Terms and Conditions
Copyright
All rights, including copyright and database right, in the website and its contents, are owned by or licensed to soakwells.com.au, or otherwise used by soakwells.com.au as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from soakwells.com.au or the copyright holder.
You may not adapt, alter or create any of the material or information in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes.
soakwells.com.au reserves the right to use for its own purposes any material submitted to the site, including text and images, either on the site or in any other form, including for publicity purposes. soakwells.com.au reserves the right to monitor submissions to the site and to edit or reject any submissions, as we see fit.
Site Visits where we are unable to work due to no fault of our own
We regularly get called to work on sites that are not ready for us to work on. As building companies, or individuals, you are responsible for knowing the up to date status of YOUR site, we cannot possibly know where every job is up to, nor should we be expected to know. Therefore if you book us to install soakwells, or pipework, on a specific day, at a specific time, and when we arrive the site is not ready for us to work on, then additional charges will apply. We are often called to sites to install driveway drain grates, yet frequently we arrive only to find the garage floor has not yet been poured. The garage floor dictates the height of a drain grate, and the drain grate cannot possibly be installed without the floor in place. In addition to this, if you call our company to site, and book us for a specific day, then we arrive to find you have also booked painters, as an example, to work in the same area, and the painters tell us we cannot work, as all the displaced sand will blow onto their paint and spoil the finish, then this is your responsibility, not ours, as you booked us. Again in a situation where we are booked, and cannot work due to no fault of our own, then additional charges will apply.
Working to plans
When installing to plans, we rely on you, the client, to supply us with up to date plans. The plan for every job is what makes the job work, and is what ensures all trades know where each other have worked, or intend to work. The plan is also usually the only available information we have to work to, and to trust. Please ensure when supplying plans they are up to date, and are the current version of your specifications. If your plan changes for any reason, then it is YOUR responsibility to supply us with an up to date plan. Working to plan is basically like looking for treasure with a treasure map, if somebody moves the treasure, and puts it somewhere else on the property, but neglects to change the treasure map, then that treasure will never be found by digging where ''X marks the spot'' If your job specifiaction changes, then it is down to you to inform us, and to make sure that the version we have, of your plans, is current, and not outdated.
Warranty
All our products are covered by a ten year warranty. We use only the best materials, currently available, and as such they should not fail, under every day use, and everyday conditions. Trafficable lids are installed on concrete soakwells where the owner has indicated they are required. If the owner does not stipulate a trafficable lid is required, then the non traffic lid is broken, by heavy vehicle traffic, this will not come under the umbrella of the warranty.
Soil/Sand removal
None of our vehicles are equipped to remove sand from a site. We will however try to level the site as best we can on completion of a job, bear in mind that we will have excavated several cubic metres of sand, so it will not always be possible to leave behind a flat level site, due to the large increase in volume of the sand, that will be present following our excavation.
Disclaimer
We try to ensure that information on our site is accurate, complete and up-to-date. In using this site, however, you agree to be bound by the Terms & Conditions, which take effect on the date when you first use the site. By accepting a quote from soakwells.com.au you are also accepting our terms and conditions.
Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided 'AS IS' and on an 'IS AVAILABLE' basis without representation warranty or endorsement, express or implied. In particular, we do not warrant or represent the accuracy or completeness of information provided on this site nor do we guarantee that use of this site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs, although obviously we take every precaution to ensure this is the case.
In no event will soakwells.com.au be liable to any person for any damage or loss that may arise from the use of any information contained in our site, or products displayed on our site, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of, or in connection with, the use of the site. Notwithstanding anything else in these Terms & Conditions, we will not be liable for claims relating to the functionality or availability of this site.
