These are our website Terms and Conditions
1 SCGF Website Terms and Conditions
- The Smart Choice Granny Flats website is owned and operated by Kaskade Constructions Pty Ltd ACN 141 436 345 trading as Smart Choice Granny Flats ABN 57 141 437 345 (Smart Choice Granny Flats).
- By accessing and using the Smart Choice Granny Flats Website (SCGF Website), you agree to be bound by these Terms and Conditions of use (Terms and Conditions).
- If you do not agree, the use of the SCGF Website must be discontinued
- Smart Choice Granny Flats reserves the right to change and amend these Terms and Conditions at its discretion.
2 Use of SCGF Website
- Smart Choice Granny Flats provides the SCGF Website “as is”.
- Smart Choice Granny Flats does not warrant or make any representation as to the accuracy, currency or completeness of the contents of the SCGF Website or its use is free from technical or electronic errors.
- Except to the extent that Smart Choice Granny Flats takes all reasonable care and skill, Smart Choice Granny Flats does not warrant that the SCGF Website is free from any any virus.
- By accessing and using the SCGF Website, you agree and acknowledge that your use of the SCGF Website is at your own risk.
3 Disclaimer as to Use of the SCGF Website
- To the extent permitted by law, Smart Choice Granny Flats does not have any liability for any loss (including loss of profit), damage (whether indirect, consequential, punitive or special) or injury (whether in contract or tort), for any errors, inaccuracies, omissions in the information contained in the SCGF Website or arising as a result of use or reliance by you on the information, material and contents contained in the SCGF Website.
- You agree to indemnify and keep Smart Choice Granny Flats indemnified against any actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought by a third party in connection with your use of the SCGF Website, including unauthorised use, an act or omission by you or any breach of these Terms and Conditions by you.
4 Disclaimer as to the Products and Services Contained on the SCGF Website
- Smart Choice Granny Flats does not warrant or make any representation, express or implied, in respect of the products and services contained on the SCGF Website by Smart Choice Granny Flats, including, but not limited to, any warranty or representation that theproducts or services offered for purchase on the SCGF Website are correct, accurate, complete, free from errors or omissions, or fit for a particular purpose.
- We agree to be bound by the rights, remedies and statutory warranties available to you under the Australian Consumer Law and the Home Building Act 1989 (NSW) in relation to the products and services contained in and offered on the SCGF Website.
- Smart Choice Granny Flats may change, modify or alter the products and services contained on the SCGF Website from time to time.
5 Terms of Engagement and Contractual Relationship
- Smart Choice Granny Flats charges the following fees:
- Stage One Works: Survey of your Site
- In Stage One we survey your site to determine if your site will qualify for complying development certificate approval or if development approval from your local council is required. We charge a fixed fee of $2,200.00 inclusive of GST that is required to be paid seven days before your site inspection.
- Stage Two Works: Obtaining Building Approval
- If your site qualifies for complying development certificate approval, we will charge a fixed fee of $4,800.00 inclusive of GST to complete the necessary application to a private certifier to issue a CDC.
- In the event we are unable to obtain a CDC, we will refund the $4,800.00 inclusive of GST that you have paid to us.
- Stage Three Works: Construction of the Granny Flat
- Construction beings on the pouring of the concrete slab and ends on practical completion being the time that the granny flat is inspected as to whether it is fit for occupation.
- A single storey cladding granny flat can be constructed in 16 weeks; and
- A double storey granny flat or a brick veneer granny flat can be constructed in 22 weeks.
- Additional Fees may be charged
- We will provide an additional quote if you request variations to our quote provided or if you require additional services such as electrical upgrades. Otherwise, you are able to obtain your own quote from a tradesman of your choice.
- In addition, if issues arise during the build that we did not foresee at the time we gave you a quote, such as contaminated soil or rock underneath the surface of the site, we will inform you and provide you with a variation to our initial quote.
- You acknowledge and agree that in the event you engage Smart Choice Granny Flats to construct a granny flat, the rights and obligations between you and Smart Choice Granny Flats will be governed by the NSW Residential Building Contract for New Dwellings issued by the Housing Industry Association.
