TERMS AND CONDITIONS

ACTION LINES SIGNS AND CIVIL Pty Ltd
ACN 055 824 149

The following terms and conditions (“Terms and Conditions”) apply to the Customers transactions with Action Lines Signs and Civil Pty Ltd ACN 055 824 149 of 1.05, 3 Thomas Holt Drive, Macquarie Park New South Wales 2113 (“Action Lines Signs and Civil”) unless agreed otherwise in writing and are subject to change at any time. 

1. PERFORMANCE

   1. Action Lines Signs and Civil will deliver the goods and carry out the services: (a) in a proper and diligent manner; and (b) in the absence of any standards being specified, the goods and services shall comply with the relevant standard of the Standards Association of Australia.

   2. The Customer must make available to Action Lines Signs and Civil such access to the work site as reasonably necessary for Action Lines Signs and Civil to deliver the goods and carry out and provide the services as programmed. The site should be free from vehicles, debris, and obstructions during scheduled work times.

   3. Line marking, removal, signage and civil works are weather dependent. Action Lines Signs and Civil cannot do its work in wet conditions or when rain is forecast. Action Lines Signs and Civil reserve the right to reschedule work due to adverse weather without penalty. Action Lines Signs and Civil will communicate  weather-related delays promptly to the Customer.

   4. Action Lines Signs and Civil has allowed for work to be carried out between the normal working hours of 6.00am to 6.00pm Monday to Friday, except for public holidays and rostered days off. Surcharge rates for hours worked outside the normal hours of work, including Saturday and Sunday, will apply.

2. PRICING

   1. The price for the goods and services provided by Action Lines Signs and Civil to the Customer will be as per Action Lines Signs and Civil’s accepted quotation. By accepting our quotation the Customer agrees to these Terms and Conditions.

   2. Lines Signs and Civil will charge the Customer for the goods and services provided together with costs incurred by Action Lines Signs and Civil as a result of the following: (a) delays or complications in the delivery of goods and services due to difficult access to the site, misrepresentations made regarding access and description of the goods or services required, or failure to provide particulars regarding access and the nature of goods or services; (b) any changes imposed by a third party in connection with the goods or services; or (c) any increase in existing or imposition of new taxes, customs duties or government levies.

   3. Action Lines Signs and Civil shall provide the Customer with an invoice and the Customer shall pay Action Lines Signs and Civil within fourteen (14) days of date of invoice.

   4. A certificate signed by an Action Lines Signs and Civil employee as to any sum payable to it shall be conclusive evidence and proof of the indebtedness of the Customer at the date of the certificate.

   5. In the event the Customer fails to pay in accordance with these payment terms: (a) the Customer shall pay interest at the penalty interest rate specified in the Penalty Interest Rates Act 1983 (VIC) effective from time to time calculated daily from the day after the due date for payment the balance outstanding until the invoice is paid in full; or (b) Action Lines Signs and Civil may in its absolute discretion refuse to continue to provide the goods or services ordered by the Customer; and (c) all debt recovery costs including legal costs on an indemnity basis (including in respect of the exercise of any security or the lodging/withdrawal of any caveats) and any mercantile agent costs shall be deemed to form part of the indebtedness of the Customer to Action Lines Signs and Civil.

   6. The Customer shall not be entitled to set off against any invoice any money, debt or damages alleged to be owing by Action Lines Signs and Civil to the Customer.

   7. Where the Customer disputes the invoice or any sum claimed in the invoice, it must:(a) pay the undisputed elements of the invoice; (b) within ten (10) business days notify Action Lines Signs and Civil in writing that it disputes all or part of the invoice and provide detailed reasons for the dispute, including providing copies of all supporting documents, and (c) request that the dispute be resolved in accordance with clause 2.8.

   8. If a dispute regarding an invoice arises and the Customer notifies Action Lines Signs and Civil of the dispute in compliance with clause 2.7 the parties must, prior to the initiation of any legal action, use reasonable commercial efforts to resolve the dispute within fourteen (14) days of the date on which the notice was is given to Action Lines Signs and Civil.

   9. In the event the parties cannot resolve the dispute within this period the parties may take whatever action they see fit in relation to the dispute.

   10. The Customer acknowledges and agrees that if it does not comply with clauses 2.7 or 2.8: (a) the Customer shall be deemed to have accepted the full amount claimed in the invoice issued by Action Lines Signs and Civil as being due and payable to Action Lines Signs and Civil; and (b) the full amount claimed in the invoices issued by Action Lines Signs and Civil shall become due and payable upon the expiry of the fourteen (14) day period set out in clause 2.3.

