OUR GUARANTEE

Each time Warringah Frames & Trusses (WFT) provides you with a tender price for fabrication or installation of timber frames, joists, roof trusses or structural steel elements, it does so primarily on th basis of this Customer Guarantee and any specific Explanatory Notes contained in your project’s tender price which WFT submits.

This customer guarantee seeks to establish a set of mutually beneficial terms for any commercial arrangement which forms a supply and/or installation contract between us. This guarantee policy is governed by applicable Australian laws in force in NSW during our commercial arrangement.

Our customer guarantee serves to provide you with peace-of-mind and intrinsic long-term value for your project’s structural targets. It has underpinned our unblemished structural reputation for 25 years.

1. WFT will supply Goods and/or any Installation Services based on the plans/drawings upon which WFT has provided a quotation (tender price) and in accordance with any project-specific Explanatory Notes in the quotation itself.
2. Our Tender Price is typically valid for 60 days and will lapse after the date of issue unless agreed otherwise.
3. Unless otherwise specifically stated in your tender price:
   • You bear all risk of the structural integrity of the building;
   • Roof trusses are not designed to support loads (eg heating/cooling units, goods storage, hot water systems etc) other than the roof material specified in the quotation, nor are they designed to support “Fall Arrest or “Guard Rail” systems; Our structural steel elements may address these issues if your Engineer’s drawings indicate accordingly;
   • Ancillaries such as steel, packing, gable studs, sprockets, plaster noggins, valley boards, fascia, graded battens, cyclone ties, speedbrace, joist hangers, nails, truss ties, strip flooring and extra posi struts around pipes and ducts are typically also not included;
   • We assume a structural timber fascia or metal fascia with structurally effective brackets as per Australian Standard 4440-2004;
   • WFT will not straighten studs for any surface finishes such as plaster;
   • We assume external bottom plates must be solid blocked to bearers; and
   • Goods may contain formaldehyde and wax. Exposure to wood dust or formaldehyde may cause irritation to eyes, respiratory or skin problems or even cancer in some cases. It is the installer’s obligation to ensure that all safety standards are complied with in relation to wood dust and formaldehyde and that appropriate safety equipment is provided to persons working with the Goods after delivery.
4. WFT reserves the right to extend the delivery date by an appropriate period of time if there is:
   • A failure by you to provide final, complete and accurate Information;
   • Any change in the Information;
   • Any time required to clarify, complete or resolve any ambiguities in the Information;
   • Any Force Majeure Event; or
   • Inclement weather.
5. If WFT is prevented from or delayed in doing anything required towards supplying you with the Goods or any Installation Services by an event which is not within WFT’s reasonable control (including a Force Majeure Event) then WFT may suspend its obligation to supply you for that period of time.
6. If you cancel or substantially change any part of your requirements for Goods after accepting a quotation, you must indemnify WFT for all Liabilities incurred by WFT including but not limited to raw materials costs, incurred fabrication costs and any work in progress.

1. We at all times will use all reasonable endeavours to deliver the Goods on the nominated delivery date provided that it is no sooner than 10 Business Days after you have given WFT all final, complete and accurate information governing your project. WFT is not required to deliver the Goods earlier than agreed and does not guarantee delivery on a particular date.
2. WFT will arrange for delivery of the Goods at its cost to the Delivery Site by its freight subcontractor between the hours of 8.00am - 4.00pm on Business Days. However any equipment required for unloading (other than the truck’s crane) is at the customer’s cost.
3. The customer must provide to WFT, its employees, agents and subcontractors:
   • Suitable and safe access during usual business hours to the Delivery Site;
   • Clear truck access to the location on the Delivery Site where the Goods are to be unloaded, and a safe environment for unloading (ie without power lines or trees within 3 metres of the truck, bog or other matters which may be unsafe); and
   • If Installation Services are included in our supply contract, a safe work environment at the Delivery Site which complies with all relevant occupational health and safety requirements.
4. If truck access for delivery is required over a kerb, channel, footpath or car track, we are not be liable for any damage which may result.
5. To ensure product integrity and safety, our designated deliver driver is only permitted to unload the Goods from the delivery truck onto appropriate cleared and level ground at the location on the Delivery Site which must be nominated by your representative. Any lifting of of structural elements to slabs or top plate is subject to WFT’s prior approval and is at your risk. The customer must arrange for a person and any additional equipment to assist the driver in any such lifting.
6. Delivery of the Goods occurs upon unloading the Goods at the Delivery Site unless the delivery date has been extended and the Goods have been stored at WFT’s premises, in which case delivery is deemed to occur when the manufacturing process is complete. Risk in the Goods passes to you on delivery (to avoid doubt, any damage to the Goods arising during storage at WFT’s premises after deemed delivery is at your risk).
7. If WFT’s driver is unreasonably delayed by your act or omission in his unloading of the Goods at the Delivery Site, WFT may charge you an additional $100 for each commenced hour of delay. Any redelivery that may be required shall be at the customer’s cost.
8. Failure to comply with these delivery requirements shall result in the driver utilising his discretion (at your risk) to unload and nominate the most appropriate location for unloading, taking account of safety requirements.

