Terms and Conditions

1. The company (Geelong Concrete Pumping Pty Ltd) obligation is to transfer concrete supplied at ground level to the customer. The company’s obligation does not extend in any way to setting the concrete in position or finishing the surface thereof. The hiring commences from the time of leaving the yard and concludes when the pumping plant is washed up (charged according to price list as agreed) packed up and ready to leave the site. In addition, travelling time to the site may be charged at the company’s discretion.

2. The customer shall supply pumping concrete suitable for the company’s pumping plant and supple ready mixed mortar to all prime lines. The company accepts no responsibility for any defects, inadequacy or failing foundations, formwork or any other part of the site or the customer’s instructions and may complete work without reporting any apparent defects or failings aforesaid.

2(a) The Company gives no representation or warranty in relation to the goods and the customer acknowledges that it has not relied on any representation or warranty made on behalf of the supplier in relation to the goods and/or services. The Competition and Consumer Act of 2010 and the State or Territory Legislation implies certain conditions and warranties into these terms for the benefit of the customer (Statutory Warranties). To the extent permitted by the law Statutory Warranties are expressly excluded. Subject to the Statutory Warranties it is the responsibility of the consumer to ensure that all goods and/or services are enough, suitable and fit for the customers purpose.

2(b) Warranties and liabilities: All warranties whether expressed or implied and whether statutory or otherwise with regards to the goods supplied by the Company as to quality, fitness for the purpose or any other matter are hereby excluded except insofar as any such warranties are incapable of exclusions at law. Our warranty liability is limited to the value of the materials and the goods supplied. Consequential losses are not covered by warranty. We will not be liable for hold-ups on the job or any associate liquidated damages.

3. Failure by the customer to notify this company of cancellation of intended work or the customer’s liability to commence work, where the pump has arrived on site shall deem the customer liable for the minimum hire fee of the plant time plus travel time. The customer will be liable for times on site if the pour times have changes and the company has not been notified.

4. No responsibility will be accepted by the company for any misunderstanding or incorrect equipment being booked or arriving on site, including equipment not arriving on site. The company will only accept responsibility following the customer completing a phone booking and on receipt of booking confirmation via email from the company. The booking confirmation must state all details of booking and or equipment in relation to job, which include (but are not limited to) site details, booking requirements and pump/equipment requirements etc.

5. The customer shall give the company suitable safe access to the site and provide services required for the pump including adequate space for the pump to wash up and further make proper provision for the uninterrupted laying of pipes and pumping of concrete, additionally the customer accepts responsibility for the removal of all trade waste and in the case of high-rise jobs the customer shall maintain and control all pipe lines except those lines of the company between the pump and the site. The company shall not be held responsible for hiring charges whilst the plant involved is being repaired or replaced. It is the responsibility of the customer to provide Geelong Concrete Pumping Pty Ltd with the necessary space and safe area required in the event a second pump is needed to be brought onsite to assist with breakdown or pump fault.

5(a) Washout The client must supply a suitable wash area free from any type of environment damage and from slurry running into drains. The company will always do our best to control excess run off and spread the concrete. If a customer instructs the company to wash on site and slurry runs into drains, it is the customers’ responsibility to control the spread of concrete. The company will wash as instructed only and spread the load unless told otherwise. If the company are unable to wash out onsite the company can wash into a bag for which there is an additional charge to the customer, or the company can dump at an environmentally free facility and the charge is then on-costed to the customer.

5(b) The Company will not be responsible for the removal of any rubbish or materials on site which may delay the company concrete pump set-up

5(c) If special PPE is required the customer needs to advise the company at the time of booking.

6. The company shall provide a pumping plant and pipeline with fittings in good working order and condition. However, in for any event of any breakdown or failure of the company’s equipment for whatever reason the company shall not be liable for any loss or damage whatsoever that may be occasioned by the customer provided that the customer shall not be responsible for hiring charges whilst the plant involved is being repaired or replaced.

6(a) If a customer requests a line pump and the concrete is over 32MPA and the rock size is bigger than 14mm the customer must inform the company so a suitable pump for the harsher mix can be allocate to the job. The company will not be responsible for the following:

i) Any exposed concrete that is not pumpable

ii) Any other type of concrete that is not pumpable

iii) Any blockages and time lost through blockages

6(b) All expenses and associated costs will be the responsibility of the customer in the events of any damages such as with the concrete delivery truck having build-up or any foreign materials possibly causing blockages to the line or such as the pipeline going hard due to old concrete, waiting for concrete or due to a high accelerator being in the mix. The company has the right to decide not to pump concrete and cease works if the concrete is more than 90 minutes old.

