Terms and conditions of use
2. Found Concrete and its contents are subject to copyright which is owned by a member of Found Concrete or a third party. Found Concrete does not grant you any intellectual property rights in Found Concrete’s interface or contents. You must not (a) use any trademark displayed on Found Concrete; (b) frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Found Concrete or any member of Found Concrete; or (c) use any meta tags or any other “hidden text” utilising any Found Concrete member’s name or trademarks.
3. We do not warrant the accuracy or completeness of any information you derive from Found Concrete and we exclude liability for loss or damage arising from any errors or omissions in Found Concrete or your use of Found Concrete (including any interference with or damage to your computer system, iPhone, iPad, Android device or other electronic device). If any liability is not able to be excluded by law, we limit our liability to the re of the relevant information or services.
4. You will need to register for a free account to use Found Concrete and may be required to log in to your account. You are responsible for maintaining the confidentiality of your login information and for restricting access to your account, and you agree to take responsibility for all activities that occur under your Found Concrete account.
5. When you use Found Concrete, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
6. You release each member of Found Concrete and its affiliates to the fullest extent permitted by law from any and all claims arising out of or related to the use of Found Concrete (or inability to use Found Concrete), or of any material or information made available through Found Concrete.
7. We reserve the right to change any information on this website at any time including, but not limited to, prices.
8. Found Concrete may contain links to external Internet websites. Found Concrete does not sponsor, guarantee or approve of any material or representations in those websites. Nor do we warrant that material on linked sites is free of any computer virus, defects or infringements.
9. Links to individual graphics or to areas that are considered "security areas" that bypass any security protection or password protection that Found Concrete establishes are expressly prohibited. If you wish to use a graphic to link to this site please contact us.
10. You must only use Found Concrete, and you must only display, copy, distribute, download and print portions of Found Concrete for your own personal use. You must not attempt to change, reproduce, add to, remove, hack or interfere with Found Concrete or its material. You must use Found Concrete in compliance with all applicable laws.
11. You may not modify, reverse engineer, decompile or disassemble Found Concrete in whole or in part, or create any derivative works from or sublicense any rights in Found Concrete. Found Concrete may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Found Concrete .
12. We cannot guarantee any file, data or program available for download from Found Concrete (or any linked website) is free of viruses and you assume the risk of any damage to your computer, iPhone, iPad, Android or other electronic device as a result of using Found Concrete. Found Concrete may be inaccessible from time to time due to events outside Found Concrete ’s control or maintenance requirements.
15. We may update Found Concrete from time to time. We may automatically install updates to Found Concrete, or prompt you to install the updates.
16. We may modify, suspend or discontinue Found Concrete, in whole or in part, at any time without notice.
17. Your rights under this agreement, including any licences granted by Found Concrete , will automatically terminate without notice from us if you fail to comply with its terms. In case of such termination, you must cease all use of Found Concrete, and we may immediately revoke your access to Found Concrete without notice to you. Our failure to insist upon or enforce your strict compliance with this agreement will not constitute a waiver of any of our rights. We may amend any of this agreement's terms at our sole discretion by notice to you. Your continued use of Found Concrete after the effective date of the revised agreement terms constitutes your acceptance of the terms.
18. These conditions are governed by laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.
Conditions of quotation and supply
1. DEFINITIONS AND INTERPRETATION
“Found Concrete Service Fees” means the Company’s schedule of additional service fees applicable from time to time, which may be attached to this quotation or provided on request. “AS1379-2007” means S.A.A. “Specification and of Concrete” AS 1379- 2007 as amended from time to time. “Australian Consumer Law” means Schedules 1 and 2 of the Competition and Consumer Act 2010 (Cth) and any other relevant provisions contained in that Act. “Client” means the customer named on the quotation, and if no customer is named or the Goods & Work are supplied on the basis of a standard price list, the customer to whom the Goods & Work is supplied. “Company” means Found Concrete Pty Ltd. ACN 620 531 820 as identified on the face of this quotation. “Conditions” means these conditions of quotation and any additional matters prescribed on the face of this quotation. “Consequential Loss” means loss of revenue, loss of profits, loss of anticipated savings or business, loss of data, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss and any form of consequential, special, indirect, punitive or exemplary loss or damages, however it arises (including as a result of negligence). “Consumer” has the meaning in the Australian Consumer Law. “includes” or “including” means includes or including without limitation. “Intellectual Property” all registered and unregistered rights in relation to present and future copyright, trademarks, designs, know-how, patents, confidential information, moral rights and all other intellectual property as defined in article 2 of the Convention establishing the World Intellectual Property Organisation 1967. “Goods & Work” means the materials or the materials and services supplied or to be supplied as described on the face of this quotation. “Loss” means any liability, however it arises (including as a result of negligence) and includes any loss, claim, damage, demand, injury or death and a fine or penalty imposed by a statutory or other authority. “Rates” means the unit rate shown on the face of this quotation, or used to calculate the prices in the quotation, or otherwise notified by the Company to the Client (including in any applicable price list). “Site” means the location for supply / performance of the Goods & Work specified on the face of this quotation or otherwise agreed by the Company.