1. WFT does not subcontract the performance of any Installation Services. We maintain strict standards of workmanship and technical excellence and may refuse a customer’s request to partner with other teams of installers.
2. If we agree to provide you with installation services WFT’s technicians and carpenters will:
   • Comply with all site procedures and occupational health and safety requirements applicable to the Project Site which you provide in writing to WFT before the first delivery;
   • Comply with all laws applicable to WFT’s activities under our supply contract; and
   • Comply with your reasonable directions in relation to safety matters whilst on the Delivery Site.
   • Onsite fabrication of structural steel or timber elements is kept to a minimum;
3. The Customer agrees and acknowledges that unless otherwise agreed and specifically stated in our tender price:
   • It will provide all scaffolding and fall protection in accordance with any safety laws and regulations in force at time of installation;
   • Fixing of joinery is not included;
   • It will provide power and hoisting facilities;
   • It will arrange removal of any existing structure or impediment to installation and ensure the substructure is level and true;
   • It will ensure all-weather protection is provided for the installation works; and
   • WFT will not straighten timber studs for plaster or any other wall surface finishes that may enclose the studs;

1. WFT at all times has in place a public and product liability insurance policy with not less than $10m cover and all workers’ compensation insurance which is required by law. The Customer is obligated to inform us in advance within a reasonable time of any additional insurance coverage that may be required for a particular project.
2. The customer must at all times have in place a public liability insurance policy with not less than $10m cover provided by a reputable insurer and all workers’ compensation insurance which is required by law.
3. If required by WFT, the customer must provide evidence of the currency of it’s insurance policies to WFT.

1. You must provide to WFT all complete, final and correct details and approved drawings, and must clarify any inconsistencies, errors and omissions in the Information, not less than 14 Business Days before the day on which requested Goods (structural timber or steel) are agreed to be delivered.
2. In the event of any discrepancy, figured dimensions in drawings will prevail over any scaled dimensions.
3. If you wish to change your instructions to WFT contained in the Information (including a change by way of clarification or completion under 4.A.) or a delivery date, then the change must be proposed in writing or by email and you must provide updated or replacement Information to WFT promptly. Any such change is subject to WFT’s acceptance and agreement. WFT will duly advise you whether or not it agrees with the change within 5 Business Days of receiving any updated Information (or in the case of a major structural change, within 15 Business Days of receiving any updated Information). WFT reserves the right to accept subsequent changes you request and this may entail varying of the tender price for your project.

1. The Customer agrees to pay WFT the tender price (including all relevant GST instalments) as set out in any final quotation or Purchase Order for structural Goods and, if applicable, our Installation Services. No monies are to be retained at any time.
2. If you have a credit account with WFT then WFT’s standard Terms and Conditions of Credit shall apply.
3. If you have a credit account with WFT then you must pay for Goods and any Installation Services before the last business day of the month following delivery. If you do not have a credit account with WFT you must pay for the Goods and any Installation Services in accordance with the payment terms set out in the tender price for your project.
4. WFT will provide a tax invoice to you for the amounts payable.
5. You must pay all GST applicable to any supply by WFT to you. Unless otherwise stated in our tender price for your project, prices are exclusive of GST.
6. You must pay all amounts in cleared funds by direct debit into the account instructed on WFT’s invoice or, if no such details are given, by bank cheque.
7. Title in the Goods remains with WFT until you have fulfilled the payment terms as per your agreed final tender price or Credit account with WFT. This is notwithstanding that the Goods may be located on the Delivery Site or incorporated in works on the Delivery Site. If you fail to fulfil your payment terms WFT may enter the Delivery Site and repossess them. If you on-sell any structural Goods before paying WFT for them, the proceeds of that sale will become the property of WFT.
8. If the delivery date for any Goods is extended beyond 60 days after the date of the quotation then WFT may increase the price of the Goods to cover any increased cost of raw materials or labour since the date of the quotation.
9. If you fail to pay any amount owing to WFT on the due date, WFT may require you to pay interest on the overdue amount at the rate of 14% per annum, calculated daily for the period from the due date until the amount is paid in full.
10. You may not set off, counterclaim or back-charge any amount which you claim against the amounts you owe WFT unless WFT provides prior written agreement.

