Effective date: 20 January 2020
Website: https://www.theasphaltcompany.com.au
Contact: contact@theasphaltcompany.com.au | +61 450 413 547
These Terms & Conditions of Service (“Terms”) govern all quotations, contracts, works, supplies and services (together, the “Services”) provided by The Asphalting Company ABN 98 149 714 806 (“we”, “our”, “us”, “The Asphalting Company”) to the person, company or other legal entity who accepts a quotation or otherwise engages us (“you”, “your”, “Client”). By accepting a quotation, paying a deposit, signing a written contract, or instructing us to proceed, you agree to be bound by these Terms.
The Services to be provided are detailed in the accepted quotation or written contract (“Scope of Work”). Unless expressly stated, the Scope of Work does not include removal of hazardous materials, council/utility permits, relocation of underground services, or work outside the described area.
You must provide safe, unobstructed access to the Site, power and water supply (if required), and any required parking. You must ensure any vehicles, pets, or obstructions are removed prior to commencement.
You must obtain and pay for all permits, approvals, council fees and approvals required for the works unless the quotation expressly includes them.
You warrant that you own or have authority to approve the works at the Site, and you will notify us of any known underground services, easements, contaminated material or unusual site constraints. We are entitled to rely on your warranties.
We will comply with applicable health & safety laws on the Site. You must not interfere with our safety procedures or personnel.
We may engage subcontractors or suppliers to carry out part or all of the Services. We remain responsible for works subcontracted by us, subject to the subcontract terms.
You may not assign or novate your rights under the Contract without our prior written consent.
We will use reasonable skill in selecting materials and suppliers. Manufacturer warranties apply to supplied materials; we will assign, where possible, any transferable manufacturer warranties to you.
If a specified material becomes unavailable, we may substitute a materially equivalent product and will notify you of any material price difference.
Estimated start and completion dates are indicative only and depend on supplier availability, weather and Site conditions. We will use reasonable endeavours to meet agreed dates.
We are not liable for delay or failure caused by events outside our control, including but not limited to severe weather, supplier shortage/delay, industrial action, pandemic, civil unrest, acts of God or government action (“Force Majeure”). In such events we may extend timeframes and adjust prices as reasonably required.
Where delay exceeds a commercially reasonable period, either party may give written notice and, if not remedied within 14 days, terminate the Contract (subject to payment for work performed).
On practical completion we will notify you and issue a final invoice for any outstanding amounts. Practical completion means the works are complete except for minor defects or items which do not prevent use for their intended purpose.
You must inspect the works within 7 days of notice and notify us of any defects in writing. Failure to notify will be taken as acceptance of the works.
Workmanship guarantee: We warrant to the original Client that our workmanship in carrying out the Services will be free from defects for a period of three (3) years from the date of practical completion, subject to the exclusions and conditions set out below.
Manufacturer warranties: Materials and products supplied by third parties are covered by the manufacturer’s warranty only — we will pass through any transferable manufacturer warranties to you where available.
Exclusions: The 3-year guarantee does not cover defects or damage resulting from:
normal wear and tear;
misuse, neglect, lack of maintenance, chemical attack or deliberate damage;
additional works, alterations or repairs carried out by others without our prior written consent;
movement of the ground, inadequate sub-base, drainage failure, or pre-existing defects not disclosed before the Contract;
acts of nature, storms or flooding beyond normal weather conditions; or
materials failure covered by a manufacturer warranty.
How to claim: To make a warranty claim, notify us in writing with supporting details and images. We may inspect the Site and will decide, at our discretion, whether to repair or rectify the defect. Our liability under this clause is limited to rectification of workmanship defects only.
If you are a consumer under the Australian Consumer Law, certain consumer guarantees apply and cannot be excluded, including guarantees that services are provided with due care and skill and are reasonably fit for purpose. Nothing in these Terms is intended to restrict those rights where they cannot lawfully be excluded. To the extent permitted by law, our liability for non-excludable guarantees is limited, at our option, to re-supply of the Services or payment for their re-supply.
We maintain public liability insurance and workers’ compensation insurance as required by law. You should ensure you have adequate insurance for your property and other liabilities.
Limitation of liability: To the maximum extent permitted by law, our total liability for any loss or damage arising from or in connection with the Contract (whether in contract, tort, negligence, statute or otherwise) is limited to the total fees paid under the Contract, subject to a maximum aggregate liability of AUD 50,000. We are not liable for any indirect, special or consequential loss (including loss of profits, business interruption, loss of reputation or incidental damages). Nothing in these Terms limits liability for death or personal injury caused by our negligence or for other liabilities that cannot be excluded by law.
Ownership (title) of supplied materials and finished works passes to you on full payment of all sums owing. Until all sums are paid, we retain a security interest in the works and materials supplied. You must not create any charge or encumbrance over the works without our written consent.
We will remove construction waste, surplus materials and reasonably tidy the Site at completion as agreed in the Scope of Work. Additional clean-up requested or required due to conditions beyond the Scope may incur extra charges.
If you cancel after accepting a quote but before work starts, we may retain the deposit to cover losses and administrative costs. If you cancel after work has commenced, you are liable for the costs of work performed to date, including materials, labour, subcontractor costs and any reasonable demobilisation costs.
We may reschedule works for safety or operational reasons (including adverse weather). Where we reschedule more than once without fault by you, you may request a refund of any unexpended deposit for works not yet started.
Parties must first attempt to resolve any dispute promptly by good faith negotiation between senior representatives.
If unresolved within 14 days, the parties agree to attempt mediation with a mutually agreed mediator before commencing court proceedings.
Nothing prevents either party from seeking urgent interlocutory relief from a court.
Each party must keep confidential the other party’s confidential information and not disclose it except as required by law.
We may use photographs of completed works for our marketing, portfolio or case studies unless you reasonably object in writing prior to works commencing.
We collect and use personal information in accordance with our Privacy Policy. By entering into a Contract you consent to our collection, storage and use of personal information for the purpose of providing the Services and contacting you about them.
Either party may terminate the Contract for material breach if the other party fails to remedy the breach within 14 days of written notice. Termination does not affect accrued rights; you will pay us for work performed to termination and for any reasonable costs incurred.
Entire agreement: These Terms, the accepted quotation and any written contract represent the entire agreement between the parties and supersede prior discussions.
Severability: If any provision is invalid it will be severed and the rest remain in force.
Waiver: Failure to enforce a right is not a waiver of that right.
Governing law: These Terms are governed by the laws of the State of Queensland and the Commonwealth of Australia. Parties submit to the non-exclusive jurisdiction of the courts of Queensland.
For notices, warranty claims, disputes or other communications:
