Terms & Conditions

TERMS AND CONDITIONS

Residential and Commercial Concreting Services

Version 3.4 - June 2026

These Terms and Conditions ("Terms") govern all services provided by Kyle R Gyoles trading as KRG Concreting, ABN 76 993 685 401 ("the Contractor"). By accepting a quotation, paying a booking fee, or otherwise engaging the Contractor, the person or entity named in the quotation ("the Client") agrees to be bound by these Terms. These Terms, together with the accepted quotation and any written variations, form the entire agreement between the parties.

1. DEFINITIONS AND INTERPRETATION

1.1 "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

1.2 "Business Day" means a day other than a Saturday, Sunday or public holiday in New South Wales or Victoria, as applicable.

1.3 "Defect" means a failure to comply with the warranties implied by the Home Building Act 1989 (NSW) or Domestic Building Contracts Act 1995 (Vic), but excludes characteristics within Industry Tolerances.

1.4 "Industry Tolerances" means the tolerances prescribed by AS 3600, AS 2870, AS 3610 and the NSW Guide to Standards and Tolerances.

1.5 "Practical Completion" means the stage at which the Works are complete except for minor omissions or defects that do not prevent use for the intended purpose.

1.6 "Quotation" means the written quotation issued by the Contractor describing the Works and the contract price.

1.7 "Variation" means any change to the scope, specifications, materials, site conditions, access or timing of the Works.

1.8 "Works" means the concreting services described in the Quotation, including site preparation, formwork, reinforcement, concrete placement, finishing, cutting, sealing and ancillary works.

2. CONTRACTOR LICENSING

2.1 The Contractor performs general concreting work, such as slabs, footings, paths, driveways and similar flatwork.

2.2 The Contractor is not a structural engineer, geotechnical engineer, surveyor or building certifier. Engineering design, structural certification, soil testing, survey and council certification are not included unless expressly stated in the Quotation.

2.3 The Contractor does not warrant the suitability of the design, layout, levels or drainage where these are provided or directed by the Client or third parties.

3. STANDARDS AND WORKMANSHIP

3.1 The Works will be performed in accordance with the Building Code of Australia and applicable Australian Standards, including AS 3600, AS 2870, AS 1379 and AS 3610.

3.2 Unless otherwise specified, formed surfaces will comply with AS 3610 Class 4 surface finish tolerance.

3.3 The following are normal characteristics of concrete and do not constitute Defects: hairline cracks less than 0.3mm wide; minor colour variation within or between pours; efflorescence; and variations in aggregate exposure for decorative finishes.

3.4 Sealers are subject to wear, UV exposure and environmental conditions. Periodic resealing may be required and is not a Defect. The Contractor does not warrant sealer performance where incompatible cleaning products or chemicals are applied.

4. PERMITS AND APPROVALS

4.1 The Client is responsible for obtaining all permits, development consents, construction certificates and council approvals required for the Works, including permits for driveway crossovers, works in road reserves and nature strips.

4.2 The Contractor relies upon the Client's confirmation that all necessary approvals have been obtained. The Contractor is not liable for delays, fines, stop-work orders or rectification costs arising from the absence or expiry of required approvals.

4.3 Council fees, inspection charges and bond requirements are additional to the Quotation unless expressly included.

5. QUOTATIONS AND ACCEPTANCE

5.1 Quotations are valid for fourteen (14) days from the date of issue unless otherwise stated. All prices include GST.

5.2 Quotations are based upon the site conditions observed and information provided by the Client at the time of inspection. If actual conditions differ materially, additional costs may apply as a Variation.

5.3 Acceptance occurs upon payment of the Booking Fee, written confirmation or electronic acceptance through the Contractor's quoting system. Electronic acceptance, including a name and signature provided through the Contractor's customer portal, constitutes a binding agreement under the Electronic Transactions Act 1999 (Cth).

5.4 Where the Client provides measurements, final on-site measurements prevail. Area variations exceeding 5% of the quoted area may be charged or credited at the quoted rate per square metre.

6. COOLING-OFF PERIOD

6.1 For Residential Building Work where the contract price exceeds $20,000 (NSW) or $10,000 (Victoria), the Client has a cooling-off period of five (5) clear Business Days from the date of acceptance during which the Client may rescind the contract by written notice.

6.2 If the Client exercises the right to rescind during the cooling-off period, the Contractor may retain $100 plus any out-of-pocket expenses incurred with the Client's prior written approval.

6.3 The cooling-off period does not apply where the Client has received independent legal advice and the legal practitioner has provided a certificate to that effect.

7. PAYMENT TERMS

7.1 Unless otherwise agreed in writing or limited by clause 7.2, payments are due as follows:

(a) Booking Fee: 30% of the contract price, payable on acceptance;

(b) Pre-Pour Payment: 60% of the contract price, payable prior to concrete placement;

(c) Completion Payment: 10% of the contract price, payable on Practical Completion.

