Terms
Custom Spray Pave - Terms
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CONDITIONS OF TENDER Definitions or Interpretations "Contractor" means the Company whose name appears on this quotation that has been accepted by the Principal. "Principal" means the person named in this tender and includes his/her executors, administrators, successors and assigns. "Work" means the work to be executed in accordance with the Tender. General Conditions 1. The "Contractor" has at his own expense adequate insurance cover for "Public Liability" and all types of contracting work. 2. The Contractor shall not at any time be liable for upgrading or relocating of existing services. 3. The Principal is responsible for providing complete free and easy access into the working area of the job for materials, etc. 4. Notwithstanding any/all of the proceeding conditions, all quotations are valid for a maximum period of 3 months after which time the Contractor to the Principal will submit a new tender. However, the Contractor reserves the right to render the tender null and void at any time. 5. The tender is made on the assumption that normal ground bearing conditions pertain. Any additional requirements of the Local Authority not shown on the plans or mentioned in the specification, which results in further costs to the Contractor, shall give to the Contractor the right to charge the Principal for such further costs. 6. The Contractor shall not at any time be liable for any instructions given by the Principal to the Contractor that may contravene the requirements of the Local Authority. 7. Where site excavation by hand or machine has been allowed for in the tender it has been assumed that the excavated materials shall be of a soft loose nature. No allowance has been made for excavating rock. Where rock is required to be excavated then the additional cost of this work will be charged direct to the Principal. 8. The Contractor shall not at any time be liable for damages to footpaths, crossovers, kerbing, water pipes, storm water drains, property, etc. 9. In the event of the works covered by this quotation being damaged or destroyed by any cause not the direct fault of the Contractor, then any additional cost and expense incurred as a result of such damage or destruction shall be chargeable to the Principal and shall be recoverable as monies due hereunder. 10. Precautions will be taken by the contractor to minimize, cracking of the concrete. Should any cracking of the concrete occur the Contractor, shall not be held responsible. 11. No guarantee of exact color matching of adjacent concrete slabs or of colour samples, brochures or displays, supplied by other the Principal or the Contractor can be given by the Contractor. 12. All materials and equipment on site that form an integral part of the contract shall remain the property, and shall be in the exclusive possession of the company until payment in full for the contract has been made. 13. (a) The Contractor expressly warns the Principal, who should obtain a professional soil test and/or engineering report if in doubt, that whilst the work will be structurally firm within itself and contain the appropriate expansion joints, it depends upon a firm foundation and may be damaged by movement of the ground itself. The Contactor will not be liable for any subsidence or cracking in the work due to and/or occasioned by: (i) the apparent softness of the soil; (ii) possible inadequacy of soil compaction; (iii) likely subsurface swelling due to subterranean drainage; (iv) landslip. (b) The Contractor expressly warns the Principal that the dark colours selected/or surface staining will in time become visibly discoloured due to dirt and dust The Contractor will not be under any duly to resurface the area. (c) The Contractor expressly warns the Principal that Spray Pave is decorative not structural, and in any surface application of Spray Pave subsurface cracks, whilst they may be temporarily disguised, may reappear. |
