Terms of Trade

1. Introduction

These Terms of Trade ("Agreement") govern the provision of services by Monkey Mezzanine & Contracting ("we," "our," or "the Company") to our clients ("you," "your"). By engaging our services, you agree to these terms, and they will be binding upon the commencement of any work or provision of services.

2. Services

We specialize in the design, fabrication, installation, and project management of mezzanine floors, commercial fitouts, and concreting services. Our services are performed in accordance with industry standards and are tailored to meet your specific business needs.

3. Estimates & Quotes

• Estimates: Any estimates provided by the Company are based on preliminary discussions and may be subject to change. All estimates are non-binding unless a formal written contract is signed.
• Quotes: A formal quote will be provided upon approval of a design or scope of work. Quotes are valid for 30 days and include all materials, labour, and additional costs necessary to complete the agreed scope of work.

4. Deposits and Payments

• Deposit Requirement: A deposit of 50% of the total project value is required upon acceptance of the quote and prior to commencement of work. The deposit is refundable only under specific circumstances outlined below.
• Payment Terms: 30% due upon arrival of site material, prior to installation and the remaining balance is due upon completion of the work or within the agreed payment schedule, unless otherwise specified in the contract.
• Refund of Deposit: We reserve the right to refund the deposit at any time and for any reason, subject to our discretion and the circumstances of the project. This may include changes to the project scope, cancellations, or unforeseen delays.

5. Scope of Work and Variations

• Scope of Work: The scope of work is defined in the contract and the agreed-upon quote. Any deviation from this scope must be authorized in writing by both parties.
• Variations: Any additional work or change in the scope of work, including design modifications or material adjustments, will be treated as a variation. Variations will be subject to an additional cost, and we will provide a revised estimate before proceeding with any changes.

6. Client Obligations

• Access: The client must ensure timely access to the worksite and any areas necessary to perform the services. The client is responsible for obtaining any necessary permits or approvals required for the project.
• Information: The client must provide accurate and complete information about their requirements, project specifications, and any legal or compliance requirements related to the site.

7. Timelines and Delays

• Timeline: We will provide an estimated timeline for project completion. However, delays may occur due to unforeseen circumstances, such as weather conditions, supply chain disruptions, or changes in project scope.
• Delays: If a delay is caused by the client (e.g., failure to provide required information or approval), we may adjust the project schedule or impose additional charges.

8. Cancellations

• Client Cancellation: If you decide to cancel the project after commencement, you must notify us in writing. Depending on the stage of the project, a cancellation fee may apply, and the deposit may not be refundable.
• Company Cancellation: We reserve the right to cancel or reschedule any project for reasons including but not limited to safety concerns, regulatory changes, or unforeseen circumstances beyond our control. In such cases, any prepaid deposits will be refunded in full, or a mutually agreed-upon alternative will be discussed.

9. Warranty and Guarantee

At Monkey Mezzanine & Contracting, we are committed to delivering the highest quality craftsmanship and materials for all our projects. To ensure your peace of mind, we provide a comprehensive Warranty and Guarantee for the work we perform.

1. Craftsmanship Warranty

We offer a 10-year Craftsmanship Warranty on all of our services, ensuring that the work we complete is free from defects in workmanship. This warranty is valid from the date of project completion and covers any defects arising from improper installation or failure to meet industry standards.

What's Covered:

• Structural issues in mezzanine floors, such as misalignment, sagging, or cracking due to faulty installation.
• Concrete defects such as cracks, uneven surfaces, or settling that are the result of improper techniques or poor workmanship.
• Commercial fit-out work that does not meet the agreed specifications or has issues caused by poor installation or assembly.

What's Not Covered:

• Damage caused by external factors including natural disasters, vandalism, accidents, or misuse.
• Wear and tear that occurs over time with normal use.
• Any issues caused by modifications made to the work after completion by anyone other than our team.
• Damage resulting from lack of maintenance or improper care of the finished project.

Remedy: In the event of a covered defect, Monkey Mezzanine & Contracting will repair or replace the defective work at no additional cost to you. We will make reasonable efforts to complete repairs within 30-60 days of notification, depending on the scope and nature of the defect.

