Terms & conditions

1. Quotation Basis

All quotations are prepared based on the information provided by the client at the time of quoting. The client is responsible for ensuring that all information supplied is accurate, complete and reflects the actual site conditions, project requirements and scope of works. Unless specifically stated in the quotation, rates do not include traffic control, police attendance, permits, site-specific approvals, testing, as-constructed drawings or other project-specific requirements. Quoted rates assume the use of BlackRoc’s standard equipment, crews and work methods. If site conditions, access limitations or project requirements prevent the use of standard equipment or processes, BlackRoc reserves the right to review and revise the quoted rates.

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2. Working Hours and Site Conditions

Unless otherwise stated, quoted rates are based on standard day shift works between 6:00am and 5:00pm, Monday to Friday.
If works are required outside these hours, or if quantities vary by more than 10% from those stated in the quotation, BlackRoc reserves the right to review and amend the quoted rates.
The client must ensure the work area is clear, accessible and suitable for BlackRoc crews and equipment to operate safely and efficiently. Any delays, obstructions, restricted access or unsuitable site conditions may result in additional charges.

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3. Site Access and Safety

The client must provide safe and suitable access to and from the site at all reasonable times. This includes safe ingress and egress for BlackRoc personnel, plant, equipment and delivery vehicles.
The client is responsible for ensuring the site is a safe workplace and for advising BlackRoc of any known hazards, underground services, site restrictions or conditions that may affect the works.
The client must identify and mark the location of all relevant services, including pipes, drains, pits, manholes, electrical services, communications infrastructure and other obstacles in, under or around the work area.

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4. Inductions and Delays

Quoted rates do not include lengthy site-specific inductions or additional screening requirements unless expressly stated.
Where inductions exceed 15 minutes, or where BlackRoc personnel or equipment are delayed due to client requirements, site access issues or conditions outside BlackRoc’s control, additional charges may apply.
If BlackRoc crews, subcontractors, materials or equipment are delayed, stood down or prevented from proceeding due to site conditions or client-related matters, standby or cancellation charges may apply.

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5. Cancellation

If the client cancels or postpones a programmed shift at short notice, BlackRoc reserves the right to recover reasonable costs incurred, including subcontractor cancellation fees, plant costs, labour costs, materials and other expenses associated with the cancelled works.

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6. Specifications and Quality

BlackRoc will perform the works in accordance with the specifications accepted by BlackRoc and stated in the quotation.
Where no specific project specification is provided, BlackRoc will carry out the works in accordance with applicable industry standards, relevant Australian Standards, local authority requirements or BlackRoc’s standard operating procedures for the type of work being performed.
BlackRoc does not accept responsibility for pavement design unless this has been expressly included in writing.

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7. Materials

Where BlackRoc supplies materials, the client must provide suitable site access, unloading areas and, where applicable, a clean and accessible stockpile area.
If excess materials are ordered, delivered or required to be removed due to client instruction or site changes, the client will be responsible for any additional transport, handling, disposal or associated costs.
BlackRoc may apportion available materials between customers if supply is limited and will not be liable for delays or losses caused by material shortages outside its reasonable control.

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8. Price and Payment

The client must pay the quoted price in accordance with the payment terms stated in the quotation or agreed in writing.
Unless otherwise agreed in writing, payment terms are 30 days end of month.

BlackRoc may adjust quoted prices where:

• Labour, materials, fuel, transport or other input costs change after the quotation date;
• The actual works differ from the quoted scope;
• Site conditions vary from the information provided;
• Additional work, delays or costs arise outside BlackRoc’s control;
• The quotation has expired.

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10. Delivery, Property and Risk

Risk in supplied materials passes to the client when materials are delivered or made available at the site.
Ownership of materials supplied by BlackRoc does not pass to the client until BlackRoc has received full payment for the relevant works and materials.
Where the client or its representative is unavailable to sign a delivery docket, BlackRoc may record the delivery as completed and the materials as received.

