5 Star Service
Version: August 2025
Easy Concrete Supply Pty Ltd reserves the right to update these terms and fees
Easy Concrete Supply Pty Ltd (ABN 96 670 638 589)
IMPORTANT
We act as the principal supplier by arranging the manufacture and delivery of concrete through independent Suppliers. We oversee the supply process, ensure Suppliers are contractually bound to meet agreed specifications, and pass through all warranties and rectification processes to you.
Our operational limits – we do not:
All concrete is produced and delivered by independent Suppliers.
You acknowledge and agree that any rights, remedies, warranties or claims relating to the manufacture, batching, transport, quality or supply of the concrete are against the relevant Supplier directly, not us, except to the extent we have expressly agreed in writing to accept such liability.
1.1 Definitions
In these Conditions:
AS1379 means the Australian Standard Specification and Supply of Concrete AS1379-2007 (as amended from time to time).
AS1012 means the Australian Standards for Methods of Testing Concrete (as amended from time to time).
Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any other relevant provisions contained in that Act.
Business Day means a day other than a Saturday, Sunday or public holiday at the place of supply.
Conditions means these terms of quotation and supply and any schedule, annexure or Service Fees referred to in a 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.
Delivery Point means the kerbside location at or near the Site unless we agree otherwise in writing before dispatch.
Delivery Unit means a vehicle used by a Supplier to deliver concrete to the Site.
Force Majeure Event means an event beyond a party’s reasonable control including but not limited to weather conditions, traffic conditions, supplier failure, plant breakdown, materials shortage, labour shortage, industrial action, epidemic, emergency, war, terrorism, act of God, change in law or regulation, or failure of any equipment owned or operated by third parties.
Goods and Work means the concrete and any associated materials or services arranged by us to be supplied/performed by a Supplier.
Intellectual Property means all registered and unregistered rights in relation to present and future copyright, trade marks, designs, know-how, patents, confidential information and moral rights.
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.
Normal Hours means Monday to Friday 6:00am to 4:00pm, excluding public holidays, unless otherwise specified in the Service Fees.
Normal Point of Supply means the relevant Supplier’s usual batching plant or depot for the relevant delivery area.
Rates means the unit rates and prices shown on the face of a quotation, or otherwise used to calculate the prices in the quotation, as adjusted in accordance with these Conditions.
Service Fees means the schedule of additional charges attached to or referred to in the quotation.
Site means the location for supply/performance of Goods and Work specified on the quotation or order.
Supplier means the independent third-party supplier engaged by us to supply the Goods and Work.
you, your means the customer named in the quotation, and if none is named, the person to whom the Goods and Work are supplied.
we, us, our means Easy Concrete Supply Pty Ltd (ABN 96 670 638 589).
(a) Headings do not affect interpretation.
(b) Words importing the singular include the plural and vice versa.
(c) Including and similar expressions are not words of limitation.
(d) A reference to a statute includes all amendments and replacements.
(e) Currency is Australian dollars unless stated otherwise.
(f) Time is of the essence in respect of payment obligations and Site readiness.
(g) These Conditions are not to be interpreted against the interests of a party merely because that party proposed this document or relies on a provision to protect itself.
2.1 We arrange the supply and the fulfillment of concrete and related services by independent third-party Suppliers, and all concrete is produced and delivered by independent Suppliers.
2.2 While we may subcontract any part of the supply, we remain the principal supplier of the Goods and Work to you.
2.3 While we do not manufacture, batch, transport or physically handle concrete, we remain responsible for ensuring that the supply meets the agreed specifications under this Agreement, subject to clauses 11, 13 and 14..
2.4 We will pass through to you all manufacturer/supplier warranties and support reasonable testing/rectification processes as set out in clause 11.
2.5 Nothing in this Agreement excludes any condition, warranty, or guarantee that may not be validly excluded at law, but you acknowledge that your rights or any claims relating to the manufacture, batching or quality of the concrete are primarily against the Supplier, but we will oversee Supplier compliance and support rectification processes as set out in this Agreement.
2.6 We will ensure our subcontractors are bound by obligations no less protective than ours to you under this Agreement for specification, testing and rectification.
3.1 Unless otherwise agreed in writing, our agreement is comprised of only the following documents (in order of precedence to the extent of any inconsistency):
(a) these Conditions; and
(b) our written quotation (including the Service Fees).
