Terms And Conditions

Softfallguys ~ Softfall and wetpour safety surfacing are amazing products yet they are not perfect! They are not like mass manufactured products as they are hand installed and finished by craftsman specialised in this trade. Softfall and wetpour surfacing "material" also has its limitations..... like concrete and other external finishes the material is susceptible to the elements including; foot traffic, shade fade, fade, colour variance, heat, UV, water and moisture (to name a few) each of which is out of our control.

 

We use our own proprietary systems and always use one of the two best products (NOT chinese) and colours on the market all chosen for their resilience and abilities to resist and battle the elements. Read on;

 

We request you do your own due diligence on the products you choose, and IMPORTANTLY on our Terms and Conditions (T&C's) and Manufacturers Product and Limitation / Testing Sheets as they apply to all our products, work and services.

 

The following T&C's apply to every product and service we quote and supply and are as per the 1st January 2014, we reserve the right to make and publish changes to the following;

Softfallguys Terms and Conditions

 

1.  Definitions

In these terms and conditions of sale:

 

1.  ‘We or us or our’ means Softfallguys, and or its Contractor, Affiliate, Agent or Service Provider singularly or combined acting for, on behalf,  or with the Softfallguys

 

2.  ‘You or your’ means you the purchaser or intended purchaser of the Product or Service

 

3.  ‘Metropolitan Area’ means the metropolitan area of the city in which we operate

 

4.  ‘Product" or 'Product & Service' means any product, goods or service supplied by us to you

 

5.  Affiliate or affiliate partners means a Softfallguys provider or contractor delivering Products and Services with Softfallguys or on behalf of Softfallguys to you

 

6.  "Standard Stock’ means any Product which appears in our product sheet or website from time to time; or any product which is specific to your requirement;
7. ‘Value Added Products’ means Product that may be combined with others so they may be applied for a specific use or purpose;
8. ‘Value Adding Process’ means any processing, mixing, or affixing process including positioning, gluing, cutting and binding.

 

 

1.  Basis

 

These terms and conditions apply to the supply or sale of all Products and Services quoted and sold by us to you and are in addition to any Affiliate Terms and Conditions you must abide by. These Terms and Conditions supersede and exclude all previous discussions, representations and terms or conditions of dealing between us and you.

 

In accepting our quotation verbally and or in writing you agree to abide by our Terms and Conditions as follows.

 

These terms and conditions can only be varied by agreement in writing signed by us.

 

2.  Orders
a. Each order from you is subject to acceptance or rejection by us and is not binding on us prior to our written acceptance

 

b. our quotations describe exactly what we will deliver based on the specification or request you provided us, all other costs outside what is described in our quotations are additional and your responsibility to make payment in full without deduction

 

c. All Project base works orders/quotations are based on us delivering the works in one delivery, unless otherwise stated

 

it is your responsibility to ensure all cost factors, special needs or requirements and other pertinent information is known to us at least 7 days before any acceptance date including; special licenses, induction required, training, project access etc

 

d. we will deliver only as outlined in our quotation, any works outside the quotation description will be regarded as a variation at your cost

 

e. every Product and Service order will require a 30 to 60% pre-payment and or mobilisation payment which will be required to arrive at our prescribed bank account prior commencement and or delivery, such payment is held and applied directly to your order.

 

3.  Price

a.  All prices are quoted exclusive of taxes and GST unless otherwise written. The amount of applicable GST and other taxes will be presented on our invoices. You agree to pay the tax and price as invoiced. The price for the Products or Service is the price presented on our quotation or on our final invoice.

 

b.  We reserve the right at any time to update or correct any quotation or invoice supplied to you, omissions, additions, price increases or variation in any other documentation we issue or have issued to you, and to change a price with reasonable validated reason.

 

c.  Any quotation or estimation provided outlines exactly what product or service we provide based upon what you specified and or presented to us, any work or associated costs to do the work outside what is described in the quotation is regarded as a variation or addition. Any key or pertinent detail not presented to us or is unknown to us at any time will be considered a variation and as such increase/s of any quotation component or its prices outside what is stated is your responsibility and are liable to make payment for.

 

d.  You are responsible for all reasonable further costs, price variations or price increases that have become apparent at any time we fairly incur them as with any other unknown or unfound costs.