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11. Traffic Control and Site Facilities

Unless expressly included in the quotation, the client is responsible for:

• Traffic control and traffic management;
• Police attendance, if required;
• Permits and approvals;
• Site amenities and facilities;
• Removal of surplus or loose aggregate;
• Temporary and final line marking;
• Aftercare signage;
• Any other site-specific requirements not included in the quotation.

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12. Finished Works and Maintenance

Once completed works are opened to traffic or used by others, BlackRoc is not responsible for cleaning, maintenance, contamination, damage or deterioration caused by third parties, traffic, site conditions, weather events or use outside BlackRoc’s control.
Unless specifically included in the quotation, BlackRoc is not responsible for damage to existing pavements, crossings, structures, services, surfaces or utilities associated with the works.

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13. Supporting Structures

BlackRoc performs works on existing or prepared surfaces and supporting structures that may have been designed, constructed or prepared by others.
Unless expressly stated in the quotation, BlackRoc is not liable for defects, failures or performance issues caused by the condition, design, preparation, strength, stability or suitability of the underlying pavement, base, subgrade or supporting structure.

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14. Testing and Documentation

Testing, reporting, certification, as-constructed drawings and other project documentation are not included unless specifically stated in the quotation.
Where additional testing or documentation is requested, extra charges may apply.

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15. Variations

Any change to the scope, timing, quantity, specification, work method, site conditions or project requirements may be treated as a variation.
BlackRoc may revise the price, program or terms to reflect any variation, additional work or additional cost.

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16. Liability

To the fullest extent permitted by law, BlackRoc’s liability is limited to one or more of the following, at BlackRoc’s option:

• Re-supplying the relevant goods or services;
• Repairing defective works;
• Replacing defective materials;
• Paying the reasonable cost of repair, replacement or re-supply.

BlackRoc is not liable for indirect, consequential, special or economic loss, including loss of profit, delay costs, penalties, loss of opportunity or other losses arising from or connected with the works, materials, delays or site conditions.
Any defect claim must be notified to BlackRoc in writing within 10 days of the defect becoming apparent.

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17. Indemnity

The client indemnifies BlackRoc, its employees, contractors, subcontractors and suppliers against any loss, claim, damage, cost, expense or liability arising from:

• The client’s breach of these Terms;
• Incorrect or incomplete information provided by the client;
• Unsafe or unsuitable site conditions;
• Damage to property or services not identified by the client;
• Injury, loss or damage caused by the client, its personnel or third parties;
• Any matter outside BlackRoc’s reasonable control.

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18. Suspension or Termination

BlackRoc may suspend works if site conditions, safety concerns, unpaid amounts, disputes, access restrictions, service conflicts or other issues prevent the works from proceeding safely or efficiently.
If the issue is not resolved within a reasonable time, BlackRoc may terminate the works and recover payment for all works completed, materials supplied, costs incurred and losses arising from the suspension or termination.

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19. Subcontract Agreements

Where the client requires BlackRoc to enter into a subcontract agreement or additional contract terms, all prices remain subject to review and may be adjusted to reflect any additional obligations, risks, insurances, administrative requirements or costs.
These Terms apply unless varied in writing and accepted by BlackRoc.

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20. Disputes

If a dispute arises regarding the works, materials, payment or performance, the parties must act reasonably and attempt to resolve the matter in good faith.
BlackRoc may suspend works while a dispute remains unresolved, without liability for delay or loss arising from the suspension.

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21. Governing Law

These Terms are governed by the laws of the State or Territory in which the works are performed.
The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory.

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22. General

These Terms, together with the quotation, form the basis on which BlackRoc performs the works and supplies materials.
Any client purchase order, acceptance or instruction to proceed is deemed to incorporate these Terms unless BlackRoc expressly agrees otherwise in writing.
If there is any inconsistency between the quotation and these Terms, the quotation will prevail to the extent of the inconsistency.
Any amendment to these Terms must be agreed in writing by BlackRoc.
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.