Elite Coatings Canberra

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Terms & Conditions of Trade

1. Definitions

1.1 “Client” means the person/s buying the Services as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.

1.2 “Services” means all goods and services supplied by ECC to the Client at the Client’s request from time to time.

1.3 “ECC” means Elit Coatings Canberra ABN 34963040273 trading as “Elite Coatings Canberra”, its successors and assigns or any person acting on behalf of and with the authority of ECC.

1.4 “Price” means the Price payable for the Services, as agreed between ECC and the Client in accordance with clause 4 below.

1.5 “Terms” means the terms and conditions contained in this document.

2. Acceptance

2.1 ECC agrees to supply the Services to the Client in accordance with the Terms of this document, subject to any other special conditions, caveats or provisos that may be notified to the Client relating to the Services, or particular quotation.

2.2 The Client is deemed to have accepted and is immediately bound, jointly and severally by these Terms, and ECC’s quotation on these Terms along with any supplemental conditions contained in the quotation or otherwise notified to the Client, if it does any of the following:

  1. (a) places an order for Services;
  2. (b) signs and returns a copy of any quote or order, or the Terms and Conditions of Trade
  3. (c) Communicates acceptance of a quotation in writing (whether any requested deposit has been paid or not);
  4. (d) allows the Services to be undertaken;
  5. (e) pays any deposit to ECC required in a quotation; or
  6. (f) makes any request or does any other action to cause ECC to proceed with providing the Services.

2.3 These Terms may only be amended with ECC’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and ECC.

3. Quotation and Deposits

3.1 Where ECC provides a quotation for the supply of Services to the Client, the scope of the Services is limited to those described in the quotation only. ECC may provide an amended quotation if the Client requests a change to the scope of the Services.

3.2 ECC may at any time vary the quotation for increases in tax, duty or any other Government charges relating to the Services sold which come into effect after the date of the quotation. In the event such increases in tax, duty or government charges become applicable after acceptance of a quotation then the quotation and Price are deemed to be varied such that the Price is increase to include all such increases.

3.3 The Client must pay a 30% deposit on such terms indicated in the quotation, which is non-refundable unless otherwise indicated in the quotation.

3.4 ECC is not obligated to supply the Services until the deposit is paid by the Client and ECC confirms acceptance to the Client in writing.

3.5 Unless otherwise stated within a quotation, via direct communication to the Client, or otherwise agreed in writing, a quotation is valid for thirty (30) days from the date of its issue, and may be withdrawn any time at ECC’s discretion.

4. Price and Payment

4.1 At ECC’s sole discretion the Price shall be either:

  1. (a) as indicated on any invoice provided by ECC to the Client; or
  2. (b) ECC’s quoted price (subject to clause 4.2).

4.2 ECC reserves the right to change the Price if:

  1. (a) a variation to ECC’s quotation is requested by the Client;
  2. (b) the availability or cost of materials or labour changes compared to those prevailing as at the date of the quotation;
  3. (c) if the complexity of circumstances underlying the need for the Services requested to be performed have not been reasonably and properly disclosed to ECC;
  4. (d) other circumstances outside of ECC’s control.

4.3 Unless the invoice or quote requires otherwise or otherwise agreed by ECC at its sole discretion, a deposit equal to 30% of the total Price is required for all Services.

4.4 Time for payment of the Services is of the essence.

4.5 The Price, or any balance owing of it, will be payable in full by the Client on Delivery (completion) of the Services. ECC may, at its discretion, offer or require payment on the below basis:

  1. (a) before commencement of Services;
  2. (b) by way of instalments/progress payments in accordance with ECC’s payment schedule determined by ECC under any quotation or agreed by ECC in communication supplementing a quotation;
  3. (c) some other date specified on any invoice or other form as being the date for payment; or
  4. (d) failing any notice to the contrary, the date which is five (5) business days following Delivery.

4.6 ECC will render its final tax invoice for the Services provided to the Client shortly before or upon completion of the Services.

