Smart Solutions Australia Gateway

Sectional Patch Repair

1. Introduction:

These Terms and Conditions govern the provision of sectional patch repairing services provided by Smart Solutions Australia Pty Ltd to you, the Customer. By accepting a quote, you agree to these Terms and Conditions in full.

2. Service Description:

We specialize in the repair of sectional damages through patching, ensuring a seamless blend with the existing material. Our services include but are not limited to inspection, patching, and finishing.

3. Quotes:

All quotes are valid for 30 days from the date issued. The final cost may vary depending on the actual conditions assessed during the job commencement. Additional services not covered in the initial quote will be charged separately.

4. Payment:

A deposit of 20% is required to commence work, with the balance due upon completion. Payment terms are strictly net 30 days from the completion date. All Payment to be made out to Smart Solutions Australia Group.

5. Scheduling and Timeliness:

Repair schedules will be agreed upon acceptance of the quote. While we strive to adhere to the scheduled times, delays may occur due to unforeseen circumstances. We will communicate any changes in a timely manner.

6. Guarantee and Warranty:

Warranty/Guarantee provided separately.

7. Liability

Our liability for any claims related to the services provided shall not exceed the total cost of the service provided. We are not liable for any indirect, special, or consequential losses. If the drain is deemed unsuitable for patching due to issues with cleanliness, pit access, or any other circumstances that are beyond our control. SSA will levy a minimum charge for 6 hours at the rate for each plant resource, such as trucks or other machinery/services, utilized on-site in accordance with our schedule of rates. We shall not be liable for any delay or failure to perform our obligations due to any cause beyond our reasonable control, including but not limited to acts of nature, government actions, or labour disputes.

8. Cancellation

Cancellations must be made in writing at least 2 days (48 hours) before the scheduled service date. Cancellations made after this period may incur a cancellation fee of 10% of the total price. A cancellation made on the same day as the booking SSA will levy a minimum charge for 6 hours at the rate for each plant/resource, such as trucks or other machinery/services, utilized on-site in accordance with our schedule of rates.

9. Amendment

We reserve the right to amend these Terms and Conditions at any time. Your continued use of our services after any changes constitutes your acceptance of the latest Terms and Conditions.

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1. Definitions

1.1 “Contractor” means Smart Solutions Australia Group Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Smart Solutions Australia Group Pty Ltd.

1.2 “Customer” means the person/s requesting the Contractor to provide the Services/Equipment as specified in any invoice, document, or order, and if there more than one person requesting the Services/Equipment is a reference to each person jointly and severally.

1.3 “Incidental Items” means any goods, documents, designs, drawings, or materials supplied, consumed, created, or deposited incidentally by the Contractor in the course of it conducting, or supplying to the Customer, any Services.

1.4 “Equipment” means all Equipment including any accessories supplied on hire by the Contractor to the Customer (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorization form provided by the Contractor to the Customer.

1.5 “Services” means all Services supplied by the Contractor to the Customer at the Customer’s request from time to time.

1.6 “Price” means the price payable for the Services and/or Equipment hire as agreed between the Contractor and the Customer in accordance with clause 4 of this contract.

2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts quotations or proposals or Services/Equipment provided by the Contractor.

2.2 These terms and conditions may only be amended with the Contractor’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Contractor.

3. Change in Control

3.1 The Customer shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Contractor as a result of the Customer’s failure to comply with this clause.

4. Price and Payment

4.1 At the Contractor’s sole discretion, the Price shall be either:

(a) as indicated on any invoice provided by the Contractor to the Customer; or

(b) the Price as at the date of delivery of the Services/Equipment according to the Contractor’s current price list; or

(c) the Contractor’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

(d) Early Payment Discount: An early payment discount will apply in accordance with your credit account agreement. A 2.5% discount will apply for early payment.

(e) Late Payment Interest: Should payment exceed the agreed terms, an interest charge of 2.5% per week will accrue from the invoice date until the payment is fully received. This is to compensate for the delay and to encourage adherence to the agreed payment schedule.

4.2 The Contractor reserves the right to change the Price if a variation to the Contractor’s quotation is requested. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to unforeseen circumstances or as a result of any increase to the Contractor in the cost of materials and labour) will be charged for on the basis of the Contractor’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

4.3 Time for payment for the Services/Equipment being of the essence, the Price will be payable by the Customer on the date/s determined by the Contractor, which may be:

(a) on delivery of the Services/Equipment;

(b) the date specified on any invoice or other form as being the date for payment; or

(c) failing any notice to the contrary, the date which is the completion date of the Services/Work undertaken.