 

e.  The price does not include, will be regarded as extra and your responsibility, any special packaging, handling, storage, delivery or re mobilisation (due to cessation of works due to cyclone, heat over 32 Celsius or other unacceptable weather that can or will be detrimental to installation or safety of our Team) or any other costs as may be occur from events as presented in Section 7.

 

4.  Delivery

a.  We will decide on the best delivery method.

 

b.  Delivery of the Products is deemed to occur either:

 

c.  when the Products are delivered to your care when delivered to your prescribed delivery location and or unloaded or provided at the delivery address nominated by you, whether or not any person is present to accept the delivery; or

 

d.  if collected by you from our premises.

 

e.  If you are in the Metropolitan Area, we will deliver by automated courier system or other direct to you door at a basic courier cost between the hours of 7.00am and 5.00pm, Monday to Friday.

 

If you are outside the Metropolitan Area, we will at your request:

 

f.  Deliver to you via our/your road transport company and charge onto you; or

 

g.  courier the Products to the railway station or your road transport depot; or

 

h.  invoice you and retain the Products for your collection

 

     

  1. Agreed delivery dates and times are approximate only. Delays in delivery are not our liability and do not entitle you to treat any contract between us as repudiated, or to reject the Products or service.
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  3. All additional costs incurred because of your request for delivery outside of our normal delivery schedule/process or delivery methods will be borne by you.
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5.  Claims
Claims will only be considered if made in writing to Us with all related and pertinent information within 7 days of any installation or delivery. Apart by law no claims will be accepted out of this timeframe.

 

a. Workmanship warranty - all queries must be delivered to us in writing for assessment and all matters relating to Product warranty must be made direct with the manufacturer.

 

6.  Invoicing & Payment

     

  1. We will invoice you by email only for the Products or Services after the moment of delivery, job completion or at any time after we deliver or attempt to deliver them.
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  3. Payment in full, without any set-off, is due within 14 days, where we highly recommend using Electronic Funds Transfer  or payment in Cash direct our Bank.
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  5. We reserve the right to:
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        1. A. require full deposit and or payment in cash on or prior to delivery; and/or
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        3. B. vary the terms or method of payment applicable to your account if we consider that your financial standing so warrants.
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    1. If you fail to make full payment within the required time:

         

      1. A. the entire amount of your outstanding debt will become immediately due and payable to us without any need for us to make written demand for such payment; and
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      3. B. we may do any one or more of the following:
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      5. suspend any further deliveries r delivery of service;
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      7. c. charge you interest computed daily and compounded monthly on the outstanding amount at the penalty interest rate as gazetted from time to time;
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      9. d. require you to within 12 hours of our notice to you deliver the Products back to our premises in saleable packaged condition at your cost;
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      11. e. You agree as per these terms that if the above are not satisfied you authorize us or our agent to visit, enter your premises or project site during work hours and take our products without delay, and
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      13. f. You will be liable for all else including reasonable labour, agent, courier or transport collection costs.
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      15. G. We may inform our Affiliate, Partner Network and professional association of the status of any account at any time.
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    2.  

 

7.  Risk
Risk in the Products and services passes to you immediately on installation, during delivery and or a delivery in progress, you further agree;

 

a. unless otherwise quoted security of work site, softfall surface and product is your responsibility when we or our Affiliate/contractor delivers, or are in progress or have commenced delivering a product or service and this responsibility continues when we leave a project site.

 

b. possession is defined at anytime we leave your project site and or at the completion of a project where we leave site entirely.

 

c. You agree We are not liable and You will not hold us responsible for; costs, price increases, variations, unknowns and penalties arising from all and any events including factors outlined in 7.d, or unknowns including pertinent, obvious or other detail that you or your client should have reasonably disclosed to us at anytime, or failing to meet Australian Standard compliance, us not being able to enter, install/deliver, complete a product or services due to factors out of our control, including; you not adhering to agreed payment terms, you failing to allow or arrange unfettered, timely and direct close proximity access to project site or delivery location, our timely access being hindered in any way, you changing support or schedules previously agreed to;

