Terms of Trade

These are the terms and conditions (‘terms’) that govern our delivery of Services and define our working relationship with you. These terms incorporate the Schedule of Rates we have given you which sets out how we charge fees.

You will become bound by these terms when you ask us to start delivering Services, make payment to us for our Services, or accept delivery of our Services. You do not need to sign anything for these terms to become binding on you.

If there is any part of these terms you do not understand, please let us know before agreeing to these terms.

1. Definitions
   • We, us, our or Stronger Foundations means The Trustee for The Lindsay Operating Trust ABN 32 255 788 092 trading as Stronger Foundations.
   • You or yours means you, our client.
   • Commencement date means the date that we start delivering Services to you.
   • GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
   • Services means earthmoving and or concrete pumping services.
2. Term
   • This agreement starts on the Commencement Date and ends upon completion of the Services, unless terminated early in accordance with clause 10.
   • Any time specified by Stronger Foundations for the delivery of Services is an estimate only. The actual completion date of the Services may be earlier or later than the anticipated date depending on our interaction with you and other matters beyond our control, such as weather.
3. Services
   • We agree to deliver the Services to you in consideration of your payment of our fees.
   • We will:
     • deliver our Services in a competent, professional and timely manner;
     • keep you up to date during delivery of our Services and promptly notify you of any event or circumstance that may delay completion, or change the cost of the Services; and
     • deliver the Services safely and in accordance with all applicable workplace health and safety requirements. We are only responsible for our own employees and contractors within the designated area for provision of our Services. All other workplace health and safety requirements remain the responsibility of the site manager or property owner, as applicable.
   • We may use contractors to deliver part of the Services and if we do, the contractor will be bound by the obligations set out in this agreement.

Additional Services

• Additional Services may be required due to the discovery of hidden or unidentifiable difficulties including but not limited to poor weather conditions, limitations to accessing the site, obscured building defects, safety considerations, availability or machinery, prerequisite work not being completed, hard rock or other barriers below the surface, latent soil conditions, iron reinforcing rods in concrete, or hidden pipes and wiring in walls, which are only discovered upon commencement of the Services.
• You acknowledge and agree that additional services will incur additional fees as set out in our Schedule of Rates.
• You may also request additional Services during our delivery of the Services.
• Exclusions

We only pump concrete. This is limited to supplying the machinery and equipment for pumping concrete at the location specified by you. It is your sole responsibility to:

• source the concrete you want pumped;
• provide us accurate information about the composition of the concrete so that we can have the appropriate equipment available (not all concrete is created equal);
• ensure the area for pumping is easily accessible, noting that a concrete pumping truck is heavy equipment and accessibility includes the ability to get our trucks in and out without getting bogged or obstructed in any way;
• ensure the area where you want the concrete pumped has been appropriately prepared and is ready for concrete as soon as we arrive on site;
• level the concrete after it has been poured; and
• follow any directions for appropriate curing of the concrete as per the concrete suppliers’ instructions.

4. How to book our Services
   • You may book our Services either by calling us or completing the Pump Booking Form on our website. We will ask you a number of questions including what type of mud you are getting, the dimensions of your site, and when you want our Services to be delivered.
   • We will provide you our Schedule of Rates at the time or immediately after you submit a booking with us, together with an estimated cost of the service.
   • We will place a hold on your payment card for an amount more than our estimate. No amount will be debited from your account until the work has been completed.
   • We will invoice for our Services in accordance with our Schedule of Rates and deduct payment in accordance with our invoiced amount.

5. What is expected from you?

General

• You agree to:
  • promptly supply information we request that is related to the Services;
  • tell us immediately if any information or circumstances change that would affect our Services, for example, if access to the site is delayed, so that we can promptly consider alternatives;
  • be responsible for the items referred to in clause 7; and
  • pay our fees on time and in full.

Pre-delivery requirements

• You must obtain at your own expense all licenses and approvals (including any Council approvals) necessary for the delivery of the Services.
• You must tell us about any underground mains and services affecting the area where concrete will be poured. If the weight of the concrete could affect access to or infrastructure to the mains or services, it is your responsibility to correct those problems before we get to site.
• You must ensure that the correct traffic and pedestrian measures, and Council permits are in place. You agree to indemnify Stronger Foundations from any liability as a result of your failure to do so, for example, covering the cost of any fines or penalties issued.

