Terms of Service

Last updated: 1 January 2025

These Terms of Service (“Terms”) govern the supply of metal fabrication and joinery services by ZM Fabrication Pty Ltd (ABN 85 703 355 542), located in Melbourne VIC, Australia (“we”, “us”, “our”) to you, the client (“you”). By engaging our services, requesting a quotation, or accepting a completed works agreement, you agree to be bound by these Terms.

1. Quotations and Estimates

• All quotations provided by us are valid for 30 days from the date of issue unless otherwise stated in writing.
• Quotations are estimates based on the information you provide at the time of request. Final pricing may vary if materials costs change, site conditions differ from those described, or the scope of works is amended.
• A quotation is not a binding contract until accepted in writing (including by email) by both parties and any required deposit has been paid.

2. Deposits and Payment

• We may require a deposit before commencing work. The deposit amount will be stated in your written quotation or works agreement.
• Progress payments may be required at agreed stages of the project.
• Invoices are payable within the period stated on the invoice. Overdue amounts may accrue interest or administrative fees as permitted by law.
• You must not withhold payment except as permitted under Australian law or as otherwise agreed in writing.

3. Scope of Works and Variations

• The scope of works will be set out in your quotation or works agreement. Any variation to the scope must be agreed in writing by both parties before it is carried out.
• Variations may affect the price and completion timeline. We will advise you of any such impact before proceeding where practicable.

4. Client Responsibilities

• You must provide accurate and complete information about the project, including site access, dimensions, existing structures, and any relevant plans or permits.
• You are responsible for obtaining all approvals, permits, and consents required for the works, unless expressly agreed otherwise in writing.
• You must ensure safe and reasonable site access for our personnel, subcontractors, and deliveries.

5. Timeframes

• Any commencement or completion dates are estimates only and are not guaranteed. Timeframes may be affected by weather, supply chain delays, site conditions, or other factors beyond our reasonable control.
• We will notify you as soon as reasonably practicable if a delay is expected to affect your project.

6. Materials and Workmanship Warranty

• We warrant that our workmanship will be carried out with due care and skill and that materials supplied by us will be fit for purpose and of acceptable quality, as required by Australian Consumer Law.
• Manufacturer warranties on supplied materials apply in addition to, and do not limit, your rights under Australian Consumer Law.
• Our workmanship warranty does not cover damage caused by misuse, lack of maintenance, unauthorised alteration, or ordinary wear and tear.

7. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you 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 by agreement.

Our services and goods come with guarantees that cannot be excluded under Australian Consumer Law. For major failures, you are entitled to cancel your contract and obtain a refund or replacement. For minor failures, we may choose to remedy the issue within a reasonable time.

8. Limitation of Liability

• To the extent permitted by law, our liability for any breach of these Terms is limited, at our option, to supplying the services or goods again, or paying the cost of having them supplied again.
• We are not liable for indirect or consequential loss, including loss of profits or business opportunities, except where such limitation is prohibited by law.
• Nothing in this clause limits your rights under Australian Consumer Law.

9. Intellectual Property and Designs

• All designs, drawings, shop drawings, and documentation prepared by us remain our intellectual property unless otherwise agreed in writing.
• Where you supply designs or specifications, you warrant that you hold the necessary rights to use them and that they comply with applicable Australian standards and building codes.

10. Safety and Site Conditions

• All work will be carried out in accordance with applicable Work Health and Safety laws in Victoria.
• We may suspend works if site conditions are unsafe until the issue is resolved.

11. Cancellation

• You may cancel a booking or project by written notice. You may be liable for reasonable costs already incurred, including materials ordered or fabricated specifically for your project.
• We may cancel or suspend works if you fail to make agreed payments, breach these Terms, or if circumstances beyond our control prevent performance.

12. Privacy

We handle personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

13. Dispute Resolution

• If a dispute arises, please contact us first so we can attempt to resolve the matter in good faith.
• If the dispute cannot be resolved, parties may pursue mediation or other dispute resolution avenues available under Victorian law.
• These Terms are governed by the laws of Victoria, Australia.

14. General

• These Terms, together with your accepted quotation or works agreement, form the entire agreement between the parties.
• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.
• We may update these Terms from time to time. The current version will always be published on this page.

15. Contact

For questions about these Terms, please contact ZM Fabrication Pty Ltd by email at ceo@zmfabrication.online or via our contact page.

Request a free quote for your metal fabrication or joinery project in Melbourne VIC.