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Build-Time Guarantee Terms and Conditions

NUTREND Homes Build-Time Guarantee

    • These terms and conditions are applicable to any offer advertised by any entity operating under the name ‘NUTREND’ (NUTREND) and concerning a ‘build-time guarantee’ or equivalent offer to achieve completion within a stated time (Guarantee)
    • NUTREND reserves the right to, and may, change these terms and conditions from time to time. The latest version of these terms and conditions is available upon request to NUTREND.
    • These terms and conditions prevail over the content of any written or oral statement made by or on behalf of NUTREND concerning the Guarantee. NUTREND does not agree to vary these terms and conditions except in writing by its director.
    • Applicability of the Guarantee is determined by NUTREND on a case-by-case basis. The only means by which NUTREND will advise if the Guarantee is applicable is by written confirmation to the customer.
    • Subject to clause 4, the Guarantee will only apply to the regions reasonably understood as within suburbs running in a line drawn South to North from Morayfield to Noosa (Central Area).
    • Subject to clause 4, the Guarantee will also apply to the city of Gympie (Gympie Area).
    • Subject to clause 4, the Guarantee is only applicable to new builds of single storey homes by NUTREND on vacant blocks of land. The Guarantee does not apply to homes with non-traditional slab designs. A non-traditional slab designs includes but is not limited to: Split Level homes, pole homes, homes on stumps. The Guarantee also does not apply to NUTREND contracts involving a knock-down or removal of an existing home.

    • If the Guarantee is applicable to a contract entered into by NUTREND and a customer (Construction Contract), NUTREND promises to complete the construction works thereunder (but excluding any pool installation work) within the Build Guarantee Time and if that promise is not kept, will pay the Build Guarantee Liability (as defined and calculated pursuant to clauses 13 through 18 below). The Build Guarantee Time means:

      a. In the Central Area – 15 calendar weeks running from the beginning of earthworks on site until ‘practical completion’ (as that term is defined pursuant to the Construction Contract).

      b. In the Gympie Area – 16 calendar weeks running from the beginning of earthworks on site until ‘practical completion’ (as that term is defined pursuant to the Construction Contract).

    • For the avoidance of doubt, the only promise or representation made by NUTREND is that it will complete the works of the Construction Contract within the Build Guarantee Time or else pay the Build Guarantee Liability, subject to these terms and conditions. The Customer shall not, and is not entitled to, rely upon the Guarantee or any other representation concerning it save to the extent that NUTREND promises to pay the Build Guarantee Liability in the case the Guarantee is not complied with.
    • In furtherance of clause 9 above, and by way of non-exclusive examples, the customer is not entitled to rely upon the Guarantee as the basis to determine when to settle on another contract, whether to sell their existing property, whether to break a leasehold tenancy, whether to leave employment or terminate a contract for services, etc.
    • The period of the Build Guarantee Time, being the calculation of the start and end date of the period thereunder, does not include:

a. The period from the beginning of the third week of December to the end of the second week of January, reflective of the annual Christmas shutdown;

b. Public holidays (whether state, federal or local);

c. Periods in which any of NUTREND’s employees or contractors do not work due to industry closures or industrial action.

      1. The Guarantee will cease to apply in the following circumstances:

a. If NUTREND is entitled to claim (whether it does so or not), or does receive, any extension of time for practical completion pursuant to the Construction Contract.

b. If NUTREND is delayed in performing the works the subject of the Construction Contract by inclement weather;

c. If the works the subject of the Construction Contract are varied;

d. If any payment owing to NUTREND pursuant to the Construction Contract are not paid on the due date;

e. If NUTREND does not receive any instruction, direction or variation it requested from the customer within 48 hours or making said request; and

f. Any other event or factor not the responsibility of NUTREND which causes delay to the work of NUTREND under the Construction Contract.

      1. If all of the following criteria apply, NUTREND will pay the Customer the sum of $142.85 per day (equivalent to $1,000 per full week) for every day after the date for practical completion under the Construction Contract:

a. NUTREND confirmed in writing that the Guarantee applies to the Construction Contract; and

b. The Guarantee did not cease to apply for any reason as stated in these terms and condition; and

c. The works have not reached practical completion by the date for practical completion under the Construction Contract.

      1. If any amount is due by NUTREND to the Customer pursuant to the preceding clause (Build Guarantee Liability), that amount shall, at the option of NUTREND, be paid or offset at any of the following times:

a. Offset against the final payment by the Customer to NUTREND under the Construction Contract; or

b. Paid by NUTREND to the Customer within 30 days of either practical completion or the termination of the Construction Contract.

    1. The maximum value of the Build Guarantee Liability (notwithstanding any longer period for completion or the date of termination of the contract) shall be ten weeks, equivalent to $10,000.
    2. To the maximum extent permitted by law, clauses 13 through 15 above state the maximum and total liability of NUTREND to the customer pursuant to the Guarantee. NUTREND is not liable for any other form of loss or damage to the customer or any third party as a result of a failure to comply with the Guarantee, including damages for breach of contract, interest, costs, consequential losses, legal fees or any other loss or damage beyond the Build Guarantee Liability.
    3. NUTREND may offset any amount owing to a customer pursuant to the Build Guarantee Liability against any amount owed by the Customer to NUTREND for any reason.
    4. For the purposes of clause 17, NUTREND shall be entitled to reasonably calculate the value of any unliquidated liability owed to it, or expected to be owed to it, by the Customer and serve a notice of the value of same upon the customer. Upon doing so, such value shall be a debt due and owing by the Customer to NUTREND and such debt shall be capable of being the subject of a set off pursuant to clause 17.
    5. The Customer shall not be entitled to claim against NUTREND both liquidated damages under the Construction Contract and the value of any Guarantee Liability. The Customer must elect whether to seek one or the other.