Workmanship Guarantee
Effective date: 20 January 2020
Duration: 36 months from practical completion (unless otherwise stated in the contract)
Website: https://www.theasphaltcompany.com.au
Contact: contact@theasphaltcompany.com.au | +61 450 413 547
1. What this Guarantee covers
We guarantee that workmanship performed and materials supplied by The Asphalting Company for the Services contracted by the Client will be free from defects arising from our workmanship for 36 months from the date of practical completion. If a defect covered by this Guarantee appears within that period, we will, at our option and subject to these terms:
- inspect the defect; and
- repair or rectify the defect, or replace any defective workmanship or supply, at no charge to the Client (reasonable travel and access permitting).
This Guarantee covers only defects that are caused directly by our workmanship, installation methods or by materials we have supplied where a manufacturing fault is evident.
2. When the Guarantee does not apply (key exclusions)
This Guarantee does not cover damage, defects or failure resulting from any of the following (including examples):
- Natural ground movement (e.g., subsidence, settlement, soil heave) or ground movement caused by weather or geological conditions.
- Flooding, storm damage, stormwater overflows or other extreme weather events.
- Tree roots and vegetation intrusion unless we specifically included root-cutting/removal in the Scope of Work and it was documented in the Contract.
- Subgrade or sub-base failure caused by existing site conditions (including clay, contaminated soils, organic matter, or inadequate existing base) unless our Contract expressly included testing/remediation and we performed the remediation.
- Third-party damage (vehicles, plant, contractors, vandalism), accidental damage or misuse.
- Lack of routine maintenance or failure to follow the maintenance guidance we provided (e.g., failure to keep drainage clear, permit water pooling).
- Alterations, additions or repairs performed by anyone other than The Asphalting Company without our written approval.
- Normal wear and tear and minor hairline cracking consistent with normal thermal movement and curing.
- Acts of God, riots, war, pest infestation, or any event outside of our control (also see Force Majeure clause in the Contract).
- Manufacturer defects to materials supplied by third parties are covered only to the extent of the manufacturer’s warranty; we will assist with passing through manufacturer warranties but do not assume additional liability beyond that warranty.
3. Conditions to keep the Guarantee valid
This Guarantee will be void if any of the following apply:
- the Client has not paid all invoices in full (outstanding payments related to the job must be cleared before warranty work is scheduled);
- the Client, or any third party, tampers with or repairs the works without our written consent before we inspect and approve the defect claim;
- the Client fails to follow our reasonable maintenance instructions and recommended practices (drainage, sealing, avoiding concentrated loads beyond design); or
- site conditions materially change after practical completion (new excavations nearby, new plant installations, unauthorized works that affect drainage or loads, etc.).
4. How to make a claim
- Notify us promptly by email to contact@theasphaltcompany.com.au with: job address, contract/quote number, date of practical completion, a short description of the defect, photos showing the defect and surrounding area, and your contact details. You should inform us as soon as you reasonably notice the issue — do not allow defects to worsen.
- We will acknowledge receipt and arrange a site inspection within a reasonable timeframe (typically within 14 business days, subject to weather and access).
- Following inspection we will advise whether the defect is covered by this Guarantee. If covered, we will provide a remedial plan and timing. If not covered, we will explain the reason and provide a quotation for remedial work where appropriate.
- If the cause is unclear, we may require non-destructive or destructive testing (e.g., core sampling) at our discretion; where the defect is covered, we will arrange and pay for reasonable testing; where it is not covered, testing costs may be chargeable to the Client.
5. Remedies and limits
- Our obligation under this Guarantee is limited to repair, rectification or replacement of the defective workmanship at our discretion. We will not be obliged to pay for consequential losses (loss of business, loss of revenue, inconvenience, or other indirect losses).
- Where a warranty repair requires additional remedial works due to underlying site conditions not reasonably apparent at the time of the original work, we reserve the right to quote for additional remediation. If the condition is our responsibility (for example we failed to cut roots we contracted to remove), we will remediate at no charge.
- This Guarantee is in addition to any non-excludable statutory rights you may have (for example under the Australian Consumer Law). Nothing in this Guarantee is intended to exclude or limit those statutory rights where the law prohibits such exclusion.
6. Transferability
This Guarantee is provided to the original Client named in the Contract. Transfer of the Guarantee to a subsequent property owner is not automatic — transfer will only occur if we expressly agree in writing.
7. Insurance, safety and access
Warranty work will be carried out subject to safe access and reasonable scheduling. You must provide safe, unobstructed access and any required approvals or site safety information.
We maintain public liability insurance and workers’ compensation insurance; warranty works are carried out under those same insurance and safety arrangements.
8. Disputes about warranty claims
If there is a disagreement about whether a defect is covered, both parties will first attempt to resolve the dispute by good-faith discussion. If unresolved, the parties may agree to independent expert assessment (to be instructed by mutual agreement), and the expert’s finding will be binding on the technical facts of causation. Each party bears its own costs unless the expert decides otherwise.
9. Examples (quick reference)
Covered: We install a new asphalt patch and, due to faulty compaction by our crew, the patch subsides within 6 months. We will repair under the guarantee.
Not covered: After completion, heavy rainfall and unusual flooding causes subgrade saturation and collapse — not covered.
Covered if contracted: We explicitly agreed to cut and remove tree roots in the Scope of Work; we cut most roots but missed a major one that later cracked the asphalt — that defect is covered.
Not covered if client refused remediation: We warned that clay under the surface must be fully removed to avoid later failure; the client declined full removal and instructed limited removal — later failure due to remaining clay is not covered.
10. Other provisions
This Guarantee is governed by the same law and jurisdiction set out in our Terms & Conditions of Service.
We reserve the right to update or amend this guarantee policy; any material change will be notified and will not apply retrospectively to works already completed before the change.
13. Contact us
If you have questions, please contact us:
