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Thanks so much for that. I must have ticked something wrong when filling out my tax return. Will go over it tonight again. Luckily I hadn't submitted it yet
Now, some of the defects our steel frame installer picked up within the time frame allowed, so we should at least be covered for those items, right?
The thing is, it would have been impossible to go through, measure and count the thousands of items and little pieces. There is simply not enough room to lay everything out and check
A lot of the defects we could not see until we got to the installation stage of those particular items.Does this mean we don't have a case? Since it took us more than 7/14 days to discover the defects????
I have just gone through the contract again and … from what I can see the supplier has got himself covered
Delivery Of Goods
The failure of the Supplier to deliver shall not entitle either party to treat this contract as repudiated.
15.9 The Supplier shall not be liable for any loss or damage whatever due to failure by the Supplier to deliver the
Goods (or any of them) promptly or at all, where due to circumstances beyond the control of the Supplier.Risk
The Client acknowledges that prior to installation of the Goods that it is the Client and/or his agent’s
responsibility to check the measurements of the area for installation to ensure the Goods are compliant with the
original measurements. Failure to comply with this clause by the Client shall indemnify the Supplier from any
extra costs in rectifying the Goods. On written agreement between the Supplier and the Client any rectification
of the Goods shall be deemed to be a variation of the original quotation and will be detailed separately as per
clause 14.2.Defects
The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the
essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the
description or quote. The Client shall afford the Supplier an opportunity to inspect the Goods within a
reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall
fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For
defective Goods, which the Supplier has agreed in writing that the Client is entitled to reject, the Supplier’s
liability is limited to either (at the Supplier’s discretion) replacing the Goods or repairing the Goods except where
the Client has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or
the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the
consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement
of the Goods.Warranty
Subject to the conditions of warranty set out in clause 21.2 the Supplier warrants that if any defect in any
workmanship of the Supplier becomes apparent and is reported to the Supplier within fourteen (14) days of the
date of delivery (time being of the essence) then the Supplier will either (at the Supplier’s sole discretion)
replace or remedy the workmanship.Thanks Terry
Terryw wrote:Since your mum is an owner of the property the loan must be in your name and hers – or maybe your name only with a guarantee from your mum.I would much rather My name only with a guarantee from my mum. What about adding my partner's name to the loan. Would this be a problem?
Terryw wrote:Lenders are also very fussy about giving money out without knowing the full reason and, sometimes even controlling the payment of the funds. "investment purposes" won't make it anymore – it used to be ok.What would be the best thing to say in my case? Should I just say the truth?
