Terms of Service

STANDARD CONDITIONS Our quotation is based on the information supplied by the client at the time of this submission. It is the client’s responsibility that the Information supplied is correct and reflective of actual conditions and requirements on site.

Traffic control and/or police attendance is not included in the above rates unless specifically noted otherwise. Rates assume the use of our normal suite of spray seal & asphalt placement equipment, including tip trucks, in any work areas. Should the works preclude the use of our normal equipment, we reserve the right to re-price those sections of work. Our submitted rates are based on standard day Shift 6am to 5pm Monday to Friday.

Should the quantities vary by more than 10% from those stated in the schedule, RP Patching Co reserves the right to revisit and / or reprice the scheduled rates supplied. The quoted rates are based on information provided and or nominated for this project. Should the actual Design differ from those stated for any reason; our submitted rates will require revision.

Rates do not allow for site specific inductions. Inductions over 15min will be charged at $65/hr per person.

Our rates assume that the client provides safe access and ingress / egress from the work site. (i.e., if TC is required for a safe access the site the PC will provide this and not cost to RP Patching Co).

All materials supplied and Works performed by RP Patching Co will comply with the Customer's specifications and if no specifications relative to the materials or Works are in place, RP Patching Co will supply materials or perform the Works in accordance Brisbane City Council current specification applicable to the type of materials or Works.

RP Patching Co does not take responsibility for pavement design and the client is required to notify RP Patching Co in writing if they do not wish to proceed with the specifications quoted prior to commencement of works. If the client cancels a programmed shift within 4 hours of the shift commencing then RP Patching Co reserves the right to pass on any external (subcontractor) costs RP Patching Co has incurred due to (subcontractor) minimum cancellation notification requirements. Rates do not allow for the provision of as-constructed drawings. Rates allow for task lighting (machinery) for night shift works only.

Quotation assumes area will be clear of any obstacles allowing for the unimpeded operations of RP Patching Co crews. Should this not be the case, RP Patching Co reserves the right to revisit quotation.

RP Patching Co will have no responsibility for the maintenance of finished pavements that has been opened to traffic. Any such cleaning and/or maintenance will be the Contractor’s responsibility. Where the signing of a Subcontract Agreement is required for these works, then all submitted prices will be subject to review and final adjustment for any additional costs involved.

Quotation prices are offered in accordance with the attached Company terms & conditions. Should this quotation be successful, please sign & return the Acceptance of Quotation. This quotation remains open for acceptance for 30 days from the date of issue, prices subject to review after this period. The quantities listed are approximate only and our invoice will be based on actual quantities completed.

RP Patching Co reserves the right to adjust its prices relating to the provision of goods and services under agreement to accommodate cost increases relating to the commencement of the Clean Energy act 2011. No deductions, retentions, back charges or set-offs are to be made by the customer against payment for these works

 

QUOTATION STANDARD TERMS AND CONDITIONS

 

These terms and conditions (Terms) will apply to any works (Works) (including the supply of materials) described in RP Patching Co’s quotation (Quotation) and undertaken by RP Patching Co at the Customer’s request. Expressions used in the Quotation have the same meaning in these Terms.

1. PRICE AND PAYMENT 1.1 Subject to these Terms, RP Patching Co will complete the Works for the Price. 1.2 Unless the Customer has entered written terms of credit with RP Patching Co, the Price must be paid in full by the Customer to RP Patching Co before RP Patching Co is required to deliver any materials or commence the Works. 1.3 RP Patching Co may by notice to the Customer adjust the Price if: 1.4 during the period between the date of the Quotation and the commencement of the Works, the cost of labour or materials have changed; 1.5 the Works described in the Quotation are different from the work actually performed by RP Patching Co pursuant to the Quotation or as required by the Customer; 1.6 RP Patching Co may charge for any materials ordered by the Customer where the Customer, without reasonable prior notice to RP Patching Co, refuses or is unable to accept delivery of the materials. 1.7 Any claim for alleged short delivery of material must be made by the Customer in writing within 7 days of delivery, failing which the quantify stated on the delivery docket will be deemed to be the actual quantity supplied, for which the Customer will be liable. 1.8 No deductions, retentions, back charges or set-offs are to be made by the Customer. 50% deposit due 1 day prior to work commencement, remaining balance due day of completion. 1.9 This quotation is subject to rise and fall after 30 days from quotation.

