Terms & Conditions
Proposal T&Cs, Qualifications and Exclusions
Proposal & Pricing 💰
Prices quoted are valid for 60 days from the proposal date. All prices are net and exclusive of GST unless otherwise stated. The customer must pay GST and any other taxes, duties, excises, or levies that RTI becomes liable for as a result of new or changed legislation. The quotation is an estimate for all required materials and labour. Any variations to the price must be provided in writing. The proposal, prices, materials, and technical specifications are subject to change. Errors and omissions are excepted (E&OE).
Contract Formation & Authority 📜
A quotation is not an obligation to supply. RTI reserves the right to accept or reject any offer. A contract is formed only upon written acceptance by RTI of the customer’s offer. Placing an order implies the customer’s acceptance of RTI’s terms and conditions. RTI rejects any of the customer’s proposed terms and conditions unless they are accepted by RTI in writing. These terms and conditions may be varied, added to, or amended by an authorized RTI officer via written notice or by posting changes on the RTI website. Any changes posted online will be binding. The customer’s request for a variation to these terms must be made in writing and may be refused by RTI without reason. This agreement constitutes the entire understanding between the parties, superseding all previous negotiations, representations, or warranties. The customer warrants that they have understood all information in this agreement.
Delivery & Risk 🚚
All design work will be carried out to the best of our professional ability, skill and knowledge, based on the information provided at the time of engagement. While every effort is made to ensure accuracy and quality, the client acknowledges that the services do not guarantee specific outcomes or performance beyond industry standards. RTI is not liable for any loss, damage, or delay arising from late or non-delivery or late installation of the goods. Goods are at the customer’s risk once delivered. The customer is responsible for safely and securely storing the goods to prevent damage or loss. No allowance or arrangements have been made for secure storage or insurance of items once delivered. RTI accepts no responsibility or liability for any damage resulting from vandalism, intentional or otherwise, as perpetrated by others.
Manufacturer Guidelines 📋
Prices are strictly based on installing items in line with manufacturer guidelines and specifications. If instructed by our client to perform non-compliant work that breaches these guidelines, RTI reserves the right to refuse the work without penalty and may recover any incurred costs. In cases where a client’s specifications differ from the manufacturer’s guidelines, the manufacturer’s guidelines will be adhered to unless a prior written agreement between the client and manufacturer is reached.
Site & Installation Conditions 🏗️
RTI assumes all necessary preparatory works for the surface installation have been fully completed before RTI begins its work. RTI assumes that the pH levels of the substrate and base surfaces are within the tolerances set by the product manufacturer’s technical documentation. RTI reserves the right to perform necessary tests, such as adhesion or compaction testing, on the substrate before installation. The installation will not proceed if the surface fails these tests. All concrete, asphalt, or other base surfaces provided by the principal contractor or third parties must be structurally sound, certified, and fully compliant with the specified product’s technical requirements. Supplied substrates must be at the required levels, fully cured, clean, and free of any contamination, including but not limited to laitance, efflorescence, curing compounds, dirt, debris, grease, or any other materials that could affect the product’s bonding. Works are based on having clear and unobstructed access to the site. If access is blocked or hindered, RTI reserves the right to request a variation with adjusted pricing and proposed completion timeframes. The customer must inform RTI in writing of any potential hazards, infestations, or quarantine zones before work begins. Failure to do so will result in a variation to the quote. In the event of wet or inclement weather, works may be delayed, stopped, or modified without penalty to RTI. RTI reserves the right to withdraw from a site without penalty if RTI’s management deems the site unsafe, unsecured, or dangerous. Unless otherwise stated, prices for travel (mobilization and/or demobilization) only include a single return trip to the site and a set number of nights on-site. Any work undertaken by RTI that has not been explicitly detailed and priced in the proposal will be completed at an agreed value. If no value has been agreed upon, RTI will issue a variation on a default square metre rate, calculated by the total quotation amount divided by the additional square metres. The proposal is based on the ability to carry out works in a single, continuous, unbroken manner. Should site conditions impede RTI’s ability to complete works within a single, continuous and unbroken manner, additional fee’s may be applicable for the mobilisation or demobilisation of staff The proposal has a provision for a maximum allowance of 30 minutes per person for any site inductions, meetings, or other gatherings that may delay or impact the work schedule. It is assumed a pressured potable water supply is available and readily accessible on-site within 25 meters of a works area. It is assumed RTI staff can utilize existing on-site facilities such as bathrooms and amenities. Pricing is based on mixing/preparing materials within 25 meters of the installation area. No allowances for additional access equipment have been made (e.g., cranes, lifts). No allowances have been made to make good or provide protective coverage to any surfaces or areas used for access to the worksite. Normal working hours for RTI staff are between 5 am and 2 pm, Monday to Friday (excluding public holidays). Requests to work outside these hours may incur additional charges. The client warrants that all information provided to RTI is accurate and complete. The client shall provide safe, unobstructed access to the site and ensure all preparatory works are completed on time. Any failure by the client to meet these obligations may result in project delays and additional costs, which will be borne by the client.