4.4 Payment may be made by cash, check, bank check, electronic/on-line banking, or by any other method as agreed to between the Customer and the Contractor.

4.5 Unless otherwise stated, the Price does not include GST. In addition to the Price, the Customer must pay to the Contractor an amount equal to any GST the Contractor must pay for any supply by the Contractor under this or any other agreement for providing the Contractor’s Services/Equipment. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

5. Delivery of Services/Equipment

5.1 At the Contractor’s sole discretion delivery of the Services/Equipment shall take place when the Services/Equipment are supplied to the Customer at the Customer’s nominated address.

5.2 Delivery of the Services to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.

5.3 The Contractor may deliver the Services/Equipment by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.

5.4 Any time specified by the Contractor for delivery of the Services/Equipment is an estimate only and the Contractor will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Services/Equipment to be supplied at the time and place as was arranged between both parties. In the event that the Contractor is unable to supply the Services/Equipment as agreed solely due to any action or inaction of the Customer then the Contractor shall be entitled to charge a reasonable fee for re-supplying the Services/Equipment at a later time and date.

6. Risk

6.1 Irrespective of whether the Contractor retains ownership of any Incidental Items, all risk for such items shall pass to the Customer as soon as such items are delivered to the Customer and shall remain with the Customer until such time as the Contractor may repossess the Incidental Items. The Customer must insure all Incidental Items on or before delivery.

6.2 The Contractor reserves its right to seek compensation or damages for any damage, destruction, or loss suffered in relation to the Incidental Items as a result of the Customer’s failure to insure in accordance with clause 6.1.

7. Access

7.1 The Customer shall ensure that the Contractor has clear and free access to the work site at all times to enable them to undertake the works. The Contractor shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways, and concreted or paved or grassed areas) unless due to the negligence of the Contractor.

7.2 The Customer shall be responsible (at the Customer’s cost) for the removal of any trees, plants, or any other obstacles in the vicinity of the work site that are in the way of the Contractor undertaking the works.

8. Underground Locations

8.1 Prior to the commencement of any excavation works, the Customer must advise the Contractor, in writing, of the precise location of all underground services on the site and clearly mark the same. The underground mains services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, and any other services that may be on site. In the absence of notification, the Contractor will take all care to avoid damage to services and will not be liable to repair or replace any damaged services unless such damage was due to the Contractor’s negligence.

8.2 Should the Customer fail to identify any services as required, the Customer will be solely liable for any loss or damage suffered by the Contractor in connection with the Contractor’s failure to identify such services.

9. Title to Incidental Items

9.1 Notwithstanding the fact that Incidental Items may be supplied or installed by the Contractor, all Incidental Items shall remain the property of the Contractor until such time as full payment has been made by the Customer and received by the Contractor.

9.2 In the event of the Customer being in default of payment of any invoice issued by the Contractor, the Contractor may recover possession of any Incidental Items at any site owned, possessed, or controlled by the Customer and the Customer grants the Contractor an irrevocable right to enter upon the premises owned or occupied by the Customer or any site where the Incidental Items are situated.

10. Default and Consequences of Default

10.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at a rate of 2.5% per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

10.2 If the Customer owes the Contractor any money the Customer shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default fee, and bank dishonour fees).

10.3 Further to any other rights or remedies the Contractor may have under this contract, if a Customer has made payment to the Contractor, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 10 where it can be proven that such reversal is found to be illegal, fraudulent, or in contravention to the Customer’s obligations under this agreement.

11. Cancellation

11.1 Without prejudice to any other remedies the Contractor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Contractor may suspend or terminate the supply of Services/Equipment to the Customer and any of its other obligations under the terms and conditions. The Contractor will not be liable to the Customer for any loss or damage the Customer suffers because the Contractor exercised its rights under this clause.

Cancellation Fee: All cancellations made within 4 hours from the scheduled start time of the shift will incur a cancellation fee equivalent to a 4-hour minimum charge based on the price of the asset.

Cancellation After Shift Commencement: If a cancellation occurs after the shift has commenced from the depot, a minimum charge will apply based on the booking minimum specified for that shift as outlined in our schedule of rates.

12. General

12.1 If any provision of these terms and conditions shall be invalid, void, illegal, or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

12.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which the Contractor has its principal place of business and are subject to the jurisdiction of the courts in that state.

12.3 The Contractor shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Contractor of these terms and conditions (alternatively, the Contractor’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services/Equipment).

12.4 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Contractor.

12.5 The Contractor may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

12.6 The Contractor reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Contractor notifies the Customer of such change.

12.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, or other event beyond the reasonable control of either party.

12.8 The failure by the Contractor to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Contractor’s right to subsequently enforce that provision.