Risk-Free Flooring

All work is quoted on the basis of the following conditions unless specifically excluded or modified via written communication.

Acceptance of Terms & Conditions

1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of any Works.
2. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

Worksite Access and Condition

1. The Works’ commencement date will be arranged by the Contractor with the Client’s knowledge and consent.
2. It is the intention of the Contractor and agreed by the Client that:
3. .The Client shall ensure that the Contractor has clear and free access to the Worksite at all times to enable them to undertake the Works (including carrying out Worksite inspections, gain signatures for required documents, and for the delivery and installation of the Materials). The Contractor shall not be liable for any loss or damage to the Worksite (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the Contractor; and;
4. It is the Client’s responsibility to provide the Contractor, while at the Worksite, with adequate access to available water, electricity, toilet and washing facilities
5. The Client agrees to the following Site conditions – before, during and immediately after the Works
6. The floors to be treated must be dry, and leaking plumbing fi ttings must be stopped. Moisture/dampness in the floor will likely compromise long term adhesion, while exposure to water during curing will mark and compromise the coating. In the event that either of the above water scenarios cannot be managed, the Client accepts the risks involved should the coating work proceed.
7. Where the Contractor’s scope of Works includes removal of any existing flooring, it is assumed that the substrate is sound and free of any structural or material issues (such as asbestos). Should the substrate contain any such issues, additional fees (as set out under Price, Payment & Fees) will be assessed and discussed with the Client.
8. The Contractor is not responsible for the removal of rubbish from or clean-up of the building/ construction Worksite/s. All rubbish generated by the Contractor will be placed in a designated areas appointed by the Client but the responsibility of removal of same is the Client or the Client’s agent, unless otherwise agreed.
9. The Contractor must be given exclusive access to the areas being coated during Works, including preparation, coating, and curing of the floor or coating
10. For the Works to be carried out, the Contractor is dependent on there being suffcient lighting and electrical supply (32 amp 3 phase and 240V) to complete a quality job, available at the time of the works commencing and for the duration of works.
11. The ambient temperature and the temperature of the floor must be above 8 degrees Celsius, and humidity must not be higher than 85% relative humidity unless otherwise noted and agreed to by both the Contractor and the Client.
12. While all attempts will be made to contain dust during installation some dust will still be generated. It is the Client’s responsibility to ensure equipment or similar that may be affected by dust be adequately covered. Many smoke detectors are very sensitive to and may be triggered by concrete dust. It is the Clients’ responsibility to advise emergency services of this possibility so that false emergency response costs are not incurred.
13. Any machines, stock, plant, or equipment that can be moved should be temporarily relocated prior to the works commencing
14. Any special purpose materials or conveyance equipment that may be required such as, but not limited to, forklifts or similar machinery will be provided by the client
15. Any existing floor coverings such as vinyl or tiles are to be removed by others unless specified otherwise in our Quotation
16. The Works do not cover the rectification of areas of ponding or negative fall other than where specifically detailed in writing and agreed to by the Contractor. The installed floor will reflect the existing substrate surface, and should not be seen as a rectifi cation or levelling treatment for pre-existing drainage or ponding problems unless otherwise agreed. Please note that floors require a minimum gradient of 1: 100 to ensure water will adequately fall to a floor waste or collection point. Please do not proceed with the Works if you do not thoroughly understand the above statement.
17. The intent or purpose of floors laid and finishes applied by the Contractor will typically answer to a specific requirement that the Client has expressed. As aesthetics are rarely a priority, Works successful completion cannot be judged based on this.
18. Repairs or rectification of surfaces (including, but not limited to; patching, indentations, damage, or joints) will be charged in addition to the quoted price unless stated in the quotation. All finished surfaces are to be protected by others against damage, additional charges will apply for Works needing repair or further preparations if damaged by others.
19. The Client will ensure that if more than one area or room is involved in the project, they will all be available simultaneously.
20. The Client agrees to be present at the Worksite when and as reasonably requested by the Contractor and its employees, contractors and/or agents.

Work Usage Conditions

1. The Contractor will provide the Client an estimate, either orally or written, for when the floor will be ready for traffic and washdown. If the Client, or a representative of the Client washes down the floor prior to the floor curing, the coating will discolour and will be damaged. The Client will be responsible for the damage, and liable for the cost of reworks.
2. As the flooring works are laid in situ, some grinding, rolling and trowelling marks may be apparent in some lights. These marks are not defects, and in no way detract from the practical life of the floor.
3. The Contractor supplies and installs slip resistant flooring surfaces. However, the responsibility for the safety and well-being of persons walking or working on the floors laid by the Contractor is the Client’s responsibility.
4. Hydrostatic pressure (or sub-surface moisture/ rising damp) is an issue that can arise where the concrete slab has a higher than usual level of retained moisture. This can lead to blistering and delamination of the applied floor coatings. This issue is fundamentally a structural one, and is the responsibility of the Client to manage.
5. While the Contractor’s coating and flooring systems are typically hard and impact resistant, and typically won’t develop any tension cracks, however if the substrate is over unstable ground, movement and subsequent cracking of the slab will carry through and be visible on the coated floor. Similarly, differential movement between walls and floor may sometimes cause cracks to appear in the coving, and can lead to localized failure of the floor. Any such movement is the responsibility of the Client unless specifically addressed otherwise.

Variations

1. The Contractor reserves the right to only proceed with agreed variations to the scope of Works upon receipt of written instructions from the client. The Price of any variation will be in addition to the quoted Price.

General

1. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
2. These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales in which the Contractor has its principal place of business, and are subject to the jurisdiction of the Parramatta courts in that state.
3. The Contractor shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions (alternatively the Contractor’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).
4. The Contractor may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
5. The Client cannot licence or assign without the written approval of the Contractor.
6. The Contractor may elect to subcontract out any part of the Works but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Contractor’s sub-contractors without the authority of the Contractor.
7. The Client agrees that the Contractor may amend their terms and conditions at any given time, and it is the Client’s responsibility to ensure they are aware of the updated terms and conditions, which will be available on the Contractor’s website.
8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
9. Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.