2. SITE AND ACCESS 2.1 The Customer must: 2.1.1 provide RP Patching Co with sufficient and safe access to and egress from the Site at all reasonable times, such that RP Patching Co can undertake the Works in a safe and uninterrupted manner; 2.1.2 procure all consents, approvals, licences, permissions and permits required for Works, except those specified in the Quotation or entirely within the control of RP Patching Co; 2.1.3 provide RP Patching Co with all information relevant to the Works including the location of utilities; 2.1.4 mark the position of all services including pipes, drains, manholes, wiring and any obstacles in, under or about the Site; and 2.1.5 inform RP Patching Co of any conditions affecting the Site or the Works which may impact upon the Works. 2.2 The Customer must ensure that the Site is: 2.2.1 prepared and maintained as specified in the Quotation and in a manner, that is in all respects fit for the purpose and suitable for RP Patching Co performance of the Works; and 2.2.2 a safe workplace, such that RP Patching Co can undertake the Works without risk of injury. 2.3 Should RP Patching Co discover any: 2.3.1 material inconsistency between the existing position of the services, Site conditions and obstacles; and the information provided or marked by the Customer; or 2.3.2 any services, conditions and obstacles affecting the Site or the Works so as to render it reasonably impracticable for RP Patching Co to continue with the Works, 2.3.3 RP Patching Co may suspend the Works and immediately notify the Customer of such suspension. If, after 7 days of the suspension, the parties have not agreed in writing to recommence the Works, RP Patching Co may terminate this contract, in which case RP Patching Co will have no liability to the Customer for any loss or damage of any nature in no way connected with the Works, the contract or as a result of the suspension or termination. The Customer will be liable to RP Patching Co for payment for the Works carried out prior to suspension or termination and for costs, losses and damages associated with the suspension and termination, including indirect and consequential losses. 2.4 Where RP Patching Co equipment or labour stands idle because Site conditions do not permit the use of equipment or labour, RP Patching Co may charge the Customer at the applicable standby rate for that equipment or labour. 2.5 If the Customer requires that any employee, sub-contractor or representative of RP Patching Co undertake any form of induction or screening in addition to the procedures normally required by, RP Patching Co may charge the Customer at the applicable standby rate for the period that individuals and equipment are not available to progress the Works, plus any extra over costs.

