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  1. #1
    Join Date
    Aug 2007
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    Brisbane
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    Default Shed contract questions

    OK, realise most here probably aren't lawyers, and not looking for lawyer type answers. Just need about of an answer about how far we should insist on getting clarification as far as contracts go.

    First concern - the builder's name, ABN, and address aren't actually filled into the appropriate sections for that
    second concern - there is a clause that talks about the contractor terminating the contract under clause 15(d)(i), but there is no such clause in the contract - I assume that makes the clause that refers to it null and void?

    The only answer we can get is "I just sell sheds, I don't understand the legal stuff", and no suggestion that he will find out the answer from someone who does know. What I want to do is insist that the name/ABN etc is included, and then just ignore the other clause that doesn't seem to apply. Am I right?
    The other day I described to my daughter how to find something in the garage by saying "It's right near my big saw". A few minutes later she came back to ask: "Do you mean the black one, the green one, or the blue one?".

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  3. #2
    Join Date
    Jan 2004
    Location
    Towradgi
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    4,835

    Default

    I'd walk away, if no money has traded hands.

    If money has been exchanged, ring the local Fair Trading Authority and get their advice.

    If it looks like faeces , smells like faeces, then it's faecal matter and best avoided!
    Pat
    Work is a necessary evil to be avoided. Mark Twain

  4. #3
    Join Date
    May 2008
    Location
    BELL POST HILL, 3215
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    Posts
    2,332

    Default Sheds AAAAGGHH.

    Hi All,
    This was in our local paper a few days ago.
    Scumbag who owned the business of erecting Sheds, has just returned from Hols in QLD. & left this poor fella $20,000 out of pocket.
    Has no intentions of putting his Shed up.
    So, how do you beat these so & so's ???.
    Nothing to do with me, woodn't mind the $20000 though.
    Regards,
    issatree.
    Have Lathe, Wood Travel.

  5. #4
    Join Date
    Aug 2007
    Location
    Brisbane
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    1,156

    Default

    Thing is though, this is a really big, reputable, nationwide shed company. If we walk away from this, there's nobody around more reputable to look at. I won't say which company it is, but if you think of Totalspan, Titan, Stratco, Randbuild and those sort of size companies then that's the type of company, so not some shady fly by night dude.
    The other day I described to my daughter how to find something in the garage by saying "It's right near my big saw". A few minutes later she came back to ask: "Do you mean the black one, the green one, or the blue one?".

  6. #5
    Join Date
    May 2012
    Location
    Woodstock (Cowra)
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    74
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    3,372

    Default

    Short answer and long answer all in one....TAKE YOUR CONCERNS TO DEPT FAIR TRADING and be guided by them, they are the definitive umpires in these matters
    The person who never made a mistake never made anything

    Cheers
    Ray

  7. #6
    Join Date
    Feb 2006
    Location
    Perth
    Posts
    27,756

    Default

    Quote Originally Posted by petersemple View Post
    Thing is though, this is a really big, reputable, nationwide shed company. If we walk away from this, there's nobody around more reputable to look at. I won't say which company it is, but if you think of Totalspan, Titan, Stratco, Randbuild and those sort of size companies then that's the type of company, so not some shady fly by night dude.
    Size means very little - there are scumbags in all sizes. I'd report him and look elsewhere.

  8. #7
    Join Date
    Sep 2007
    Location
    Maitland
    Posts
    66

    Lightbulb Contract

    Ask the supplier to fill in the missing information, then check the ABN on the ABN Register (free) and then put a line through the clause that appears to be irrelevant and that then gets it out of the contract arena.

    If they refuse to totally complete the form then walk oops run away.

    Be careful.

    Router

  9. #8
    Join Date
    Feb 2003
    Location
    back in Alberta for a while
    Age
    68
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    12,006

    Default

    Quote Originally Posted by petersemple View Post
    OK, realise most here probably aren't lawyers, and not looking for lawyer type answers. Just need about of an answer about how far we should insist on getting clarification as far as contracts go.