4.7 Payment may be made by cash, bank cheque (not personal cheque), direct credit to account details provided for on the invoice, or by any other method as agreed to between the Client and ECC. All payments must be made free from any set-off, deduction, exchange or claim whatsoever.

4.8 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to ECC an amount equal to any GST ECC must collect for any supply by ECC under this or any other agreement for the sale of the Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes in accordance with clause 3.2 that may be applicable in addition to the Price, except where they are expressly included in the Price.

4.9 The Client acknowledges that the Services and materials associated with Services may be of substantial size/quantity and that storage of the same may be a significant burden to ECC. Accordingly, the Client hereby authorises ECC to utilise third party storage facilities to store the materials if storage is required under this clause and the Client agrees to be responsible for all reasonable costs incurred as a result of storage and freight of the materials. The Client agrees it is liable to pay for storage and freight costs charged to ECC, at rates determined by ECC if:

  1. (a) the Services are not able to be undertaken for any reason arising due to the actions of the Client;
  2. (b) materials required for the performance of the Services are not utilised by the anticipated time due to delay in performing the Services caused by the Client.

4.10 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by ECC nor to withhold payment of any invoice because part of that invoice is in dispute.

4.11 For new concrete, most products require a minimum moisture content of 4% prior to any application being carried out. This is generally achieved after 28 days curing (or longer depending on humidity and other weather conditions). If the project requires the application of Services to accelerate the project program the application of a moisture barrier may be considered (subject to technical considerations). This application will be charged as an additional cost. Curing compound is not to be applied to new concrete that is to receive any coating as this will prevent adequate bonding of the coating to the concrete. Additional charges may apply for the subsequent removal of any such compounds or other contaminants. Where a specific curing compound with supporting technical data to contradict the above, the responsibility for any subsequent failure rests entirely with the Client.

5. Completion of Services

5.1 In relation to completion of Services, these are deemed to have been delivered and finalised for the Client upon notification by ECC to the Client once ECC considers the Services to have been completed and fully performed as set down in a quotation (“Delivery”).

5.2 ECC may perform the Services incrementally or in stages, as set down in a quotation or communication by ECC to the Client. Each separate instalment/increment/stage shall be invoiced and paid in accordance with the provisions in these terms and conditions.

5.3 Any time or date given by ECC to the Client is an estimate only. The Client must still accept or facilitate Delivery of the Services even if late, and ECC will not be liable for any loss or damage incurred by the Client as a result of Delivery being late by:

  1. (i) Direction or instruction from the client to delay, stop or suspend work;
  2. (ii) Delays caused by other contractors or consultants engaged by the client;
  3. (iii) Where, rather than re-schedule service, the client has instructed ECC to remain on site in conditions (e.g. heavy rain) that reasonably prevent or impede the safe, efficient and quality provision of services; and
  4. (iv) Delays caused by unsatisfactory site conditions due to the client’s noncompliance with other sections of these terms and conditions, where such noncompliance both/either prevents or impedes the safe, efficient and quality provision of services and/or is outside the control of ECC.