Concrete cancellations/postponements
When pouring concrete we are sometimes dictated to by the weather. There will be days we cannot pour entirely due to the weather, usually rain, occasionally intense heat. If this happens we reserve the right to start other jobs early. Therefore if you do not wish us to pour your concrete, or wish to postpone the work for a period of time, then we require 7 days notice. The reason we need this much notice is because if we do get rained off on another job, then we would possibly come to your job a few days early and frame everything up, as we can do this in the rain. Materials may also be delivered to site several days before we are due to start work, as we often cannot get them delivered on the actual day of a pour, as the suppliers we use are large companies who simply cannot deliver to a site at a set time on a set day, so sometimes materials will be delivered early. If we do not receive 7 days notice to either cancel or postpone a job, then the client will be liable for any out of pocket costs incurred by us.
Shire Regulations and your Plans
The Shire regulations on our website are a guide only, and are not to be taken as FACT. These regulations change all the time. Twice a year we email all of the Shires and ask them for their current Shire guidlines, some Shires reply, and send us their very latest specifications, and some do not, hence some of the regulations are up to date, and some are not. When installing soakwells we work from the plans provided by YOU the client, as you know your circumstances better than we ever could. ALL plans have to be passed by Shire, that includes the soakwell sizes and any specific requirements for those soakwells. Therefore we are totally dependant on you as our client to provide us with accurate up to date plans, as it is those we work off. If your Shire has deemed you need specific additions to your soakwells, they will indicate so on the plans. Some Shires ask for concrete bases for example, these are often installed in areas where the ground is all clay, if your soakwells require bases, it will say so on your plans, as your plans have been passed by Shire, and any specifics will be detailed on there. In almost all cases your Shire will simply ask for a number of concrete soakwells, they will indicate to the builder how many are required, and they will also specify the sizes. This is the information we work to when installing your soakwells, as this is the most accurate and up to date information we can possibly have, and it is also specific to your road, and your suburb. Therefore when submitting plans to us, please be sure to send us EVERYTHING relating to your stormwater and soakwells, including any engineers drawings if they have been provoded to you. In all cases we will install your soakwells to the specifications provided on your plans.
Unpaid soakwell Invoices
soakwells.com.au carries out its' installations to current WA building regulations, we also employ current building standard practice in the issuing of invoices, namely, they become due once work is completed. We aren't as stringent as most companies in these practices, as we like to give customers a two week 'grace' period. However once an invoice becomes overdue by more than 18 days, we then reserve the right to charge interest at a rate of $ 40 per day regardless of the size of the unpaid invoice. Any invoice that then remains unpaid, after 30 days or more will give us the option to remove any installed soakwells, as they would still be the property of soakwells.com.au until paid for by the client. Once any soakwells are removed, they will only be replaced when the outstanding invoice has been paid, there will also be a $ 1000 replacement fee regardless of how many soakwells are involved.
Unpaid Concrete Invoice
If a concrete job we have undertaken for you as a client, does not meet your expectations, we will do everything in our power to remedy the situation, by undertaking additional work to rectify any perceived problem, or negotiating a mutually acceptable financial settlement, in the VERY worst case scenario. If a remedy that satisfies both parties cannot be found, then we will arrange a date that is convenient with you, and return to the site, and remove the concrete. In most cases this would be straightforward, however if the concrete that is deemed unsatisfactory happens to butt up to headers on a swimming pool, then every care will be taken not to damage the aforementioned headers. However we cannot guarantee that the concrete will come away from the headers without causing them any damage whatsoever, as concrete is an adhesive product, then there will be a small chance it will have bonded itself to the headers. We take no responsibility for any damage caused to the headers, although to repeat, we would take great care to ensure this came away cleanly. Please also be aware that to remove the concrete we would need to cut it into manageable pieces with an appropriate sized angle grinder, or similar cutting device.
Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of Australia. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of Australia.
If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, it shall be severed and deleted from this clause. All other Terms of Use and Terms & Conditions shall remain in full force and continue to be binding and enforceable.
soakwells.com.au reserves the right to change any of its terms and conditions at any time by posting changes online.
If you do not accept these Terms in full, you must stop using this website immediately.