3.2 This Agreement excludes:
(a) any prior quotation;
(b) the Supplier’s delivery docket terms that apply between you and the Supplier for manufacture, transport and discharge, except to the extent that those terms may reduce your protections under this Agreement or the ACL, in which case this Agreement prevails.;
(c) any purchase order, delivery receipt, procurement document or similar (including terms and conditions on the back of such documents) issued by you from time to time (including any document post-dating the quotation) to the extent of any inconsistency with these Conditions.
3.3 You acknowledge that you have not relied on any representation, inducement, warranty or promise which is not set out in this Agreement.
3.4 These Conditions may only be varied by written agreement signed by both parties.
3.5 You acknowledge that, upon order acceptance, a direct contract for manufacture/transport/delivery is formed between you and the Supplier on the Supplier’s standard terms (as varied by this Agreement), and the Supplier may enforce this Agreement as a third-party beneficiary for those aspects.
4.1 This quotation is an offer open to acceptance by you within 28 days from the date on the quotation and any such acceptance must be on the basis that the supply/performance of the Goods and Work is started within 3 months of the date of the quotation.
4.2 The offer is made subject to you meeting our and/or the Supplier’s credit approval requirements.
4.3 Your written order to commence the supply/performance of the Goods and Work or such commencement by us or the Supplier constitutes acceptance of the offer.
4.4 Our process is:
(a) you request a quotation;
(b) you accept the quotation;
(c) you pay the quoted amount (or such deposit as we stipulate);
(d) upon receipt, we commence scheduling with the Supplier.
4.5 Quotation times are indicative only and scheduling is to be confirmed until the Supplier confirmation is received.
4.6 We may reject any order at our discretion and will require prepayment in full prior to dispatch.
5.1 You are responsible for:
(a) ensuring that the specification that you provide to us is suitable for the intended use;
(b) making your own enquiries prior to placing any order;
(c) checking the delivery docket and confirming the mix specifications before discharge;
(d) providing accurate Site information including gradients, access restrictions, and hazards.
5.2 We do not provide design advice and will not check the adequacy or appropriateness of any order requested by you.
5.3 Unless otherwise stated on the face of the quotation, concrete shall generally be supplied by the Supplier in accordance with the relevant sections of AS1379.
5.4 If concrete is to be placed by pump, you must notify us in advance.
5.5 While we will use reasonable endeavours to accommodate such a request, we do not warrant that concrete will be able to be pumped due to variations in pumps and the concrete process.
6.1 Unless otherwise stated, prices are inclusive of GST.
6.2 The Goods and Work will be charged at the Rates for actual quantities supplied as shown on the delivery docket, together with Service Fees and any of the Supplier’s pass-through charges.
6.3 You must pay in immediately available funds prior to discharge at the Site.
6.4 You must pay all amounts without set-off, deduction, retention or counterclaim.
6.5 Interest accrues on overdue amounts at 10% per annum above the Reserve Bank of Australia cash rate target, compounded monthly.
6.6 You must reimburse us for all costs of collection including legal fees on a full indemnity basis, dishonour fees, credit card fees and merchant fees.
6.7 If the introduction of a carbon scheme, environmental levy or change in law results in additional costs, we may increase Rates by giving 4 weeks’ notice.
6.8 You may terminate affected orders within 4 weeks of receiving such notice.
7.1 This quotation is based on all materials being available from the Normal Point of Supply as reasonably determined by us.
7.2 If conditions beyond our control necessitate supply from any other point, we will give notice prior to carrying out the Work if there will be any resultant increase in cost.
7.3 You may accept the resultant increase (which will apply in addition to the Rates) or terminate the Agreement (in which case, clause 18 shall apply).
8.1 Delivery is to the Delivery Point (kerbside) and any entry of a Delivery Unit, requested by you, beyond the kerbside is at the driver’s sole discretion and entirely at your risk.
8.2 You must ensure:
(a) safe, timely and lawful access to the Site;
(b) adequate ground conditions and load-bearing surfaces;
(c) adequate turning circles and overhead clearance;
(d) suitable wash-out areas and environmental controls;
(e) adequate lighting for after-hours deliveries;
(f) all necessary permits and traffic control;
(g) the Site gradient does not exceed 8%;
(h) notification of any obstacles, hazards or peculiarities before delivery.
8.3 You indemnify us and the Supplier for any Loss arising from:
(a) entry beyond the initially designated Delivery Point;
(b) inadequate Site preparation or unsafe conditions;
(c) breach of road rules or load limits;
(d) damage to property at or adjacent to the Site;
(e) environmental breaches including improper wash-out.