6(c) If the customer requires concrete pumped under 80 slump a pump with a vibrator, then it will need to be ordered by the customer in advance. We will not be responsible for any concrete that does not travel freely into our hoppers, concrete must flow freely.

7. Delivery (road only) of a concrete pump or any other machine

The following are the full responsibility of the customer and the customer shall retain all liability and associated costs as a result:

I) Any tow truck that may be required due to pump truck becoming bogged

ii) Concreter or builder who supply their own labour which slows down the job or holds the pump up

iii) Concrete supply/service waiting time due to the company waiting on concreters

iv) Any broken concrete, roadway or underground services

v) Delivery of a machine to the roadway/kerb or truck to be taken off the road

vi) Traffic management including all building, travelling over and cross over permits etc.

vii) Noise and parking restrictions

viii) Crane time required as a result of pump breakdown or any unforeseeable circumstances resulting in the need of a crane onsite

8. The company shall not be held liable for any delay in the arrival onsite of the commencement of works due to government intervention or council regulation conditions, industrial dispute, breakdown of plant, transport delays, accidents or holdups on previous jobs which are beyond the control of the company.

9. The company shall insure against any liability or claims by any of the workmen arising at common law or under workers

compensation, but the customer shall insure against and release indemnities the company from and against any action, suit, claim, demand or proceeding whatsoever, in contract or tort, in respect of loss or damage to the company’s plant and equipment or the property of any other person or personal injury to or death of any person whatsoever including workmen employed by the company caused or arising out of entry to the site or out of works carried on by the company shall be responsible for any damage to its plant or equipment or personal injury or death to any of its workmen caused by the negligence of its workmen.

10. The customer shall provide and maintain effective/protective screening in position to protect against damage caused by the concrete splash, air or blockages in the pump line. No responsibility will be taken for agitators who allow the hopper to run low with concrete eg. At the cylinder level and causing concrete to spray out of hoper and allowing air in the line which then can cause blow back.

11. The company will inspect sites to the best of their ability and make decisions on behalf of an operator who is not there. The company will not be responsible if a site inspection is carried out prior the concrete pour and the company suggests modifications to site and when the operator gets there to pump concrete and deems the job to be unsafe and doesn’t do the job this is out of the company’s control.

12. The payment terms of this invoice/statement are cash on completion of the hiring as per item (1) above or for customers with an account the terms are strictly net 30 days. Payment terms and conditions may only be extended by prior agreement with the company. New or non-account holders will be required to payment terms of due on invoice and in some cases will be required to pay a nominal fee/deposit to secure the booking.

12(a) All prices quoted by the company are exclusive of GST unless otherwise stated. The customer shall pay an addition to the price any GST payable in respect to any supply as delivered by the GST Act.

12(b) Building and Construction Industry security of payment Act 2002

1. Payment Claims A person referred to in section 9(1) who is or who claims to be entitled to a progress payment (the claimant) may service a payment claim on the person who, under the construction contract concerned, is or may be liable to make the payment.

2. Payment Claim must be as follows:

a) In the relevant prescribed form (if any)

b) Contain the prescribed information (if any)

c) Identify the construction works or related goods and services to which the progress payment relates

d) Indicate the amount of the progress payment that the claimant claims to be due (the claimed amount)

e) State the Act under which it is made

3. The Claimed Amount May include any amount that the respondent is liable to pay the claimant under section 29(4) but must not include any excluded amounts.

12(c) Should payment remain outstanding outside the company’s payment terms as outlined in Section 12, the customer is liable for all recovery costs including legal costs (on solicitors/own client basis), court filing fees and credit agency recovery fees and commissions and mercantile agents fees incurred by the company in recovering the amount outstanding. The client also accepts it will be liable for interest at the RBA rate +2% on all outstanding debts. All guarantees given on behalf of the customer continue until the company accepts a new credit application and satisfactory replacement guarantees.