3. DELIVERY, PROPERTY AND RISK 3.1 Property in any materials supplied by RP Patching Co to the Customer does not pass, and the Customer is prohibited from registering any security interest in any materials delivered by RP Patching Co, until the Customer has made full payment for the Works. Risk in materials passes to the Customer at the time they are tendered to the Site for delivery. 3.2 At the time of delivery the Customer or its agent will sign RP Patching Co delivery docket to acknowledge receipt of the materials delivered. If the Customer does not make itself or its agent available to sign RP Patching Co delivery docket, the Customer appoints RP Patching Co as the Customer’s agent with authority to sign the delivery docket. 3.3 Where unloading of materials is not completed within 20 minutes of tender, RP Patching Co may charge the Customer at RP Patching Co standard rates in respect of any unloading time exceeding of 20 minutes. 3.4 Until payment of all monies owed by the Customer to RP Patching Co, the Customer holds the materials as fiduciary Bailee and agent for RP Patching Co and must keep the materials physically separate from all other goods of the Customer, and clearly identified as owned by RP Patching Co. If the Customer breaches this contract in a material way (including non-payment) or RP Patching Co determines (acting reasonably) that there is a material risk that the Customer may not be able to discharge its obligations under this contract, then without prejudice to RP Patching Co other rights (including any rights RP Patching Co may have pursuant to any applicable security of payments legislation), RP Patching Co may without notice to the Customer enter any place where the materials are located (including the Site and premises occupied by the Customer) and recover possession of them. If the Customer sells any of the materials while money is owed to RP Patching Co, or goods incorporating the materials are manufactured and / or resold by the Customer, the Customer must keep the proceeds of the manufacturing process and / or sale in a separate account and all book debts owed in respect, and proceeds, of such sales will be held in trust by the Customer for RP Patching Co. 3.5 Unless specified in the Quotation, the Customer is responsible for any incidental damage caused to existing pavements, footpath crossings and other structures, surfaces and utilities associated with the Works. RP Patching Co will not be responsible for maintenance and repair costs related to damage or contamination to applied surface treatments caused by others. 3.6 Unless specified in the Quotation, the Customer will be responsible for the: 3.6.1 Establishment of appropriate traffic control signage prior to the commencement of the Works; 3.6.2 Erection of aftercare signage at the completion of the Works; 3.6.3 Provision of suitable facilities, including toilet and messing facilities; 3.6.4 Removal of surplus and loose aggregate; and 3.6.5 Application of temporary and final line-marking.

4. MATERIALS 4.1 Where the Works require RP Patching Co to supply materials, the Customer is to provide at its cost a clean, hard stockpile site, which is suitable for mechanical loading and within 5 kilometres of the Site. If the stockpile site is more than 5 kilometres from the Site, the Customer is to pay any excess haulage costs incurred by RP Patching Co at RP Patching Co applicable rate. 4.2 If RP Patching Co is unable to supply sufficient materials both to complete the Works and fulfil its obligations to other customers, RP Patching Co may, in its absolute discretion, apportion the available materials between customers (including the Customer) and in doing so RP Patching Co will not incur any liability, including for any loss or damage (consequential or otherwise) to the Customer as a result of being unable to obtain sufficient materials. 4.3 If, at the Customer’s direction or request excess materials have been delivered to Site and must be removed, the Customer will be liable (and may be required to pay in advance) for the costs of RP Patching Co transporting the excess materials from the Site, at RP Patching Co applicable rate.

5. SPECIFICATIONS AND TESTS 5.1 All Works performed by RP Patching Co will comply with the Customer’s specifications, as notified to and accepted by RP Patching Co. If no Customer specifications are supplied, RP Patching Co will perform the Works in accordance with RP Patching Co current specification applicable to the type of Works, the relevant Australian Standard or general industry practice, as determined by RP Patching Co. 5.2 RP Patching Co will not undertake any tests unless specified and priced in the Quotation.

6. INDEMNITIES 6.1 The Customer indemnifies RP Patching Co, its related entities, sub-contractors and suppliers and each of their officers, employees, contractors and agents from and against all loss, cost, expense, demand, damage, claim or liability (collectively loss or claim) whatever and howsoever arising (whether in contract, tort, breach of statutory duty or otherwise) under or in connection with these Terms, the Works or the supply of materials, and including a breach of these Terms or the negligent act or omission of any person in connection with these Terms. 6.2 Without limiting the application of any of the foregoing, this indemnity includes an indemnity for any loss or claim by any person including the public, the Customer or its personnel, any person located on the Site or other third parties for injury, death, property damage or otherwise.

