1.    Definitions:
‘Services’ may include but are not limited to some or all of the following;
(a)    Agitator de-dagging; 
(b)    Agitator servicing; 
(c)    Barrell fitting and installation;
(d)    Barrell removal;
(e)    Refurbishment of Barrell parts;
(f)     Re-capping and blade repairs for all agitators; 
(g)    Failed load blasting of barrels; 
(h)    Sandblasting;
(i)     Painting; 
(j)     Welding; and 
(k)    Any other related agreed services.  

‘Fees’ means the fees payable by You for the delivery of the Services by Us. 

‘We’ or ‘Us’ or ‘Our’ means United Barrel Services, our employees, contractors and other staff. 

‘You’ and ‘Your’ means the customer to which we are providing the Services.  

2.    The Services:
We will provide the Services to You in a timely and skillful manner and as you have requested in writing to Us.   

3.    Acceptance of the Services: 
You are taken to have read and accepted Our Services, Fees and these Terms and Conditions by either placing your order or when you authorise Us to attend Your site to undertake the Services.

 
4.    Variation of Services:
We will not vary the Services or carry out additional Services unless is reasonably required to complete the agreed Services or is otherwise directed in writing by You.  

5.    Extension of time/Rescheduling the Services:

(a)    We are entitled to an extension of time to complete the Services if acting reasonably, We anticipate that the Services may take longer than initially contemplated. 

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(b)    If circumstances beyond our control arise (including but not limited to equipment failure, illness of Our staff, any act or omission by You, extreme weather conditions or any other unforeseen events), that prevent us from being able to complete the Services, We will take reasonable steps to reschedule the Services within a reasonable timeframe. 

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Payment of Services
You are to pay our Fees to Us upon completion of the Services or as otherwise agreed by You and Us in writing. 

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6.    Health and Safety: 
In carrying out the Services, We will take reasonable steps to ensure that Our employees, contractors and other staff observe all applicable workplace health and safety laws. 

7.    Damage: 

(a)    In carrying out the Services, We use heavy duty tools and equipment that may in some instances cause damage to Your vehicle, barrel, agitator, rollers, kidney chutes, drip tray or other property (‘Property’). We exercise caution and have safeguards in place to avoid damage which may in some instances be caused by the removal of excess concrete residue.

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(b)    Notwithstanding clause 7(a), We provide no guarantee or warranty that there will be no damage caused to your Property in carrying out the Services. We do not take responsibility, and You indemnify and release Us for any damage to Your Property which may arise in instances, although not limited, as follows: 

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(i)    while cleaning the barrels, Our high pressure equipment may create dents or holes in the barrels;

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(ii)    while cleaning the rear end of Your vehicle and/or drip tray there is a possibility that We may interfere with and damage the wiring for Your vehicle’s reverse camera and lights; 

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(iii)    while cleaning rollers there is a possibility that We may interfere and damage grease lines;

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(iv)    while cleaning kidney chutes there is the possibility of denting or chipping paint on the rear of Your vehicle;

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(v)    during the de-dagging process, pieces of concrete may fall onto Your Vehicle which may scratch or dent Your Vehicle; 

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(vi)    when completing vehicle repairs, We may be required to stand on sections of Your vehicle such as the guards which may mark or dent Your vehicle;  

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(vii)     Power pack and hydraulic recoveries can be dangerous and in instances may cause rollovers of Your vehicle.

(c)    If any damage occurs to your Property that We are aware of, We will notify you upon completion of the Services.

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(d)    We acknowledge and agree that the indemnity under this clause 7 does not cover any loss or damage to your Property caused by any negligent or illegal act or omission by Us.  

8.    Cleaning: 

(a)    Our hydraulic services may leave dirt and residue on Your vehicle and You acknowledge that We may not always (unless expressly notified in writing) be able to clean the vehicle.

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(b)    If it is agreed by Us to clean the vehicle, an additional fee may be incurred by You. 

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9.    Cancellation of Services:
If You cancel Our Services within 24 hours of the scheduled booking, We may charge You a cancellation fee of an amount equivalent to one (1) hour of Our Services. 

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10.    Sale of Parts

(a)    If You Purchase any parts from Us, We do not take responsibility, and You indemnify and release Us for any damage to the parts that is caused by You.

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(b)    You acknowledge and agree that We will not be responsible for rectifying any damage to the parts that is caused by You and any repair will be subject to our warranty terms provided to You from time to time.    

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11.    Reasonable Access to Property:
Our ability to complete the Services is dependent on You providing access to Your Property and Your compliance generally with these Terms and Conditions. If completion of the Services is adversely affected by your failure to do so, We will remain entitled to receive our Fees for the Services that were intended to be completed. 

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12.    Default: 

(a)    A party is in default of these Terms and Conditions if it; 

(i)    is in substantial breach of these terms;
(ii)    becomes insolvent or bankrupt; or
(iii)    is a company, goes into receivership, administration or liquidation.

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(b)    If a party remains in default under clause 12(a)(i) for five (5) working days after the other party has given it written notice requiring the default to be remedied then, the other party may, by giving a further written notice, end the arrangement.