Except to the extent otherwise explicitly agreed in writing between the parties, these Conditions (and the credit application completed by the Client together with any credit guarantees) govern the entire relationship between the Company and the Client in connection with the Goods & Work and will prevail over any other document (including purchase order terms or procurement terms provided by the Client or terms on the back of delivery dockets to the extent inconsistent with these Conditions) from time to time. To the extent of any inconsistency between the credit application, credit guarantees and these Conditions, these Conditions prevail. The Client acknowledges that it has not relied on any representation, inducement, warranty or promise which is not set out below. The Conditions may only be varied by both parties' agreement in writing.
This quotation is an offer open to acceptance by the Client within 30 days from the date on the quotation and any such acceptance must be on the basis that supply / performance of the Goods & Work is started within 3 months of the date of the quotation. The offer is made subject to the Client meeting Found Concrete credit approval requirements. The Client’s written order to commence the supply / performance of the Goods & Work or such commencement by the Company constitutes acceptance of the offer.
4. POINT OF SUPPLY
This quotation is based on all materials being available from the Company’s normal point of supply with respect to the locations of the supply / performance of the Goods & Work (as determined by the Company) or as otherwise specified in these Conditions. Should conditions beyond control of the Company necessitate supply from any other point of supply any resultant increase in cost will be paid for by the Client.
5. EXTENT OF GOODS & WORK
This quotation is based on supply / performance of all of the Goods & Work at the Site. Should the quantities supplied or location of the Site vary from the quotation the Company reserves the right to adjust the Rate. The Client also acknowledges that the concrete included in the Goods & Work shall generally be supplied in accordance with the relevant sections of AS 1379-2007, unless otherwise stated on the face of this quotation. The Company is not obliged to carry out any variation which is outside the scope of Goods & Work. Any variation that the Company does carry out shall be subject to these Conditions and shall be charged to and paid for by the Client at an agreed rate or, failing agreement, at the rate reasonably determined by the Company.
6. BASIS OF PAYMENT
The Goods & Work will be paid for by the Client at the Rates according to the actual quantities supplied as shown on the delivery docket, subject to these Conditions and any minimum order quantities specified. The Client acknowledges that, unless otherwise specifically stated on the face of this quotation or applicable delivery docket, the Rates are subject to the additional service fees set out in the Found Concrete Service Fees. The Client acknowledges that the Goods & Works will be paid for in full without any retention or set-off.
7. LIMITATION OF LIABILITY AND INDEMNITY
If the Client is not a Consumer, the Company shall not be liable in any circumstances: (a) for any damage to any property; (b) for any defects in the Goods & Work unless the Client notifies the Company within 14 days of the date of delivery of the materials or the supply of the services specifying the defect, which notice shall be a condition precedent to any right to recover by the Client – where notice is not provided in strict compliance, all Claims will be absolutely barred; (c) for any Loss arising in connection with delay; (d) for any Consequential Loss, (e) for any defect which may develop in any concrete supplied if: i) water is added to concrete either before or after discharge from the delivery unit without the approval of the Company’s representative; ii) an admixture is used at the purchaser’s request or specification; or iii) discharge from the agitator occurs more than 90 minutes from the time ex-plant; (f) for any Loss arising from materials supplied by the Company being placed or installed by others, and, subject to clause 8, the Company’s total aggregate liability in all circumstances is limited (to the extent not prohibited by law) to the amount paid by the Client for the Goods & Work. However, the limitations and exclusions in this clause 7 do not apply to the extent that the Loss is caused by (i) personal injury or death caused by the Company’s negligence or breach of these Conditions; or (ii) fraud by, or wilful default of, the Company. To the maximum extent permitted by law, the Client hereby indemnifies and forever holds harmless the Company from all Losses caused or contributed to by any negligent act or omission, wilful default, fraud or any breach of these Conditions by the Client, its employees, agents or contractors; or by the Company arising from supplying or performing the Goods & Works in accordance with these Conditions.