7. RP PATCHING CO LIABILITY 7.1 To the fullest extent permitted by law and notwithstanding any other clause of this contract, the liability of RP Patching Co is limited, at RP Patching Co option, to the replacement of defective materials or the repair of the Works or to providing the Works again or to the payment of the costs of having the Works provided again, provided that defects in the materials or the Works occur within 3 months of completion of the Works and is notified to RP Patching Co within 10 days of the occurrence of the defect. 7.2 RP Patching Co not be responsible for any loss of profit, penalties, expenditure, damages or losses (including, without limitation, any consequential, special, incidental or indirect loss or damages) incurred by the Customer arising out of any delay in delivery of the materials or performance of the Works, caused by or arising out of any use or dealing with the materials whether arising from any defect in the materials, unsuitability for the Customer’s purposes, negligence by RP Patching Co or its employees, representatives, officers, agents, contractors or suppliers or in any other way or caused by any act, omission, failure, fault or negligence by them in performing the Works. 7.3 The parties agree and acknowledge that RP Patching Co lays materials and undertakes Works on supporting structures that are prepared by others and that, unless specified in the Quotation, RP Patching Co is not liable for defects in the Works attributable to the constitution, integrity and performance of the supporting structures. 7.4 If RP Patching Co recommends drainage solutions to prevent potential water issues. and the customer decides against this recommendation, RP Patching Co cannot be held liable for problems related to water sitting, pooling, or ponding in the future. 7.5 Water ponding is defined by industry standards as the accumulation of water on a surface after movement has ceased. Specifically, it is considered ponding if the water depth is sufficient to cover a twenty-cent coin.

8. WARRANTY 8.1 All work is warranted against defective materials supplied by us and workmanship for three (3) months from the date of completion. 8.2 This does not include defects occurring due to acts of nature, or erosion or any event or cause which is beyond direct Control of RP Patching Co. 8.3 In the event of any work performed by RP Patching Co being defective the liability of RP Patching Co if any, is limited to the replacement of such defective material and/ or the redoing of such work. All other guarantees, undertakings, or representations expressed or implied whether arising from statute or otherwise are expressly excluded (except to the extent prohibited by law). 8.4 All work against defective materials supplied by RP Patching Co and workmanship for a period of three (3) months from the date of completion of work. Before any digging is made during preparation, we will call Dial Before You Dig. It will be their responsibility to mark ALL utility lines. RP Patching Co will not be held responsible for any damage done to unmarked underground wiring. The base is the most important part of asphalt paving. This part of out warranty is NOT covered if this was supplied and laid by another company. Cracks developing from tree roots cannot be avoided. As trees grow so does the root system and this is NOT covered by our warranty. When resurfacing over old concrete or asphalt, cracks can appear, and this will NOT be covered under warranty. We recommend back filling with topsoil, rock or gravel as a precaution to avoid cracks that may develop along open edges of asphalt. Should a hairline crack develop it does not require any corrective action, however, should it expand ½" inches wide by ½" deep we can apply a liquid crack filler, and this will be covered only in the first year.

9. GENERAL 9.1 The Quotation and these Terms constitute the entire basis upon which RP Patching Co will undertake the Works and any representations, warranties, explanations or commitments or other terms or conditions, express or implied, affecting the subject matter is superseded by this document and have no effect. If there is an inconsistency between these the Quotation and these Terms, the Quotation shall prevail. 9.2 The parties submit to the non-exclusive jurisdiction of the courts of the State or Territory in which the Works are to be performed and the laws applying in that State or Territory is the proper law governing these Terms. 9.3 If any part of these Terms is unenforceable such part shall be severed and any unenforceability shall not affect any other part. 9.4 Where a dispute arises between the Customer and RP Patching Co as to the performance by either the Customer or RP Patching Co, as a result of which the Customer threatens or fails to make any payment claimed by RP Patching Co, RP Patching Co may immediately cease performance of the Works without incurring any liability of any nature whatsoever to the Customer pending settlement of the dispute. 9.5 After the Quotation is provided to the Customer, any order for Works or materials placed by the Customer is deemed to be an order incorporating these Terms notwithstanding inconsistencies which may be introduced in the Customer’s order or acceptance unless expressly agreed to by RP Patching Co in writing. At all times, these Terms are to take precedence over any terms and conditions of the Customer. 9.6 The Quotation and these Terms may only be varied by agreement in writing signed by both RP Patching Co and the Customer