Standard Exclusions ⛔️
Unless explicitly detailed and costed as a separate line item in the proposal, the following are excluded from the scope of work: GPS setout services are not included in the scope of works or pricing. If GPS setout is required, it must be requested in writing and will be subject to additional costs and scheduling. Site boundary, survey, or geotechnical survey services. Work or deliveries outside of RTI’s standard Monday to Friday working hours. Any undisclosed requirement to carry or hold liabilities, securities, retentions, or insurances Temporary construction fencing, bunting, or other pedestrian or vehicle traffic management. Manned security is not included in the proposal unless explicitly agreed upon and paid for as an additional service. If provided, security will be for a nominated period only, and we are not liable for any damage occurring outside of the specified timeframe. RTI will take all necessary precautions to secure the site including temporary fencing/signage where applicable. Supply, installation, or compaction of sub-grade base materials or edging. Engineering certifications, design, modelling, soil testing, surveyor set-outs, design documentation, RPQ signoffs, or any other form of certification. Chemical cleaning or pressure washing of concrete surfaces to remove contaminants, or mechanically roughening, leveling, or correcting surfaces. Utility or service locating, diversion, decommissioning, commissioning, removal or protection of any existing underground or above ground utility or other services cabling, piping, conducting, ducting or pits, environmental, erosion, or sediment controls. Financial retentions, bonds, bank guarantees, extended payment terms on any project claims, Council fees, charges, levies, bonds, memberships, or other government or project payments. Reinstating areas surrounding the surfacing works. Compliance costs associated with Government directives including but not limited to COVID-19 (travel, quarantine, PPE, administration).
Returns & Warranty 🛠️
RTI is not obligated to accept returned goods and will only do so by written agreement on a case-by-case basis. Specially manufactured or repaired goods are not returnable. If a return is agreed upon, the customer must return the goods to RTI’s place of business at their own cost. RTI’s liability for defects in goods it manufactures is limited to repair or replacement within 12 calendar months of dispatch. This warranty is only valid if defects are due solely to faulty materials or workmanship, and the goods have not been subject to maltreatment, inattention, interference, or adverse site conditions. All other express and implied warranties are excluded, and RTI is not liable for physical or financial injury, loss, or consequential damages. The customer acknowledges that they have not relied on any oral or written representations by RTI in their decision to purchase and use the goods. The warranty will be void if the customer fails to abide by RTI’s installation recommendations. RTI’s liability for a breach of a condition or warranty implied by the Australian Competition and Consumer Act 2010 (Cth) is limited to the replacement or repair of the goods or the cost of doing so.
Retention of Title & Payment 💲
RTI does not accept or agree to any form of payment retention, retainage or holdback that is not explicitly agreed upon in writing prior to the commencement of work. Any attempts by the client or a third party to unilaterally retain or withhold payment beyond the agreed payment terms, will be considered a breach of this agreement. All goods remain the property of Rubbertough Industries Pty Ltd until full payment is received. Purchase orders shall be valid for a period of up to 90 days from date of issuance & may be subject to review should this period lapse. Until payment is made, the customer holds the goods in a fiduciary capacity for RTI and must store them so they can be easily identified as RTI’s property. The customer may sell the goods in the ordinary course of business, but acts as an agent and bailee for RTI, holding the proceeds of the sale in trust for RTI. The customer’s indebtedness to RTI is not discharged by the sale of the goods unless the funds held in trust are remitted to RTI. If payment is overdue, RTI has the right, with or without notice, to enter any premises occupied by the customer to inspect and repossess the goods. The customer is responsible for all costs and expenses RTI incurs in exercising these rights. When RTI repossesses goods, it has the absolute right to sell or deal with them as necessary. RTI’s interest constitutes a ‘purchase money security interest’ under the Personal Property Securities Act 2009 (PPSA).
Products & Goods 📦
RTI will use reasonable endeavours to fill accepted orders, however is not liable for any failure or inability to supply goods. RTI reserves the right to withdraw any goods from sale. Products and materials may vary in appearance, colour, and dimensions and are subject to change or development. All designs, layouts, and surfacing products are designed to meet manufacturer guidelines based on applicable Australian standards. RTI reserves the right to supply goods with modifications and specifications at its discretion.
Legal & Miscellaneous ⚖️
The agreement is governed by the laws of Victoria, Australia, and the relevant federal laws in force in Victoria. Any dispute, controversy, or claim arising out of or in connection with this agreement, or the breach, termination, or invalidity thereof, shall first be referred to a senior representative of each party for good-faith negotiations. If the dispute cannot be resolved within 14 days, the parties agree to enter into mediation with a mutually agreed-upon mediator before pursuing any legal action. The parties submit to the non-exclusive jurisdiction of the courts of Victoria. The customer agrees to indemnify RTI against any claims related to these terms, including legal fees. RTI is not liable for loss of profit, economic loss, or any other indirect or consequential loss. Neither party shall be liable for any failure or delay in performance under this agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, fire, flood, labour disputes, or government actions. The party affected shall promptly notify the other party and use all reasonable efforts to mitigate the effects of the event. If a legal account recovery is necessary, the customer must pay all costs, including legal fees, on a full indemnity basis. If any provision of these terms is found to be invalid or unenforceable, that part will be severed, and the remainder of the agreement will remain effective. This agreement constitutes the entire agreement between the parties.