Terms & conditions

The contractor agrees to perform the work the customer engages the contractor to undertake, the terms and conditions are stated herein.

1. Full payment is due within 3 days of work being completed. Failure to pay within 3 days of completion, will incur an interest fee of 10% of remaining balance per week until full payment has been made.

2. The contractor will guarantee the quality and workmanship of the work performed in accordance with this agreement.

3. The customer and the contractor acknowledge that the agreement on this quote/ price list supersedes all prior oral or written negotiations or communications by either party. The quote/ price list shall not be varied unless such variation is in writing.

4.The contractor shall not be liable for any damages, upgrading or relocating of existing services

The quoted prices are valid for 30 days. Should any work not be carried out within 30 days from the date of quote/price list, the contractor may increase the price.

5. The contractor will accept no responsibility of any direct loss or damage arising from any sub-contractor hired to perform any work or delivering supplies not employed by Earthcon Group.

6. It is the owners responsibility to call Dial before you dig before every job, prior to work commencing.

7. Earthcon Group will need to be notified on a scale drawing via email of any underground hazards. the customer shall advise the contractor of all underground services, water, gas, sewerage and storm water pipes and electricity and telephone cables etc. Having been informed, the contractor shall take all due care, but no responsibility can be accepted where these services are damaged. If not notified Earthcon Group will assume there are no services located in the work area.

8. The contractor wil accept no responsibility for any colour variation from oxide powders, colour hardener, sealer, weather conditions, uniformity of surface depth, sides or surface texture. Oxidisation, ironstone and/or any other minerals. Products are not controlled by Earthcon Group.

(Please note: Exposed aggregate stone is a natural product and cannot be completely controlled/ filtered.)

9. The quote is made on the assumption that normal ground conditions pertain. Any additional requirements of the local authority, which are not

shown on the plans or mentioned under the specifications and result in further cost to the contractor, shall give the contractor the right to charge accordingly for such incurrence of further costs.

10. Where the quotation includes excavations of a site by either hand or machine, it is assumed that the excavated materials shall be of a soft, loose nature. No allowance has been made for the excavation of rock, rubbish, tree roots, concrete etc unless stated. When these are required to be excavated to complete the work quoted, the additional costs of this work will be charged to the customer.

11. In the event of work being damaged or destroyed by any cause not at the direct fault of the contractor,

Earthcon Group will not be liable.

12.The contractor shall take care to minimise cracking in the concrete by placing construction or expansion joints. Should cracking of the concrete

occur, the contractor shall not be responsible.

13. All on-site materials and equipment which form an integral part of the contract, shall remain the property and in exclusive possession of, Earthcon Group until payment in full of the contract has been made.

14. Concrete is not to be driven or walked on for 28 days from the day of pouring, any damage caused before 28 days will be repaired at owner's expense.

15. The contractor warns the customer (who should obtain a professional soil test or engineering report if in any doubt) that, while the work itself will be structurally firm, it depends on a firm foundation and may be damaged by the movement of the ground. The contractor shall not be liable for any subsidence or cracking in the work due to:

(i) the apparent softness of the soil

(li) possible inadequacy of soil

(iii) likely sub-service swelling or shrinking due to subterranean drainage

(iv) landslide

(v) concrete being under 100mm thick.

16. Concrete and Earth Moving needs reasonable weather conditions for completion of works, all natural events cannot be controlled and Earthcon Group cannot take responsibility of concrete damages, earth moving damages or loss of materials: (rain-hail-snow-mud.)

(i) heat, cold, ground swelling or shrinking with changing weather conditions

(il) shrinkage, from heat and/or wind or dryness

(iv) foreign objects blown onto concrete, leaves, sticks, rubbish etc.

(v) animal damage, birds, dogs, cats etc.

(vi) landslides, earth quakes, sink holes etc.

17. The contractor should be notified of any complaint regarding workmanship within three days of the customer becoming aware of any fault. Should the customer not notify the contractor of any complaints regarding workmanship or other potential claims within three days, the customer may be liable for any subsequent damage to the product.

18. Concrete thickness quoted is based on an average over the entire job, and wil not always be the exact measurement. or be possible to achieve due to rock, concrete, services, tree roots etc. where guoted depth is not achieved, Earthcon Group takes no responsibility.

19. Any extra work done by the contractor other than listed, wil be at owner's expense. The owner is responsible for keeping the concrete clean until completion, prices are based on one wash before sealing, any extra washing is at owner's expense.

20. Earthcon Group will ensure worksite is left safe, but takes no responsibility after leaving against damages or losses to material/property or any persons injured. If unsure of safety level, site security is recommended and is owners responsibility.

21. Earthcon Group takes no responsibility for damages caused to bricks, render, windows, timber, floorboards, plaster, paint, decking, fences etc. from concrete, acid or pressure washing, excavation, hand tools, wheel barrows or machines. It is up to the customer to cover any areas that may be damaged.

22. Landscaping needs to be done as soon as concrete is cured & levelled to the top of concrete finish surface level, with fall away from the area to prevent undermining of the structural base. Failure to do so will extremely shorten the life of the concrete, and can cause building movement and cracking. no landscaping or soil works has been quoted unless stated in writing.

23. It is the owners responsibility to organise traffic management and/ or road opening permits when needed. Earthcon Group will not take any responsibility or organise the above unless stated in writing. And will not take any responsibility for damages or fines caused from not complying. Any work beyond your property boundary wil need council approval.

24. Australian standards for weeper holes is 50mm above concrete finish level for undercover areas and 75mm above concrete finish level for external areas. Earthcon Group will pour up to and above weeper level at owners responsibility only and takes no responsibility of legal issues or structural damages caused.

25. Earthcon Group will take no responsibility in foreign matter being in the concrete, due to quarry products not being able to be filtered 100%, contamination is possible.

26. All photos and videos taken before, during and after construction are solely owned by Earthcon Group. Earthcon Group has the right to use al photos and videos for advertising / entertainment purposes.

27. The terms and conditions of sale are to be read in conjunction with the rights and remedies conferred on the customer by the Trade Practices Act 1974 or State and Territory laws.

Once given permission to start the work quoted, you have entered an agreement with Earthcon Group

that you understand and agree to the terms and conditions stated on this quotation.