Site requirements

• You agree to provide us clear, free and direct access to the site at all times including:
  • access for heavy vehicles;
  • a structurally stable set up area; and
  • removal of any furniture, furnishings or personal goods from the worksite.

You acknowledge that failure to do so could result in extra cost, and agree that we will not be liable for any damage arising through your failure to comply with this clause.

• We will not be responsible for:
  • hitting and or damaging any underground pipes or houses or buildings when we carry out the Services on your site;
  • the costs of removing our equipment from the site and or repairing a damage to the site where our equipment gets bogged or stuck; and
  • any damage to the site if we encounter unforeseen circumstances (eg. trenches).
• You are responsible for:
  • providing and or erecting scaffolding if required, in compliance with industry safety standards;
  • providing and maintaining effective screening to protect against damage caused by any malfunction of the pump or pipeline if required; and
  • in the case of high-rise jobs, maintaining and controlling all pipeline (according to the standards of the relevant code of practice), except Stronger Foundations’ lines between the pump and the stack.

Storage of equipment

• You will be responsible for the protection of our equipment from the public and animals during the provision of Services.
• If we need to store any plant or equipment onsite for the Services, you must provide us a safe area for storage and take all reasonable efforts to protect all items stored from possible destruction, theft or damage and agree to indemnify us if any such items are destroyed, stolen or damaged.

Washout

• You agree to provide an appropriate area on the worksite for the purpose of washing out Stronger Foundations’ concrete pumping plant upon completion of the concrete pumping and for depositing all unused concrete and slurry. You warrant (promise) that the washout area meets Council, Environment Protection Act 1994 (QLD) and Protection of the Environment Operations Act 1997 (NSW) and or regulation requirements.
• You agree that this area must allow for any leakage of slurry/water to roads, gutters or storm water drainage systems. In the event there is no such area available on the worksite, the concrete pumping plant will be taken elsewhere, and you acknowledge and agree that an offsite wash out fee will be added to your invoice (Washout Fee).

6. Disclaimer
   • Any details or timeline we may have given you about the Services are estimates only. Any difference in the Services delivered to you does not entitle you to make any claim against us.
   • You are responsible for sourcing the concrete you want. For this reason, we make no guarantee as to the structural integrity nor composition of the concrete used.
     • We will not be responsible if it becomes apparent to us when delivering the Services that the concrete is not pumpable. If larger equipment is required to pump the concrete, you acknowledge and agree that you will incur additional fees.
     • We accept no liability for the quality or suitability of the concrete pumped, nor for any defects in any part of the site which impacts the concrete.
     • We will not be responsible for reporting any apparent defect or failing in the concrete or other part of the site.
   • If we give advice or recommendations to you or your agent regarding the suitability of the worksite for the Services and our recommendations are not acted upon or if you decide to proceed with the Services against our advice, we will require you or your agent to authorise commencement of the Services in writing. We will not be liable in any way for any damages or losses as a result of the subsequent delivery of Services.
   • We provide our Services in accordance with your instructions. Our obligation is to transfer concrete supplied at ground level and to place the concrete as directed. Our obligation does not extend to settling the concrete in position or finishing the surface unless we specify in writing.
   • We make no guarantee as to the length of time the curing process will take and or against cracking of concrete that may occur naturally such as:
     • hairline cracking of paving and grout; or
     • damage caused by contact with chemicals, solvents, oils or any other substances; or
     • the effects by elements such as heat exposure or wet weather conditions that prolong the curing process.
   • You acknowledge and agree that it is your responsibility to organise and be liable for all costs associated with protecting the concrete and take all reasonable precautions to protect against destruction or damage including by way of vandalism. If the concrete is destroyed or damaged, you will bear the cost of repair or replacement.
   • Any defect liability obligation we may have, is void if you fail to:
     • water the concrete periodically to limit the risk of possible cracking due to weather conditions;
     • restrict foot traffic and or any vehicles on the concrete for a minimum of forty-eight (48) hours but preferably seven (7) days after completion of Services;
     • restrict the placement of heavy furniture on the concrete area for a minimum of twenty-four (24) hours after the completion of Services.
   • We are not responsible for any contamination of the concrete during or after the delivery of our Services. Concrete may be contaminated by other trades people or natural contaminates such as liquids, dirt, dust, insects or hair which may be present at the worksite.
   • We expect boxing up and formwork for concreting to have been completed prior to our arrival at site. The materials used may have an impact on the aesthetics of the concrete slab. If we are required to complete boxing up or formwork before concreting we will use timber and we will make every effort to ensure the timber is properly erected. We make no guarantee about the look of the finished concrete slab once the timber is removed.