8. LIMITATION OF LIABILITY- AUSTRALIAN CONSUMER LAW GUARANTEES
Unless the Client indicates otherwise below, the Client acknowledges that the Goods & Work it will acquire from the Company will be obtained for either the purpose of re-supply (in an altered form or condition or to be incorporated into other goods) or for the purpose of using them up or transforming them in trade or commerce in the course of a process of production or manufacture or in the course of repairing or treating other goods or fixtures on land. ☐ By ticking this box and providing a copy of these Conditions to the Company, the Client notifies the Company that it is acquiring the Goods for a purpose other than that stated immediately above, in which event the provisions below may apply. If the Client is a Consumer and any of the Goods supplied by the Company are not goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the Client agrees that the Company’s liability for a failure to comply with a consumer guarantee under the Australian Consumer Law in relation to those Goods (other than a guarantee under sections 51(title), 52(undisturbed possession) and 53(undisclosed securities)) of the Australian Consumer Law, is limited to, at the option of the Company, one or more of the following: i) the replacement of the Goods or the supply of equivalent goods; ii) the repair of the Goods; iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or iv) the payment of the cost of having the Goods repaired. If the Client is a Consumer and any of the Work services supplied by the Company are not services of a kind ordinarily acquired for personal, domestic or household use or consumption, the Company’s liability for a failure to comply with a consumer guarantee under the Australian Consumer Law in relation to those Work services is limited to, at the option of the Company: v) the supply of the Work services again; or vi) the payment of the cost of having the Work services supplied again.
9. SITE ACCESS
The Company will deliver and the Client will receive the Goods & Work at the kerb alignment in a timely manner. Entry upon the Site remains at the sole discretion of the Company. If, at the Client’s request the Company agrees to enter upon the Site for the supply / performance of the Goods & work, the Client will be responsible for providing adequate, and timely access to the Site for the Company’s material, personnel and equipment and the Client will indemnify the Company for all Loss (including delay and establishment costs) incurred by the Company as a result of failure to provide such access or arising out of or in connection with such entry upon the Site. Where the Company leaves equipment on the Site in connection with the supply / performance of the Goods & Works, the Client shall take all reasonable precautions to secure the Site to prevent loss or damage to the equipment or any injury to persons entering upon the Site.
The Company will use reasonable endeavours to supply/execute Goods & Work in accordance with the Client’s schedule. However, should supply / execution of the Goods & Works be early or delayed for any reason beyond the control of the Company or as a result of any cause which the Client is or should reasonably have been aware of all Loss arising will the Client’s responsibility and the Client shall indemnify the Company in respect of such Loss. Prior to discharge from the delivery vehicle the Client (or any third party identified by the Client to receive / collect the Goods & Work) shall check that the description and quantity on the delivery docket conforms with its requirements, and the Client (or the relevant third party, on the Client’s behalf) must record any discrepancies (including discrepancies in quantity, specification, discharge records, or that the addition of water or other substance was done other than at the Customer’s request) in writing on the delivery docket. Failure to make such notations on the copy of the docket retained by the Company is deemed to be conclusive evidence that the delivery docket is accurate, the Client accepts the Goods and Work, and that any substance added was done at the Client’s request.
11. SITE VISITS & HOURS
Unless otherwise stated on the face of this quotation, this quotation is based on (a) the whole of the Goods & Work being available for completion at one Site visit; (b) the whole of the supply / performance of the Goods & Work being conducted during normal hours. Should it be necessary to supply / perform the Goods & Works or any necessary establishment work on a Saturday, Sunday or public holiday, then additional fees will apply which will be calculated in accordance with the variations clause. The Company’s normal hours of business for loading are listed in the Found Concrete Service Fees.
The Company is not obliged to carry out any variation outside the scope of the Goods & Works. Any variation that the Company does carry out is subject to these Conditions and will be charged to and paid for by the Client at an agreed rate or failing agreement at the rate reasonably determined by the Company.
13. TAX INVOICES
The Client agrees to pay the amount shown on invoices issued by the Company.
14. TERMS OF PAYMENT
The Client must pay for the Goods & Work in immediately available funds prior to the discharge of the concrete unless the Company agrees otherwise in writing.
