Dolphin Line Marking Terms & Conditions
Any quotation provided by Dolphin Line Marking Pty Ltd (ABN 41 626 000 280) is valid for a period of 30 days from the quotation date after which it may be subject to review.
- Dolphin Line Marking Pty Ltd requires an authorised purchase order, work order, signed quote or acceptance email prior to commencement of work.
Quotations include provisions for a site induction to a maximum of 30 minutes. Dolphin Line Marking Pty Ltd reserves the right to charge an additional $50 per person per hour for site/safety inductions of greater than 30 minutes duration when this is required by the client.
Any work conducted on an active road will require appropriate accredited and approved traffic control measures and plans. Traffic control is the responsibility of the client and is not included in the quotation unless specified.
Any clerical error or omission in any sales literature, quotation, price list, invoice or other document or information issued by Dolphin Line Marking Pty Ltd shall be subject to correction without any liability on the part of Dolphin Line Marking Pty Ltd.
Measures, illustrations, performance capabilities, application suitability information and other data supplied by Dolphin Line Marking Pty Ltd are statements of opinion and are provided for information only. Clients should satisfy themselves as to the suitability or otherwise of any products or application methods suggested.
Dolphin Line Marking Pty Ltd establishment charges apply to administer and supply of required documentation, loading of job specific materials and equipment, and costs related to crew travel to site. Where multiple processes demand different crews and equipment, establishment costs may vary.
The company will assume that the surface will be free from defects that may affect the adhesion or performance of the marking materials used by the company on the site. Additionally, the company will assume that the line marking locations shall be clean, dry and free of loose material before works commence. In both instances unless otherwise advised.
Unless otherwise stated, the company will assume that the site is able to be accessed by the standard machines/motor vehicles operated by Dolphin Line Marking Pty Ltd appropriate for the purpose of the works.
Dolphin Line Marking Pty Ltd will assume that the company personnel will be given clear access to all work points as required to enable completion of the work without delay.
Dolphin Line Marking Pty Ltd site clearance is limited to a light hand broom/blower of surface. Site will not be accepted for marking, if dirty, wet, or any concrete/mud slurry or other disturbance is evident. In the event that the client's site representative insists on proceeding when surface or conditions are unsuitable, a legal release supplied by Dolphin Line Marking Pty Ltd will be required to be signed indemnifying Dolphin Line Marking Pty Ltd for any resulting failures (not withstanding other warranties or provisions). Waiting time will be charged for sites not ready for making, or cleaning fees when instructed as such by the site representative.
Our payment terms are 14 days from the invoice date unless other payment arrangements approved by Dolphin Line Marking Pty Ltd, in writing prior to the commencement of work, provision of services or supply of goods and signed by the parties.
If for any reason completion of the job is delayed due to any factor beyond the control of Dolphin Line Marking Pty Ltd, the company reserves the right to issue an invoice for the value of additional visits.
The client warrants that their representative on site has authority to sign Release Forms (refer also to section: indemnity and release below) which release Dolphin Line Marking Pty Ltd from warranty claims made against our work, Variations Forms which approve additional works, and Job Sheets which confirms the client is satisfied with the work completed. Additional charges may be invoiced for variations to the scope of work as quoted and the client warrants that they will pay these charges. Variations to this quotation will be charged at market rates.
The invoice will reflect actual work completed as per client's instructions. This is determined by a check measure performed by the Line Marker and the client's representative signature on the job sheet (when present) on job completion. The client accepts that measures may vary from quoted to actual and that this may either increase or decrease the invoice amount. Should a client representative not be present on the job site, clients must accept our actual scope of work in good faith.
It is the responsibility of the client to ensure clear access to the area to be painted plus a reasonable surrounding area for safe working. Delays and obstructions such as vehicles, containers and equipment may increase the duration or prevent completion of the job. In the event Dolphin Line Marking Pty Ltd are delayed or unable to complete a job due to factors which can be controlled by the client, Dolphin Line Marking Pty Ltd reserves the right to charge an additional $85 per person per hour plus GST for delays and if subsequent visits are required to complete the job, a site fee of $190 plus GST per visit.
Payment options: Dolphin Line Marking Pty Ltd provides 2 x payment options which include:
- Direct Debit.
- Credit Card via eWay.
In the event of warranty claim on any items, products or materials sold on a supply only basis, it is the responsibility of the client to return the items, products or materials to Dolphin Line Marking Pty Ltd for repair or replacement. Any onsite testing, repair or replacement of items, products or materials supplied on a supply only basis will incur service and travel charges.
Attending a site or testing items, products or materials sold on a supply only basis for warranty claims will incur service and travel charges where no fault is found, or the cause of the fault negates the warranty.
Some items, products and materials may be non-returnable, if for example, they have been altered in the installation or removal process. It will be at the discretion of Dolphin Line Marking Pty Ltd whether it accepts the return of any items, products or materials.
Dolphin Line Marking Pty Ltd may appoint sub-contractors to carry out any or all of its obligations under the quotation.
- All costs and expenses incurred by Dolphin Line Marking Pty Ltd will be invoiced should the client cancel works after an official quotation acceptance is received by Dolphin Line Marking Pty Ltd such as a purchase order or email. Any and all costs and expenses incurred by Dolphin Line Marking Pty Ltd by reason of cancellation will be reimbursed by the client.
- If a deposit has been paid, Dolphin Line Marking Pty Ltd reserves the right to keep the Deposit of 20% and use this as payment for admin fees.
