Terms & Conditions

Terms & Conditions

Your complete satisfaction is very important to us, so it is just as important that your project proceeds smoothly, to an optimal standard, to schedule and that your expectations are met.  Our terms and conditions, whilst detailed, are designed to assist in achieving this! 

  1. Acceptance of “THE QUOTATION’ (the final quotation supplied) by THE CLIENT (the persons, company or corporation named within the Quotation) constitutes acceptance of THESE TERMS which are the terms of an agreement between THE CLIENT and THE CONTRACTOR
    1. Verbal or written permission by the Client to the Contractor or one of its employees or sub-contractors to commence the work is sufficient to assume acceptance of the Quotation and the Terms.
    2. The Quotation is valid for 90 days or as specified on the ‘Quote’ unless otherwise agreed.
  2. The Contractor offers to the Client to promptly and diligently) proceed to commence and install THE WORKS, (as detailed in the QUOTE, plus any Variation based on the following terms.
    1. A booking fee of 10% is required upon acceptance of the Quotation for residential projects, 30% for Commercial Projects with a Work/Purchase Order issued.  Where works are undertaken in stages, progress instalments will be charged at practical completion of each stage as agreed between the Client and Contractor.
  3. Prior to the commencement of the Works, the Client is to ensure :
    1. the entire area is available to the Contractor  exclusively for the entire period of The Works
    2. the removal of any non-fixtures or obstacles, or other items from the surface and surrounding area where the Works are to be performed;
    3. that the Works to be performed are able to be sealed to prevent debris,  foreign matter blowing in, people, animals, insects or the elements compromising the floor finish.
    4. removal of any materials from the surface where the Works are to be installed and that the floor is swept and is clean and dry
    5. all entry and access points, including windows are sealed to prevent the entry of water, debris and dust.  The surface preparation for the Works may involve high pressure washing, grinding, or sanding and the Contractor is not held liable for the entry of dust or water that migrates through these surfaces.
    6. the Contractor has access to power (240v with at least two  x 10 amp outlets on individual circuits); working, empty, toilet, and to water with a water flow of sufficient pressure to completed the task 
    7. Ensure that sprinklers do not operate in the vicinity during the days of the Works and do not operate within 24 hours prior to the Works commencing and within 24 hours immediately following completion of the Works.
    8. Client is to schedule other trades so that at the time of Contractor Works the property is sealed from drafts and leaks, and that surfaces near to area of Works are free from loose debris, particles, or objects that may affect the floor finish or Works.
    9. Excessive humidity or moisture levels in concrete can cause floor finishes to delaminate (peel) or affect the finish; the Client has the right to request a moisture test from the Contractor (at the Client’s expense) prior to installing the floor finish, but must request this, in writing 7 days prior to the Works commencing.
    10. Should the Contractor’s work be delayed or impacted as a result of the Client failing to comply with these Terms, additional charges may apply.
    11. Failure by the Client to comply with (3.1), (3.3), (3.4), (3.5) and (3.6) voids any guarantee supplied by the Contractor or any implied warranty that would normally have applied.
    12. The Contractor is not responsible for issues arising which relate in any way to the failure of the Client complying with these Terms.
    13.  the Client must have adequate lighting available for the Contractor to undertake the Works to an optimal quality.
  4. Where a polished concrete/mechanical polish or Grind & Seal finish are booked, whilst the Contractor endeavours to liaise with the builder and concreter, in order to optimise the chance of the best results for the Client, they take no responsibility for the following:
    1. Aggregate exposure achieved, for instance, in order to remove any footprints or screed marks left by the concreter, additional grinding may be required and will be charged accordingly.
    2. Flaws that develop in the slab over time due to inconsistent concrete i.e., rising damp, cracking, staining of the slab etc.
    3. Concrete is a naturally porous product and can be subject to staining. This is not treated as a defect of the product. Should the slab need to be upgraded, additional costs may apply.
    4. If pouring new concrete, concrete must be a minimum of 32MPA
    5. If further grinding, repair or any other works are required, i.e. additional levelling, removal of bumps or hand levelling, at the request of the Client, the Contractor will quote this as a variation to the original quote and additional work will commence upon authorisation by the Client.
    6. The Contractor grinds and removes up to 5mm, and anything over this may be charged accordingly.
    7. The first stage of grinding (if applicable) pre-cut and seal, will occur 5-10 days after the slab pour. This stage must be completed before any further construction work commences.