       In the event an invoice is issued by Action Lines Signs and Civil which constitutes a ‘payment claim’ for the purposes of the applicable security of payments legislation of the relevant State or Territory: (a) clauses 2.7, 2.8 and 2.10 shall not apply to the invoice; (b) the applicable reference date that applies to the invoice shall be the business day immediately after the day by which the goods or services the subject of the payment claim were performed or supplied (as the case may be) by Action Lines Signs and Civil; and (c) the payment claim shall be due and payable by the Customer within fourteen (14) days of the date of the payment claim.

3. PAYMENT TERMS

   Payment terms are strictly fourteen (14) days from invoice date unless specifically agree in writing by Action Lines Signs and Civil.

4. CREDIT TERMS

   1. The Customer consents to Action Lines Signs and Civil seeking, obtaining and retaining consumer credit information and trade references concerning the Customer’s credit worthiness from any business and credit reporting agencies.

   2. Any credit terms given by Action Lines Signs and Civil are those terms and conditions set out in these Terms and Conditions.

   3. Credit facilities may be withdrawn without notice at Action Lines Signs and Civil’s absolute discretion.

   4. The Customer agrees to the terms and conditions set out in these terms and Conditions and acknowledges having understood the nature and effect of these Terms and Conditions.

5. SITE ACCESS, DELAYS AND NON-PRODUCTIVE TIME

   1. The Customer shall provide safe, continuous and unobstructed access to all areas required for the works.

   2. Where Action Lines Signs and Civil is delayed, prevented from working, required to work out of sequence or rendered non-productive due to circumstances outside its reasonable control, Action Lines Signs and Civil may charge applicable day work, standby or minimum shift rates.

   3. Chargeable delays may include lack of access, unavailable work areas, other contractors, incomplete preceding works, traffic management restrictions, site inductions, wet or unsuitable surfaces, Customer instructions, services or obstructions, and changes to the programme.

   4. Reasonable additional costs arising from delay, including accommodation, travel, plant hire, subcontractor cancellation fees and additional mobilisation, may also be charged

6. VARIATIONS AND ADDITIONAL WORKS

   1. Any change to the scope, quantities, specifications, programme, access, methodology or site conditions may constitute a variation.

   2. Where practicable, variations will be discussed and approved in writing before commencement. Action Lines Signs and Civil may require written authorisation before undertaking a variation.

   3. Where urgent or unforeseen work is required to protect the works, the site or persons, or where immediate action is reasonably necessary, Action Lines Signs and Civil may undertake the work and charge the applicable schedule of rates or reasonable rates.

   4. Variations will be charged at the applicable quotation or schedule of rates, or at the standard rates of Action Lines Signs and Civil where no applicable rate has been provided.

7. MOBILISATION AND ESTABLISHMENT

   1. Unless otherwise stated, the quotation includes only the establishment and demobilisation expressly identified.

   2. Additional establishments, re-establishments, relocations or demobilisations required due to changes in programme, sequencing, access, cancellation or delay may be charged

8. SITE INDUCTIONS AND SITE REQUIREMENTS

   1. Unless otherwise stated, the quotation includes no provisions for any required site inductions. Additional time spent undertaking inductions, replacement personnel inductions, mandatory meetings, training, competency assessments, drug and alcohol testing, security requirements or other site-specific requirements not reasonably contemplated at quotation may be charged at the applicable rate.

   2. Where site requirements materially reduce productivity, the resulting non-productive time may also be charged.

9. SURVEY, SET OUT AND CUSTOMER INFORMATION

   1. Unless expressly stated, the quotation does not include set-out, survey and marking-out of new works.

   2. The Customer is responsible for providing accurate survey control, dimensions, line types, coding, locations and other information required to perform the works.

   3. For guardrail and safety barrier works, the Customer shall provide and maintain suitable survey offset lines and levels where required.

   4. Action Lines Signs and Civil is not responsible for errors arising from inaccurate, incomplete or incorrectly maintained information supplied by the Customer.

10. GROUND, PAVEMENT AND SUBSTRATE CONDITIONS

    1. The quotation assumes ground and substrate conditions suitable for the works described.

    2. Unless expressly included, additional costs may apply where the works encounter rock, concrete, deep-lift asphalt, concrete-treated base, buried obstructions, unsuitable ground, reinforcement or other conditions that materially affect productivity or require specialist equipment or alternative methods.

