Terms & Conditions

Better. Experience. Guaranteed.

Terms & Conditions

These are the Terms & Conditions (T&C) between Raise and Relevel Pty Ltd (R+R) and the person, company (or other entity) named on Quotation and whom signed the Client Acceptance Form (Client).

1. CONTRACT

Upon signing the Client Acceptance Form a contract (Contract) shall come into existence for the performance of the services and the provision of the materials and the other things as set out in the Quotation (collectively Services) for the total price as set out in the Quotation (Price) comprising;
(a) Quotation provided by R+R
(b) Client Acceptance Form signed by Client
(c) These Terms & Conditions

The Contract supersedes all previous submissions, representations, warranties, understandings. If there is any ambiguity, discrepancy or inconsistency between the three documents then the following order of precedence shall apply, first the Quotation; second the Client Acceptance Form; and third the Terms & Conditions.

2. CANCELLATION

The Client shall not cancel the Contract unless R+R agrees in writing. The Client agrees that if the Contract is cancelled less than 5 days before the scheduled start date for the provision of the Services, R+R is entitled to retain the Deposit paid.

3. ADDITIONAL COSTS

Where there is any delay to scheduled Services due to insufficient access to the Property or any other circumstances outside of R+R reasonable control, then R+R:
(a) will promptly, upon becoming aware of any such event which has or may give rise to a delay, notify the Client of the event, the estimated delay and the estimated increased cost; and
(b) may charge the Client an additional standby rate of $100 per hour capped at $2,500 per 7.5-hour day for each day of delay or part thereof.
(c) Where the Client fails to perform, or inadequately perform any works which are the responsibility of the Client, R+R may perform such work in addition to the Services and may charge the Client for such work at cost plus 20%.

4. LATE PAYMENT CHARGES

If any amount is withheld or not paid by the Client to R+ R by the due date for payment:
(a) an administration charge of $100 per month will be added to the overdue amount on the day immediately following the due date and on each monthly anniversary of that due date; and
(b) interest on the overdue amount at a rate of ten percent per annum (10%) shall be payable by the Client to R+R from the day immediately following the due date, up to and including the date on which the payment is made in clear funds.

5. DAYWORK & SCHEDULES OF RATES

Where Services are carried out on a Schedule of Rates basis (as specified, if at all, in the Quotation), the Client shall be responsible for requesting, checking and signing R+R work record sheets daily.

6. TERMS OF PAYMENT

The deposit payable under the Contract shall be as per the Client Acceptance Form and if a deposit is regulated by statute or regulation then in the maximum amount so payable but not exceeding 50% of the Price (“Deposit“).

The balance of the Price shall become due and payable by the Client immediately upon completion of the Services at the Property whereupon R+ R shall deliver at that time to the Client a Tax Invoice.

The Client shall not be entitled to withhold payment of any amount due on the basis it has not received payment from a third party.

The Price has been determined on the basis of the Client not withholding any part of the Price as a retention or guarantee for the performance of the Works unless there has been a specific provision in those respects included in the Quotation.

In no event shall the Price or any other amount payable for the Services under the Contract (including any additional costs payable to R+ R) be subject to any set-off, deduction or counterclaim of any kind by the Client.

7. PROPERTY ACCESS & DELAYS

The Client shall be responsible, at the cost of the Client to provide R+R with safe, suitable and timely access to the Property and work area for R+R vehicles, materials, personnel, plant and equipment.

The Client acknowledges and agrees that vehicles, materials, plant and equipment located at the Property whilst the Services are being provided or otherwise shall always remain the absolute property of R+R and the Client shall have no right, title or interest in R+R property.

8. HOURS OF WORK

The Services shall be carried out between the hours of 0700 and 1700 from Monday to Friday (excluding statutory holidays) or otherwise as required by law.

R+R may, at its discretion, work additional or altered hours and/or days at no cost to the Client.