- To the extent there is any inconsistency between these Terms and Conditions and the specific Terms and Conditions set out in the NSW Residential Building Contract for New Dwellings relating to the construction of a granny flat, the NSW Residential Building Contract for New Dwellings will prevail.
6 Privacy and Collection of Information
- When you access the SCGF Website, details such as your internet protocol address, together with other similar identifying information, the date, time and duration of your visit and the pages you access may be collected and stored. Cookies may also be used to collect information.
7 Third Party SCGF Websites
- The SCGF Website contains links to third party websites. These are hosted by Smart Choice Granny Flats.
- Smart Choice Granny Flats is not responsible for any material contained in any linked SCGF Website.
- Smart Choice Granny Flats does not endorse or make any representation about the linked websites.
- Smart Choice Granny Flats does not have any liability for loss or damage arising as a result of reliance by you upon any information, opinion or judgement of the third party websites featured on the SCGF Website.
8 Disclaimer: Qualification of site for a granny flat build
- Smart Choice Granny Flats applies for and obtains the approvals required to construct the granny flat. The costs of obtaining the necessary approvals and Smart Choice Granny Flats, as well as your rights and obligations, are set out in NSW Residential Building Contract for New Dwellings.
- You acknowledge that:
- the construction of a granny flat is subject to state planning controls and legislation;
- Smart Choice Granny does not warrant or make any representation that a site will qualify for complying development under the Affordable Rental Housing SEPP 2009 or that a development consent can be obtained for the construction of a granny flat;
- the qualification of a site for the construction of a granny flat will be determined by, but not limited to a site’s size, rear and side setbacks, building height, dimensions, zoning, and planning restrictions such as flood and/or bush fire prone affectations, as well as the planning controls and requirements of your local council; and
- a planning certificate and a sewer service diagram will be required to identify the planning restrictions that apply to the site and the location of sewer pipes on the site and property and may incur fees.
9 Request for Changes
- Smart Choice Granny Flats considers requests for changes to a granny flat design, the colour scheme and finishes.
- You acknowledge and agree that any requests for changes made by you will be governed by the NSW Residential Building Contract for New Dwellings and may affect the price paid for the products and services contained in the SCGF Website.
10 Time for completion of construction
- Other than to the extent that Smart Choice Granny Flats will take all reasonable care and skill to complete construction within 16 weeks to 22 weeks (depending on the type of granny flat design) and in accordance with the terms and conditions of the NSW Residential Building Contract for new Dwellings, you acknowledge that completion of construction may be subject to:
- extensions of time as set out in NSW Residential Building Contract for New Dwellings; and/or
- site conditions, including but not limited to the presence of rocks, the type of soil present, asbestos, hazardous material or toxic substance.
11 Questions and Complaints
- If you have any questions, please contact customer support on 1300 176 278 or at firstname.lastname@example.org.
- If you have a complaint or dispute about these Terms and Conditions, contact us in the first instance before taking any further action.
- Smart Choice Granny Flats owns and reserves its rights in the copyright, trademark and other intellectual property rights in the SCGF Website, the plans, granny flat designs and materials provided on the SCGF Website.
- Except to the extent necessary for your personal and non-commercial use of the SCGF Website or as otherwise permitted by law, the SCGF Website, its contents, the plans, granny fat designs, and materials provided on the SCGF Website, other than links and references to third parties and their websites hosted by Smart Choice Granny Flats, cannot be reproduced, duplicated, copied, sold, published, disseminated or used that would violate any law or violate or infringe upon any intellectual property rights, including but not limited to the construction of same or similar granny flats.
- These Terms and Conditions are to be read and construed according to the laws of New South Wales.
- If any provision of these Terms and Conditions are invalid, illegal or unenforceable or in conflict with any rule of law, statute or regulation, that part must be read down to the extent necessary so as to be valid and enforceable and to have valid operation, alternatively it will be severed from these Terms and Conditions.
- These Terms and Conditions record the entire agreement between you and Smart Choice Granny Flats as to the use of the SCGF Website.