    3. Specialist works including rock breaking, coring, diamond drilling, service locating, potholing or similar activities are excluded unless expressly stated.

11. TRAFFIC AND PEDESTRIAN MANAGEMENT

    1. Traffic management and pedestrian management are excluded unless expressly included in the quotation.

    2. Where included, the scope is limited to the specific services identified in the quotation. Traffic Guidance Schemes, Traffic Control Plans, permits, road occupancy licences and associated approvals are included only where expressly stated.

    3. Additional traffic management, subcontractor and permit costs arising from variations, delays, changes to programme or Customer requirements may be charged.

12. UNDERGROUND AND CONCEALED SERVICES

    1. Where Action Lines Signs and Civil is required to drill or dig, for example for the installation of signs or civil work, it is the Customer’s responsibility to provide Action Lines Signs and Civil with accurate details and descriptions of all underground services on site.

    2. Action Lines Signs and Civil accepts no responsibility or liability for damage to services where the Customer 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.

    3. The Customer shall arrange all necessary locating and isolation of underground and concealed services. Additional costs arising from unidentified services or the need for service locating, potholing, isolation or protection may be charged. 

13. MATERIALS, DELIVERY AND STORAGE

    1. Unless expressly included, delivery of materials to site is excluded.

    2. Materials delivered to site shall be unloaded, securely stored and protected by the Customer until required for installation.

    3. Where the Customer is responsible for unloading, storage, plant or lifting equipment, such resources shall be available in accordance with the agreed programme.

    4. Action Lines Signs and Civil is not responsible for damage, loss or deterioration of materials caused by inadequate storage or protection by others.

14. WASTE AND DISPOSAL

    1. Unless expressly included, the Customer shall provide suitable tipping or disposal facilities for waste and excavated materials generated by the works at no cost to Action Lines Signs and Civil.

    2. Where Action Lines Signs and Civil is required to transport, tip or dispose of waste, additional charges may apply.

    3. Special arrangements for hazardous or regulated waste are excluded unless expressly stated.

15. PROGRAMME AND AVAILABILITY

    1. The programme shall be mutually agreed before commencement.

    2. Unless otherwise stated, Action Lines Signs and Civil requires reasonable advance notice of the required commencement date. The quotation may specify a minimum notice period, depending on the works.

    3. Action Lines Signs and Civil will endeavour to complete its works as soon as reasonably practicable but is not responsible for delays caused by circumstances outside its reasonable control.

16. SECURITY

    1. Action Lines Signs and Civil may at its absolute discretion request security from the Customer in respect of amounts outstanding or for goods or services to be provided in the future, and the Customer agrees to provide such security to Action Lines Signs and Civil upon such request.

    2. Despite any other clause of these Terms and Conditions, Action Lines Signs and Civil will not be obliged to provide any goods or services to the Customer should the requested security not be provided to Action Lines Signs and Civil’s satisfaction.

    3. So as to better secure the payment of any monies, or performance of any obligation, under these Terms and Conditions, the Customer hereby charges in favour of Action Lines Signs and Civil all of the Customer’s estate, right, title and interest in real estate (wherever situated in Australia) which the Customer now has, or may acquire in the future, and hereby consents to Action Lines Signs and Civil lodging a caveat on the certificate of title to any.

17. LIABILITY AND WARRANTY

    1. Action Lines Signs and Civil shall not be liable for any loss, damage (including incidental, consequential or special damages), costs or expenses suffered by the Customer (or its employees agent, officers or staff) to person or property, arising from the goods or services.

    2. Notwithstanding the foregoing, Action Lines Signs and Civil’s liability in the aggregate shall be limited to an amount not exceeding the price for the goods or services in question which has been paid for by the Customer.

    3. Where legislation implies into these terms and conditions any warranty which cannot be excluded, the liability of Action Lines Signs and Civil for any breach of such condition or warranty shall be limited, at Action Lines Signs and Civil’s option, to one or more of the following: (a) the supply of equivalent goods or services; or (b) the payment of the cost of replacement of the goods or services or of acquiring the equivalent goods or services.

    4. The Customer releases Action Lines Signs and Civil from and indemnifies and must continue to indemnify Action Lines Signs and Civil against any liability to the Customer or any third party for any incidental, indirect, consequential, special, punitive or exemplary damages whatsoever and for any loss of profit suffered by any person.

    5. Action Lines Signs and Civil does not accept liability for damage whilst moving Customer equipment.

    6. Any signage and/or equipment that is stolen or damaged by a third party at a Customer site is to be replaced by the Customer at Action Lines Signs and Civil’s replacement cost.