7.2 Where the Works are Residential Building Work and a law prescribes a maximum deposit, the Booking Fee will not exceed that statutory maximum: in New South Wales, 10% of the contract price where the price exceeds $20,000 (Home Building Act 1989 (NSW)); in Victoria, 10% where the price is under $20,000 or 5% where the price is $20,000 or more (Domestic Building Contracts Act 1995 (Vic)). Where a statutory limit applies, the reduction in the Booking Fee is added to the Pre-Pour payment, and the contract price is unchanged.

7.3 The Booking Fee secures the Client's position in the Contractor's schedule and covers preliminary works including site assessment, materials ordering, supplier coordination and scheduling. This fee is non-refundable if the Client cancels after the cooling-off period, except to the extent required by law.

7.4 Work will not proceed until required payments have been received and cleared.

7.5 Payment may be made by electronic funds transfer, credit or debit card, or cash. Card payments are processed by the Contractor's third-party payment provider. All amounts are in Australian dollars.

7.6 Overdue amounts may incur interest at the rate of 10% per annum, calculated daily on the outstanding balance, together with reasonable costs of recovery.

8. VARIATIONS

8.1 Any alteration to the scope, materials, specifications, site conditions or access arrangements constitutes a Variation.

8.2 Variations with an estimated cost of less than $500 may proceed with verbal approval. The Contractor will confirm such variations in writing within two (2) Business Days.

8.3 Variations with an estimated cost of $500 or more require the Client's written approval before work proceeds. The Contractor will provide a written notice specifying the nature of the variation, the estimated cost and any impact on timing.

8.4 Unforeseen site conditions, including rock, contaminated material, undisclosed services or inadequate ground, will be treated as a Variation. The cost of any specialised excavation equipment (such as rock hammers or rock breakers) required as a result, and the cost of engaging a licensed removalist for hazardous materials such as asbestos discovered on Site, are billable to the Client as an immediate Variation.

8.5 Variations are charged at current rates for labour, materials and equipment, plus an administration fee of $50.

9. CONCRETE SUPPLY

9.1 Concrete is supplied by third-party batching plants to the specification in the Quotation. The Contractor is not responsible for batching variations, aggregate appearance, admixture performance, slump variations or supplier delays.

9.2 The Contractor may reject concrete loads that do not meet specification or are unsuitable due to weather conditions. The Client is responsible for the cost of a rejected load and its replacement only where the rejection results from the Client's delay, restricted site access, or the Client's instructions. The Contractor bears the cost of loads rejected due to supplier fault.

9.3 Concrete pump hire, where required due to access constraints, is additional to the Quotation unless expressly included.

10. REINFORCEMENT

10.1 Reinforcement is supplied and installed as specified in the Quotation.

10.2 Where glass fibre reinforced polymer (GFRP) is specified, the Client acknowledges that GFRP has different load transfer characteristics to steel and is selected for its non-corrosive properties.

11. WEATHER AND ENVIRONMENTAL CONDITIONS

11.1 Concrete placement and finishing are affected by temperature, wind, humidity and rainfall. The Contractor may postpone works due to adverse weather conditions without liability.

11.2 Where works proceed in marginal conditions at the Client's request, or where weather changes unexpectedly during placement, the Client acknowledges that surface finish, colour consistency and curing performance may be affected. Such variations do not constitute Defects.

12. CURING

12.1 Proper curing is essential to the performance and durability of concrete. The Client must water the concrete at least twice daily for a minimum of seven (7) consecutive days, and more frequently in hot or windy conditions.

12.2 No foot traffic is permitted for 24 hours. No vehicle traffic is permitted for seven (7) days, or longer for heavy vehicles.

12.3 Chemicals, salt, fertiliser and cleaning products must not be applied to new concrete for at least 28 days.

12.4 The Client is responsible for curing in accordance with this clause. The Contractor may request photographic or video evidence of curing compliance when assessing a warranty claim. To the extent permitted by law, damage arising from inadequate curing is not covered (see clause 16.3); nothing in this clause limits the statutory warranties or consumer guarantees that cannot be excluded by law.

13. SITE ACCESS AND CONDITIONS

13.1 The Client must provide clear, safe and unobstructed access for workers, equipment and concrete trucks at the agreed times.

13.2 The Site must be free of obstructions, pets, children and unauthorised persons during the Works.

13.3 The Client must disclose the location of all underground services, including water, gas, electrical, telecommunications and sewer lines. The Contractor is not liable for damage to undisclosed services.

13.4 Concrete trucks, pumps and excavation equipment are heavy vehicles. The Contractor is not liable for damage to existing driveways, paths, lawns, irrigation or underground services caused by necessary construction access.

14. CLIENT RESPONSIBILITIES

14.1 The Client must not give instructions to suppliers, concrete pump operators, batching plants or workers without the Contractor's approval.

14.2 If the Client attends the Site during the Works and raises no concern at that time, the condition of the Works is deemed accepted, subject to statutory warranty rights.

15. SUBCONTRACTORS

15.1 The Contractor may engage subcontractors to perform part of the Works. The Contractor remains responsible for coordination and quality of work performed by its subcontractors.

