Terms & Conditions
- Any quotation provided by Able Linemarking Pty Ltd is valid for a period of 30 days from the quotation date after which it may be subject to review.
- Able Linemarking requires an authorised purchase order or signed quote prior to commencement of work.
- Quotations includes provisions for a site induction to a maximum of 30 minutes. Able Linemarking reserves the right to charge an additional $50 per person per hour for site/safety inductions of greater than 30 minutes duration when this is required by the client.
- Any work conducted on an active road will require appropriate accredited and approved traffic control measures and plans. Traffic control is the responsibility of the client and is not included in the quotation unless specified.
- Any clerical error or omission in any sales literature, quotation, price list, invoice or other document or information issued by Able Linemarking shall be subject to correction without any liability on the part of Able Linemarking.
- Measures, illustrations, performance capabilities, application suitability information and other data supplied by Able Linemarking are statements of opinion and are provided for information only. Clients should satisfy themselves as to the suitability or otherwise of any products or application methods suggested.
- Payment Our payment terms are 14 days from the invoice date unless other payment arrangements approved by Able Linemarking, in writing prior to the commencement of work, provision of services or supply of goods and signed by the parties.
- If for any reason completion of the job is delayed due to any factor beyond the control of Able Linemarking, the company reserves the right to issue an invoice for the value of additional visits.
- The client warrants that their representative on site has authority to sign Release Forms (refer also to section: indemnity and release below) which release Able Linemarking from warranty claims made against our work, Variations Forms which approve additional works, and Job Sheets which confirms the client is satisfied with the work completed. Additional charges may be invoiced for variations to the scope of work as quoted and the client warrants that they will pay these charges. Variations to this quotation will be charged at market rates.
- The invoice will reflect actual work completed as per client’s instructions. This is determined by a check measure performed by the Line Marker and the client’s representative signature on the job sheet (when present) on job completion. The client accepts that measures may vary from quoted to actual and that this may either increase or decrease the invoice amount. Should a client representative not be present on the job site, clients must accept our actual scope of work in good faith.
- It is the responsibility of the client to ensure clear access to the area to be painted plus a reasonable surrounding area for safe working. Delays and obstructions such as vehicles, containers and equipment may increase the duration or prevent completion of the job. In the event Able Linemarking are delayed or unable to complete a job due to factors which can be controlled by the client, Able Linemarking reserves the right to charge an additional $85 per person per hour plus GST for delays and if subsequent visits are required to complete the job, a site fee of $190 plus GST per visit.
- In the event of warranty claim on any items, products or materials sold on a supply only basis, it is the responsibility of the client to return the items, products or materials to Able Linemarking for repair or replacement. Any onsite testing, repair or replacement of items, products or materials supplied on a supply only basis will incur service and travel charges.
- Attending a site or testing items, products or materials sold on a supply only basis for warranty claims will incur service and travel charges where no fault is found, or the cause of the fault negates the warranty.
- Some items, products and materials may be non-returnable, if for example, they have been altered in the installation or removal process. It will be at the discretion of Able Linemarking whether it accepts the return of any items, products or materials.
- Sub-Contractors Able Linemarking may appoint sub-contractors to carry out any or all of its obligations under the quotation.
- All costs and expenses incurred by Able Linemarking will be invoiced should the client cancel works after an official quotation acceptance is received by Able Linemarking such as a purchase order or email. Any and all costs and expenses incurred by Able Linemarking by reason of cancellation will be reimbursed by the client.
- If a deposit has been paid, Able linemarking reserve the right to keep the Deposit of 20% and use this as payment for admin fees.
- If the client: Fails to make payment to Able Linemarking on the due date; Refuses or neglects to take delivery of any goods; Has an administrator appointed over all or any of the client’s assets, or enters into a scheme of arrangement for the benefit of its creditors, or resolves that it be wound up, or have a petition for its winding up presented against it, or (being an individual) has a petition for bankruptcy presented or petitions for his bankruptcy; Ceases, or threatens to cease, to carry on business; or Fails to comply with any obligations contained herein or in any Credit Agreement; then without prejudice to any right or remedy available to Able Linemarking, Able Linemarking shall be entitled to suspend further works or deliveries under the quotation without any liability to the client. If goods have been delivered but not paid for, the invoice for these shall become immediately due and payable notwithstanding any prior agreement or arrangement to the contrary.
