Terms & Conditions
These Terms and Conditions ("Agreement") are entered into by and between the ("Customer/Client") and Dias Group and Co,-(ABN: 85 669 493 163).
Dias Group Covers All Concrete Services, Formwork, Construction- (Residential/Commercial Builds), Building Works, Handyman Scope of works, including but not limited to Maintenance, Painting and most agreed Contract services.
This Agreement governs the provision of Concrete/Building & Construction/Trade services by DiasGroupandCo to the Customer.
By engaging DiasGroupandCo's services, the Customer agrees to be bound by the terms and conditions set forth in this Agreement.
Scope of Work 1.1 DiasGroupandCo agrees to provide concrete/ and or construction services as specified in the project quotation or proposal provided to the Customer. 1.2
Any changes or variations to the scope of work must be agreed upon in writing by both parties and may result in additional charges and time extensions.
Payment Terms 2.1 The Customer shall make payment to DiasGroupandCo for the services rendered within 7 days from the date of the invoice, unless otherwise specified in writing. 2.2 Payments shall be made in the currency specified in the invoice. 2.3 Late payments may be subject to late payment fees and/or interest charges as allowed by applicable laws. 2.4
The Customer shall bear any costs associated with payment transactions, including but not limited to bank charges or fees.
Deposit 3.1 DiasGroupandCo may require a deposit from the Customer to commence work. The deposit amount shall be specified in the project quotation or proposal. 3.2 The deposit shall be paid by the Customer prior to the commencement of the work. 3.3 The deposit is non-refundable unless otherwise agreed upon in writing by both parties.
Quotation Validity 4.1 The quoted price for the concrete construction services shall be valid for a period of 14 days from the date of the quotation. 4.2 If the Customer accepts the quotation after the expiration of the 14-day validity period, DiasGroupandCo may revise the quotation or provide a new quotation reflecting any changes in costs or conditions.
Subcontracting 5.1 DiasGroupandCo reserves the right to subcontract any part of the work to qualified subcontractors. 5.2 DiasGroupandCo shall remain responsible for the quality and timely completion of the subcontracted work.
Hourly Employment Contract with DiasGroupCo:
When engaging DiasGroupCo as a labor-only subcontractor, the arrangement establishes us as employees hired for additional labor, operating under the direction and agreed-upon hourly rate set by the Contractor. While Dias Group provides its tools, it is important to note that labor-only subcontractors typically receive compensation on an hourly basis.
Liability and Responsibility Clarification:
DiasGroupCo explicitly states that it assumes no liability or responsibility on a daily rate basis for any damages or injuries that may occur during the subcontracted period. The Contractor/Employer bears full responsibility for all damages and liabilities arising from the engagement.
Project Delays 6.1 DiasGroupandCo shall make reasonable efforts to complete the project within the agreed-upon timeframe. However, DiasGroupandCo shall not be liable for delays caused by factors beyond their control, including but not limited to adverse weather conditions, material shortages, or changes requested by the Customer.
DAMAGES- Dias Group Co will not be held accountable for any unforeseeable or unintentional damages to surrounding property, or any part of the perimeter of work of scope.
If the Client deems that damages were in direct result of Dias GroupCo or any of its employees this must be brought to the attention of the Director (Jason Sverkidis), within 24-48hrs of completion of works. Dias Group Co will not accept any costs associated with damages unless it has been brought to the attention of the director in this time frame and a suitable solution has been agreed on between involved parties
NO claim of damages will be accepted after 48hrs.
Liability and Insurance ……7.1 DiasGroupandCo shall maintain adequate insurance coverage for liability, property damage, and workers' compensation as required by applicable laws. 7.2 The Customer agrees to indemnify and hold DiasGroupandCo harmless from any claims, damages, or liabilities arising from the Customer's negligence or breach of this Agreement.
Dias group abides and Clients accept : NSW ; CODE OF PRACTICECONSTRUCTION WORKAUGUST 2019
Dias group abides and Clients accept : https://www.fwc.gov.au/documents/agreementapplications/ag2023_3440.pdf
Termination 8.1 Either party may terminate this Agreement by providing written notice to the other party. 8.2 In the event of termination, the Customer shall be responsible for any outstanding payments for work completed up to the termination date.
Governing Law and Jurisdiction 9.1 This Agreement shall be governed by and construed in accordance with the laws of the state of [State], Australia. 9.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [State], Australia.
Entire Agreement 10.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, or representations, whether written or oral, relating to the subject matter herein.
PLEASE NOTE DIAS GROUP ABIDES BY FOLLOWING LINKS
ISBN 978 1 920702 05 2
Australian Competition and Consumer Commission
23 Marcus Clarke Street, Canberra, Australian Capital Territory, 2601
© Commonwealth of Australia 2021