If additional or altered hours or days are requested by the Client and additional costs are incurred by R+R as a result of such request, the Client shall be liable to pay such increased costs as notified by R+R.

9. EXCLUSIONS

The Services and the Price excludes the following, which shall be the Client’s sole responsibility and cost:
(a) obtaining of any required authorities or approvals in relation to the Services;
(b) site inspections by any authorities/consultants;
(c) security and protection and/or removal, replacement, adjustment or repair of all finishes, fixtures, fittings, floor coverings, joinery, partitions, ceilings, furniture, goods, articles, equipment, building and services, landscaping and external works, including to adjacent properties;
(d) any damage to services (including underground services and connections), building structure, adjacent building or like elements, wall/floor finishes, glass, joinery, landscaping and the like;
(e) the resultant effects of saw-cutting of concrete/joint lines;
(f) ingress of R+R material into drainage systems or fittings, conduits, appliances, services or unrelated voids/rooms;
(g) subsequent failure, including movement and cracking, due to structural deficiencies, altered use and/or loading, tree roots, sub-floor and/or foundation conditions, ingress of water from flooding or broken pipes and the like; and
(h) the responsibilities of the Client as set out in the Quotation.

10. RESPONSIBILITY FOR INFORMATION

The Client shall provide R+R with all information that is relevant to the delivery of the Services The Client warrants that all information provided to RAISE AND RELEVEL is true and accurate in all respects and R+R shall have no liability to the Client for any defects in the Services due to lack of instructions/information (including geotechnical information) from, or insufficient/incomplete/incorrect/inaccurate documentation and information being provided by or on behalf of the Client.

11. RESPONSIBILITY FOR SUPERVISION

The Client or a nominated representative of the Client must be available throughout the provision of the Services, to answer queries, give directions and check the R+R set out and levels and to ensure the suitability of the Services relative to the Property.

12. VARIATIONS

Any variation to the Services must be agreed in writing by the Client and R+R. If the variation is proposed by the Client, R+R will provide the Client with details of:
(a) the cost of implementing the proposed variation;
(b) any estimated delay to the performance of the services which may result from carrying out the variation; and
(c) any increase to the Price which may result from carrying out the variation.

13. INSURANCES

R+R will maintain Public Liability Insurance of not less than $20,000,000.

Domestic Building Insurance means the insurance cover which RAISE AND RELEVEL is required to effect and maintain in relation to the performance of the Services under the relevant home building insurance legislation (“HBI“) in effect throughout Australia. The premium for the HBI insurance is included in the Price.

14. PRODUCT WARRANTY

R+R warrants that, under normal conditions, its injected materials will resist shrinkage and deterioration for up to 50 years

15. WORKMANSHIP GUARANTEE

R+R will advise the Client of any actions the Client is required to perform to maintain the workmanship guarantee. If these actions are undertaken then R+R guarantees that if the results achieved and recorded by R+R from performing the Services under the contract are not maintained for 24 months then R+R will re-perform the Services at no charge to the Client.

16. DISPUTES

In the event of a dispute between the parties in connection with the Contract (“Dispute“) and that dispute has not been resolved by negotiation with seven (7) days of it first arising then either party shall give written Notice of the Dispute to the other party providing particulars of the dispute and how that party sees the dispute being resolved. Within seven (7) days of receipt of that notice the other party shall respond to the particulars and how that party sees the dispute being resolved. If the Dispute cannot thereupon be resolved within a further fourteen (14) days from the date of the second notice by good faith negotiations

before an agreed mediator or failing agreement with the assistance of representatives appointed by either party, then either party may refer the Dispute to be determined by litigation before the courts or other tribunals having the required jurisdiction in the State or Territory in which the Property is located. The law of that State or Territory shall apply to the Contract.