15. TAXES & OTHER CHARGES
(a) The Rates quoted do not include any statutory or Government charges. Should any such charges or any other tax become applicable to the Goods & Work such tax or charge shall be charged to and paid for by the Client in addition to the price otherwise payable under this quotation.
(b) Notwithstanding anything else in these Conditions, if the Company has any liability to pay the Goods and Services Tax (“GST”) on any materials and / or services supplied herein to the Client, the Client shall pay to the Company the amount of such GST at the same time as amounts otherwise payable to the Company.
(c) If the introduction of a regime relating to the emission, removal, mitigation, reduction, avoidance or sequestration of greenhouse gases (Carbon Scheme) results in any additional financial burden to the Company arising from the manufacture or supply the Goods & Work, the Company may increase Rates to recover the reasonable net costs incurred arising from such Carbon Scheme.
16. FORCE MAJEURE
The Company shall not be liable in any way for any delay in the supply / performance of Goods & Works where such delay occurs by reason of any cause whatsoever beyond the reasonable control of the Company, including restrictions of Government or other statutory authorities, fires, failure or fluctuation in any electrical power supply, storm, flood, accident, labour dispute, plant breakdown, materials or labour shortage, the change or introduction of any law or regulation or an act or omission of any supplier or other third party or any failure of any equipment owned or operated by them.
17. TERMINATION FOR CONVENIENCE
Notwithstanding anything else contained in these Conditions and without prejudice to any of the Company’s other rights under these Conditions, the Company may terminate these Conditions in its absolute discretion, for any reason whatsoever, upon five (5) days written notice to the Client. Upon termination pursuant to this clause, the Client must pay the Company for the Goods and Work delivered by the Company up to the date the termination takes effect. The Company will not be liable to the Client for any Loss arising out of any termination in accordance with this clause.
The Company will, at Client’s request, use reasonable endeavours to arrange testing priced in accordance with the Found Concrete Service Fees. Testing not regulated by the Found Concrete Service Fees will be charged at cost plus 10%. Any testing conducted or arranged by the Client will be by sampling at the discharge chute performed in accordance with AS 1012 and carried out by a NATA accredited laboratory. The Client will provide the Company with copies of any such third party testing conducted.
19. INFORMATION & IP
(a) The Client acknowledges and agrees that: i) the Client must provide all relevant information (including all specifications relating to the Goods & Works, details relating to the Site, and other matters that may affect the Company’s ability to complete the Goods & Works) to the Company to enable the Company to supply / perform the Goods & Works; and ii) the Company in giving this quotation has relied upon the accuracy and completeness of such information. The Client hereby warrants to the Company the accuracy and completeness of all information supplied.
(b) If the Company has provided the Client with any information (including any design services or other advice) in connection with the Goods & Works, the Client acknowledges that it has formed its own opinion as to the correctness or otherwise of the information and has not and will not rely on the Company in respect of such information.
(c) All Intellectual Property of the Company, including any developed during the course of supply / performance of the Goods & Work, shall remain the sole property of the Company and no license, right or other interest of any kind in respect of such Intellectual Property is granted, created or transferred to the Client.
(a) All risk in relation to the Goods & Work will pass to the Client (i) (if delivered) upon unloading / discharge at the Site or any temporary stockpiles, or (ii) (if sold ex-bin or ex-depot) when the Goods & Work is loaded on the Client’s (or their employees, agent’s or contractor’s) vehicle.
(b) Property in the Goods & Work shall not pass to the Client until the Company has been paid in full.
(c) The retention of title arrangement described in this clause 19 constitutes the grant of a purchase money security interest or other security interest by the Client in favour of the Company in respect of all present and after-acquired property (including the Goods & Work) supplied by the Company to the Client. The Client must immediately do anything reasonably required by the Company (including signing documents) to ensure that this purchase money security interest is a perfected and first-ranking security interest. To the extent permitted by law, the Client waives its rights and entitlements to any verification statement or other notice or communication that may be necessary, required or desirable under the Personal Property Securities Act 2009 (“PPSA”) (including under sections 95, 118, 121, 130, 132, 135, 142 or 143). The terms “purchase money security interest”, “perfected security interest” and “verification statement” have the meanings given to those terms in the PPSA.
(a) The Client is responsible for ensuring safe and adequate access to the Site for delivery and all other aspects of Site safety.
(b) The Client shall notify the Company prior to delivery, of any obstacles or peculiarities in relation to the Site including whether there are overhead power lines or if the Site or its approach has a gradient greater than 8% or surfaces which are non-trafficable.