12(d) If the payment of outstanding monies exceeds being over 30 days overdue you consent to the amount being lodged on your credit file. You provide an authority to the supplier to lodge any outstanding debt with Veda or any other credit reporting agencies.

13. It is the customer’s responsibility to adhere to all Department of Labour and Industry Regulations of Victoria. The customer is also responsible for providing;

a) Good access to the site. Entry to the site is at the discretion of the pump operator

b) Clearance from power lines or power to be disconnected or covered

c) Specifying concrete to suit pump ordered and required slump and strength

d) Towing from site to hard standing area if required

e) Permit to pump from road passageway blocking off a lane of traffic

14. (i) The customer does not have, under any circumstances any cause of action against or right to claim or recover from the company for or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:

(a) Any defect in material or workmanship, or any other defect whatsoever in, or unsuitability for, any purpose of the products and/or services or any part of the products and/or services; or

(b) By default of negligence on the part of the company or of any employee, contractor or agent of the company or for any person for whom the company has legal responsibility relating to the supply of, or otherwise concerning goods and or services or any part of the goods and/or services , including in those circumstances whereby the company has no control over such supply, including but not limited to, by reason of any default on the part of concreters, the quality and condition of the concrete mix, traffic control, and the prevailing weather conditions.

(ii) The extent permitted by law, the company is not liable to the customer in contractor in tort arising out of, or in connection with, or relating to:

(a) The performance of the goods and/or services or any breach of these conditions

(b) Any fact, matter or thing relating to the goods or services

(c) Any error (whether negligent or in breach of contract or not) in information supplied to the customer or a user before or after the date of the customer or users use of the goods or services

(iii) These terms and conditions supersede and exclude all prior and other discussions, representations (contract or otherwise) and arrangements relating to the company as the supplier of the goods or services or any part of the goods or services including, but without limiting the generality of the foregoing, those relating to the performance of the goods or services or any part of the goods or services or the results that ought to be expected from using the goods or services.

(iv) Where the customer is a consumer as the term is defined in the Australian Consumer Law

(a) To the extent that the goods supplied are not of a kind ordinarily acquired for personal, domestic or household use or

consumption, then the company’s liability for any failure to comply with a consumer guarantee (as the term is defined in the Australian Consumer Act) is limited to, at the discretion of the company, to replacement, resupply or repair of the good by the supplier or the reasonable cost of having the goods replaced, resupplied or repaired.

(b) To the extent that the supply is a supply of a service, the companies liability for failure to comply with a consumer guarantee is limited to, at the discretion of the company, to supplying the service again or the reasonable cost of having a third party supply the service again.

15. Bog mats bigger than 1.2 x 1.2 are the responsibility of the customer to supply.

16. The metres pumped, cost per metre, hours completed, cost per hour, penalties, travel time, commenced date and time completed shall be prima facie evidence of such matter, fact or thing stated in such certificates.

17. (i) Notwithstanding anything to the contrary expressed or implied, property in the goods shall remain with the company and shall not pass to the customer or any third party or subsequent purchaser until the company has received payment in full for the goods and the customer has discharged in full all its accounts with the companies.

(ii) If payment is made, the customer shall hold the goods as the Trustee for the company until the cheque has been honoured

(iii) Until the goods are paid for in full the customer shall not hold the goods on trust for the company, and the company shall be permitted to register its interest in such goods in the Personal Properties Security Register until payment has been made in full. By agreeing to the terms and conditions you understand that the supplier is a secured party.

(iv) In the event that the customer fails to pay the company for the goods by the due date required for payment under the company’s terms of trade, the customer (without prejudice to the company’s rights as an unpaid company or any of its other rights and remedies to retake possession of the company’s goods from the purchaser) whereby agrees to deliver up the goods to the company upon demand by the company and consents to the company retaking possession of the goods which remain unpaid.

(v) The parties acknowledge that by supply or accepting goods on the terms herein specified, it is not intended to create a charge, mortgage or other security interest over any goods supplied by the company, subject to the terms outlined in paragraph (iii) above

(vi)The customer acknowledges the company may register its purchase money security interest in any goods to be supplied now and in the future to the customer.

18. The customer agrees to notify the company in writing of any changes of ownership of the customer within 7 days from the date of such change and indemnifies the company against any loss or damage incurred by it as a result of the customers failure to notify the company of any change.