    First concern - the builder's name, ABN, and address aren't actually filled into the appropriate sections for that
    second concern - there is a clause that talks about the contractor terminating the contract under clause 15(d)(i), but there is no such clause in the contract - I assume that makes the clause that refers to it null and void?

    The only answer we can get is "I just sell sheds, I don't understand the legal stuff", and no suggestion that he will find out the answer from someone who does know. What I want to do is insist that the name/ABN etc is included, and then just ignore the other clause that doesn't seem to apply. Am I right?
    no ABN means you as the customer are supposed to with hold 1/11th to pass onto the tax man.

    the quoted Price is supposed to include 10% GST -- $100 + 10% = $110. 10/110 = 1/11.
    regards from Alberta, Canada

    ian

  10. #9
    Join Date
    Nov 2010
    Location
    Toowoomba and Online at www.shedblog.com.au
    Age
    57
    Posts
    54

    Default

    Quote Originally Posted by petersemple View Post

    First concern - the builder's name, ABN, and address aren't actually filled into the appropriate sections for that
    second concern - there is a clause that talks about the contractor terminating the contract under clause 15(d)(i), but there is no such clause in the contract - I assume that makes the clause that refers to it null and void?
    Hi Peter, are you just buying a kit or having the shed supplied and erected? Are you dealing with a salesman, the manager, the owner or a builder?

    Some shed sellers will be "supply only" and therefore have no builders licence to insert. Are you referring to part of a contract for building? or a contract to supply?

    Buying a brand of shed from a large manufacturer like the companies you mentioned does not mean the person you make the purchase through (the reseller) is a big time shed person. Often small one man operations are engaged to resell a suppliers product.

    Perhaps a phone call to the head office of the Manufacturer could assist?

    You are well within your rights to have a copy of any terms and conditions that can effect your contract...like clause 15(d)(i)
    The statement "I just sell sheds, I don't understand the legal stuff"
    This is just a cop out and should not be accepted.
    Steel Sheds in Australia Helpful information for people looking to buy, build, extend or renovate a steel shed. www.shedblog.com.au

  11. #10
    Join Date
    Aug 2011
    Location
    bilpin
    Posts
    3,551

    Default

    Sounds to me that the contract you are signing is to get things underway so building application and plans can be submitted to Council. This is normal proceedure if the other party is the supplier only. At this stage, the builder has probably not been chosen,so there is nothing showing on the contract. Just put in TBA. Unless its important to you to know exactly who is going to chuck up your shed. Any clauses that are not relavent, put a line through and both parties sign off in the margin.
    Licenced Builder.

  12. #11
    Join Date
    Aug 2005
    Location
    Melbourne
    Age
    59
    Posts
    289

    Default

    Quote Originally Posted by petersemple View Post

    The only answer we can get is "I just sell sheds, I don't understand the legal stuff", and no suggestion that he will find out the answer from someone who does know. What I want to do is insist that the name/ABN etc is included, and then just ignore the other clause that doesn't seem to apply. Am I right?
    If it was me I'd want to know that these guys were on the ball. If no money has changed hands I'd be looking elsewhere. The guy might just sell sheds but he isn't much of a salesman. If I was a salesman I'd want to have all the answers and make sure I got the sale.

    When I was buying a shed I went through a few dills before I found someone that was reasonably helpful.

    The thing I would be worried about with your mob is what sort of after sales service are you going to get from them if they don't understand paperwork that they use regularly.

  13. #12
    Join Date
    Feb 2003
    Location
    back in Alberta for a while
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    68
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    12,006

    Default

    Quote Originally Posted by Shedblog Au View Post
    Hi Peter, are you just buying a kit or having the shed supplied and erected? Are you dealing with a salesman, the manager, the owner or a builder?

    Some shed sellers will be "supply only" and therefore have no builders licence to insert. Are you referring to part of a contract for building? or a contract to supply?

    Buying a brand of shed from a large manufacturer like the companies you mentioned does not mean the person you make the purchase through (the reseller) is a big time shed person. Often small one man operations are engaged to resell a suppliers product.
    Peter

    can you answer these questions


    is the contract supply only or
    supply and erect?
    regards from Alberta, Canada

    ian

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