5.4 The Client must:

  • (a) Take and acknowledge Delivery whenever they are notified as being delivered by ECC;
  • (b) Ensure all surfaces to which Services are to be performed/applied are free from defect, including such as water ingress, rising damp, rust, rot, old paint or finishing layers;
  • (c) facilitate Delivery and provide uninterrupted and exclusive access and occupation to the physical locations where Services are required to be performed; (d) not enter the site for the duration of the Services and drying time until cleared upon ECC’s final inspection.
  • (e) provide:
    • (i) unobstructed, clean and clear access to the work area;
    • (ii) the surfaces in a clean state, free from dust, debris and growths, including clean and unobstructed surface joints;
    • (iii) the area in a pruned and landscaped condition, out to a distance of at least 50cm from the edges of the surface areas to which services are to be undertaken;
    • (iv) adequate shelter or means of preventing foreign material from entering the work area, including from overhanding plants, pets or other sources;
    • (v) adequate lighting;
    • (vi) relevant power (240 volt and / or 3 phase – 32 amp) and water within 15 meters of the work area. We do not allow for generator provision or the contracting of an electrician unless specifically itemised with the quote.
  • (f) Ensure all smoke detectors, pilot lights, naked flames are to be isolated prior to ECC commencement of works. Inhaling of the vapour of coating materials could be harmful and may cause lung irritation and asthma like respiratory reaction and irritation to skin and eyes. Please refer to the Materials Safety and Technical Data Sheets.
  • (g) remove from the physical location where Services are to be Delivered any rubbish, furniture, personal effects or other property or peoples likely to impede ECC’s performance in Delivery,
in order to minimise delays, risk of injury or any possible damage. In the event that the Client is unable to take delivery of the Services as arranged, then ECC shall be entitled to charge a reasonable fee for redelivery and/or storage as described in clause 5.5.

5.5 If the Client does not comply with clause 5.4, then ECC may at its discretion:

  1. (a) if less than forty-eight [48] hours’ notice is given, charge a re-delivery/re-booking fee of $297.00 plus GST to the Client for Services to be completed within a 50km radius, which shall be payable in addition to the Price and an additional fee of $2.50 per kilometre to Clients outside of the 50 km radius; and/or
  2. (b) delay delivery, waiting for uninterrupted access and any other circumstances required under clause 5.4 to be provided;
  3. (c) undertake such preparatory and precautionary works as ECC is willing to undertake, remove items or rubbish from the Delivery location to complete the requirements under clause 5.4, and, unless such tasks or delay were specifically included in the scope of the Services, charge the Client a delay / preparation fee which shall be payable in addition to the Price and be calculated by multiplying the time of the delay or that such preparation takes by an hourly rate of $200.00 plus GST or a max of $1,250.00 plus GST for an entire day of Services provided.
  4. (d) if noncompliance causes hired equipment to be unused or wasted or additional period of hire to be undertaken then ECC may charge up to $2,000.00 plus GST to cover any associated costs.

5.6 ECC shall be entitled to conduct a standard site induction for the safety of its workers, the client, and anyone else who may be in proximity to the worksite, and to inspect the site before commencement of any Services. The client hereby warrants that it will make the site available to ECC for induction and inspection prior to commencement of Services. The price of this induction is, unless otherwise stated, included in the quotation price.

  1. (a) Any alterations or deviations from the agreed quotation, specification, scope of works or project documents will be executed only upon further written instruction and may result in additional charges over and above the amount quoted.
  2. (b) If the client requires or is required to conduct its own site-specific induction for any reason, including but not limited to;
    1. (i) characteristics of the site that may make performance of services by ECC nonstandard or unusual to a not-insignificant extent;
    2. (ii) nonstandard layout that may impede access to the site;
    3. (iii) any reason related to limitation of liability;
    4. (iv) any other reason;

    the cost of same shall be charged in the final invoice at a rate of $99.00 plus GST per hour, per worker.

5.7 Unless agreed otherwise in writing, all Services are performed during ECC’s normal business hours between 8:30am-4:30pm. However, ECC may offer to undertake work during additional hours at ECC’s discretion, which may include after business hours 4:30pm-6am Sunday to Friday.

5.8 The Client will ensure that they provide means for rubbish disposal on site unless nominated on the quotation.

5.9 The Client must ensure that the area to which Services have been completed are not utilized or disturbed until such time that the surface coats have set and cured, which unless the acknowledges will be 24 hours after ECC confirms completion of the Services and handover of the work area back to the Client, unless the Client is notified of some other time frame by ECC.

6. Risk & Liability

6.1 Risk of damage to or loss of the finalised product of Services shall at no time pass to ECC and to the extent which ECC is required to take on any such risk then this shall re-pass to the Client on Delivery. Upon request by the Client, ECC may at its discretion repair any staining, scratches and/or holes not specifically associated with the Services at the expense of the Client.

