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Terms & Conditions


Dolphin Line Marking Terms & Conditions

  1. Introduction

    1. At Dolphin Line marking Pty Ltd we pride ourselves on being a trusted provider of professional line marking solutions, delivering precision, quality, and reliability to meet the diverse needs of our clients. With a commitment to excellence and adherence to industry standards, we aim to provide tailored services that enhance safety, functionality, and aesthetic appeal across a wide range of applications.
    2. These Terms and Conditions are designed to establish a clear and professional framework governing the provision of our services. They outline the rights, responsibilities, and obligations of both Dolphin Line marking Pty Ltd and our valued clients, ensuring transparency and mutual understanding. By engaging our services, you acknowledge and agree to be bound by these terms, which serve to promote a seamless and efficient working relationship while safeguarding the interests of all parties involved.

  2. Definitions

    1. DLM: For the purposes of this agreement, 'DLM' refers to Dolphin Line Marking Pty Ltd.
    2. The Client: For the purposes of this agreement, 'the Client' refers to those engaging DLM for services.
    3. Adhesion: The ability of line marking materials to bond to the surface, influenced by surface preparation, contaminants, and environmental factors.
    4. Curing Time: The period required for line marking materials to fully dry and harden, during which traffic and environmental exposure must be minimised.
    5. Delamination: The separation or peeling of line marking materials from the substrate due to inadequate adhesion, surface defects, or environmental factors.
    6. Substrate: The surface on which line marking materials are applied, including asphalt, concrete, or other materials requiring preparation.
    7. Sealant Compatibility: The ability of line marking materials to adhere to surfaces treated with protective coatings, sealants, or previous markings without adverse reactions.
    8. Traffic Control: Measures taken to manage vehicle and pedestrian flow during line marking works, ensuring safety and compliance with local regulations.
    9. Thermoplastic Markings: Durable line markings made from a heated plastic compound, applied in a molten state, and used for high-traffic areas.
    10. Precision Limitations: Constraints on achieving sharp lines or uniform coverage due to surface texture, undulations, or irregularities in the substrate.
    11. AS 1742.2: The Australian Standard specifying guidelines for traffic control devices, including line marking designs, symbols, and applications.
    12. AS 2890: The Australian Standard governing parking facilities, specifying dimensions, markings, and layouts for compliance and functionality.
    13. Force Majeure: Unforeseeable events or conditions beyond the control of the Company, such as severe weather, that delay or prevent the completion of work.
    14. Surface Contamination: Presence of substances such as oil, fuel, or dust on a substrate that hinders paint adhesion or compromises line marking quality.
    15. OSSB: Onsite standby rate of $300 per person per hour plus GST.

  3. Acceptance of Terms

    1. Application of Terms and Conditions: These Terms and Conditions apply to all work performed by DLM upon acceptance of a quote. Acceptance is confirmed through the provision of an accepted quotation, or acceptance email. Work will not commence until such confirmation has been received by the company.
    2. Validity of Quotations: Any quotation issued by DLM (ABN 41 626 000 280) is valid for a period of thirty (30) calendar days from the date of issuance, unless otherwise specified in writing. After the expiry of this period, the quotation may be subject to review and amendment at the sole discretion of the company. Any changes to the quotation will be communicated to the client in writing prior to acceptance.