If the client: Fails to make payment to Dolphin Line Marking Pty Ltd on the due date; Refuses or neglects to take delivery of any goods; Has an administrator appointed over all or any of the client's assets, or enters into a scheme of arrangement for the benefit of its creditors, or resolves that it be wound up, or have a petition for its winding up presented against it, or (being an individual) has a petition for bankruptcy presented or petitions for his bankruptcy; Ceases, or threatens to cease, to carry on business; or Fails to comply with any obligations contained herein or in any Credit Agreement; then without prejudice to any right or remedy available to Dolphin Line Marking Pty Ltd, Dolphin Line Marking Pty Ltd shall be entitled to suspend further works or deliveries under the quotation without any liability to the client. If goods have been delivered but not paid for, the invoice for these shall become immediately due and payable notwithstanding any prior agreement or arrangement to the contrary.
Any quotation prepared by Dolphin Line Marking Pty Ltd together with these terms and conditions and any other documentation related to a quotation is strictly confidential. The client must ensure that its representatives do not disclose in any way any of this information or furnish a copy of this information to any other entity without the prior written approval of Dolphin Line Marking Pty Ltd.
8. Limitation of Liability
- Where Dolphin Line Marking Pty Ltd is required to drill or dig, for example for the installation of signs, it is the client's responsibility to provide Dolphin Line Marking Pty Ltd with accurate details and descriptions of all underground services on site. Dolphin Line Marking Pty Ltd accepts no responsibility or liability for damage to services where the client 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.
- Dolphin Line Marking Pty Ltd shall not be liable for any direct or indirect costs, loss, damages, expenses, loss of profits, loss of production or consequential loss relating to damage to property or injury or loss to any person or company due to any cause whatsoever, except to the extent Dolphin Line Marking Pty Ltd caused the damage, injury or loss by an act of negligence.
- Dolphin Line Marking Pty Ltd follows the plans, drawings and instructions (either verbal or written) provided by the client and their on-site representatives when quoting, laying out and marking up. We lay out according to AS 1742.2 (MUTCD) & AS2890 Parking Facilities unless otherwise directed by the client.
- The adhesion of pavement markings on concrete surfaces will not be guaranteed due to the possibility of reaction with curing compounds, dirt, loose surfaces etc. It is the responsibility of the client to ensure the area to be painted is clean and dry. Our quotation includes only minor sweeping/air blower as surface preparation unless otherwise stated.
- Black mould, tyre rubber, dirt and fruit sugars on concrete will affect the life of the paint unless cleaned appropriately. We therefore cannot warrant the paint applied to unclean surfaces.
- 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 our control.
- There is no implied slip resistance of painted surfaces: it is the responsibility of the client to keep the painted area clean and dry after painting.
- The client must indicate to Dolphin Line Marking Pty Ltd the fixing substrate, so we can correctly supply fittings.
- Installation and location of safety mirrors and/or Bollards are strictly under the client instruction.
It is the responsibility of the client to ensure/locate things such as but not limited to services, cables or piping in walls or floors.
- It is the responsibility of the client to ensure the fixing location is of good quality.
9. Indemnity and Release
representative of the client may be asked to sign a Release Form or a written and signed statement on the quote in the event we believe it is not advisable to paint an area due to moisture, contamination or other reasons, but where the client advises they wish to proceed in any case.
The client indemnifies Dolphin Line Marking Pty Ltd against any liability, claim, action, loss, damage, cost and expense Dolphin Line Marking Pty Ltd sustains or incurs arising out of or in connection with the performance of the scope of works quoted.
The client shall indemnify Dolphin Line Marking Pty Ltd against all actions, costs (including the cost of any legal proceedings), claims, proceedings, accounts and demands in respect of any infringement or alleged infringement of patent rights, registered design or similar protective rights resulting from compliance with the client's instructions, requirements or specifications, whether express or implied.
- The minimum cure time for concrete is 28 days. Dolphin Line Marking Pty Ltd will not warrant paint applied on concrete within the minimum cure time. We will not paint unless a representative of the client signs a Release Form or written and signed statement on the quote.
- The minimum drying period required for concrete after rain is 4 days. A moisture reading of less than 4% is required before painting and it's the responsibility of the client to check this.
- The client is required to disclose any and all additives used in the concrete as it may affect the adhesion of the paint.
- The minimum cure time for new asphalt is 3 days. Dolphin Line Marking Pty Ltd will not warrant paint applied on asphalt within the minimum cure time. We will not paint unless a representative of the client signs a Release Form or written and signed statement on the quote.
- Asphalt can be painted when it looks dry after rain.
- The client releases Dolphin Line Marking Pty Ltd from all action or demand due to any damage, loss, injury or death occurring in or near the site, except to the extent Dolphin Line Marking Pty Ltd caused this by an act of negligence.
If any part of these terms and conditions is or becomes illegal, invalid or unenforceable, the legality, validity or enforceability of the remainder of the terms and conditions will not be affected.
11. Competition and Consumer Act 2010 (Cth)
The terms and conditions herein shall not exclude those conditions and warranties available to the client under the Competition and Consumer Act 2010 (Cth).
12. Acceptance of terms and conditions
By accepting our quotation the client agrees to the terms and conditions herein.
13. Dispute Handling
Not satisfied? We want to hear from you so we can make it right. If you have a complaint about any aspect of Dolphin Line Marking's service or products, please call us on 1300 661 941 so that we can rectify the problem and find a solution that works for all parties. In some cases, we will be able to look at the issue immediately, however more complex issues may need to be looked into further before we can get back to you with a solution. You may also put your concerns in writing to by filling out this CONTACT FORM and we will respond within 72 hours.