Site Disclaimer

• You acknowledge and agree that we are unable to warrant the capacity and performance of our concrete pumping plant. In the event of any failing or breakdown of the concrete pumping plant, our liability to you for any loss or damages (including but not limited to oil stains to the site, concrete splatter or splashbacks, damage to the site, loss of time, concrete or other materials or any extra costs to you) is limited to the amount actually paid by you to us for our Services.
• Apart from removing our equipment from the site, we will not be responsible for cleaning up the site after delivery of our Services, including removal of slurry or washout material (eg. washout bag) unless you request an offsite washout at an additional Washout Fee.
• You acknowledge and agree that in the event asbestos or any other toxic substances are discovered at the worksite, it is your responsibility to ensure the safe removal of it from the site. You agree to indemnify Stronger Foundations against any costs we incur because of that discovery. Under no circumstances will Stronger Foundations handle removal of asbestos product.

7. Fees and payment
   • Our Schedule of Rates sets out how we charge fees for our Services.
   • Our fees are quoted to you exclusive of GST. You must pay us an amount for GST in addition to the quoted fees.
   • By booking our Services, you are giving us express authority to deduct our Service fees from your credit card upon completion of our Services. We will issue you an invoice upon completion of our Services with payment due on the same day.
   • We may deliver our Services to you in separate instalments. Each separate instalment will be invoiced and paid in accordance with clause 3.
   • For earthmoving services, the following fees apply:
     • Our hourly rate, with a minimum hire of four (4) hours per day;
     • Travel charge; and
     • Fees for use of attachments or dump loads (if applicable).
   • For concrete pumping services, the following fees apply:
     • Our hourly rate, with a minimum hire of four (4) hours per day;
     • Travel charge;
     • Pumping charge, calculated per cubic metres pumped;
     • Fees for use of slurry sands/primer; and
     • Equipment washout fees (if it is unsuitable for the washout to be done onsite, or if you request an offsite washout).
   • You acknowledge and agree that any set up longer than 40 metres will require an additional linehand, and that you will incur additional hourly rates and travel charges for the additional linehand.
   • If you are overdue with payment of amounts due under this agreement, we may suspend our Services until all fees are paid up to date. We will not be responsible for any delays, costs of delay or costs of extra work arising because of a delay caused in this scenario.
   • Interest may be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8.11% per annum (and interest will compound monthly). This rate applies after as well as before any judgment. We may also charge a monthly administration fee of $250.00 as a genuine cost to our business for chasing up late payments.
   • If any payment is dishonoured for any reason you will be liable for any dishonour fees incurred by us. If money remains unpaid, you will also be liable for any costs and disbursements incurred by us in pursuing the debt (including legal costs on a solicitor and own client basis) and debt collection costs to the extent permissible under relevant legislation.
8. Cancellation
   • If you wish to cancel a scheduled Services with us, you must do so within twenty-four (24) hours from when we confirmed the scheduled Services with you.
   • If you fail to cancel within this prescribed timeframe, a cancellation fee as set out in our Schedule of Rates will apply.
9. Title and PPSR Registration
   • To secure payment of our fees and any other amounts due from you to us under this agreement, you agree that we may protect our interests by registering a security interest on the Personal Property Securities Register (PPSR) over all your present and after acquired property, or in any other way we see fit.
   • You agree to:
     • promptly provide any information and or sign any document that we may require to be registered on the PPSR; and
     • provide at least ten (10) days’ notice of any change to your name or any other information that might affect the PPSR registration(s) by us.
   • To the extent the Personal Property Securities Act 2009 (Cth) (PPSA) allows, we do not need to comply with certain provisions of the PPSA including sections 95, 125, 130, 132(3)(d), 132(4), 142, 143 and any other provision of the PPSA notified to you by us.
   • You unconditionally ratify any actions taken by us under this clause.
10. Termination
    • Unless terminated early in accordance with this clause, this agreement will terminate at the end of the Term.
    • Our fees incurred will be invoiced up to the time of termination and you must pay us in accordance with our payment terms.
    • We may terminate this agreement by giving you three (3) days’ written notice if we become aware of circumstances that make the Services impossible to complete.
    • Subject to the requirements of the Corporations Act 2001, either party may immediately terminate this agreement if the other party becomes insolvent or steps are taken to appoint a liquidator or administrator or to make agreements with creditors.
    • Either party may give written notice to the other party to terminate this agreement for Non-Performance of the other party. Non-Performance means the failure or refusal to perform any obligation under this agreement.
      • Upon receipt of a notice of Non-Performance, the defaulting party will have seven (7) days to rectify that Non-Performance.
      • If the Non-Performance is not rectified to the reasonable satisfaction of the party issuing the notice within seven (7) days, this agreement will be terminated on the seventh (7th) day.