6.2 If there is any damage or destruction to materials utilised in Services but prior to Delivery, ECC is entitled to receive all insurance proceeds payable for the Services and/or materials utilised in performance of Services. The production of these terms and conditions by ECC is sufficient evidence of ECC’s rights to receive the insurance proceeds without the need for any person dealing with ECC to make further enquiries.

6.3 If the Client requests ECC to:

  1. (a) leave materials outside ECC’s premises for collection; or
  2. (b) deliver the materials to or perform Services at an unattended or unsupervised location,

then such materials shall be deemed Delivered once left at and shall be at the Client’s sole risk and all Services performed shall be deemed performed once ECC undertakes them and gives notice to the Client. ECC shall in no event be liable for damage or loss which occurs once Delivered at an unattended or unsupervised location.

6.4 The Client acknowledges that ECC shall not be responsible for any defects in the materials used in the Services, or any loss or damage howsoever arising, from the Client not adhering to:

  1. (a) The manufacturer’s recommended maintenance methods and regimes; and
  2. (b) Any of ECC’s recommendations via written communications or terms sheets.

6.5 ECC is not liable for and offers no guarantee against cracking and/or lifting of the Services which may result from structural movement, poor substrates or other pre-existing defects whether they are readily apparent or not and the Client releases ECC from any such liability or claim on this basis.

6.6 Excluding the negligence of ECC, the Client releases ECC from all liability to the Client for any cost, loss or damage (direct, indirect, consequential, economic, physical or otherwise, including loss of profits) of any nature arising in any way:

  1. (a) from any defect or failure of the Services which are supplied to the Client.
  2. (b) incurred by the Client or any third party by reason of any delay in Delivery of the Services.

6.7 Should ECC be delayed in or prevented from Delivering due to any cause beyond its control, ECC shall be entitled to cancel or suspend Delivery without incurring any liability to the Client for any cost, loss or damage whatsoever arising therefrom.

6.8 Notwithstanding anything to the contrary, the liability of ECC for any cost, loss, damage, or injury whatsoever shall be limited to the Price of the Services, and ECC shall not be liable for any consequential or indirect damage or loss of any kind whatsoever.

6.9 Where guards are included in the Services quoted for, there is no express or implied term or warranty given by ECC that such guards will comply with any safety requirements which may be applicable, and it shall be the sole responsibility of the Client to ensure that the guards meet those safety requirements.

6.10 The Client indemnifies ECC against all and any claims including all costs and expenses associated with, made by any third persons for any loss, injury or damage of any nature whatsoever arising from the use of those things arising from the Services on and from Delivery, including use in any manner in contravention of any recommendation made by the manufacturer or ECC.

6.11 Where the site to which Services are to be completed is unsecured and unoccupied, the Client:

  1. (a) Will ensure that access to the site is readily provided for all times required for the Services to be completed within the anticipated time frame;
  2. (b) Will ensure have an independent person on site to monitor the Client’s personal property; and
  3. (c) Releases ECC from any claims associated with unsecured property or damage of property at the site.

6.12 Some systems can yellow and chalk on exposure to UV radiation (sunlight). Areas indoors that receive direct sunlight exposure for some intervals during the day, such as those adjacent to doorways and windows may experience some discolouring if you have chosen a system without a UV resistant sealer. It is the responsibility of the client to review technical datasheets to ensure suitability of product for any given project. ECC can advise and assist in product selection.

7. Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)

7.1 ECC may require that the parties conduct a joint inspection of the Delivery once notice of completion is given (“Joint Inspection”). This will typically be within 24 hours of the Completion of the Services.

7.2 The Client must during the Joint inspection notify ECC in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Services as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow ECC to inspect the Services.

7.3 Unless the Client gives notice of defect within the time period described in clause 7.1, all Services provided by ECC are deemed to be suitable and accepted by the Client. This shall extend to the acceptability of any degree of non-slip finish applied in relation to Services.