  4. Scope of Services

    1. Compliance with Client Instructions and Industry Standards: DLM undertakes all quoting, layout, and marking services in accordance with the plans, drawings, and instructions provided by the Client and/or their authorised on-site representatives, whether such instructions are verbal or written. We endeavour, to the best of our abilities, to adhere to applicable standards, including but not limited to AS 1742.2 - Manual of Uniform Traffic Control Devices (MUTCD) and AS 2890 - Parking Facilities. However, the Client acknowledges and accepts that any liability arising from the accuracy, suitability, or compliance of any plans, paintings, markings, measures, or information provided is the responsibility of the Client and must be mitigated by them. The Client assumes full responsibility for ensuring the accuracy and completeness of all instructions and documentation supplied to the Company.
    2. Degraded or Defective Substrates: Line marking performance is directly dependent on the condition of the substrate. Surfaces with excessive cracking, delamination, or spalling will negatively impact adhesion and durability. If DLM identifies such conditions during the work, services may be paused until the substrate is remediated to an acceptable standard. Alternatively if the client advises to continue work, all warranties will be voided. Costs associated with delays or site return visits will be borne by the client.
    3. Precision Limitations on Challenging Surfaces: Uneven or highly textured substrates, such as rough asphalt, aggregate surfaces, or undulating concrete, may limit the precision of line widths, edge sharpness, or uniform paint coverage. While DLM utilises specialised application equipment, such conditions may result in slight aesthetic variations. These are inherent to the substrate and do not constitute defects.
    4. Environmental Practices: DLM adheres to all applicable environmental laws and regulations in NSW, including the Protection of the Environment Operations Act 1997 (NSW). This includes proper disposal of waste materials and the use of environmentally friendly products where feasible. The Client acknowledges their responsibility to comply with local environmental laws relevant to their site.
    5. Workplace Health and Safety Compliance: DLM complies with the Work Health and Safety Act 2011 (NSW) and associated regulations. The Client must ensure that the site meets safety requirements, including hazard-free access and appropriate lighting, and disclose any site-specific risks. Failure to comply may result in delays or additional costs.
    6. Site Induction Provisions: Quotations provided by DLM include provisions for a site induction lasting up to a maximum of 30 minutes. For any site or safety inductions exceeding this duration, at the client's request or requirement, DLM reserves the right to charge an additional fee of $300 per person per hour.
    7. Traffic Control on Established Roads: Traffic control is the responsibility of the client and is not included in the quotation unless explicitly specified. The client must ensure that all necessary permits, approvals, and accredited traffic control measures are in place before work commences. Any work conducted on an established road must comply with all applicable laws, regulations, and industry standards in New South Wales. These include, but are not limited to: The Work Health and Safety Act 2011 (NSW) and The Road Transport Act 2013 (NSW).
    8. Site Condition Requirements: Prior to the commencement of any work, the client must ensure that all surfaces on which DLM is to perform work are free from defects, contaminants, or conditions that could impair the adhesion or performance of marking materials. Line marking locations must be clean, dry, and free of loose material. Any deviation from these conditions must be disclosed in writing to DLM prior to work commencement. DLM accepts no liability for defects, failures, or delays resulting from non-compliance with these requirements.
    9. Site Clearance and Liability: DLM limits site clearance to a light hand broom or blower. Work will not proceed on surfaces that are dirty, wet, or affected by concrete, mud slurry, or similar disturbances. If the client's site representative insists on proceeding despite unsuitable conditions, a legal release indemnifying DLM from resulting failures must be signed. Additional charges will apply for waiting time or cleaning if instructed by the site representative.
    10. Site Access Requirements: DLM requires that the site be accessible by standard machinery and vehicles operated by the company, as necessary to perform the works. If additional equipment or arrangements are required due to site inaccessibility, the client will bear any associated costs unless otherwise agreed in writing. Any delays or additional site establishment costs resulting from restricted site access will be the responsibility of the client.

  5. Client Obligations

    1. Client Responsibility for Defects: If a warranty claim is made regarding the quality of the services performed, DLM will assess the issue. If the defect or failure is found to be the result of client actions (such as poor site preparation or unsuitable conditions), any remediation will incur additional service charges, including travel costs. This is in accordance with the ACL, which allows for adjustments to remedies based on the circumstances.
    2. Surface Contamination and Paint Adhesion: For optimal adhesion, surfaces must be free of oils, silicone residues, fuel spills, or surface moisture, as these contaminants can prevent proper bonding of line marking materials. The client is responsible for ensuring surface preparation meets these conditions. DLM uses high-performance paints and primers; however, adhesion issues caused by improper preparation or undisclosed contaminants will void any warranty. Additional cleaning or priming required due to these factors will incur extra charges.
    3. Traffic Restrictions and Curing Times: Fresh line markings require a minimum curing period, determined by the specific material used (e.g., solvent-based paints require 20-30 minutes under optimal conditions; thermoplastic markings require at least 10 minutes before traffic exposure). The client must enforce restricted access to the area during this period. Any premature traffic that damages the markings will void the warranty, and remediation will incur additional costs.
    4. Coating Compatibility and Preparation: Existing surface coatings, sealants, or prior line markings must be disclosed by the client. Incompatibilities, such as chemical reactions or differential adhesion between old and new materials, may lead to peeling, lifting, or uneven application. DLM may recommend abrasive blasting, grinding, or priming to ensure compatibility, with additional costs applied for these services.