17. LATENT CONDITIONS

This Contract is subject to, and has been based on, information that has been provided to R+R by the Client. R+R shall not be liable for any loss, cost, expense or damage suffered or incurred by the Client or any other person to the extent that physical

conditions on or under the site at which the Services are to be provided at the Property or its immediate surroundings differ materially from the physical conditions which could reasonably have been anticipated by R+R at the date of the Contract if R+R had: (a) examined all information made available in writing by the Client to R+R prior to the commencement of the Services; and (b) inspected by non-invasive means, the site at which the Services are to be provided and its surroundings.

18. DEFAULT AND TERMINATION

The Client will be in default of the Contract if it commits a breach of any of its obligations (including as to payment) owed to R+R under the Contract. R+R may do any one or other of, or in combination:
(a) immediately either suspend the Services or terminate the Contract.
(b) require all amounts owing to R+R (whether or not due for payment) to be paid immediately.
(c) enter onto the Property and retake possession of any of R+R plant, equipment, material or vehicles; or
(d) exercise all rights that R+R has under the Contract or that are available to it at law.

The Client indemnifies R+R against any cost, claim, damage, expense or liability suffered or incurred by R+R in exercising its rights under this clause or otherwise acting to recover any property from the Client or monies payable by the Client.

R+R will not be liable to the Client or any other person for any loss suffered or liability incurred (including indirect and consequential losses) arising from suspension or termination of the Contract R+R retaking possession of any of its property.

The Client shall be entitled to terminate the Contract:
(a) immediately where R+R has an administrator, liquidator, receiver (or receiver and manager) appointed, cannot pay its debts as and when they fall due or ceases to carry on its business; or
(b) on giving not less than fourteen (14) days’ written notice to R+R in the event that R+R is in default of a material obligation owed to the Client under the Contract; and such default has not been corrected or reasonably commenced to be corrected within that period.

19. LIABILITY

If R+R becomes liable to the Client in connection with the Services under the Contract its liability shall 24. be limited to the reasonably foreseeable damages, losses or expenses and will not be liable for any indirect, consequential or special loss, or loss of profit, howsoever arising.

The maximum aggregate liability of R+R for any claims made by the Client shall not exceed the Price
If R+R is found liable to the Client, and the Client and/or a third party has contributed to the loss or damage, R+R shall only be liable to the proportional extent of its own contribution.

R+R will not be liable for any losses or expenses suffered or incurred by the Client arising out of or in connection with:
(a) a delay or failure by the Client to comply with (b) any of its responsibilities as set out in the Contract.
(b) any damage to services (including (c) underground services and connections), building structure, adjacent elements, wall/floor finishes, glass, joinery, landscaping or the like.
(c) the resultant effects of saw-cutting of concrete/joint lines.
(d) ingress of R+R material into drainage systems or fittings, conduits, appliances, services or unrelated voids/rooms; and
(e) subsequent failure including movement and cracking, due to structural deficiency, altered use and/or loading, tree roots, sub-base and/or subgrade conditions, ingress of water from flooding or broken pipes or the like.

20. INTELLECTUAL PROPERTY

The Contract does not grant the Client any intellectual property rights, title or interest (including copyright) in relation to the Services.

21. FORCE MAJEURE

R+R will not be liable for any failure or delay to perform its obligations under the Contract caused by any event or circumstances beyond its reasonable control (“force majeure“).
The performance of R+R obligations under the Contract will be suspended for the period of any delay due to force majeure. Any costs incurred by R+R due to force majeure will be payable by the Client. Nothing in this clause shall excuse the Client from any obligation to make a payment when due under the Contract.

22. CONFIDENTIALITY

The Client will at all times treat as confidential all non-public information and material received from RAISE AND RELEVEL (including the existence, terms and pricing included in the Contract) and will not publish, release or disclose the same.

23. ASSIGNMENT

The Client may not assign, subcontract or otherwise transfer any of its rights, powers or obligations under the Contract without RAISE AND RELEVEL’s prior written consent. Raise and Relevel may assign subcontract or otherwise transfer any rights, powers or obligations under the Contract and shall give written notice thereof to the Client.

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