7.4 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

7.5 ECC acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees, which shall prevail to the extent of any inconsistency.

7.6 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, ECC makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Services requested. ECC’s liability in respect of these warranties is limited to the fullest extent permitted by law.

7.7 If the Client is a consumer within the meaning of the CCA, ECC’s liability is limited to the extent permitted by section 64A of Schedule 2.

7.8 If ECC is required to replace the items associated with Services performed under this clause or the CCA, but is unable to do so, ECC may refund any money the Client has paid for the Services.

7.9 If the Client is not a consumer within the meaning of the CCA, ECC’s liability for any defect or damage in the products Delivered by the Services is:

  1. (a) limited to the value of any express warranty or warranty card provided to the Client by ECC at ECC’s sole discretion;
  2. (b) limited to any warranty to which ECC is entitled, if ECC did not manufacture the materials utilised in performance of the Services;
  3. (c) otherwise negated absolutely.

7.10 Subject to this clause 7, ECC is not liable to provide remediation unless:

  1. (a) the Client has complied with the provisions of clause 7.1; and
  2. (b) ECC has agreed that the Services performed are defective; and
  3. (c) Notification of the defective Services is made within a reasonably time of Delivery:

7.11 Notwithstanding clauses 7.1 to 7.10 but subject to the CCA, ECC shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

  1. (a) the Client failing to properly maintain the finished products arising from the Services;
  2. (b) the Client using the finished product arising from the Services for any purpose other than that for which they were designed;
  3. (c) the Client continuing the use of the finished product arising from the Services after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
  4. (d) the Client failing to follow any instructions or guidelines provided by ECC or any manufacturer’s specifications or recommendations;
  5. (e) fair wear and tear, any accident, or act of God or any other such act or other thing outside of the control of ECC.

7.12 Notwithstanding anything contained in this clause if ECC is required by a law to provide remedial services then ECC will only do so on the conditions imposed by that law.

8. Default and Consequences of Default

8.1 Notwithstanding any other right of ECC under these Terms or at law, if the Client fails to make payment of ECC’s tax invoice by its due date then ECC is entitled to charge default interest to the Client. The Client is liable to pay such default interest and acknowledges that the default interest will be a rate of 10% per annum or, should that be determined not to be enforceable by a court of competent jurisdiction then at the rate charged by ECC’s financier for overdraft interest rate for unsecured overdrafts in excess of $100,000 plus 2% per annum.

8.2 Interest shall be calculated on a daily basis from the due date to the date of payment in full.

8.3 Interest will capitalise at the end of each calendar month such that the interest then forms part of the monies owed and will itself bear interest in addition to the monies already unpaid. This clause does not merge upon any judgment obtained by ECC against the Client, unless waived by ECC in its sole and absolute discretion. Interest is immediately due and payable as a liquidated debt to ECC from the date that it accumulates.

8.4 If the Client owes ECC any money the Client shall indemnify ECC from and against all costs and disbursements incurred by ECC in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ECC’s contract default fees, and bank dishonour fees).

8.5 Without prejudice to any other remedies ECC may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions ECC may suspend or terminate the supply of the Services to the Client. ECC will not be liable to the Client for any loss or damage the Client suffers because ECC has exercised its rights under this clause.

8.6 Without prejudice to ECC’s other remedies at law ECC shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to ECC shall, whether or not due for payment, become immediately payable if:

  1. (a) any money payable to ECC becomes overdue, or in ECC’s opinion the Client will be unable to make a payment when it falls due;
  2. (b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  3. (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

9. Cancellation

9.1 ECC may cancel any contract to which these terms and conditions apply or cancel Delivery of Services:

  1. (a) At any time before Services are commenced; or
  2. (b) In the event of default by the Client then from the date of such default, by giving written notice to the Client. On giving such notice ECC shall repay to the Client any money paid by the Client for the Services. ECC shall not be liable for any loss or damage whatsoever arising from such cancellation.