  6. Pricing and Payment Terms

    1. Payment Terms: Payment is required within 14 days from the date of the invoice unless alternative payment terms have been mutually agreed in writing by DLM and the client prior to the commencement of work, provision of services, or supply of goods. Any variation to these terms must be documented and signed by authorised representatives of both parties to be enforceable.
    2. Deposits: If a deposit is required, it will be communicated to the client and specified in the issued quotation. Deposits are necessary to confirm your booking and initiate the job process, including the procurement of any specialised equipment or materials. The amount and payment timeframe for the deposit will be determined at the sole discretion of the Company. Deposits are refundable only if cancellation occurs prior to the ordering of materials or commencement of work; otherwise, they are strictly non-refundable. Any delays in payment may result in the rescheduling or deferral of the works.
    3. Retention of Payments: The Client agrees that no retention of payments shall be held over or withheld beyond the payment terms outlined in Clause 6.1 All payments are due as specified in the corresponding invoice under Clause 6.1 or, where applicable, as per a one-off agreed payment schedule. Retention of any portion of payment is strictly prohibited unless expressly authorised in writing by both parties. Any unauthorised withholding of payments will be deemed a breach of this agreement.
    4. Delays Beyond Control: If the completion of the work is delayed due to factors beyond the control of the company, DLM reserves the right to issue an invoice for any additional site visits or associated costs incurred as a result of the delay.
    5. Client Representative Authority for Payment and Variations: The client warrants that their on-site representative is duly authorised to:
      1. Sign Release Forms, indemnifying DLM from warranty claims mentioned throughout these terms and related to completed work.
      2. Approve additional works through Variation Forms, which may modify or expand the scope of work.
      3. Confirm completion of work by signing Job Sheets, indicating the client's satisfaction with the work performed.
    6. The client further agrees to pay any additional charges arising from approved variations to the quoted scope of work. Such variations will be invoiced at prevailing market rates.
    7. Invoice and Scope of Work: The final invoice will reflect the actual work completed in accordance with the client's instructions, as determined by a check measure conducted by the Line Marker and the client's representative's signature on the job sheet (if present) upon job completion. The client acknowledges that actual work may differ from the quoted scope, which may result in an increase or decrease in the invoice amount. In the absence of a client representative on-site to verify the work, the client agrees to accept the actual scope of work completed, as determined by the company, in good faith.
    8. Site Access and Delays: In the event that DLM is delayed or if the client is not following the agreement specified in clauses 4.9 and 4.10 and DLM is unable to complete the work due to factors within the client's control, DLM reserves the right to charge an additional [OSSB] onsite standby rate of $200 per person per hour plus GST for the delay. If subsequent visits are required to complete the job, a site fee of $300 plus GST per visit will apply.
    9. Payment Options: DLM offers the following payment options:
      1. Credit Card via eWay
      2. Bank Transfer, or
      3. Purchase Order, subject to prior written agreement.

  7. Subcontractors

    1. Use of Subcontractors: DLM may engage subcontractors to perform certain tasks or services as part of the work. The client acknowledges that subcontractors may be involved in the execution of the work.
    2. Responsibility for Subcontractors: While DLM may use subcontractors, DLM remains responsible for the overall quality of the work provided. The work performed by subcontractors will meet industry standards and the guarantees set out under these Terms and Conditions.
    3. Client's Rights and Remedies: If any issues arise from subcontracted work, the client may contact DLM directly for resolution. DLM will work to address any concerns, ensuring compliance with the Australian Consumer Law (ACL).
    4. Subcontractor Qualifications: DLM ensures that all subcontractors engaged possess the necessary qualifications, skills, and experience to competently perform the tasks they are assigned, in accordance with industry standards and project requirements.

