Terms of Service

1. Who these terms are with

These terms are between you and Bania Group Pty Ltd (ABN 98 701 443 174, ACN 701 443 174), an Australian proprietary company registered in Victoria and operating from the Hoppers Crossing, Tarneit and Truganina area, Victoria (VIC) 3029. In these terms, we and us means Bania Group Pty Ltd, and you means the person or entity using this website or engaging us to perform work.

2. Using this website

This website is provided for general information about the group and its activities. Descriptions of services on this site are an indication of what we do, not an offer capable of acceptance, and nothing on this site is professional, financial, legal or technical advice for your particular circumstances.

You agree not to use this website in a way that breaches any law, interferes with its operation or security, or attempts to gain unauthorised access to any system connected with it.

3. Quotations and scope

A quotation is valid for 30 days from its date unless it says otherwise, and applies only to the scope of work set out in it. A quotation is based on the information available to us at the time, including anything you have told us about the site, and on the assumption that access will be as described.

Anything not listed in the scope is excluded. Where an element of a job requires a specific licence, registration or certification, the scope will identify that element and the party responsible for it.

4. Forming a contract

A contract is formed when you accept a quotation in writing, sign a scope or order document with us, or otherwise instruct us in writing to proceed. Where there is any inconsistency, the signed scope or order document prevails over these terms, and these terms prevail over anything stated on this website.

5. Variations

If the work changes — because of an instruction from you, a condition that could not reasonably have been identified beforehand, or a change in the availability of materials — we will record the variation in writing, including its effect on price and program, and seek your written confirmation before proceeding where it is practicable to do so.

Work performed under a confirmed variation is charged in addition to the quoted price.

6. Prices, GST and payment

Unless expressly stated otherwise, prices are quoted in Australian dollars and are exclusive of GST, which is added where applicable. Payment terms are those stated on the quotation or invoice; where none are stated, invoices are payable within 14 days of the invoice date.

Where an amount remains unpaid after its due date, we may suspend further work and may charge interest on the overdue amount at a reasonable commercial rate, together with reasonable costs of recovery. We will give you notice before suspending work.

7. Your obligations

To let us perform the work, you agree to provide safe and timely access to the site, accurate information about the site and any known hazards, and any approvals, permits or third-party consents that are your responsibility. Delays or additional costs caused by access being unavailable, or by information that turns out to be inaccurate, may be charged as a variation.

8. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth). Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law where to do so would be unlawful.

Where you are a consumer for the purposes of the Australian Consumer Law, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they are not of acceptable quality and the failure does not amount to a major failure.

Where the Australian Consumer Law permits us to limit our liability for a breach of a non-excludable guarantee, our liability is limited, at our option, to: in the case of goods, replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so; and in the case of services, supplying the services again or paying the cost of having them supplied again.

9. Limitation of liability

Subject to clause 8, and to the maximum extent permitted by law, our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the amount actually paid by you to us for the work giving rise to the liability.

To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of anticipated savings, or loss arising from business interruption, however caused.

We are not liable for loss or damage to the extent it is caused or contributed to by your act or omission, by information you supplied that was inaccurate or incomplete, or by a third party you engaged directly.

10. Intellectual property

All content on this website — including text, layout, stylesheets, drawings and graphics — is owned by or licensed to Bania Group Pty Ltd and is protected by the Copyright Act 1968 (Cth). You may view the site and print or download extracts for your own reference. You may not reproduce, republish, adapt or commercially exploit any part of it without our prior written consent.

Scopes, schedules, drawings and other documents we prepare for an engagement remain our property until they have been paid for in full, at which point you receive a non-exclusive licence to use them for the purpose for which they were prepared. Any materials you supply to us remain yours, and you grant us the licence necessary to use them to perform the work.

11. Confidentiality

Each party agrees to keep confidential the non-public commercial information of the other that it receives in connection with an engagement, and to use that information only for the purposes of the engagement. This does not apply to information that is public through no fault of the receiving party, that was already lawfully held, or that must be disclosed by law.

12. Suspension and termination

Either party may terminate an engagement by written notice if the other party commits a material breach and does not remedy it within 14 days of being asked to do so in writing, or becomes insolvent.

We may suspend work on written notice where payment is overdue, where the site is unsafe, or where access has not been provided as agreed. If an engagement ends before the work is complete, you remain liable for work performed and materials ordered or supplied up to the date of termination.

Clauses that by their nature should survive termination — including confidentiality, intellectual property, limitation of liability and governing law — continue to apply.

13. Events outside our control

We are not in breach of these terms to the extent performance is prevented or delayed by an event beyond our reasonable control, including extreme weather, fire, flood, industrial action, failure of a utility or transport network, or an act of a government authority. We will notify you and take reasonable steps to reduce the effect of the delay.

14. Notices

Notices to us may be sent by email to [email protected]. Notices to you will be sent to the email address you last gave us. A notice sent by email is taken to be received on the business day it is sent, unless the sender receives a delivery failure message.

15. Governing law and jurisdiction

These terms and any engagement with us are governed by the laws of the State of Victoria (VIC), Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

16. General

If any provision of these terms is found to be unenforceable, it is severed to the extent necessary and the remaining provisions continue in force. A failure to enforce a provision is not a waiver of it. These terms, together with the accepted quotation or scope document, record the whole agreement between us about the work.

17. Changes to these terms

We may update these terms from time to time. The version published on this page at the date a contract is formed is the version that applies to that contract; later changes do not affect work already agreed.

18. Contact

Questions about these terms can be sent to [email protected]. Bania Group Pty Ltd, ABN 98 701 443 174, ACN 701 443 174, Victoria (VIC) 3029, Australia.