(c) The driver making any delivery may refuse to complete the delivery, if not satisfied with the Client’s compliance with (a) and (b) above, however, making a delivery shall not constitute an assessment of the safety of the Site and in no way relieves the Client of its obligations herein.
(d) If the Client collects the Goods & Work from the Company’s site, the Client is responsible for ensuring that it (and its employees, agents and contractors) comply with all applicable laws, site policies / procedures and all reasonable directions given by or on behalf of the Company whilst on or in the vicinity of the Company’s site.
(e) The Client acknowledges that freshly mixed cement, mortar, concrete or grout may cause skin irritancy. The Client shall ensure that all personnel involved in the Goods & Work avoid contact with exposed skin areas and eyes and wear appropriate protection such as impervious clothing, safety goggles and gloves. The following are general guidelines relating to exposure, and should not be treated as exhaustive. The Client acknowledges that it has appraised itself of these risks and that it will take appropriate safety precautions and training of its personnel. Should exposure occur, immediately rinse eyes and wash affected skin areas with clean fresh running water for 10 minutes. Seek medical advice if symptoms persist. Avoid breathing dust generated from drilling, sawing or chasing hardened concrete or quarry products as it may contain crystalline silica. Wear appropriate protective clothing, gloves, safety goggles and particulate respirator. Should exposure occur immediately rinse eyes with fresh clean running water for a minimum of 10 minutes. If dust is inhaled, immediately remove to fresh air. Seek medical advice should inhalation occur or if symptoms persist. Contact Found for more information and a Material Safety Data Sheet or to view go to www.boral.com.au/product_index/material_safety_data_sheets.asp
(Severance) Any provision of these Conditions which is unenforceable or partly unenforceable is to be read down so as to be enforceable, and if it cannot be read down, severed to the extent necessary to make these Conditions enforceable, unless this would materially change the intended effect of these Conditions.
(Waiver) A right may only be waived in writing, signed by the party giving the waiver, and no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.
(No Implied terms) The Client may have the benefit of certain statutory guarantees relating to the Goods & Work services pursuant to the Competition and Consumer Act 2010 (Cth). Otherwise, to the maximum extent permitted by law, all terms, conditions or warranties that would be implied into these Conditions or in connection with the supply of the Goods & Work by law, statute, custom or international convention (including those relating to quality or fitness for purpose) are excluded.
(Governing law) These Conditions are governed by the laws of the State or Territory in which the Goods & Work is supplied / performed. If Goods & Work are supplied / performed outside Australia, the Conditions are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts.
(Insurance) The Client must take out and maintain those policies of insurance that would be held by a reasonably prudent customer in the position of the Client.
(No Adverse Interpretation) These Conditions are not to be interpreted against the interests of a party merely because that party proposed this document or some provision in it or because that party relies on a provision of these Conditions to protect itself.
(Limitation on indemnity) The Client will not be liable pursuant to any indemnity under these Conditions to the extent the relevant Loss arises from the negligence or wilful default of the Company.
‘Concrete Cash’ is credit issued to your Found Concrete account.
Redemption. Concrete Cash may only be redeemed via the Found App or Website for orders of concrete. Once awarded, Concrete Cash will appear on your order and profile page. You are responsible for ensuring that it is applied to your total prior to submitting your order.
Reward expiry. Concrete Cash must be used within six (6) months from the date it is issued, or earlier if specified. Concrete Cash has no cash value and may not be transferred to another person or exchanged for cash.
Maximum balance. The maximum Concrete Cash balance is capped at $20,000.
Concrete Cash balance. If for any reason you believe there is a discrepancy regarding your concrete cash balance, please contact Found (at email@example.com). Found may require you to submit additional information in order to make a determination regarding their balance. All decisions regarding balances will be final and at the Found’s sole discretion.
Tax. You are responsible for tax consequences if any, that may result from redemption or use of Concrete Cash.
Key limitations. We reserve the right to any remedy, including cancellation of accounts or bookings, if fraud, tampering, violations of these or other terms, or technical errors are suspected. Void where prohibited. If any bookings later qualify for a refund, the maximum refund you may receive is the amount you actually paid.
Merging balances. Concrete cash accrued in separate accounts may not be combined into one account or profile.
Changes to Terms. Found reserves the right to change, amend, nullify or void any clause in respect to Concrete Cash, without notice and at its sole discretion.
Effective 1 August 2021 - all prices are subject to change without notice.
Quote conditions and Conditions of Quotation & Supply apply in addition to the above.