  8. Cancellation and Refunds

    1. Cancellation: If the client cancels the works after accepting the official quotation as per Clause 1.1, DLM reserves the right to invoice the client for all costs and expenses incurred up to the point of cancellation. These costs must be reimbursed by the client in full. Where a deposit has been paid, refunds will be handled in accordance with the conditions outlined in clause 6.2, in addition DLM may at their discretion retain up to 20% of the deposit as payment for administrative fees.
    2. Defaults: If the client:
      1. Fails to make payment to DLM by the due date;
      2. Refuses or neglects to accept the services rendered, or otherwise prevents the completion of work;
      3. Has an administrator appointed over all or any of its assets, enters into a scheme of arrangement for the benefit of its creditors, resolves to be wound up, or has a petition for winding up presented against it;
      4. (If an individual) has a petition for bankruptcy presented or petitions for their own bankruptcy;
      5. Ceases, or threatens to cease, carrying on business;
      6. Fails to comply with any obligations under these Terms and Conditions or any Credit Agreement;
    3. Then, without prejudice to any other rights or remedies available under the Australian Consumer Law (ACL), DLM shall be entitled to suspend further services or work under the agreement, without liability to the client.
    4. If services have been provided but not paid for, the invoice for those services shall become immediately due and payable, notwithstanding any prior agreements or arrangements to the contrary.

  9. Changes to Services

    1. Modifications to Scope of Work: Any modifications to the agreed scope of work must be requested in writing by the Client and approved by the Company. Changes may result in adjustments to pricing, timelines, or other terms as mutually agreed. A formal Variation Form must be completed and signed by both parties before additional work commences.
    2. Additional Charges for Variations: If the Client requests changes to the scope of work after acceptance of the initial quotation, DLM reserves the right to charge additional fees. These charges will reflect:
      1. Additional labour, materials, or equipment required.
      2. Administrative costs associated with revising plans or obtaining necessary approvals. DLM will provide the Client with a written estimate for such changes before proceeding.
    3. Unforeseen Circumstances: DLM may recommend changes to the scope of work due to unforeseen circumstances that arise during the execution of the project, such as:
      1. Discovery of unsafe site conditions.
      2. Substrate defects or contaminants affecting the quality of line marking.
      3. Weather conditions that impede proper application of materials. The Client will be informed promptly, and any required adjustments will be documented in a Variation Form.
    4. Delays Due to Changes: The Client acknowledges that modifications to the scope of work may cause delays in project completion. DLM will provide an updated timeline reflecting any changes and will not be held liable for delays resulting from changes initiated by the Client.
    5. Cancellation of Additional Work: If the Client cancels any approved changes to the scope of work after commencement, the Client will be liable for: The cost of any materials already purchased, Labour costs for work completed up to the point of cancellation. Furthermore, Refunds for unused materials or unperformed work will be determined at the Company's sole discretion.
    6. Written Confirmation of Changes: No changes to the agreed scope of work will be binding unless confirmed in writing by the Company. Verbal agreements or instructions from the Client or their representatives must be documented and approved to ensure clarity and enforceability.
    7. Changes Due to Regulatory Requirements: If changes to the service are required to comply with regulatory updates or safety standards, DLM will notify the Client promptly. Any additional costs incurred as a result of such changes will be discussed and documented in a revised agreement.
    8. Right to Decline Changes: DLM reserves the right to decline any requested changes to the scope of work if they are contradict regulatory or safety standards and/or pose risks to the quality or durability of the final work and/or Are impractical or unfeasible given the project's current progress.

