Terms, Conditions & Privacy

1.1 These Terms & Conditions apply to all quotations, Goods and Services supplied by Blueprint To Build Pty Ltd (“Blueprint To Build”).

1.2 These Terms & Conditions are incorporated into every quotation issued by Blueprint To Build and are available via the link referenced within the quotation.

1.3 A legally binding agreement is formed upon the earlier of:

(a) written acceptance of the quotation;
(b) electronic acceptance of the quotation;
(c) issue of a purchase order referencing the quotation; or
(d) payment of any deposit.

1.4 Payment of the deposit constitutes full and unconditional acceptance of:

(a) the quotation;
(b) the scope of works; and
(c) these Terms & Conditions in their entirety.

1.5 The Client acknowledges that these Terms & Conditions are brought to their attention prior to acceptance via the quotation link and form part of the agreement.

1.6 These Terms & Conditions override any and all other terms, conditions, purchase orders, agreements or documents issued by the Client, unless expressly agreed in writing by Blueprint To Build.

1.7 In the event of any inconsistency between:

(a) the Client’s terms;
(b) a purchase order;
(c) verbal representations; or
(d) prior agreements;

these Terms & Conditions shall prevail.

1.8 No amendment or variation to these Terms shall be binding unless agreed in writing and signed by a Director of Blueprint To Build.

2.1 The Price for the Works shall be as set out in the quotation or as otherwise agreed in writing.

2.2 Unless otherwise agreed in writing, payment shall be made in the following stages:

(a) 30% deposit prior to commencement of shop drawings;
(b) 40% prior to site attendance and/or installation;
(c) The balance upon Practical Completion.

2.3 Blueprint To Build reserves the right to require payment strictly in accordance with these stages and may withhold progression to the next phase until payment for the preceding stage has been received in cleared funds.

2.4 Time for payment is of the essence.

2.5 No Works will commence, and no materials will be ordered, until the required deposit has been paid in full and cleared.

2.6 Practical Completion is deemed to have occurred upon the earlier of:

(a) completion of the contracted Works (excluding variations); or
(b) occupation or use of the Works by the Client; or
(c) when the Works are reasonably capable of being used for their intended purpose.

2.7 Upon Practical Completion, the final invoice becomes immediately due and payable in accordance with the payment terms stated on the invoice.

2.8 Failure to make payment by the due date constitutes substantial breach of the agreement.

3.1 If the Client fails to make payment when due, Blueprint To Build may, without prejudice to any other rights:

(a) suspend Works immediately;
(b) withhold delivery of Goods;
(c) refuse site attendance;
(d) retain possession of any Goods not yet installed.

3.2 Suspension of Works due to non-payment shall constitute a lawful suspension and shall not be considered a breach by Blueprint To Build.

3.3 All costs associated with suspension, delay, remobilisation, storage, or re-attendance shall be payable by the Client.

3.4 Interest shall accrue on overdue amounts at a rate of 3% above the rate prescribed under the Penalty Interest Rates Act (Victoria), calculated daily and compounding monthly.

3.5 The Client indemnifies Blueprint To Build for all costs incurred in recovering unpaid amounts, including legal costs on a solicitor and own client basis, debt collection fees, and administrative charges.

3.6 Blueprint To Build reserves all rights available under the Building and Construction Industry Security of Payment Act 2002 for recovery of unpaid progress claims.

4.1 Ownership of all Goods supplied by Blueprint To Build remains with Blueprint To Build until:

(a) full payment of all amounts owing has been received; and
(b) all other obligations of the Client have been satisfied.

4.2 Risk passes to the Client upon delivery to site.

4.3 The Client grants Blueprint To Build a security interest in the Goods supplied.

4.4 Blueprint To Build may register its security interest under the Personal Property Securities Act 2009.

4.5 The Client must do all things reasonably required to perfect and protect Blueprint To Build’s security interest.

4.6 Blueprint To Build may enter any premises where Goods are located to recover them if payment remains outstanding.

4.7 Proceeds of sale of any unpaid Goods shall be held on trust for Blueprint To Build.

5.1 Documentation Phase

5.1.1 Following payment of the required deposit, Blueprint To Build will prepare shop drawings and associated documentation based on the approved quotation and agreed scope.

5.1.2 Shop drawings are prepared based on information available at the time of drafting, including architectural drawings, site measurements, specifications and product availability.

5.2 Client Responsibility for Review

5.2.1 The Client is solely responsible for carefully reviewing all shop drawings prior to approval.

5.2.2 The Client must verify and confirm, in writing, the accuracy of:

(a) dimensions;
(b) layout configuration;
(c) material selections;
(d) finishes;
(e) hardware specifications;
(f) appliance integration;
(g) service locations;
(h) any other detail shown within the drawings.

