The finishing of works of a minor nature shall not be grounds for disputing Practical Completion. Leaks are works of a minor nature.
“Particulars” means the description of the Works to be conducted by OSPS on the other side of the Contract.
“Patio Works” means the patio works detailed in the Particulars.
“Promotions” means the promotions detailed in Condition 13.1.
“Property” means the property on which the Works are to be conducted.
“Structural Warranty” means a warranty that the structure of the load bearing portions of the Patio Works will be safe and usable, subject to clauses 4.3 and 5.1 and excluding liability for corrosion.
“Warranties” means the Structural Warranty and the Workmanship Warranty.
“Workmanship Warranty” means a warranty that the Patio Works will be constructed using good workmanship and will not have leaks or rattles, with no discrepancies between the Patio Works detailed in the Particulars and as constructed.
“Works” means the Patio Works and any Extra Works to be conducted by OSPS and described in the Particulars, including any variation.

15.2 Interpretation

In this Contract, unless the context otherwise requires: (a) an obligation or right conferred on two or more parties binds or benefits all of them jointly and severally; (b) any part of the Contract that is void may be severed without affecting the rest; (c) reference to a Party includes permitted assigns, successors, administrators or legal personal representatives; (d) reference to Condition means a condition of this Contract; (e) all measurements are metric, with roof measurements shown as overall fascia to outside of post; (f) any Extra Works on the left of the Particulars are quotes only and do not form part of the Works; (g) the heading “EXTRAS INCLUDED IN CONTRACT” refers to the Extra Works included as part of the Works.

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