2. Material Warranty

We use only high-quality materials sourced from reputable suppliers. Many of the materials used in our projects may carry a manufacturer's warranty. If you experience any issues related to the materials used, we will work with the manufacturer to resolve the issue in accordance with their warranty terms.

What's Covered:

• Defects in materials such as steel, concrete, and fixtures.
• Manufacturer defects or issues that arise due to poor material quality, subject to manufacturer terms and conditions.

What's Not Covered:

• Any damage to materials caused by external factors such as accidents or misuse.
• Normal wear and tear of materials or finishes that naturally degrade over time.

3. Guarantee of Work

In addition to our warranty, we provide a guarantee of workmanship, meaning that our team of skilled professionals will perform all work according to the highest standards of the construction and contracting industry. We guarantee that the installation and construction will meet the requirements of your specifications, as well as local building codes and safety regulations.

Our Guarantee Includes:

• All work will be completed to the highest professional standards as per the agreed-upon design and scope.
• Our team will follow all relevant industry regulations, building codes, and safety standards to ensure compliance.
• All work will be completed in a timely manner, with attention to detail and minimizing disruptions to your business.

If Any Issues Arise with the Quality of Work: If you experience any issues related to the quality of our work that affect the usability or safety of your space, we will make all necessary repairs or modifications at no additional charge within the warranty period.

4. Overloading of Floors and Structural Elements

At Monkey Mezzanine & Contracting, we ensure that the design and installation of mezzanine floors and structural elements meet or exceed industry standards and local building codes for weight-bearing capacity. However, it is important to note that overloading of floors or any structural element beyond the live distributed design load specified in the project's design will void any applicable warranty or guarantee.

What is Covered:

• The design and installation of mezzanine floors and structural elements are performed to withstand the live distributed design load as specified in the project's design documentation. This load includes the maximum weight that can be safely distributed across the floor area during typical use.
• The live distributed load refers to the anticipated load from people, equipment, and other movable items that the floor or structure is designed to support. This will be specified based on your unique project requirements and local regulations.

What is Not Covered:

• Any damage or defects caused by exceeding the live distributed design load as defined in the project specifications. This includes excessive weight from equipment, materials, or goods placed on the mezzanine floor or other structural components beyond the designed load capacity.
• Alterations, modifications, or additions that affect the load-bearing capacity of the structure without prior approval from Monkey Mezzanine & Contracting.

Client Responsibility: The client is responsible for ensuring that the live distributed load specified in the design is not exceeded during and after project completion. The client must ensure that no items, equipment, or materials are placed on the floor or structural elements that exceed the design load capacity. If there is any doubt about the load-bearing capacity, the client should seek guidance from Monkey Mezzanine & Contracting.

Remedy for Overloading: In the event that overloading occurs, resulting in structural failure or damage, Monkey Mezzanine & Contracting will not be held liable for repairs or replacements, and the client may be required to bear the full cost of remedial work. This may include reinforcing the structure or replacing damaged components to restore the floor's integrity and load-bearing capacity.

5. Transferability

Our Craftsmanship Warranty and Guarantee of Work are transferable to the new owner if the property is sold, provided the transfer is completed within 30 days of the sale and the new owner provides written notice of the transfer to Monkey Mezzanine & Contracting.

6. Claim Process

To initiate a claim under our Warranty or Guarantee, please follow these steps:

1. Contact us in writing at info@mezzaninemonkeycontracting.com.au or call +61 491708737 within 30 days of noticing the defect.
2. Provide details of the issue, including a description of the defect, location, and photos (if possible).
3. Once received, we will arrange an inspection of the affected area within 14 days.
4. If the issue is covered under our Warranty or Guarantee, we will provide a repair timeline and begin the necessary work promptly.

7. Exclusions and Limitations

This Warranty and Guarantee are void in the following circumstances:

• Failure to comply with recommended maintenance practices.
• Damage caused by third-party interference, including modifications, repairs, or additions to the project by anyone other than our authorized personnel.
• Force Majeure events such as natural disasters, war, or other events beyond our control.
• Improper use or neglect of the completed work, including damage resulting from heavy usage or actions not intended by the original design.