18. INSURANCE

    The Customer must have in place a public liability insurance policy in the amount of no less than $20 million with a reputable insurer and must provide Action Lines Signs and Civil with a copy of such policy certificate of currency on request.

19. TERMINATION

    1. If the Customer fails to perform any of its obligations under these Terms and Conditions, Action Lines Signs and Civil may immediately terminate the provision of goods or services by written notice of termination to the Customer.

    2. Action Lines Signs and Civil may terminate its agreement with the Customer by written notice: (a) if the Customer becomes insolvent or unable to pay its debts as they become due; (b) if the Customer discontinues its business or ceases to trade or is otherwise in breach of these Terms and Conditions; (c) if the Customer enters into any type of insolvency administration or makes an assignment of its creditors; (d) if a receiver, manager, liquidator or administrator has been appointed to Customer; (e) if there is a change of control of the Customer; (f) if the Customer dies or becomes incapacitated; or (g) for convenience.

    3. In the event that the agreement with the Customer is terminated pursuant to this clause, any money owing by the Customer to Action Lines Signs and Civil becomes immediately due and payable and any asset of the Customer shall be automatically and immediately charged in favour of Action Lines Signs and Civil with the payment of all monies owed by the Customer to Action Lines Signs and Civil.

    4. If Action Lines Signs and Civil is in possession of any asset owned by the Customer at the time the agreement with the Customer is terminated under clause 8.1 or any event in clause 8.2 occurs, the beneficial interest of the Customer in that asset shall be deemed to be assigned to Action Lines Signs and Civil absolutely and Action Lines Signs and Civil may dispose of that asset in whatever way it sees fit, including selling the asset, and apply the proceeds of sale of that asset against any debt owed to, or claim made by Action Lines Signs and Civil.

20. FORCE MAJEURE

    1. Action Lines Signs and Civil shall not be liable to the Customer for any delay or failure to perform its obligations resulting from circumstances beyond its reasonable control, including but not limited to, war, act of terrorism, riot, insurrection, strike, trade dispute, fire, earthquake, flood, storm, pandemic, government ordered shutdown, economic crisis or other disaster, damage to personnel, material, equipment or other property, or shortage of any materials or labour (each an example of “force majeure”).

    2. Where Action Lines Signs and Civil has incurred costs in the preparation for delivery of its obligations, including time, materials and other services, and where these costs cannot be mitigated upon notification of a cancellation of work or an event, irrespective of the source of this notification, these costs will be paid by the Customer.

21. PRIVACY

    Action Lines Signs and Civil may collect certain data and information from the Customer in the provision of the goods or services to the Customer. The use and collection of such data and information will be pursuant to Action Lines Signs and Civil’s Privacy Policy.

22. MISCELLANEOUS

    1. The Customer shall not transfer, assign or otherwise grant the goods or services provided by Action Lines Signs and Civil to any third party without Action Lines Signs and Civil’s prior written consent.

    2. Any notice required to be given under these Terms and Conditions shall be in writing and delivered by post, email or personal delivery and shall be deemed to have been received: (a) on the date that it was sent if delivered personally or by email; or (b) seven (7) business days after posting if sent by mail.

    3. If any part of these Terms and Conditions are found void and unenforceable, it will not affect the validity of the balance of these Terms and Conditions, which shall remain valid and enforceable according to its terms.

    4. The failure of a party to insist on the performance of an obligation hereunder shall not be deemed to be a waiver of such obligation or of any other obligation.

    5. The laws of Victoria govern these Terms and Conditions.

    6. These Terms and Conditions cannot be varied or amended without the prior written consent of Action Lines Signs and Civil.

    7. Amendments made by hand by the Customer to these Terms and Conditions are not binding and will have no force or effect.

    8. These Terms and Conditions do not exclude those conditions and warranties which are available to the Customer under the Competition and Consumer Act 2010 (Cth).

23. SPECIAL CONDITIONS APPLICABLE TO LINE MARKING

    1. Set out of markings for new work has not been included in the quotation unless expressly noted.

    2. Action Lines Signs and Civil does not warrant adhesion, durability or service life where the substrate is unsuitable, contaminated, deteriorated, damp, unstable or outside the manufacturer's or project specification requirements.

    3. New pavements should be allowed to cure and condition for the period required by the relevant pavement type, project specification and manufacturer before marking is applied. Markings applied earlier at the Customer's direction may not be warranted.

