1. General
These Terms & Conditions apply to all quotations, tenders, and works undertaken by Direct Drains Ltd (DDL) and Direct Civil Ltd (DCL) unless otherwise agreed in writing.

2. Scope of Works
DDL/DCL provides drainage, earthworks, and general civil construction services.
All works are priced based on the specific scope, drawings, and information provided at the time of tender. Any items not expressly included are excluded.

3. Pricing
All pricing is exclusive of GST and is based on plant, labour, and methodology assumptions current at the time of submission.
Unless otherwise stated, pricing is measure and value and subject to remeasurement upon completion.

4. Validity of Pricing
Quotes and tenders are valid for 60 days unless stated otherwise.

5. Payment Terms
Payment claims will be made in accordance with the Construction Contracts Act 2002.
Payment is due as agreed and no later than the second-to-last business day of the month following the claim.

6. Variations & Changes
DDL/DCL reserves the right to adjust pricing where:

• Scope, drawings, or specifications change

• Quantities differ from those allowed

• Site conditions differ from those reasonably anticipated

• Programme, sequencing, or access is altered

• Work is delayed, disrupted, or undertaken in stages

All additional or omitted work will be treated as a variation.

7. Cost Escalation
All pricing is based on market conditions at the time of submission.
DDL/DCL reserves the right to adjust rates for increases beyond its control, including:

• Fuel, freight, and transport costs

• Materials (including aggregates, pipes, concrete, asphalt, steel)

• Labour and subcontractor costs

• Disposal, compliance, and regulatory costs

This includes impacts from supply chain disruption, market volatility, and global or regional events.

8. Programme & Productivity
Pricing assumes continuous, efficient, and uninterrupted work during standard working hours.
Additional costs may apply where productivity is reduced due to:

• Delays or restricted access

• Resequencing or staging of works

• Interface with other trades

• Standby time or downtime outside DDL/DCL’s control

Work outside standard hours may incur additional charges.

9. Site Conditions & Ground Risk
Pricing assumes normal and reasonably foreseeable ground conditions.
Additional charges may apply for:

• Rock, hard fill, buried obstructions, or unknown structures

• Ground instability or collapse risk

• Groundwater, flooding, or dewatering requirements

• Contaminated materials

10. Earthworks & Civil Construction
For civil works, pricing assumes:

• Suitable material for excavation, reuse, and compaction

• Achievable production rates for bulk and detailed earthworks

• Stable subgrade conditions for pavement and structural works

Unsuitable materials, undercuts, over-excavation, or ground improvement will be treated as variations.

11. Structures & Pavements
Unless specifically included, pricing excludes detailed structural works, specialist concrete, pavements, surfacing, and finishing.
Any redesign, additional reinforcement, or changes to methodology will be treated as a variation.

12. Materials & Subcontractors
Where DDL/DCL supplies materials or subcontractors, a margin may be applied.
Availability and pricing of third-party supply are subject to change and may result in adjustments.

13. Testing & Quality Assurance
Standard QA and testing are included where specified.
Additional testing, failed tests, rework, or client-directed requirements will be charged as a variation.

14. Client Responsibilities
The client is responsible for:

• Providing accurate drawings, specifications, and service information

• Obtaining all permits, approvals, and consents

• Providing site access, power, water, and amenities

• Coordinating other contractors and ensuring site readiness

Any delays, costs, or impacts arising from the above remain the client’s responsibility.

15. Exclusions
Unless specifically included, pricing excludes (but is not limited to):

• Service locating, relocation, or protection

• Traffic management and environmental controls

• Contaminated material handling

• Disposal costs, tip fees, and cartage

• Dewatering beyond minor allowances

• Surveying, set-out, and as-built documentation

• Permits, fees, and approvals

• Specialist works (including shoring, piling, heavy lifting, welding, hydro excavation or CCTV)

• Reinstatement, landscaping, or surface finishes

• Standby time, delays, or disruption costs

• Any items not expressly included in the agreed scope

16. Establishment & Mobilisation
Pricing allows for standard mobilisation.
Additional mobilisation, staging, or remobilisation will be charged.

17. Defects Liability
The Defects Notification Period commences from practical completion or QA handover of each separable portion of the works.

18. Health, Safety & Compliance
All works will be undertaken in accordance with The Health and Safety at Work Act 2015.
Additional or site-specific requirements beyond standard practice may result in additional costs.

19. Design & Build Responsibility
Unless expressly agreed, DDL/DCL is not responsible for design.
Any design-related changes, errors, or omissions will be treated as a variation.

20. Limitation of Liability
DDL/DCL shall not be liable for indirect, consequential, or delay-related losses unless expressly agreed in writing.

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