8. Indemnity

To the fullest extent permitted by law, the client agrees to indemnify and hold harmless Monkey Mezzanine & Contracting, its employees, contractors, and affiliates, from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from any of the following:

• Misuse of the completed work beyond its intended purpose.
• Failure to adhere to weight-bearing limits or other specifications outlined in the design documents.
• Any third-party claims related to property damage, injury, or accidents caused by overloading, neglect, or improper maintenance of the constructed elements.

9. Insurance

Monkey Mezzanine & Contracting maintains appropriate insurance coverage to protect both our team and our clients during the course of our work. This includes:

• Public Liability Insurance covering any third-party claims for damage or injury during construction or installation.
• Workers' Compensation Insurance to protect our workers while on the job.
• Product Liability Insurance in case of any issues with the materials used in construction.

Upon request, we can provide copies of our current insurance certificates for your reference.

10. Dispute Resolution

In the event of any disputes or disagreements relating to this Warranty and Guarantee, both parties agree to work together in good faith to resolve the issue amicably. If an agreement cannot be reached through informal negotiation, we agree to engage in alternative dispute resolution (ADR), including mediation or arbitration, as a means of resolving the issue without resorting to litigation.

11. Duration of Warranty and Guarantee

It's important to note that while our Craftsmanship Warranty is for 10 years, the material warranties provided by manufacturers may extend beyond that period. Depending on the nature of the materials used in your project, the warranty period for materials may range from 5 years to lifetime warranties, as dictated by the material manufacturer.

12. Maintenance Recommendations

To ensure the longevity and safety of the mezzanine floors and fit-out work, Monkey Mezzanine & Contracting recommends periodic maintenance and inspection of the structures. While the warranty covers defects in workmanship and materials, regular inspections can prevent issues from developing over time. If you need assistance with regular maintenance, we are happy to provide ongoing support at competitive rates.

13. Compliance with Health and Safety Regulations

We ensure that all work is completed in full compliance with local health and safety regulations. Our teams are trained to follow the highest safety standards, and we will implement all necessary measures to minimize risks to your property and personnel during the construction process.

14. Modification or Termination of Warranty and Guarantee

We reserve the right to modify, update, or terminate the Warranty and Guarantee under the following circumstances:

• If there is a breach of the contract by the client, such as failure to pay invoices on time.
• If the client makes unauthorized modifications to the work performed.
• If the client's actions or failure to maintain the work leads to damage or deterioration.

Any changes or terminations will be communicated to the client in writing, and the client will have the opportunity to address the issues.

15. Governing Law and Jurisdiction

This Warranty and Guarantee shall be governed by the laws of the jurisdiction in which Monkey Mezzanine & Contracting operates. Any disputes or claims arising from this agreement shall be resolved within the applicable courts of that jurisdiction.

10. Insurance

• Public Liability Insurance: We maintain comprehensive public liability insurance to cover potential damages or injuries caused by our work. A certificate of insurance can be provided upon request.
• Workers' Compensation: We comply with local regulations and hold workers' compensation insurance for all our employees.

11. Indemnity and Liability

• Indemnity: The client agrees to indemnify and hold harmless Monkey Mezzanine & Contracting and its employees from any claims, losses, or damages arising out of the use of the completed project or any other circumstances beyond our control.
• Limitation of Liability: Our liability for any claim arising from the provision of services will be limited to the total value of the contract, excluding any consequential or indirect losses.

12. Compliance with Laws and Regulations

We adhere to all applicable local, state, and federal laws, including:

• Building Codes: All work complies with local building codes, safety regulations, and industry standards.
• Environmental Compliance: We make every effort to follow sustainable practices and comply with environmental regulations relevant to our industry.

13. Dispute Resolution

• Negotiation: In the event of a dispute, both parties agree to initially attempt to resolve the issue through good faith negotiation.
• Mediation: If the dispute is not resolved through negotiation, both parties agree to enter mediation, where an independent mediator will facilitate a resolution.
• Arbitration: If mediation fails, disputes will be resolved through binding arbitration, with the arbitration venue to be agreed upon by both parties.

14. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the project. This includes business information, designs, pricing, and any other information not publicly available.