ACT Concrete Terms and Conditions
OFFER: The vendor for the value set out in this quotation (the Quote) and in accordance with these Terms and Conditions shall provide and deliver to the purchaser’s nominated location (The Site) the materials for the structure as specified on the Quote. These Terms and Conditions and the details in the Quote comprise the whole of the Agreement between the Vendor and the purchaser unless otherwise expressly agreed to in writing.
AGREEMENT: Specifications and terms within the signed contract are considered to be the whole agreement. Any discrepancies requested verbally/via email are deemed invalid and up to discretion of the vendor to carry out and/or include as a variation.
PRICE: The Contract amount shown on the order form will be fixed for thirty days from the date of the order after which it will be subject to market price fluctuations. Any variations or changes to the building or the order shall not be binding unless accepted in writing by the Vendor and any costs borne by the purchaser.
ACCEPTANCE OF ORDER: A purchaser’s order shall not be deemed as accepted until it is checked and officially confirmed as accepted. The banking of deposits, issue of printed drawings or other details is not an agreement of acceptance.
PAYMENT: The purchaser shall pay to the Vendor the deposit at the time of submitting the order, and the full balance of the order amount by the progress payments specified on the order. This may include a deposit, works payment, and final payment. The Company may, if payment is not received within 7 days of invoice date, charge interest at 5% per week (calculated daily) on the overdue amount and unless payment is made in full, the customer will be liable for all costs associated with recovery.
HANDOVER/RECOVERY OF DEBT: The purchaser hereby consents to the company and to any person authorized by the company the right to enter upon the purchaser’s land to remove the works should the customer not pay the balance of monies due upon completion of the Agreement.
APPROVALS: The Vendor shall only be responsible for complying with the requirements of the relevant authorities to the extent of its obligations under this contract. The purchaser shall provide their own site plan and all other details as required by relevant authorities and submit same with the vendors details for approval and bear all costs imposed. If contracted to manage approvals, the vendor will provide a total price for the approval process (price may be subject to variance). In the instance of approval being declined, the vendor will provide a full refund less irreclaimable fees/monies spent during the approval process. The purchaser agrees to do all required research based on whether their particular building requires any approval, and base their construction decisions solely on their own research.
ENGINEERING / CERTIFICATION: The Client agrees the certifying Engineer and Building Certifier have the right to make any necessary changes to certify the concrete slab or piers to comply with the Building Code of Australian and State building regulations. The Client agrees to pay any additional cost incurred by such changes deemed necessary by the certifying Engineer or Building Certifier.
TIMING: All times quoted are estimates only. The delivery date agreed to in the Agreement is subject to the availability of material, labour, industrial disputes and unseasonal weather conditions. The company will not be held liable for any delays caused by incalculable issues. The Vendor shall not be liable to the purchaser or any other person for damages or in any manner whatsoever because of failure or delay in delivering the materials by the estimated times. The vendor will treat the estimated dates as targets and will make every reasonable effort to meet them.
SITE: The Vendor shall upon signing the contract have the license and authority for itself and subcontractors to enter the site during daylight hours without further notice to the purchaser for the purpose of carrying the Contract into effect. It is the purchaser’s responsibility to provide power and water to the construction site for vendor use if required. The Vendor or its sub-contractors shall not be liable for any damage caused to any pipe, cable, path or driveway, lawn, other structures or vegetation. It is the customer’s responsibility to clean the construction site upon completion. Upon signing the contract, the purchaser also gives the vendor the right to display any marketing or signage material on the entire block of the site for the full period between first contract signing, and the handover of finished product.
DELIVERY: The Vendor will not accept any liability arising from loss or damage sustained by any carrier other than the Vendors. No claims for damage or shortages will be recognised unless submitted within seven (7) days of receipt of materials. It is the purchaser’s responsibility to ensure all materials nominated on the delivery dockets are supplied and in satisfactory condition. Where access to the site is deemed difficult or unsafe by the delivery driver, the goods will be set down as close as practical to the site at the driver’s discretion and the purchaser shall relocate the materials at no cost to the Vendor. The purchaser or their agent must take delivery of goods and provide labour and/or hire of plant to unload and place goods on site. The purchaser will be responsible for the covering and securing of all delivered materials against weather, damage or theft.
CONCRETE: Contracts are based on standard builder’s reccomendation or engineering designs and do not allow for underground obstructions, rock, hard ground, or unstable/reactive soil conditions. The purchaser agrees to pay any additional costs incurred by the vendor in this regard. The purchaser must provide a clear and accessible site for the building. The site must be level to within 100mm tolerance. If the vendor deems any earthworks to be required, the customer agrees to pay any earthworks required in preparing the site at $250/hr (plus GST) plus tip and float fees. This includes but is not limited to all bobcat and excavation hire as well as costs to cover any fill required or removed. ACT Concrete is not required to complete any landscaping upon completion of the works. This includes reinstating or completing any paving, retaining walls, vegetation, or any other material/object which may have been moved/removed during the works process. ACT Concrete will do it’s best to leave a site how it is found, however small remnants from gravel, sand etc may be found.
HIDDEN OBSTRUCTIONS: If during works, services are damaged requiring repair such as Telstra, Electrical, Storm water, etc. the customer will pay the costs associated with the repair in addition to the Agreement price. It is the customer’s responsibility to advise the vendor of the existence of any such obstructions and to arrange (and pay any associated costs) for the location of same. It is also the customer’s responsibility to remove any asbestos from the site unless prior discussion with the vendor. Fail to do so will allow the vendor to arrange removal of the asbestos, at the customers expense.
VARIATIONS: If the purchaser wishes to make any change/s to the product as originally agreed upon and set out on the contract, the vendor will advise purchaser of any variation in price and tentative delivery dates for such change. The client agrees verbal instructions will not be accepted as a variation. All such change/s must be agreed, set out in writing and agreed by both vendor and purchaser.
DEFECTS LIABILITY PERIOD: The Company agrees for a period of 14 days from the completion of the agreement to rectify any faults or damage caused by materials or workmanship in the manufacture of the structure. The company will not be responsible for any faults or damage caused by negligence of the purchaser or after 14 days.
TITLE: All materials bought or delivered to the Site by the Vendor shall remain the property of the Vendor until payment in full of the order amount together with any other costs to be borne by the purchaser. Surplus and unused material remains the property of the Vendor and the purchaser is instructed to notify vendor of said additional material.
DISCLAIMER: Any advice, recommendation, information, assistance or service provided by the Vendor, its Employees, Agents, Sub-Contractors and Providers is given and/or made in good faith and is believed to be appropriate and reliable and all liability arising from any of these matters is fully disclaimed. The Vendor, its suppliers and/or its contractors will not be liable nor accept any consequential damages or claims.
MARKETING: the customer hereby grants the company and any person authorized by the company permission to film or photograph the building and without restraint allow its use for any promotional purposes without any recall to the company whether legal or monetary.
MEASUREMENTS: All measurements are nominal unless stated otherwise. Architectural drawings are provided as a guide only to the general appearance of the structure and measurements are not to be used for construction purposes.
CONTRACT CANCELLATION: The vendor may agree, but is not bound to agree, to a request in writing that the contract be cancelled after the contract term has expired and prior to a building being ordered. Any out of pocket expenses incurred to date will be on the purchaser’s behalf, including but not limited to council fees, engineering fees, certifier fees, and an administration fee of $275 (plus GST). These costs and outlays will be deducted from the deposit money paid by the Purchaser.