  10. Safety

    1. Workplace Health and Safety Compliance: DLM is committed to maintaining a safe working environment in compliance with the Work Health and Safety Act 2011 (NSW). This includes:
      1. Conducting risk assessments for all projects.
      2. Ensuring all personnel are adequately trained in safety procedures.
      3. Using equipment and materials that meet applicable safety standards.
      4. Halting work immediately if unsafe conditions arise, with work resuming only once the issue has been rectified.
    2. Client Responsibilities for Site Safety: The Client is responsible for ensuring that the site complies with applicable safety regulations prior to the commencement of work, including:
      1. Providing safe and unobstructed access to the site.
      2. Ensuring the worksite is free from hazards, including debris, hazardous materials, and unsafe structures.
      3. Informing DLM of any known risks, such as underground utilities or contamination. DLM reserves the right to refuse to begin work if the site does not meet safety standards. Costs associated with delays or rectifications will be charged to the Client as outlined in Clause 6.8.
    3. Emergency Procedures: The Client must ensure that appropriate emergency procedures are in place at the worksite, including:
      1. Access to first aid and fire-fighting equipment.
      2. Clear and safe evacuation routes. DLM will communicate any additional emergency procedures required for specific tasks.
    4. Hazard Identification and Reporting: The Company's personnel will conduct a hazard inspection before commencing work. If any hazards are identified, they will be reported to the Client immediately. Work will not proceed until the hazard has been adequately addressed.
    5. Use of Personal Protective Equipment (PPE): All personnel engaged by DLM will use appropriate PPE as required by the nature of the work. The Client agrees to provide safe areas for storing and disposing of used PPE if necessary.
    6. Work Stoppage Due to Unsafe Conditions: DLM reserves the right to stop work immediately if unsafe conditions are identified. Work will resume only after the issue has been resolved to the satisfaction of DLM and in compliance with applicable safety standards. Any delays resulting from such stoppages will be charged to the Client.

  11. Liability and Disclaimer

    1. Disclaimer of Information and Suitability: All measures, information, illustrations, performance capabilities, application suitability details, and other data provided by DLM are offered as statements of opinion for informational purposes only. It is the responsibility of the client to independently assess and verify the suitability of any products or application methods suggested by DLM for their specific needs.
    2. Clerical Errors and Omissions: DLM reserves the right to correct any clerical error or omission in its sales literature, quotations, price lists, invoices, or other issued documents or information. Such corrections shall not incur any liability on the part of the company.
    3. Insurance Coverage: DLM holds public liability insurance and workers' compensation insurance as required by the Work Health and Safety Act 2011 (NSW). Proof of insurance can be provided upon written request.
    4. Liability Cap: The Company's liability for damages, whether under contract, tort, or otherwise, is limited to the lesser of the total amount paid by the Client for the specific service. This clause does not limit liability for breaches of guarantees under the ACL or damages caused by death, personal injury, or negligence.
    5. Indemnity: The Client indemnifies and holds harmless the Company, its employees, and subcontractors from any claims, liabilities, or costs (including reasonable legal fees) arising from:
      1. The Client's failure to provide accurate instructions or comply with applicable laws and regulations.
      2. Damage caused by third parties or contractors engaged by the Client.
      3. Damage caused by events out of the control of the company.
      4. Any undisclosed site hazards, including underground utilities or environmental contamination.

  12. Warranties and Guarantees

    1. Warranty Guarantee: DLM warrants that the services provided (line marking and related services) will be performed with due care and skill, in accordance with industry standards and the guarantees set out under the Australian Consumer Law (ACL). If any defect or issue is identified in the work performed within 3 months from completion, DLM will rectify the issue at no additional charge.
    2. Client Responsibility for Defects: If a warranty claim is made regarding the quality of the services performed, DLM will assess the issue. If the defect or failure is found to be the result of client actions (such as poor site preparation or unsuitable conditions as listed in clauses 4.9, 5.1, 5.2, 5.3 and 5.4), any remediation will incur additional service charges, including travel costs. This is in accordance with the ACL, which allows for adjustments to remedies based on the circumstances.
    3. Service and Travel Charges: In the event that a warranty claim involves site attendance or testing, DLM reserves the right to charge service and travel fees where no fault is found or if the issue is not related to the work performed by the company. All charges will be in line with the terms agreed upon with the client, and any such charges will be clearly communicated prior to site attendance.
    4. Paint Colour Stability and Longevity: Line marking paints are formulated to provide maximum durability under UV exposure, high-traffic wear, and chemical spills. However, long-term fading, particularly in high-traffic or exposed areas, is inherent to all marking systems. Minor variations in colour due to batch production or environmental factors are unavoidable and not covered under warranty. Clients are advised to plan periodic maintenance and reapplication as part of their asset management strategy.