1. WFT represents and warrants to you that, at the time of their delivery, all structural Goods will:
   • Be manufactured in accordance with usual industry standards (including Australian Standard 4440-2004, to the extent applicable and to the extent that compliance is within the control of WFT)
   • Have been manufactured using appropriate materials and workmanship; and
   • Meet your requirements to the extent described in the Information upon which our tender price is based.
2. Any Installation Services will be provided in a diligent workmanlike manner and in accordance with industry standards. WFT’s employees, agents and contractors who provide any Installation Services are appropriately qualified.
3. WFT excludes all other warranties or representations in relation to the Goods and the Installation Services except to the extent they are non-excludable by law.
4. The warranties given by WFT above do not apply and WFT is released from all liability:
   • If the Goods are modified without WFT’s written approval;
   • If the Goods are not installed properly and in accordance with Australian Standard 4440-2004 and accepted industry standards (unless installed by WFT) or other construction materials do not comply with usual industry standards;
   • If the Information upon which our tender price was based was incorrect or incomplete; or
   • To the extent that the matter giving rise to a breach of a Warranty was caused by or contributed to by any act, omission, transaction, or arrangement of, by or on behalf of you or at the request of or with the consent or acquiescence of you or your agents/employees.
5. The warranties given by WFT above are qualified by:
   • Anything disclosed to you or anything in any information relating to the Goods or Installation Services made available by WFT to you before delivery of the Goods or Installation Services;
   • Anything a person in the position of WFT could reasonably expect you to know, having regard to the apparent expertise and experience of you in the construction industry or in industry generally before delivery of the relevant Goods or Installation Services; and
   • Anything you actually knew before delivery of the relevant Goods or Installation Services.
6. WFT’s liability for any claim under or in connection with our supply to you is limited to:
   • Rectifying the breach by making good any defect at WFT’s cost;
   • Re-supplying the Goods or Installation Services; or
   • Paying you an amount equal to the price you paid for the defective Goods or Installation Services.
7. WFT’s aggregate liability in respect of our supply to you of any Goods or Installation Services is limited to an amount equal to the total price which has been paid by you to WFT for those Goods or Installation Services.
8. You may not make any claim against WFT in connection with our supply to you of any Goods or Installation Services unless you do so:
   • In the case of an alleged defect which is discernible upon delivery of the Goods or Installation Services, within 24 hours of delivery; or
   • In the case of any other claim, within 12 months after the delivery of the Goods or Installation Services.
9. WFT will not accept any claim in connection with our supply to you of any Goods or Installation Services for any amount arising from a third party claim against you:
   • Until and unless you have become legally liable to pay the amount claimed by the third party; or
   • To the extent the claim is for any amount arising from a third party claim against you in relation to which you have admitted liability without the prior written consent of WFT.
10. If you become aware of a third party claim against you which may give rise to a claim by you against WFT, you must immediately give WFT notice of that third party claim and, at our request, give WFT control over the defence of the third party claim.
11. Under no circumstances will WFT be liable for Consequential Loss.
12. Rectification of any defect shall constitute a full release of WFT from any liability.
13. The Customer represents and warrants to us that, at all times:
    • No Insolvency Event has occurred or is subsisting in relation to you;
    • You are duly authorised to enter the Delivery Site and to grant WFT access to the Delivery Site and to engage WFT to provide the Goods and Installation Services;
    • You hold all necessary licences and permits to conduct the construction at the Delivery Site;
    • The Information you provide us to form a tender price does not infringe the intellectual property rights of any person and the works contemplated by that information will not infringe the intellectual property rights of any person; and
    • All Information you provide us is true, complete and accurate in all respects and constitutes all the information required by WFT to supply the Goods and Installation Services.

1. The following terms within this Customer Guarantee shall have the following meanings:
   • “Warringah Frames & Trusses” or “WFT” is the trading name of Sydney Framing Carpenters Pty.Ltd. 4C Wattle Road Ingleside 2101 ABN: 95 154 870 194 Licence No: 286093C M: 0414 478 891 T: 9970 8972 www.warringahframesandtrusses.com.au;
   • “Delivery Site” means the site address described in the tender price.
   • “Force Majeure Event” means any event outside the control of WFT including: act of God, force of nature or climatic conditions, unavoidable accidents, malicious damage or sabotage, war, revolution, riot, insurrection, terrorism, vandalism, sabotage or any other unlawful act against public order or authority, governmental restraint, an inability to source raw materials in a timely fashion, a computer software or hardware defect, problem or virus that materially interrupts the business of WFT, equipment or vehicle breakdown or malfunction, breach by a third party of an obligation to supply services or materials to WFT’s fabrication facility or an industrial dispute or disturbance.
   • “Goods” means timber frames, joists, trusses or structural steel described in your tender price.
   • “Information” means the plans/drawings and other specifications you have provided WFT to formulate a tender price for your project.
   • “Installation Services” means the installation of the Goods at the Delivery Site but only if the tender price includes installation. We do not provide installation services for Goods fabricated by parties.
   • Timetable means the timetable for provision of the Goods and any Installation Services set in an attachment to a Purchase Order or, if such attachment is not provided or is blank, the Delivery Date referred to in the Purchase Order. You will receive a purchase order with your tender price.
   • “you” means the Customer shown on the quotation
2. The relationship between you and WFT is that of principal and independent contractor. Neither party is an employee, agent or partner of the other.
3. The tender price and this Customer Guarantee together constitute the entire agreement between the parties.
4. This Customer Guarantee shall be provided in paper format with your tender price (if sent to you by regular mail) or will otherwise be linked within your tender price if the tender price is provided to you by email. It is your duty at all times to read and accept our Guarantee prior to executing a Purchase Order for Goods or Installation Services and WFT will assume you have done so.