    4. Line marking on concrete is not warranted due to the potential for curing agents or the age of concrete limiting performance. The Customer is required to disclose any and all additives used in the concrete as it may affect the adhesion of the paint.

    5. Action Lines Signs and Civil has assumed that the ground conditions are suitable for all line marking and soft earth installations of signage of the type shown in the quotation. Ground conditions requiring specialist treatments (e.g. rock hammer, coring etc) have not been included in the quotation and will be subject to price on application.

    6. The adhesion of line marking will not be guaranteed due to the possibility of reaction with curing compounds, dirt, loose surfaces etc. It is the responsibility of the Customer to ensure the area to be painted is clean and dry. The quotation only includes minor sweeping/air blower as surface preparation unless otherwise stated in the quotation.

    7. Black mould, tyre rubber, dirt and fruit sugars will affect the life of the line marking paint unless cleaned appropriately. Action Lines Signs and Civil does not warrant the paint applied to unclean surfaces.

    8. There is no implied slip resistance of painted surfaces. It is the responsibility of the Customer to keep the painted area clean and dry after painting.

24. SPECIAL CONDITIONS APPLICABLE TO LINE REMOVAL

    1. Action Lines Signs and Civil cannot guarantee that any damage relating to the eradication of markings can be completely avoided and will not be held liable should such damage occur.

    2. 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 of the control of Action Lines Signs and Civil.

25. SPECIAL CONDITIONS APPLICABLE TO SIGNAGE AND CIVIL

    1. Action Lines Signs and Civil has only made allowance within its quotation for direct buried standard tubular signposts unless quoted otherwise. Frangible or structures are excluded unless specifically quoted.

    2. Action Lines Signs and Civil has quoted on the basis that the blade only signs can be erected onto existing utility posts or signposts.

    3. The Customer must indicate to Action Lines Signs and Civil the fixing substrate, so fittings can be correctly supplied.

    4. Installation and location of safety mirrors and/or bollards are strictly under the instruction of the Customer.

26. SPECIAL CONDITIONS APPLICABLE TO GUARDRAIL AND SAFETY BARRIER WORKS

    1. Guardrail and safety barrier pricing assumes the quantities, alignment, access and ground conditions stated in the quotation.

    2. Unless otherwise stated, no allowance is made for rock, concrete, deep-lift asphalt, concrete-treated base, diamond drilling or other conditions requiring alternative installation methods.

    3. Removal rates for existing safety barriers exclude concrete footing removal unless expressly stated. Where standard extraction methods cannot remove posts within the assumed production rate, additional costs for alternative extraction methods may apply.

    4. The Customer shall provide clear vehicular access and the survey information necessary to establish the required barrier alignment.

    5. Where minimum production quantities are stated in the quotation, inability to achieve those quantities due to circumstances outside the control of Action Lines Signs and Civil may result in additional charges.

27. SPECIAL CONDITIONS APPLICABLE TO BRIDGE EXPANSION JOINTS AND BRIDGE REPAIRS

    1. Bridge expansion joint and bridge repair works are based on the dimensions, drawings, specifications and existing construction details available at quotation.

    2. Action Lines Signs and Civil assumes that the existing structure is sound and suitable to receive the specified system. Unsound concrete, unexpected structural defects, reinforcement, concealed conditions or other defects discovered during the works will be reported and may constitute additional work.

    3. Unless expressly included, additional concrete repairs, reinforcement, formwork, shuttering, concrete supply, pumps, cranes, hoisting, temporary works, access beneath structures, service isolation and other specialist requirements are excluded.

    4. For cast-in expansion joints, reinforcement and associated preparatory works required to facilitate the joint system are to be provided by others unless expressly included.

    5. Additional material consumption resulting from increased dimensions or quantities may be charged at the applicable rates stated in the quotation.

    6. Specialist testing, re-tensioning, verification testing or return visits required after completion are excluded unless expressly included.

28. SPECIAL CONDITIONS APPLICABLE TO CONCRETE REPAIRS AND CRACK INJECTION

    1. Concrete repairs are based on the dimensions and quantities stated in the quotation. Additional repair volumes will be charged at the applicable rates.

    2. Unless otherwise stated, repairs are undertaken using the nominated repair material and in accordance with the manufacturer's recommendations.

    3. Additional work arising from concealed reinforcement, increased repair volumes, formwork, shuttering or other unforeseen conditions may be charged as a variation.

    4. Crack injection works are based on the assumed resin consumption and installation method stated in the quotation. Additional resin or consumables beyond the quoted allowance may be charged at the applicable rates.