    8. The Client must make themselves available, on site, for the initial grind to instruct the Contractor and approve the level of exposure of aggregate.
    9. When polishing concrete, the contractor, at an agreed time, will return to complete the 2nd stage. All concrete floor surfaces are to be in the same condition as when the Contractor completed the 1st stage of grinding.
  5. The Contractor is not responsible for damage by any other trades or external factors. Repair for any damage caused will be quoted and treated as a variance to the original quote.  The slab/floor between stage 1 and 2 is susceptible to staining and therefore, care must be taken to avoid staining from any biological means i.e. food types, dye from carpet or other products, materials/machinery brought on site.
    1. If the Client/Builder uses a covering to protect the floor, it is imperative that plastic is NOT used at any stage to cover the concrete as this will cause the concrete to sweat and damage the floor.  Please contact the Contractor for information and specifications of the appropriate coverings.
    2. To enable the grinding process, all doorway widths/openings must be a minimum of 720mm to allow access.
    3. During the installation process, whilst the contractor is working near plaster walls, doors and joinery, window frames, cabinetry and fixed appliances, all due care is taken but no responsibility can be taken for unforeseen damage. The Contractor is to be provided with clear vehicle and generator access to the site on a stable surface.
    4. Disposal of bagged grinding dust, unless otherwise arranged is the responsibility of the Client.
    5. All back to base fire or smoke alarms must be isolated prior to any work being undertaken and the Contractor takes no responsibility for any activation of same.
    6. The Contractor has a care guide that is available and if the recommended care and maintenance is not adhered to, takes no responsibility for any damage done for not following the guidelines. The Care Guide is part of the handover process and will only be provided upon cleared payment of all final balances.
  6. The Contractor will undertake the Works in a diligent and cautious manner, relying on and drawing from   past experience of the products, similar products, types of and similar substrates to achieve an optimal result with the resources available and any limitations that may exist.
    1. The Contractor may find it necessary to use his discretion to refrain from using certain products or processes, or change the method of completing the job in any way if any of the following occurs during the Works:
      1. The products or methods either risk causing damage or begin to cause damage to the substrate or property
      2. It appears that the products or methods are not achieving the best result possible and it is deemed by the Contractor that the Works or Install be completed using different products or processes
      3. Unexpected circumstances such as, but not limited to machinery breakdowns or adverse weather conditions
    2. the event that products or methods are altered during the works, the resultant finish of the cleaning or the finished product may be different to the Quote description but is not considered sub-standard workmanship.
    3.  The Contractor may use cleaning chemicals such as acids, alkalines, solvents and bleaches in order to remove stains or prepare the substrate.
    4. The Contractor will use his discretion and find a balance between effective cleaning of the substrate and exercising caution in not changing the appearance of the substrate but this is the Contractor’s judgement based on previous experience.
    5. The Client acknowledges that high pressure cleaning may result in areas of the property getting dirty or muddy and whilst the Contractor will endeavor to hose down these areas upon completion, some marks may remain which the Contractor is not liable to remove.
    6. It is assumed that the cleaning and sealing products used to complete the Works have a strong odor that will remain after the Works have been completed.
    7. While care is taken by the Contractor, no responsibility can be taken for any damage to or plants displaced or killed.
    8. surface preparation techniques not limited only to pressure cleaning, sand blasting, grinding and sanding and the Client hereby understands that the Contractor’s work will create dust in the air that will settle.
  7. The contractor reserves the right of discretion to vary the application or installation methods, processes or quantities from the manufacturer or suppliers’ recommendations based on past experience and knowledge of the products, the substrate, site, weather and environmental conditions, and the finish described in the Quote description.
  8. The Contractor is not responsible for the changes in the levels of the substrate or ‘fall’ as a results of surface preparation and over coating processes.
    1.  Unless specifically states with the Quotation, the Contractor makes no claim to correct substrate levels or ‘fall’.
  9. The Contractor is responsible for the quality of workmanship carried out and the quality of the materials supplied and used. The contractor is to complete the Works in accordance with the Quotation.