15.2 Where trades or contractors are engaged directly by the Client, the Contractor is not responsible for their work, delays or defects, or for integrating their work with the Works.

16. STATUTORY WARRANTIES

16.1 For Residential Building Work, the following warranties are implied by law and cannot be excluded:

(a) work will be performed with due care and skill;

(b) materials will be suitable for the purpose and new unless otherwise stated;

(c) work will comply with the plans, specifications and all applicable laws;

(d) work will be completed within the agreed time or a reasonable time.

16.2 Warranty periods for Residential Building Work are: NSW six (6) years for major defects and two (2) years for other defects; Victoria as prescribed by the Domestic Building Contracts Act 1995 (Vic).

16.3 Statutory warranties do not cover damage caused by misuse, overloading, premature traffic, inadequate curing, ground movement, tree roots, weather events, third party interference, or failure to maintain sealers and drainage.

17. CONSUMER GUARANTEES

17.1 Services supplied under this agreement come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, the Client is entitled to cancel the contract and obtain a refund for any unconsumed portion, or to compensation for the reduced value of the services. For minor failures, the Client is entitled to have problems rectified in a reasonable time.

18. INSURANCE

18.1 The Contractor maintains public liability insurance of not less than $10,000,000, and can provide a certificate of currency on request.

18.2 The Contractor maintains workers compensation insurance for all employees and pays superannuation in accordance with applicable legislation and awards.

18.3 For Residential Building Work exceeding $20,000 in NSW, the Contractor will obtain Home Building Compensation cover and provide the certificate to the Client before commencing work or receiving any payment.

18.4 For domestic building work exceeding $16,000 in Victoria, the Contractor will obtain domestic building insurance and provide the certificate within seven (7) days of issue.

19. LIMITATION OF LIABILITY

19.1 To the maximum extent permitted by law, the Contractor excludes liability for indirect, consequential or economic loss, including loss of profit, loss of use and business interruption.

19.2 Where liability cannot be excluded, it is limited to the re-supply of the services or the cost of having the services re-supplied.

19.3 Nothing in these Terms excludes or limits statutory warranties or consumer guarantees that cannot be excluded by law.

20. TERMINATION

20.1 The Contractor may suspend or terminate this agreement for: non-payment after seven (7) days written notice; unsafe site conditions; material breach by the Client; or conduct that endangers the Contractor or its workers.

20.2 If the Client cancels after the cooling-off period, the Client must pay for work completed, materials ordered and reasonable administrative costs not exceeding 15% of the value of work not performed.

21. DISPUTE RESOLUTION

21.1 Any dispute must first be raised in writing. The parties will attempt to resolve disputes in good faith within fourteen (14) days.

21.2 For Residential Building Work in NSW, unresolved disputes may be referred to Building Commission NSW and subsequently to the NSW Civil and Administrative Tribunal.

21.3 For domestic building work in Victoria, unresolved disputes must be referred to Domestic Building Dispute Resolution Victoria for conciliation before application to the Victorian Civil and Administrative Tribunal.

21.4 Arbitration clauses are void for residential building contracts in NSW pursuant to section 7C of the Home Building Act 1989 (NSW).

22. PRIVACY

22.1 The Contractor collects personal information necessary to perform the Works in accordance with the Privacy Act 1988 (Cth).

22.2 Project photographs and records may be retained for warranty, insurance and legal purposes. The Client consents to use of non-identifying project photographs for portfolio and marketing purposes unless the Client advises otherwise in writing.

23. ELECTRONIC COMMUNICATIONS

23.1 The Client consents to receiving quotations, invoices, statements, payment reminders, notices and other communications electronically, by email or SMS to the contact details provided.

23.2 Communications sent to the email address or mobile number provided are deemed to have been received by the Client. The Client must keep these details current and notify the Contractor of any change.

23.3 The Contractor may send account and service messages by SMS. Marketing messages may be opted out of at any time by replying STOP; account and transactional messages necessary to perform the Works will continue.

23.4 The Contractor's quoting system and customer portal allow the Client to view, accept, sign and pay for the Works electronically, as contemplated by clause 5.3.

24. GENERAL PROVISIONS

24.1 These Terms are governed by the laws of New South Wales. Where Works are performed in Victoria, applicable Victorian statutory protections also apply.

24.2 If any provision of these Terms is void, unenforceable or illegal, it is severed and the remaining provisions continue in full force.

24.3 A failure to enforce any provision is not a waiver of that provision.

24.4 These Terms, together with the Quotation and any written Variations, constitute the entire agreement between the parties and supersede all prior representations.

25. ACCEPTANCE

25.1 Payment of the Booking Fee, electronic acceptance or written confirmation constitutes acceptance of the Quotation and these Terms.

25.2 The Client acknowledges having the opportunity to read and understand these Terms, including the provisions relating to cooling-off rights, statutory warranties and payment obligations.

Kyle R Gyoles trading as KRG Concreting. ABN 76 993 685 401. Phone 0423 005 129. Email kyle@krgconcreting.au. Website www.krgconcreting.au.