9.2 In the event that the client wishes to cancel orders for Services, notice of same must be given no later than five (5) business days before commencement of Services.

9.3 Cancellation of orders for Services made to the Client’s specifications, or for non-stocklist items, cannot not be accepted once production has commenced, or an order has been placed.

9.4 In the event that the Client cancels an order for Services without adequate notice or that clause 9.3 applies, the Client shall be liable for any and all loss incurred (whether direct or indirect) by ECC as a direct result of the cancellation and supply of the Services to the date of cancellation, including but not limited to any loss of profits, expenditure on wages and other business expenses and materials that were allocated to the Services. ECC shall be entitled to deduct all such costs from any deposit paid and the Client will also be liable for travel costs at a rate of $185.00 plus GST per hour.

10. Fair Payment

10.1 At ECC’s sole discretion, if there are any disputes or claims for unpaid Services then the provisions of the Building & Construction Industry Security Of Payment Act 1999 NSW and the Building and Construction Industry (Security of Payment) Act 2009 may apply.

10.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building & Construction Industry Security Of Payment Act 1999 NSW and the Building and Construction Industry (Security of Payment) Act 2009, except to the extent permitted by the Act where applicable.

11. General

11.1 The failure by ECC to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect ECC’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

11.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the territory or state in which ECC has its principal place of business, and are subject to the jurisdiction of the courts in that state.

11.3 ECC may license or sub-contract all or any part of its rights and obligations without the Client’s consent how this does not reduce or diminish ECC’s obligations under these Terms.

11.4 The Client agrees that ECC may amend these terms and conditions at any time. If ECC makes a change to these terms and conditions, then that change will take effect from the date on which ECC notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for ECC to provide Services to the Client.

11.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

11.6 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

11.7 The Client shall give ECC not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice) should the Services not yet have been Delivered. The Client shall be liable for any loss incurred by ECC as a result of the Client’s failure to comply with this clause.

12. Force Majeure & product risks

12.1 Any agreement to undertake Services are subject to the absence of any circumstances or conditions outside of the control of ECC. This may include common event impacting ability to undertake the Services such as strike, accidents, thermal conditions, natural disasters, acts of god, terrorism, weather and/or other delays beyond ECC’s control.

12.2 Correct completion of the Services requires conducive weather and environmental conditions, which are not within the control of ECC. ECC reserves the right to delay completion of the Services or any stage of them until such time that suitable weather and environmental conditions are prevailing. If the Client requests that ECC undertake the Services notwithstanding the absence of necessary weather or environmental conditions, then the Client directs completion at their own risk, accepts that any Services then completed may be subject to circumstances that will void the warranty the Client may otherwise benefit from, and releases ECC from any claim the Client may have arising from such circumstances.

12.3 The Client releases ECC for any claim that it may have or damages incurred as a result of delays or damage arising from circumstances described in clause 12.1.

12.4 The Services typically involve the use of powerful and toxic chemicals. While precautions are taken, no responsibility will be accepted for injury to any person or loss of damage of any property arising from reasonable performance of the Services. By accepting and/or instructing ECC to undertake Services, the Client agrees to release and indemnify ECC from any liability or any such injury, loss or damage.

12.5 Many of the Services require ECC to grind and coat the surface. ECC does not undertake or offer levelling services and unless specifically included in any Quote, no Services shall be deemed to include any works to make the surfaces level in any way. The coating will follow any imperfections of the surface, many of which may be imperceptible, or difficult to see, when the surface is uncoated. Such imperfections are likely to be highlighted by the coating products (particularly gloss finishes). These imperfections may include differences in finished floor levels across the slab, cracks and holes, rain-effected concrete, etc. and ECC shall in no event be responsible for:

  1. (a) remedying the imperfections prior to completion of Services; or
  2. (b) remedying the imperfections after completion of the Services whether the Services make the imperfections more readily apparent or not.