- Any quotation prepared by Able Linemarking together with these terms and conditions and any other documentation related to a quotation is strictly confidential. The client must ensure that its representatives do not disclose in any way any of this information or furnish a copy of this information to any other entity without the prior written approval of Able Linemarking.
8. Limitation of Liability
- Where Able Linemarking is required to drill or dig, for example for the installation of signs, it is the client’s responsibility to provide Able Linemarking with accurate details and descriptions of all underground services on site. Able Linemarking accepts no responsibility or liability for damage to services where the client has not made the details and descriptions available or where the details and descriptions provided are not accurate and as a result services are damaged.
- Able Linemarking shall not be liable for any direct or indirect costs, loss, damages, expenses, loss of profits, loss of production or consequential loss relating to damage to property or injury or loss to any person or company due to any cause whatsoever, except to the extent Able Linemarking caused the damage, injury or loss by an act of negligence.
- Able Linemarking follows the plans, drawings and instructions (either verbal or written) provided by the client and their on-site representatives when quoting, laying out and marking up. We lay out according to AS 1742.2 (MUTCD) & AS2890 Parking Facilities unless otherwise directed by the client.
- The adhesion of pavement markings on concrete surfaces will not be guaranteed due to the possibility of reaction with curing compounds, dirt, loose surfaces etc. It is the responsibility of the client to ensure the area to be painted is clean and dry. Our quotation includes only minor sweeping/air blower as surface preparation unless otherwise stated.
- Black mould, tyre rubber, dirt and fruit sugars on concrete will affect the life of the paint unless cleaned appropriately. We therefore cannot warrant the paint applied to unclean surfaces.
- When removing paint, the integrity, finish, level and temperature of the surface will affect the outcome of the finished product. Every effort is made to leave a smooth surface, but the final effect may be outside our control.
- There is no implied slip resistance of painted surfaces: it is the responsibility of the client to keep the painted area clean and dry after painting.
- The client must indicate to able linemarking the fixing substrate, so we can correctly supply fittings.
- Installation and location of safety mirrors and/or Bollards are strictly under the client instruction:
- it is the responsibility of the client to ensure/locate things such as but not limited to services, cables or piping in walls or floors.
- It is the responsibility of the client to ensure the fixing location is of good quality.
9. Indemnity & Release
- A representative of the client may be asked to sign a Release Form or written and signed statement on the quote in the event we believe it is not advisable to paint an area due to moisture, contamination or other reasons, but where the client advises they wish to proceed in any case.
- The client indemnifies Able Linemarking against any liability, claim, action, loss, damage, cost and expense Able Linemarking sustains or incurs arising out of or in connection with the performance of the scope of works quoted.
- The client shall indemnify Able Linemarking against all actions, costs (including the cost of any legal proceedings), claims, proceedings, accounts and demands in respect of any infringement or alleged infringement of patent rights, registered design or similar protective rights resulting from compliance with the client’s instructions, requirements or specifications, whether express or implied.
- The minimum cure time for concrete is 28 days. Able Linemarking will not warrant paint applied on concrete within the minimum cure time. We will not paint unless a representative of the client signs a Release Form or written and signed statement on the quote.
- The minimum drying period required for concrete after rain is 48 hours. A moisture reading of less than 4% is required before painting and it’s the responsibility of the client to check this.
- The client is required to disclose any and all additives used in the concrete as it may affect the adhesion of the paint.
- The minimum cure time for new asphalt is 28 days. Able Linemarking will not warrant paint applied on asphalt within the minimum cure time. We will not paint unless a representative of the client signs a Release Form or written and signed statement on the quote.
- Asphalt can be painted when it looks dry after rain.
- The client releases Able Linemarking from all action or demand due to any damage, loss, injury or death occurring in or near the site, except to the extent Able Linemarking caused this by an act of negligence.
- Severability If any part of these terms and conditions is or becomes illegal, invalid or unenforceable, the legality, validity or enforceability of the remainder of the terms and conditions will not be affected.
11. Competition and Consumer Act 2010
- The terms and conditions herein shall not exclude those conditions and warranties available to the client under the Competition and Consumer Act 2010 (Cth).
12. Acceptance of terms & conditions
- By accepting our quotation the client agrees to the terms and conditions herein.