Terms and Conditions
General
Any quotation provided by Linemarkers South East Queensland (“Linemarkers”) is valid for a period of 30 days from the quotation date after which it may be subject to review.
Linemarkers requires an authorised purchase order prior to commencement of work.
This quotation includes provision for a site induction to a maximum of 30 minutes. Linemarkers reserves the right to charge an additional $50 per person per hour for site/safety inductions of greater than 30 minutes duration where these are 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 Linemarkers shall be subject to correction without any liability on the part of Linemarkers.
Measures, illustrations, performance capabilities, application suitability information and other data supplied by Linemarkers 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.
Dulux A1 Roadmaster is our preferred product but we reserve the right to substitute with a similar standard product due to market supply.
The Linemarkers’ Privacy Policy sets out how we use and handle personally identifiable information that we collect in the course of doing business. A copy may be requested by contacting our office between 08:00 and 16:00 Monday to Friday.
Payment
Our payment terms are 14 days from the invoice date unless credit terms or other payment arrangements are agreed in writing prior to the commencement of work, provision of services or supply of goods. Credit terms are available to clients, however, Linemarkers will not provide credit terms until such time a Credit Agreement (including Guarantees if applicable) is completed by the client, approved by Linemarkers and executed by the parties.
Linemarkers requires an Account Setup Form to be completed prior to commencement of work. The Account Setup Form collects information from the client in order to allow us to invoice correctly.
If for any reason completion of the job is delayed due to any factor beyond the control of Linemarkers South East Queensland, the company reserves the right to issue an invoice for the value of work performed.
The client warrants that their representative on site has authority to sign Release Forms (refer also to section: indemnity and release below) which release Linemarkers 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 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 Linemarkers are delayed or unable to complete a job due to factors which are able to be controlled by the client, Linemarkers 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.
Warranty
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 Linemarkers 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 Linemarkers whether it accepts return of any items, products or materials.
Sub-Contractors
Cancellation
Default
If the client:
- Fails to make payment to Linemarkers 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 Linemarkers, Linemarkers 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.
Confidentiality
Limitation of Liability
Where Linemarkers is required to drill or dig, for example for the installation of signs, it is the client’s responsibility to provide Linemarkers with accurate details and descriptions of all underground services on site. Linemarkers 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.
Linemarkers 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 Linemarkers caused the damage, injury or loss by an act of negligence.
Linemarkers 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 lifetime of 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.
Installation of safety mirrors is under client instruction.
Indemnity and Release
A representative of the client may be asked to sign a Release Form 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 Linemarkers against any liability, claim, action, loss, damage, cost and expense Linemarkers sustains or incurs arising out of or in connection with the performance of the scope of works quoted.
The client shall indemnify Linemarkers 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. Linemarkers 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.
The minimum drying period required for concrete after rain is 4 days. A moisture reading of less than 4% is required before painting.
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 30 days. Linemarkers South East Queensland 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.
Asphalt can be painted when it looks dry after rain.
The client releases Linemarkers from all action or demand due to any damage, loss, injury or death occurring in or near the site, except to the extent Linemarkers caused this by an act of negligence.
Severability
Competition and Consumer Act 2010 (Cth)
The terms and conditions herein shall not exclude those conditions and warranties available to the client under the Competition and Consumer Act 2010 (Cth).