11. Defects liability period
    • You must give us written notice of any defects in the works provided within seven (7) days after we complete delivery of our Services. If you fail to tell us within this prescribed timeframe, you are deemed to have accepted our Services free from any defect or damages.
    • Upon such notification, you must allow us to inspect and or review the works provided. If we agree with your notice, our liability is limited in accordance with clause 16.
12. Third party services
    • If we make any third-party recommendations (including, but not limited to, third-party products or services) (‘third-party services’), we do so because to the best of our knowledge they are professional and competent service providers. You must complete your own due diligence to protect your business and ensure the third-party service provider is suitable for your intended purpose.
    • If you enter into an agreement with third-party service providers because of our recommendation, it is your responsibility to understand and negotiate your own agreement with them and to abide by their terms and conditions.
    • We will not in any way be liable for or responsible for your use of third-party services or loss or damage you or any other person suffers due to the use of the third-party services.
13. Warranties
    • If Australian Consumer Law applies, our products and services come with guarantees that cannot be excluded under the Australian Consumer Law:
      • For major failures in our services which breach applicable consumer guarantees, you are entitled to cancel your service contract with us and to request a refund for the unused portion already paid, or compensation for the reduced value of the service.
      • For major failures with products which breach applicable consumer guarantees, you are entitled to request a refund or replacement.
      • If a failure with the product or service does not amount to a major failure, you are entitled to have the failure rectified by us in a reasonable time. If this is not done, you are entitled to a refund for faulty product and or to cancel the contract for services and obtain a refund of any unused portion.
      • You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the product or service.

14. Limitation of Liability
    • To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law, you agree that:
      • our total aggregate liability for any claim(s) by you in respect of the Services is limited to the amount actually paid by you to us for our Services; and
      • if there is any defect in the Services, our liability will be limited (at our choice) to:
        • the supplying of the Services again; or
        • the repair of any defect in the Services caused by us.
      • This limitation of liability survives any termination or expiration of this agreement, or your use of our Services.

15. Indemnity
    • You accept full responsibility for and agree to keep us fully indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of our delivery of the Services, to the extent that the loss or damage has not been contributed to by the negligence of Stronger Foundations.
16. Dispute Resolution
    • Any dispute arising out of or relating to this agreement which cannot be settled within 14 days by negotiation between us, will be submitted to mediation before a mediator appointed by agreement between us (acting reasonably).
    • If we cannot agree, the mediator will be selected, and the fee determined by a duly qualified mediator appointed by the President or their nominee of the Queensland Law Society, Australia.
    • Each party will bear their own costs of the dispute and share equally in the costs of the mediator and any required venue.
17. General
    • Relationship – We are delivering the Project to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise.
    • Variation – Any variation to this agreement will be of no force or effect, unless made in writing and agreed by both parties.
    • Assignment – Our delivery of the Services is personal to you and this agreement and cannot be assigned to any other person.
    • No Waiver – Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement.
    • Governing law – This agreement is governed by the laws of Queensland, Australia, and you agree to be subject to the jurisdiction of the courts of Queensland, Australia if there was a serious dispute between us.
    • Severability – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be severed, and the remainder of the terms and conditions will continue in effect.
    • Entire agreement – These terms and conditions together with the Schedule of Rates form the agreement between us and anything else discussed beforehand or afterward is not part of our agreement or fees charged unless it was included. Any terms are expressly excluded unless we have agreed to them in writing.

End.