5.2.3 Approval must be provided in writing via email confirmation or signature on the drawing set.

5.3 Effect of Approval

5.3.1 Upon written approval of shop drawings:

(a) the drawings are deemed final;
(b) Blueprint To Build is authorised to proceed to procurement and manufacture;
(c) the approved drawings supersede all prior documentation, discussions, sketches, verbal instructions or concept material.

5.3.2 No changes will be accepted after written approval unless treated as a formal variation.

5.4 Variations

5.4.1 Any requested change to the approved scope or drawings must be made in writing.

5.4.2 Blueprint To Build is not obliged to accept any variation request.

5.4.3 Approved variations may result in:

(a) adjustment to the Price;
(b) extension of time;
(c) additional design fees;
(d) remanufacturing costs.

5.4.4 Where manufacture has commenced, the Client is liable for all costs incurred to the date of the variation request, including materials ordered or fabricated.

5.5 Failure to Provide Approval

5.5.1 If the Client fails to provide written approval within a reasonable timeframe and communication ceases, Blueprint To Build reserves the right to:

(a) issue a final invoice for works completed to date;
(b) suspend the project;
(c) recover costs incurred.

5.5.2 Any invoice issued under this clause shall be payable in full within the stated payment terms.

5.6 Product Availability & Substitutions

5.6.1 Product selections specified within drawings are subject to availability at the time of procurement.

5.6.2 Blueprint To Build makes no warranty as to continued availability or unchanged pricing of specified materials.

5.6.3 Where products become unavailable or subject to significant price variation, Blueprint To Build may propose reasonable alternatives or issue a variation.

5.7 Change of Mind

5.7.1 The Client acknowledges that custom manufactured Goods are made to specification.

5.7.2 Change of mind after written approval does not entitle the Client to cancellation, refund or alteration without payment of associated costs.

6.1 Design Intent

6.1.1 All drawings, renderings, specifications, and documentation provided by Blueprint To Build are prepared for cosmetic, conceptual, manufacturing and installation purposes only.

6.1.2 Blueprint To Build does not warrant that its drawings constitute structural, engineering, architectural or building certification documentation.

6.1.3 Blueprint To Build does not provide structural engineering, building certification, architectural certification, or statutory compliance services unless expressly agreed in writing.

6.2 Independent Verification

6.2.1 It is the sole responsibility of the Client to obtain independent verification, certification and approval of all designs from:

(a) qualified structural engineers;
(b) licensed builders;
(c) architects;
(d) relevant consultants;
(e) governing authorities;
(f) local councils.

6.2.2 The Client warrants that all necessary approvals, permits and certifications required for the Works have been obtained prior to commencement of manufacture or installation.

6.2.3 Blueprint To Build accepts no liability for delays, redesign, cost increases or rectification arising from failure to obtain such approvals.

6.3 Existing Conditions & Third-Party Documentation

6.3.1 Blueprint To Build may rely on architectural drawings, consultant documents and information supplied by the Client or third parties.

6.3.2 Blueprint To Build is not responsible for errors, omissions, inconsistencies or inaccuracies contained within documentation supplied by others.

6.3.3 Any rectification required due to incorrect third-party documentation shall be treated as a variation.

6.4 Integration With Other Trades

6.4.1 Blueprint To Build is not responsible for the performance, workmanship or compliance of other trades.

6.4.2 The Client must ensure that site conditions, services, framing, substrate preparation and other trade works are complete and compliant prior to installation.

6.4.3 Blueprint To Build shall not be liable for defects or non-compliance caused by the works of other contractors.

6.5 Use Outside Intended Purpose

6.5.1 Drawings and documentation supplied by Blueprint To Build must not be used for purposes other than those expressly intended.

6.5.2 Blueprint To Build shall not be liable for use of its drawings beyond their intended cosmetic and manufacturing scope.

7.1 Site Readiness

7.1.1 The Client must ensure that the site is safe, accessible and ready for installation at the scheduled commencement date.

7.1.2 Site readiness includes, but is not limited to:

(a) completed and compliant framing;
(b) finished and level flooring (unless otherwise agreed);
(c) completed plastering and painting (unless otherwise agreed);
(d) services installed in correct and confirmed locations;
(e) clear access pathways;
(f) adequate lighting and power supply;
(g) weather protection for internal installations.

7.1.3 If the site is not ready at the scheduled time, Blueprint To Build may reschedule installation and recover any associated costs.

7.2 Access

7.2.1 The Client must provide safe and unobstructed access to the site during agreed working hours.

7.2.2 Blueprint To Build is not responsible for delays caused by restricted access, other trades, or site congestion.

7.2.3 Where installation requires lifting equipment, permits, traffic management or additional labour due to site constraints, such costs shall be treated as a variation.