  13. Privacy Policy

    1. Privacy Commitment: DLM complies with the Privacy Act 1988 (Cth) and Australian Privacy Principles. By using our services, you agree to the collection and use of your personal information as outlined here.
    2. Information Collection: DLM collects personal information such as your name, contact details, and any other information required to provide our services or respond to enquiries.
    3. Use of Information: Your personal information is used to:
      1. Provide and improve our services.
      2. Communicate updates and relevant offers.
      3. Comply with legal obligations.
    4. Disclosure of Information: DLM may share your information with employees, contractors, or service providers where necessary. Information may also be disclosed to comply with legal requirements or protect the Company's rights.
    5. Security: DLM takes reasonable steps to protect your personal information from unauthorised access or disclosure. However, no online system is entirely secure.
    6. Bank Account Details: If you provide bank account or financial details for payments:
      1. These details are only used for authorised transactions.
      2. DLM will never request sensitive financial information via email or SMS. If you receive suspicious requests, please contact us directly.
      3. You are responsible for ensuring the secure transmission of your financial details to the Company.

  14. Intellectual Property

    1. Ownership of IP: DLM retains ownership of all intellectual property created during the provision of services, including but not limited to line marking designs, layouts, stencils, and any associated documentation. These materials remain the property of DLM unless explicitly agreed otherwise in writing.
    2. Licence to Use: The client is granted a non-exclusive, non-transferable licence to use the line marking and associated designs at the specified job site. This licence does not permit reproduction, modification, or reuse of the designs at other locations without the Company's written consent.

  15. Termination

    1. Breach of Terms: Either party may terminate this agreement under the following circumstances:
      1. The client breaches the Terms and Conditions and fails to remedy the breach within seven (7) business days of receiving written notice.
      2. DLM identifies site conditions or client actions that compromise safety, compliance with applicable standards (e.g., AS 1742.2, AS 2890), or the quality of the work.
      3. Delays or obstructions caused by the client prevent DLM from commencing or completing the work within a reasonable timeframe.
    2. Payment Obligations: Upon termination, the client must pay for all work completed up to the termination date, including any costs for materials or preparatory work already undertaken. Deposits are to be dealt with in accordance with clause 6.2.

  16. Dispute Resolution

    1. Direct Resolution: In the event of a dispute regarding line marking services or associated obligations, the following process applies:
      1. Both parties will first attempt to resolve the issue through direct communication and written correspondence.
      2. If unresolved, mediation will be sought, facilitated by an accredited mediator in New South Wales.
      3. If mediation fails, either party may pursue arbitration or legal action.
    2. Costs of Dispute Resolution: Both parties agree to bear their own costs associated with dispute resolution. For mediation conducted in NSW, costs will be equally shared unless otherwise determined by the mediator. This clause does not limit a party's rights under the ACL or other applicable NSW laws.
    3. Governing Law: This agreement is governed by the laws of New South Wales. Any disputes must be resolved within this jurisdiction and in accordance with the applicable laws, including the Australian Consumer Law (ACL).

  17. Force Majeure

    1. Uncontrollable Events: DLM will not be held liable for delays or failures in performance caused by circumstances beyond its reasonable control, including but not limited to severe weather conditions, natural disasters, government-imposed restrictions, pandemics, or supplier disruptions.
    2. Notification and Rescheduling: In the event of a Force Majeure event, DLM will notify the client promptly and make all reasonable efforts to resume services as soon as practicable. Additional costs incurred due to the delay may be invoiced to the client if the work requires rescheduling or additional site visits.

  18. Entire Agreement

    1. Agreement Scope: These Terms and Conditions constitute the entire agreement between DLM and the client regarding the provision of line marking services. They supersede all prior agreements, discussions, or understandings, whether written or verbal.
    2. Amendments in Writing: Any amendments or modifications to this agreement must be made in writing and signed by authorised representatives of both parties.

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