8.4 Where the Supplier leaves equipment on Site, you must secure the Site to prevent loss, damage or injury and you will accept liability for all such loss, damage or injury.
8.5 You must be ready to receive delivery at the scheduled time as waiting time charges apply after the unloading allowance stated in the Service Fees.
8.6 We are not liable for delays caused by traffic, weather, breakdown, the Supplier capacity, industrial action, any Force Majeure Event or the Site not being ready.
9.1 You must nominate:
(a) the required strength grade;
(b) maximum aggregate size;
(c) slump (prices assume maximum 80mm unless specified);
(d) any exposure classification;
(e) any special requirements.
9.2 Colour Variations: We do not guarantee exact colour matching as variations may occur due to raw materials, batching, weather, curing conditions and application methods and colour samples are indicative only.
9.3 Mix Tolerances: Concrete will be supplied within the tolerances specified in AS1379.
9.4 Time Limits: Fresh concrete should be placed within 90 minutes ex-plant and any performance issues arising from delayed placement are at your risk.
9.5 Water Addition: Water must not be added to concrete without the Supplier’s written approval and any addition of water or admixtures by or on behalf of you will void all warranties.
10.1 Property risk in the Delivery Unit and site-related damage passes upon arrival at the Delivery Point.
10.2 Performance/specification risk for concrete conformity remains with us (Prime model) until acceptance under cl 11.4.
10.3 Title to concrete remains with the Supplier until discharge from the Delivery Unit.
10.4 Property in the Delivery Unit and any equipment remains with the Supplier at all times.
11.1 Testing will only be performed if requested by you and will be charged according to the relevant Service Fees.
11.2 We will only recognise test results (and will procure the Supplier to do likewise) where:
(a) concrete is sampled at the point of discharge from the delivery chute;
(b) testing is performed strictly in accordance with AS1012;
(c) testing is conducted by a NATA accredited laboratory;
(d) you provide copies of all test results to the Supplier.
11.3 Quantity acceptance occurs on discharge, subject to docket reconciliation, and except for manifest defects notified before discharge.
11.4 Specification acceptance occurs upon completion of testing in accordance with AS1012 within 28 days (or earlier if agreed test regime confirms compliance). Latent defects discovered by compliant testing are not waived by discharge.
12.1 Quantities shown on the delivery docket are conclusive for invoicing.
12.2 If you change quantities or Site location, we reserve the right to adjust Rates.
12.3 We are not obliged to arrange variations outside the scope of the Goods and Work.
12.4 Orders cannot be cancelled once batching has commenced. Cancellation fees apply as set out in the Service Fees.
12.5 If you fail to accept delivery, you must pay:
(a) the full order value;
(b) return cartage;
(c) disposal costs;
(d) environmental charges.
13.1 To the maximum extent permitted by law, our total aggregate liability to you in all circumstances is limited to the amount paid by you to us for the relevant Goods and Work.
13.2 Subject to clause 14 and to the maximum extent permitted by law, we shall not be liable in any circumstances for:
(a) any Consequential Loss;
(b) any damage to property at or adjacent to the Site (unless caused by our negligence);
(c) any claim for adjustment of invoicing unless notified in writing within 30 days of invoice with full particulars.
13.3 Our liability shall reduce proportionately to the extent any Loss is caused or contributed to by:
(a) any act, omission or breach by you;
(b) use of admixtures at your request;
(c) water addition without approval;
(d) discharge occurring more than 90 minutes ex-plant;
(e) placement, finishing or curing by others;
(f) failure to follow manufacturer’s recommendations;
(g) your specification being unsuitable.
14.1 Nothing in these Conditions excludes, restricts or modifies any condition, warranty, right or remedy implied by law which cannot be excluded (Non-Excludable Condition).
14.2 You represent that the Goods and Work are acquired for business purposes (unless stated otherwise in the order), and you acknowledge that the Goods and Work are acquired for either:
(a) re-supply (in altered form or incorporated into other goods); or
(b) using up or transforming in trade or commerce in production, manufacture, repair or treatment.
14.3 If you are a Consumer acquiring goods not ordinarily for personal, domestic or household use, our liability for breach of a consumer guarantee (other than title, undisturbed possession or undisclosed securities) is limited to:
(a) replacement or equivalent goods;
(b) repair of goods;
(c) payment for replacement or repair.
