Standard Terms and Conditions
for Quotations and Projects
These terms and conditions constitute an integral part of the agreement between Queensland Road Construction (QRC) and the Client regarding the quoted works. The Client’s acceptance of the quotation implies their agreement to these terms. Any additional agreements or subcontract arrangements shall take precedence over these standard terms and conditions.
1. Definitions
- “Client”: Refers to the entity agreeing to accept the quotation, inclusive of its employees, agents, and subcontractors.
- “Company”: Queensland Road Construction (QRC).
- “Conditions”: Pertains to the terms and conditions of the quotation and any additional matters specified therein.
- “Loss”: Encompasses liability, including loss, claim, damage, demand, injury, or death, as well as fines or penalties imposed by statutory or other authorities.
- “Pavement”: Denotes ground conditions or road base, as applicable at the Site prepared by the Client.
- “Project specific conditions”: Conditions outlining the way the “works” are to be executed, as detailed in the QRC Quotation.
- “Quotation”: A proposal by QRC to the Client to perform “works” for an agreed sum of money.
- “Sub-surface”: Includes all matter beneath the Pavement, such as soil, rock, pipes, cabling, trenches, and services.
- “Total Price”: The monetary figure indicated in the QRC Quotation.
- “Works” or “Work”: Refers to the entirety of the work, including material provision, to be carried out and completed in accordance with the quotation, inclusive of variations.
- “Work site” or “Site”: Denotes the lands and other places to be made available by the Client to QRC for completing the works as per the quotation.
2. Validity
This quotation remains open for acceptance by the Client within 30 days from the date of issuance and is subject to the condition that work commences within 3 months from the quotation date. Acceptance of the offer is contingent upon the Client meeting the Companies credit approval requirements. The Client’s written order to commence work or commencement of work by the Company constitutes acceptance of the offer.
3. Point of Supply
This quotation is based on the availability of all materials, including bitumen, bitumen emulsion, fluxes, additives, asphalt, aggregates, and other necessary products, from the Company’s normal point of supply concerning the locations of work, or as otherwise specified. Should circumstances beyond the Company’s control necessitate supply from an alternative point of supply, any resulting increase in cost will be borne by the Client.
4. Extent of Work
This quotation is contingent upon the supply of the full range of work as specified at the Site. In the event of variations in quantities supplied or the Site location differing from the quotation, the Company reserves the right to adjust the rate accordingly. If the Company commences the works and terminates in accordance with Clause 12, the Client remains liable to pay for the work performed at the agreed rates, adjusted for establishment costs, overheads, fixed costs, and loss of profit, proportional to the work completed, irrespective of the Client’s or local authority’s satisfaction.
5. Basis of Payment
The Client shall remunerate the Company for the work at rates corresponding to the actual quantities supplied, as documented on the delivery docket or spray sheet. The Client acknowledges that the rates are predicated on current costs for transport (where specified), labour, and materials, excluding Bitumen, and shall remain valid for 30 days, unless otherwise stipulated.
Rates for items containing Bitumen are subject to fluctuations in the General Market Price (GMP) of Bitumen from the quotation date to the commencement of work, with the Company retaining the discretion to adjust rates accordingly. All rates are predicated on the use of Class 170 Binder for asphalt works, unless otherwise stated.
6. Job Availability
The Company necessitates adequate notice from the Client regarding the preferred time for work commencement, with the requisite notice period varying seasonally. While the Company does not guarantee work commencement on the requested date or completion by any specified date, it endeavours to accommodate Client preferences to the best of its ability.
7. Site Access
The Client is responsible for providing adequate, suitable (for all relevant machinery), and timely access to the Site for the Company’s material, personnel, and equipment. Furthermore, the Client indemnifies the Company for any Loss, including delay costs, establishment costs, and outlays, incurred due to failure to provide access.
8. Delay or Cancellation
Labour, equipment, and materials shall be dispatched in quantities and at times as ordered by the Client. Any delay in the execution of works beyond the Company’s control or arising from any cause known or reasonably foreseeable by the Client, necessitates the Client’s indemnification of the Company for any Loss resulting from such delay.
9. Site Visits
This quotation assumes that all work will be completed at the allocated site as detailed in the Conditions of Quotation. Any additional site visits required beyond the agreed allocation will be subject to charges outlined in the Conditions of Quotation.
10. Additional Services
This quotation encompasses only the specified work. Any additional materials or services agreed upon by the Company will be at the Client’s expense, based on rates determined in accordance with Clause 14. Unless otherwise stated, the Work does not include:
- Work at multiple sites.
- Site-specific employment conditions or allowances.
- Site-based Quality Assurance Testing.
- Construction of site access tracks.
- Traffic Management.
- Material Transfer Vehicle (MTV).
- Design of the Work.
- Work performed in accordance with Clause 12.
