These Terms and Conditions (“Terms”) apply to our website and any other Evolve websites (collectively referred to as the “Websites”) that link to these Terms.
1. **Scope of Work**
Evolve Demolition agrees to perform demolition services as outlined in the agreed-upon contract, proposal, or quotation. Any changes or additional work requested by the Client may result in additional charges. By making any payment upon invoice, you are entering into this agreement.
2. **Unforeseen Conditions & Additional Costs**
a. **Hidden or Unforeseen Items**: Demolition work may reveal hidden materials, structures, hazardous substances (such as asbestos, lead, or mold), or other unforeseen conditions that were not visible or known before work commenced.
b. **Client Notification**: If such conditions are discovered, Evolve Demolition will notify the Client immediately and provide recommendations for how to proceed.
c. **Additional Costs**: Any work required due to unforeseen conditions, including removal of hazardous materials, structural reinforcements, or additional labor and disposal costs, will be charged separately. The Client agrees to cover these additional costs, subject to a revised quotation or change order.
3. **Permits**
a. The Client is responsible for obtaining all necessary permits unless otherwise agreed in writing.
b. Evolve Demolition will comply with all applicable laws and safety regulations but is not responsible for any fines or delays due to permit issues beyond our control.
4. **Site Access & Preparation**
a. The Client must ensure clear and safe access to the site for demolition equipment and personnel.
b. Any delays caused by restricted access, unexpected site conditions, or required preparatory work may result in additional charges.
5. **Waste Removal & Disposal**
a. Evolve Demolition will remove and dispose of debris as specified in the project agreement.
b. Any additional waste disposal due to unforeseen conditions or hazardous materials will be subject to extra costs.
6. **Liability & Indemnification**
a. Evolve Demolition will take all reasonable precautions to ensure safe demolition practices. However, we are not liable for damage to hidden utilities, underground structures, or pre-existing structural weaknesses.
b. The Client agrees to indemnify and hold Evolve Demolition harmless from any claims, damages, or liabilities arising from pre-existing conditions, undisclosed hazardous materials, or third-party actions.
7. **Payment Terms**
a. Payment is due as per the agreed contract terms. Any additional work due to unforeseen conditions must be approved in writing and paid in accordance with revised pricing. Any variation payments must be paid immediately before work continues.
b. Late payments may result in work stoppage and/or additional fees.
8. **Force Majeure**
Evolve Demolition is not responsible for delays or failures caused by events beyond our control, including but not limited to extreme weather, government actions, labor strikes, or unforeseen site conditions.
9. **Dispute Resolution**
Any disputes shall be resolved through negotiation. If unresolved, the matter may be referred to mediation or arbitration in accordance with the laws in New South Wales.
10. **Payment Obligations**
All payments must be made upon completion of work on the same day unless otherwise agreed with Evolve Demolition. Please note that any outstanding payments may result in additional fees, penalties, and may also lead to reporting to a credit agency or debt collector. By entering into this agreement, you are subject to debt collection.
11. **Limitation of Liability**
a. **Property Damage**: The Client acknowledges that demolition work involves structural removal, which may result in unavoidable damage to surrounding areas, including but not limited to walls, floors, plumbing, electrical wiring, tiles, countertops, fixtures, and cabinetry. Evolve Demolition is not liable for any such damage.
b. **Pre-Existing Conditions**: Evolve Demolition is not responsible for any damages caused by pre-existing structural weaknesses, poor workmanship, hidden defects, or deteriorated materials.
c. **Unforeseen Issues**: We are not responsible for any unforeseen conditions discovered during demolition, such as hidden pipes, faulty wiring, or hazardous materials, which may result in additional costs or damages.
d. **Client Responsibility**: The Client is responsible for ensuring that any items or surfaces they wish to protect are either removed or covered before demolition begins. Evolve Demolition is not liable for damage to any fixtures, furniture, or belongings left in the work area.
12. **Indemnification**
The Client agrees to indemnify and hold Evolve Demolition harmless from any claims, losses, damages, or expenses arising from the demolition process, including but not limited to accidental damages, structural movement, or third-party claims.
13. **No Warranties or Guarantees**
Demolition is an inherently destructive process. Evolve Demolition does not guarantee that adjacent structures, walls, or surfaces will remain undamaged, and we do not provide repair or restoration services unless expressly agreed in writing.
14. **Acceptance of Risk**
By engaging Evolve Demolition, the Client understands and accepts the risks associated with demolition work and agrees that the Company will not be held responsible for any incidental or consequential damages. However, the Company will assist as best as it can given the circumstances.
By proceeding with our services, the Client acknowledges and agrees to these Terms and Conditions.
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