Terms of service

01 These terms

These terms apply to your use of this website and, where we say so below, to the services we provide. In these terms, "we", "us" and "our" mean Brothers Excavation and Concreting Pty Ltd (ABN 98 701 417 254, ACN 701 417 254) of the Plumpton / Rockbank area, Victoria (VIC) 3335, and "you" means the person or entity using this website or engaging us.

By using this website you accept these terms. If you do not accept them, please do not use the site.

02 This website is information only

The content on this website is general information about the services we offer. It is not advice, and it is not an offer capable of acceptance. Nothing on this site — including any description of a service, method or material — should be relied on in place of engineering advice, a soil report, a building surveyor's determination or your local council's requirements for your particular site.

We try to keep the site accurate and current, but we do not warrant that it is free of errors or omissions. We may change or remove content at any time without notice.

03 Quotes, scope and variations

A price becomes binding only when we give you a written quote and you accept it in writing. Any indicative figure given in conversation or in general correspondence is an estimate, not a quote.

• Each quote states what is included and what is excluded. Work outside that scope is a variation.
• Quotes are based on the plans, soil report, levels and site access made available to us at the time. Conditions found on site that could not reasonably have been identified from that information — including rock, fill, contaminated or unstable ground, undisclosed services and buried structures — may change the price and the programme.
• Variations will be agreed in writing with you before the additional work is carried out, except where an urgent step is needed to keep the site safe.
• Unless the quote says otherwise, it is open for acceptance for 30 days and concrete, aggregate, steel and cartage rates are subject to supplier pricing at the time of the works.

04 Your responsibilities

To let us do the work safely and correctly, you must:

• Give us accurate plans, soil reports, levels, permits and approvals, and tell us of anything you know about the site that could affect the works.
• Ensure we have the site access, standing area and services (including water and power where the quote assumes them) that the works require.
• Obtain any planning permit, building permit, council crossover approval or owners' consent that the works require, unless we have agreed in writing to obtain it.
• Arrange the location of underground services before excavation, and disclose any private services that a standard search would not show.
• Keep the site clear of other trades and obstructions during the periods we are booked to work.

05 Programme, weather and delays

Dates we give for starting or finishing work are estimates made in good faith. Excavation and concreting depend on weather, ground conditions, concrete supply, inspections and the progress of other trades.

We will not place concrete or work saturated ground where doing so would compromise the result or safety. Where a date moves for that reason, or for any cause outside our reasonable control, we will tell you as soon as we can and reschedule. We are not liable for delay caused by matters outside our reasonable control.

06 Payment

Payment terms are as stated on the quote or invoice. Unless agreed otherwise, invoices are payable within 7 days of the date of issue, and any deposit is payable before we mobilise to site.

Where the work is carried out in stages, we may invoice on completion of each stage. Title in materials supplied by us does not pass to you until the relevant invoice is paid in full, to the extent the law permits and subject to those materials becoming part of the land. We may charge interest on overdue amounts at a reasonable commercial rate and recover reasonable costs of collection.

07 Concrete finishes and the nature of the material

Concrete is a site-mixed and site-placed material. Variations in colour, shade and surface texture between pours and across a single pour are normal and are not defects. Minor shrinkage cracking can occur in properly designed, placed and cured concrete, which is why control and expansion joints are used.

We will place, finish and cure to the specification in the quote and the slab designer's detail. We are not responsible for cracking, movement or settlement caused by ground movement, reactive soil, inadequate design supplied to us, drainage or landscaping installed by others, loading of the slab before it has gained strength, or work carried out by others after we leave the site.

08 Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Among other things, services must be supplied with due care and skill, be fit for any purpose you told us about, and be supplied within a reasonable time.

For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where the work is residential building work, any statutory warranties and insurance requirements that apply under Victorian law apply in addition to these terms.

09 Limitation of liability

Subject to section 08 and to the extent permitted by law:

• Where a consumer guarantee applies and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of that guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
• We are not liable for indirect or consequential loss, loss of profit, loss of opportunity, loss of use, or liquidated damages or penalties owed by you to a third party.
• Our total aggregate liability arising out of a particular engagement is limited to the amount paid by you to us under that engagement.
• We are not liable for damage to underground services, structures or surfaces whose location was not disclosed to us or shown in the information provided to us, or for damage that is a necessary consequence of carrying out the agreed works.

We are not liable for any loss arising from your use of, or reliance on, information published on this website.

10 Intellectual property

All content on this website — including the text, layout, styling, inline graphics, structure and code — is owned by us or used with permission, and is protected by the Copyright Act 1968 (Cth) and other Australian laws.

You may view the site and print or download extracts for your own non-commercial use in connection with engaging us. You may not otherwise copy, reproduce, republish, adapt or commercially exploit any part of it without our written permission. Any quote, drawing, set-out or method statement we prepare remains our property until paid for and may not be given to another contractor for pricing or execution.

11 Cancellation and termination

You may cancel accepted works by notice in writing. If you cancel, you remain liable for work already performed, materials ordered or supplied that cannot reasonably be returned, plant and labour committed for the scheduled period that cannot reasonably be redeployed, and any cancellation charge passed on to us by a supplier.

We may suspend or terminate works by notice if you fail to pay an invoice when due, fail to provide safe access or a legally required approval, or direct work that we reasonably consider unsafe or contrary to the engineer's design. We may also restrict access to this website at any time.

Termination does not affect rights or obligations that accrued before it, and sections 08 to 13 survive termination.

12 Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. See our privacy policy for details.

13 Governing law

These terms and any engagement between us are governed by the laws of the State of Victoria (VIC), Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and of the courts entitled to hear appeals from them.

If any provision of these terms is found to be invalid or unenforceable, it is severed to the extent necessary and the remaining provisions continue in force.

14 Contact

Questions about these terms should be sent to Brothers Excavation and Concreting Pty Ltd (ABN 98 701 417 254, ACN 701 417 254), Victoria (VIC) 3335, by email to [email protected].