    1. Workmanship can be determined to be affected by a defect if it is due to error on behalf of the Contractor or its employees or sub-contractors, but liability for the repair or replacement of the product or service is limited to occasions where adverse or unexpected environmental conditions and/or unknown substrate contaminants, moisture, passage of gases or other substances have not contributed to the occurrence of the defect other than in a manner which is insignificant.
    2. Surface bubbles caused by off-gassing in the concrete slab is not considered to be a defect in workmanship.
    3. As the materials used by the Contractor are often commercial strength or high solids, roller lines are not be deemed a fault in workmanship.
    4. Urban Floors flooring finishes are mixed and installed onsite (as opposed to factory produced) any and all minor surface irregularities/imperfections are considered a normal component of the product. 
    5. So that the Contractor can get as close to the walls as possible with equipment and materials, it is the Client’s responsibility to either ensure the skirts are removed or that walls or skirts or other surfaces are masked.  Whilst every care is taken, the Contractor is not to be held responsible for any damage done to skirts or walls either through machinery or material or any delamination of paint from walls, floor finishes or other surfaces when tape is removed.
    6. As concrete is porous, and has a tendency for movement and expansion, no guarantee of any kind can be given against cracking of the product.
    7. No warranty is made that future repairs or modifications to the floor, whether they fall under warranty or cost repairs will blend seamlessly with the existing finish.
    8. The use of any equipment with steel wheels voids any warranty provided to the Client.
    9. No warranty is supplied against UV related discoloration of epoxy or similar materials.
    10. No warranty is provided or implied other than a warranty that may have been supplied in writing.
  10. The Client understands that the Contractor may employ staff, sub-contractors, or other firms to conduct the Works without notice.
    1.  The Client also understands that the Terms extend to such staff, sub-contractors and firms and apply to all the works undertaken or commissioned by the Contractor.
    2. Apart from where a consumer guarantee, which is applicable under the Australian Consumer Law, has been breached, liability is limited to the repair and replacement of the product.
  11. The balance of or final payment terms of the Contractor are payable strictly on practical completion.
    1. Deposits and instalment payments paid by the Client to the Contractor are non-refundable, unless otherwise agreed.
  12. Not less than seven days after the commencement of the Works, and at intervals of not less than seven days thereafter, the Contractor may state interim accounts as between itself and the Client requiring payment in respect of the progress which has been made in the Works, called hereafter ‘progress claims’.
  13. The Client hereby indemnifies the Contractor against all claims that may be brought by third parties against the Contractor in relation to any loss or damage to property or injury or death arising out of or in relation to the Works.
  14. The Quotation is governed by the following limitations which may affect its accuracy: You warrant to us in requesting a quotation that:
  15.  
    1. There are no external factors which could affect our efficient carrying out of the Works, including but not limited to inappropriate or incorrect installation of any service, appliances, plant or equipment.
    2. There are no property defects not evident by visual inspection which might reasonably affect this quotation.
  16. Should the Client accept the Quotation verbally or in writing, and at a later date cancel such acceptance, the client shall be liable for a cancellation fee of 50% of the amount of the Quotation.
    1. Should such cancellation as 16.0 occur after the time of commencement of the Works, the Client shall be liable for 100% of the amount of the Quotation.
    2. Cancellation fees and Client payment is subject to these Terms.
  17. To secure payment of all fees due or fees which may become due, the Client hereby charges all of the client’s interest in real property both present and future, and the Client consents to the firm lodging a caveat or caveats noting its interest hereunder.
    1. Any expenses, costs or disbursements incurred by the Supplier in recovering any outstanding monies including debt collection agency and legal fees shall be paid by the Client providing these fees do not exceed the scale charges as charged by that debt collection agency or solicitor/legal representative.
  18. The Contractor is bound by the Privacy Act 1988. In consideration of the Contractor not requiring a bank guarantee in respect of the Works, the Client covenants that the Contractor may collect personal information from the Client or third parties such as personal details, contact details, financial information, and transaction information relevant to the current business transaction.
  19. The Contractor may use the Client’s personal information to carry out its business, comply with its legal requirements, and, in the event that the Contractor deems that the Client has committed any default in payment, to disclose personal information to a credit or debt collection agency or to the Contractor’s industry association and the Client hereby specifically authorizes such disclosure.

 

© Urban Floors Australia – August 2016