Last updated: March 2025 · Applies to batchconstruction.site and all works quoted or contracted by Batch Construction Pty Ltd.
1. About These Terms
These Terms of Service (“Terms”) apply to Batch Construction Pty Ltd (ABN 71 702 548 794) (“we”, “us”, “our”) and govern your access to and use of our website, batchconstruction.site, as well as any construction and building services we supply. By requesting a quote, engaging our services, or using this website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use this website or engage our services.
These Terms apply in addition to any written works contract or quotation accepted for a specific project. Where a signed works contract conflicts with these Terms, the signed works contract prevails for that project.
2. Our Services
We provide construction and building services across Perth, Western Australia, including residential construction, renovations and extensions, outdoor structures, repairs, maintenance, and related project management. The specific scope, inclusions, exclusions, and timelines for any project are set out in the written quotation and works contract we provide before work commences.
Information about typical service offerings is available on our Services page, and the areas we service are listed on our Service Areas page. We hold, or arrange through appropriately licensed subcontractors, all registrations and licences required for the building work we perform in Western Australia.
3. Quotes and Contracts
- Written quotations are valid for 30 days from the date of issue unless otherwise stated in the quotation.
- Quotations are based on the information and site conditions reasonably available at the time of quoting and may be revised following a site inspection or a change in scope.
- A works contract is formed when you accept our written quotation or sign a works contract, including any deposit payment we require.
- Variations to the agreed scope must be requested and confirmed in writing and signed by both parties before the variation work is carried out.
- We comply with the Home Building Contracts Act 1989 (WA) for home building work to which that Act applies, including its requirements for deposits, progress payments, and contract notices.
4. Pricing, GST and Payment
All prices are quoted in Australian dollars (AUD). Where GST applies, it is included in the quoted price or clearly identified in the quotation. Invoices are payable within the period stated on the invoice or in the works contract. Progress payments are claimed at the stages set out in the works contract and reflect the value of work completed at each stage.
Overdue amounts may, to the extent permitted by law and as set out in the works contract, attract interest or reasonable recovery costs. If you dispute an invoice, you must notify us in writing before the due date, and the parties must work together in good faith to resolve the dispute.
5. Australian Consumer Law Guarantees
Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, or remedy available to you under the Australian Consumer Law or any other applicable legislation.
You may be entitled to a resupply, repair, replacement, or refund for services that do not meet the applicable consumer guarantees, depending on whether the failure is major or minor, as determined under the Australian Consumer Law.
6. Site Access, Delays and Unforeseen Conditions
You are responsible for providing safe and reasonable access to the worksite, including utilities, parking where practicable, and a work environment that meets applicable work health and safety requirements. Project timeframes provided in quotations or contracts are estimates. Delays may occur due to weather, supplier or subcontractor availability, latent site conditions such as hidden structural defects or unsuitable ground, or events beyond our reasonable control. Where a delay is caused by an unforeseen condition or an event beyond our reasonable control, we will notify you promptly and agree in writing on reasonable adjustments to the program and, if applicable, the cost.
7. Limitation of Liability
To the maximum extent permitted by law, and except where a consumer guarantee applies under the Australian Consumer Law, we are not liable for any indirect, incidental, or consequential loss arising from our services or your use of this website. Where liability cannot be excluded, our total liability is limited, at our option where the law permits, to supplying the services again or paying the cost of having the services supplied again. Nothing in this clause limits or excludes any remedy you are entitled to under the Australian Consumer Law.
8. Use of This Website
The content on this website is provided for general information only. It does not constitute building, engineering, legal, or financial advice, and project decisions should be made on the basis of a written quotation and, where appropriate, independent professional advice. Photographs and project descriptions are indicative of the type and standard of our work; finished outcomes vary with site conditions, materials, and client selections.
9. Intellectual Property
All text, imagery, drawings, plans, quotations, and design material prepared by or for Batch Construction Pty Ltd remain our property or the property of our licensors. You may view, download, and print pages from this website for your personal, non-commercial use in considering our services. You must not reproduce, adapt, or commercialise our content, or use plans or documentation prepared for your project, without our prior written consent.
10. Privacy
We handle personal information in accordance with our Privacy Policy. Information collected through this website or during a project is used to provide quotes, deliver works, and meet our legal and contractual obligations, and is not sold to third parties.
11. Cancellation and Termination
You may cancel a contracted project by written notice in accordance with the works contract. If you cancel, you remain liable for the reasonable value of work performed, materials specially ordered for your project, and any costs we cannot reasonably avoid, as permitted by the works contract and applicable Western Australian law. We may suspend or terminate works where payment is overdue, access is unsafe or unavailable, or where required by law, after giving you written notice and a reasonable opportunity to remedy the issue. Statutory rights under the Australian Consumer Law are not affected by this clause.
12. Dispute Resolution and Governing Law
If a dispute arises, the parties must first attempt to resolve it in good faith through direct discussion, including a written notice of the issue and a meeting of the parties or their representatives where practicable. These Terms and any works contract are governed by the laws of Western Australia, and the parties submit to the jurisdiction of the courts of Western Australia. Nothing in this clause prevents either party from exercising rights under the Australian Consumer Law or referring a home building dispute to the appropriate Western Australian tribunal.
13. Changes to These Terms
We may update these Terms from time to time by publishing the revised version on this page. The version published on this website at the time you request a quote or accept a works contract applies to that engagement. Continued use of this website after changes are published constitutes acceptance of the updated Terms.
14. Contact Us
Questions, notices, or requests relating to these Terms can be sent to ceo@batchconstruction.site or submitted through our Contact page. Please include the project address or quotation reference where relevant so we can respond promptly.
Batch Construction Pty Ltd — ABN 71 702 548 794 — Perth, Western Australia.