14.4 If you are a Consumer acquiring services not ordinarily for personal, domestic or household use, our liability is limited to:
(a) resupply of services; or
(b) payment for resupply.
15.1 You indemnify us against any Loss arising directly from your breach of this Agreement, your negligence, unsafe or unlawful Site conditions, or inaccurate information provided by you, except to the extent caused or contributed to by us, our subcontractors, or the Supplier.
15.2 This indemnity does not limit or exclude any rights you may have under the Australian Consumer Law, including any Non-Excludable Condition.
16.1 Concrete Hazards: Fresh concrete contains cement which may cause skin irritation, dermatitis or burns, and you must ensure all personnel:
(a) avoid skin and eye contact;
(b) wear appropriate PPE including impervious clothing, gloves and eye protection;
(c) immediately wash affected areas with clean water for at least 15 minutes if contact occurs;
(d) seek medical attention if irritation persists.
16.2 Crystalline Silica: Hardened concrete may contain crystalline silica, and when cutting, drilling or grinding, therefore you must ensure:
(a) appropriate respiratory protection is worn;
(b) dust suppression methods are used;
(c) relevant safety data sheets are consulted.
16.3 You must:
(a) comply with all WHS laws;
(b) provide safe systems of work;
(c) ensure adequate supervision and training;
(d) comply with driver’s safety directions; and
(e) maintain current safety management systems.
17.1 All of our Intellectual Property remains our sole property.
17.2 No licence, right or interest in any Intellectual Property is granted to you.
17.3 Any Intellectual Property developed during performance remains our property.
17.4 You must not use our name, marks or reputation without written consent.
18.1 We may suspend supply or terminate immediately by notice if:
(a) you fail to pay when due;
(b) you breach any material obligation;
(c) the Site is unsafe or access inadequate;
(d) you become insolvent;
(e) a Force Majeure Event continues for more than 30 days.
18.2 Either party may terminate for material breach after 7 days’ written notice if the breach is not remedied.
18.3 On termination, you must pay for:
(a) all Goods and Work supplied;
(b) cancellation charges;
(c) demobilisation costs;
(d) costs reasonably incurred in anticipation of supply.
18.4 For consumer and small business contracts, reasonable reimbursement provisions apply in accordance with the ACL.
19.1 You consent to:
(a) recording of calls for quality and evidentiary purposes;
(b) collection and use of personal information per the privacy policy;
(c) credit checks and information exchange with credit agencies;
(d) electronic service of notices.
20.1 Disputes must be notified in writing with full particulars.
20.2 Senior representatives must meet within 10 Business Days to attempt resolution.
20.3 Undisputed amounts must be paid pending resolution.
20.4 Nothing prevents seeking urgent interlocutory relief.
21.1 Neither party is liable for failure or delay caused by a Force Majeure Event.
21.2 The affected party must:
(a) promptly notify the other party;
(b) use reasonable endeavours to mitigate effects;
(c) resume performance when able.
21.3 If a Force Majeure Event prevents performance for more than 30 days, either party may terminate affected orders without liability (except for payment for goods already supplied).
22.1 Governing Law: These Conditions are governed by the laws of the State or Territory where the relevant Goods and Work are supplied, and the parties submit to the non-exclusive jurisdiction of those courts.
22.2 Entire Agreement: This Agreement constitutes the entire agreement and supersedes all prior communications.
22.3 Assignment: We may assign or subcontract, and you must not assign without consent.
22.4 Severance: Invalid provisions will be severed without affecting remaining provisions.
22.5 Waiver: Any waiver must be in writing and signed.
22.6 Notices: Notices must be in writing to the addresses specified or by email to nominated addresses.
22.7 Survival: Clauses relating to payment, liability, indemnity, intellectual property and confidentiality survive termination.
22.8 Relationship: While we arrange the supply of the concrete from the Supplier, nothing creates a partnership, joint venture or agency relationship between us and the Supplier or between you and us.
22.9 Costs: Each party bears its own costs in relation to this Agreement except as otherwise provided.
22.10 No Reliance: You must make your own enquiries and not rely on any representation not contained in this Agreement.
The fees and charges set out in the relevant quote and invoice apply to these Services.
Fast, Australia-wide service. Same-day response guaranteed within 24 hours. Competitive, upfront pricing.
Fast, Australia-wide service. Same-day response guaranteed within 24 hours. Competitive, upfront pricing.