7.3 Delays

7.3.1 Blueprint To Build shall not be liable for delays caused by:

(a) client-requested changes;
(b) delays by other trades;
(c) incomplete site conditions;
(d) supplier delays;
(e) events beyond reasonable control.

7.3.2 Where installation is delayed for reasons outside Blueprint To Build’s control, Blueprint To Build may adjust the project schedule accordingly.

7.3.3 Extended delays may result in price adjustments to reflect material cost increases or storage requirements.

7.4 Reattendance & Return Visits

7.4.1 If Blueprint To Build is required to attend site more than once due to incomplete site conditions or third-party works, additional labour and call-out costs shall apply.

7.4.2 Reattendance will be invoiced at Blueprint To Build’s prevailing rates.

7.4.3 Such invoices are payable in accordance with standard payment terms.

7.5 Storage

7.5.1 If Goods are manufactured but installation is delayed at the Client’s request or due to site conditions, Blueprint To Build may:

(a) invoice for the Goods in full;
(b) store the Goods at the Client’s risk;
(c) charge reasonable storage fees.

7.5.2 Risk in the Goods passes to the Client upon storage where installation is delayed beyond the agreed schedule.

7.6 Damage After Installation

7.6.1 Blueprint To Build is not responsible for damage caused by other trades after installation.

7.6.2 The Client must inspect the Works at practical completion.

7.6.3 Any damage caused by third parties after installation is the responsibility of the Client.

8.1 Payment Obligations

8.1.1 The Client must pay all invoices strictly in accordance with the payment stages outlined in the quotation.

8.1.2 Payment claims are not subject to retention, withholding, set-off or counterclaim unless required by law.

8.1.3 Failure to make payment when due constitutes a substantial breach of this agreement.

8.2 Suspension of Works

8.2.1 If any invoice remains unpaid after the due date, Blueprint To Build may, without prejudice to any other rights:

(a) suspend design, manufacture or installation;
(b) withhold delivery of Goods;
(c) refuse site attendance;
(d) cancel any scheduled installation dates.

8.2.2 Suspension shall not constitute a breach by Blueprint To Build.

8.2.3 Any costs arising from suspension or rescheduling shall be payable by the Client.

8.3 Retention of Title

8.3.1 Legal and beneficial title in all Goods supplied remains with Blueprint To Build until full payment of all monies owing under the agreement is received.

8.3.2 Until title passes:

(a) the Client holds the Goods as bailee for Blueprint To Build;
(b) the Client must not sell, dispose of or encumber the Goods;
(c) the Goods must be identifiable as the property of Blueprint To Build.

8.3.3 Blueprint To Build may enter the site or premises where the Goods are located to recover unpaid Goods, provided it does so lawfully.

8.3.4 The Client indemnifies Blueprint To Build for any costs associated with recovery of Goods.

8.4 Risk

8.4.1 Risk in the Goods passes to the Client upon delivery to site or collection.

8.4.2 Where installation is delayed at the Client’s request or due to site conditions, risk passes upon storage.

8.4.3 The Client must insure the Goods from the time risk passes.

8.5 Interest & Recovery Costs

8.5.1 Overdue amounts may attract interest at a rate of 10% per annum, calculated daily.

8.5.2 The Client is liable for all reasonable costs incurred in recovering unpaid amounts, including legal fees and debt recovery charges.

8.6 Security of Payment

8.6.1 Nothing in these Terms limits Blueprint To Build’s rights under the Building and Construction Industry Security of Payment Act 2002 (Victoria).

8.6.2 Blueprint To Build may issue payment claims and exercise statutory rights available under applicable legislation.

8.7 No Set-Off

8.7.1 The Client must not withhold or reduce payment due to alleged defects or disputes unless permitted by law.

8.7.2 Any dispute must be raised in writing within seven (7) days of invoice issue.

9.1 Statutory Guarantees

9.1.1 Nothing in these Terms excludes, restricts or modifies any rights the Client may have under the Australian Consumer Law.

9.1.2 Where Goods or services are supplied to a consumer, statutory guarantees apply as required by law.

9.2 Defects Liability Period

9.2.1 Blueprint To Build provides a defects liability period of twelve (12) months from the date of practical completion.

9.2.2 During this period, Blueprint To Build will rectify defects arising from faulty workmanship.

9.2.3 The Client must notify Blueprint To Build in writing within seven (7) days of becoming aware of any defect.

9.3 Exclusions

9.3.1 The following are excluded from warranty:

(a) fair wear and tear;
(b) movement in building structure;
(c) moisture damage, water ingress or site-related issues;
(d) misuse, neglect or modification;
(e) damage caused by third parties;
(f) natural variation in timber grain, colour or finish;
(g) normal material expansion and contraction.