11. Working Hours
This Quotation assumes completion of all work within the specified working hours detailed in the Conditions of Quotation. Additional charges will apply for work conducted outside these hours or on public holidays, calculated in accordance with Clause 14.
12. Pavement and Sub-Surface Acceptability
This Quotation is issued on the assumption that the Pavement and Sub-surface have been prepared to the satisfaction of the Client and meet the standard appropriate for the Works. The Client warrants compliance of the Pavement and Sub-surface with relevant specifications, enabling normal use of the Company’s road surfacing equipment. The Company is not obligated to inspect or test the Pavement or Sub-surface but reserves the right to terminate the agreement if they are found unsuitable. In such cases, the Client is responsible for associated costs.
13. Limitation of Liability and Indemnity
The Company shall not be liable for:
- Property damage unless solely caused by the negligence of Company employees or agents, with notification required within 24 hours of occurrence.
- Defects in the Work unless reported within 14 days of completion, with liability limited to replacement of defective material or rework.
- All other guarantees, warranties, consequential losses, or damages are expressly excluded, except to the extent prohibited by law.
The Client shall indemnify the Company against all claims, damages, demands, penalties, costs, charges, expenses, or consequential losses arising from the Company’s work. The Company’s total aggregate liability is limited, to the extent permitted by law, to the amount paid by the Client for the Work.
14. Variations
Any variations carried out by the Company are subject to these Conditions and charged to and paid for by the Client at an agreed rate.
15. Terms of Payment
Unless otherwise specified, payment is required upon completion of work, with Electronic Funds Transfer as an accepted form of payment. Invoices will be issued to approved account clients either as progress claims or upon completion of work, with payment due within thirty (30) days of the end of the month from the official invoice date. The Company reserves the right to charge interest on overdue amounts at a rate 2% above the current overdraft rate charged to the Company by its bankers. The Client may be required to provide a bank guarantee or other acceptable payment guarantee for the Total Price.
16. Force Majeure
The Company shall not be liable for any loss incurred due to delay or failure to deliver Goods or observe provisions of these Terms resulting from a force majeure event, beyond the Company’s reasonable control. The Client must accept delivery of the Goods notwithstanding any delay caused by a force majeure event, and the Company’s obligations under these Terms will be suspended during the continuance of such event.
17. Maintenance
This Quotation does not cover maintenance after completion of the Works. The Client acknowledges full payment for the Works and that no provision has been made for the retention of any monies unless otherwise agreed by the Company in writing.
18. Information
The Client must provide all relevant information, including specifications relating to the Works and details regarding the Site, to the Company. The Company relies on the accuracy and completeness of this information. The Client warrants the accuracy and completeness of the information provided.
19. Asphalt Operations
- Pavement Shaping and Depth:
When pavements shaped outside the adjustable limits of the paver, undulate, or exceed the design depth, additional asphalt may be required. The Client shall be liable for the cost of extra asphalt at the quoted rate. Should the quantity deviate by more than 10% from the quoted amount, either party may request a re-quote. - Excessive Handwork:
If excessive handwork is encountered, considering the type of work and information provided at the time of tender, the Company reserves the right to charge for handwork based on the standby time rate listed. - Water Supply:
The Client is responsible for supplying water for rollers as required.
20. Milling Operations
- Damage to Unidentified Services:
The Company bears no liability for damage caused to unidentified services on the work site. - Service Locating Responsibility:
The Client acknowledges responsibility for employing service locating contractors on the work site and marking out any services or objects whose existence could reasonably be expected to be known. - Charges for Unlocated Objects:
The Company reserves the right to charge for any damage to machinery, personal injury, or losses incurred due to collisions with unlocated objects or services. - Exclusion of Concrete Cutting:
Unless specified otherwise, milling rates do not include concrete cutting. - Compliance with Fire Ant Controls:
The Client is responsible for the cost of complying with Fire Ant Movement Controls and legislation. If spoil removal off-site is permitted, it is assumed that the material has been inspected and a movement certificate obtained. - Water Supply for Profilers:
The Client is responsible for supplying water for profilers as required.
21. Sealing Operations
- Stockpile Site Nomination:
Where QRC is required to supply and stockpile aggregate on-site, the Client must nominate a suitable, clean, and hard stockpile site at no cost to QRC. - Cartage Charges:
For cartage of aggregate to the work site from a stockpile site, the site must be within three kilometres of the work site. Additional charges may apply for cartage beyond this distance, unless otherwise specified. - Loading Site Responsibility:
The Client must provide a site suitable for safe mechanical loading of aggregate. QRC is not responsible for remediation costs. - Loose Aggregate Removal:
The Client is responsible for removing any loose aggregate from the site unless otherwise specified. - Warning Signage:
The Client is responsible for erecting and maintaining all necessary warning signs at the work site, including “Loose Stones” and “Windscreen Damage” signs. - Water Supply for Road Base:
The Client is responsible for supplying water for road base prior to sealing if required.