9.3.2 Manufacturer warranties apply to appliances, hardware and third-party products.

9.4 Access for Rectification

9.4.1 The Client must provide reasonable access for inspection and rectification.

9.4.2 If access is denied or delayed, warranty obligations may be suspended.

10.1 No Exclusion of Statutory Rights

10.1.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable legislation which cannot lawfully be excluded.

10.2 Exclusion of Indirect Loss

10.2.1 To the maximum extent permitted by law, Blueprint To Build shall not be liable for:

(a) consequential loss;
(b) indirect loss;
(c) loss of profit;
(d) loss of revenue;
(e) loss of opportunity;
(f) loss of business goodwill;
(g) delay-related losses;
(h) liquidated damages imposed by third parties;
(i) business interruption.

10.2.2 This exclusion applies whether the claim arises in contract, tort (including negligence), equity or otherwise.

10.3 Liability Cap

10.3.1 To the extent permitted by law, the total aggregate liability of Blueprint To Build arising out of or in connection with the agreement shall not exceed the total amount actually paid by the Client under the contract.

10.3.2 This limitation applies cumulatively to all claims.

10.3.3 This clause does not apply to liability that cannot lawfully be limited.

10.4 Proportionate Liability

10.4.1 To the extent permitted by law, Blueprint To Build’s liability is limited to the proportion of loss directly attributable to its breach.

10.4.2 Blueprint To Build is not liable for loss contributed to by:

(a) other contractors;
(b) consultants;
(c) the Client;
(d) site conditions;
(e) third parties.

Why this works:

• Protects against builder liquidated damages claims
• Prevents profit-loss claims
• Caps exposure to contract value
• Aligns with ACL
• Avoids unfair contract drafting

11.1 Ownership

11.1.1 All intellectual property created by Blueprint To Build including drawings, shop drawings, CAD files, renderings, specifications, manufacturing files, technical documentation and concepts remains the sole property of Blueprint To Build.

11.1.2 Intellectual property does not transfer to the Client upon payment unless expressly agreed in writing.

11.2 Licence for Limited Use

11.2.1 Upon full payment, the Client is granted a non-exclusive licence to use the drawings solely for the purpose of enjoying the completed Works.

11.2.2 The licence does not permit:

(a) reproduction for manufacture by third parties;
(b) modification of designs;
(c) resale of documentation;
(d) commercial exploitation.

11.3 Non-Payment

11.3.1 If payment remains outstanding, no licence is granted.

11.3.2 Any use of drawings prior to full payment constitutes infringement.

11.4 Moral Rights

11.4.1 Blueprint To Build retains moral rights in its designs.

12.1 Suspension for Breach

12.1.1 Blueprint To Build may suspend work if the Client:

(a) fails to make payment;
(b) interferes with works;
(c) fails to provide access;
(d) commits a substantial breach.

12.1.2 Suspension does not waive Blueprint To Build’s rights.

12.1.3 Time for completion is extended during suspension.

12.2 Termination by Blueprint To Build

12.2.1 Blueprint To Build may terminate immediately by written notice if:

(a) payment remains overdue;
(b) the Client becomes insolvent;
(c) there is repudiation of the agreement.

12.2.2 Upon termination:

(a) all outstanding invoices become immediately due;
(b) work completed but not invoiced becomes payable;
(c) manufactured goods must be paid in full.

12.3 Termination by Client

12.3.1 The Client may terminate by written notice.

12.3.2 The Client remains liable for:

(a) all completed work;
(b) work in progress;
(c) materials ordered;
(d) reasonable loss of profit on unperformed works.

13.1 Notice of Dispute

13.1.1 A party must issue written notice outlining the dispute.

13.1.2 Parties must attempt resolution in good faith within fourteen (14) days.

13.2 Mediation

13.2.1 If unresolved, the dispute may be referred to mediation in Victoria.

13.2.2 Costs are shared equally unless agreed otherwise.

13.3 Statutory Rights

13.3.1 Nothing prevents Blueprint To Build from exercising rights under the Building and Construction Industry Security of Payment Act 2002 (Vic).

14.1 Blueprint To Build is not liable for delay or failure due to events beyond reasonable control, including:

(a) supplier shortages;
(b) material discontinuation;
(c) industrial disputes;
(d) government restrictions;
(e) extreme weather;
(f) transport disruption.

14.2 Time for performance is extended accordingly.

15.1 Governing Law

This agreement is governed by the laws of Victoria, Australia.

15.2 Severability

If any clause is invalid, remaining clauses remain enforceable.

15.3 No Waiver

Failure to enforce a provision does not constitute waiver.

15.4 Assignment

The Client may not assign rights without written consent.

15.5 Electronic Communication

Electronic communication constitutes valid written notice.

15.6 Counterparts

The agreement may be executed electronically.