 

d. we are not liable for and You will not hold us responsible for any product risk or other costs related to and including; re mobilisation costs, penalties or costs arising from detrimental factors impinging upon us due to your choice of date or season you request us to undertake works, delays or events out of our control and unknowns before, during or after a project is in progress, forecasted or pending; union stoppages, rain, hail, cyclone, high humidity, heat above 30 Celsius or condensation, high UV factors, changes in or bad weather, product, surface, edge or join separation or shrinkage of any kind, shadow lines, bug, animal or human interference, dust settling, moving baseworks or curbing, colour or colour mix variance, multiple colour mix patterns, raised softfall surface particles, surface texture, join parting, colour variances or change before or after mixing with binder, willful damage, strike, costs related to required induction/s or medicals, flight or transport delay, heavy lifting, requirements and costs of special license or medical costs and induction related time delays of any kind and duration, extended accommodation costs, non delivery and or the timely completion by other trades and services, incorrect ground, base or structure works, transport delay, additions or unavoidable variations to an agreed or specification, changes of any kind, incorrect product delivery or other out of our control or for remobilization costs associated with these delays;

 

e. we are not held responsible for any subsiding bases, sinking or incorrectly installed base, base works or bases not being completed in full, to levels we specify or ready when we arrive, incorrect play equipment installation or curbing whatsoever or the remobilization costs associated with this delays

 

f. we are not held responsible for any rubber product particles, performance, and or product or services variance (natural) that may occur or vary in size, design, surface texture or appearance, levels or thickness variation from any specification, colour, UV rating, wear or fade factors, shrinkage (goes to temperature at time of instal) and shape from time to time and as supplied from manufacturer to manufacturer or undertaken by any installer or the remobilization costs associated with these delays

 

g. we do not provide density or other surface testing unless requested in writing prior quotation acceptance.

 

h. any density, colour or compliance test readings shall have a grace of 10% plus or minus applied to any calculation, formula or result

 

i. we will adhere to the quantities/square metres or other you notify us of and as agreed to in our quotation and

 

j. you agree to be liable for all other costs and expenses in excess of what has been described and quoted , and you will make timely payment in full of our reasonable down time and re-mobilisation costs, and all other costs or expenses we have or are likely to incur due to events described and in unison with sections 7a,7 b, 7c, 7d, 7e, 7f, 7h and 7i.

 

8.  Title

1.  Title to the Products does and will not pass from us to you until full payment can be seen and verified in our bank account of the amounts displayed on your invoice, without set-off or deduction, and for all Products and for all monies owing by you to us on any account whatsoever.

 

2.  ownership or title of any product or service we deliver will not pass to you unless in accordance with paragraph 8.1:

 

3.  you may if agreed to by us in writing hold the Products as bailee and fiduciary agent of us;

 

4.  You will not use or allow to be used the product, service or softfall safety surface unless paid for in full and you agree to take all actions possible to cease others from using our product or softfall surface. You agree to dry store our Products in first grade condition within a clean, dry, if a loose product off the ground and covered condition on your premises separately from your own or any other person’s goods so that they are identifiable in warehouse or store and on client package  wrapping The words "Softfallguys.com" or ‘Supplied by The Softfallguys", and or in our Affiliate/contractors name;

 

5.  You sell the Products and Value Added Products as fiduciary agent of us. You acknowledge and agree that such sales do not give rise to any liability or obligations on the part of us in contract or otherwise.

 

6.  You hold on trust for us that portion of the proceeds of sale of the Products or Value Added Products equal to the price of the Products as invoiced by us to you.

 

7.  You must hold the proceeds referred to in subclause 8.6 in a separate account that clearly identifies the proceeds as money held on trust for us.

 

8.  You cannot sell any of our product that you have not paid us for on credit (whether partially or fully) in the ordinary course of your business, before title to the relevant Products passes to you in accordance with subclause 8.1.

 

9.  Until title to the Products passes to you in accordance with subclause 8.1 or otherwise, we have the following rights in addition to those set out in the other provisions of subclauses 8.1 to 8.21:

 

10.  we are entitled at any time to demand the return of the Products; and

 

11.  we are entitled, on reasonable notice to you, we or our agent to enter your premises or any premises on which the Products are held to search for and remove the Products and you authorise us or our agents to enter any such premises for such purpose, if any costs will be borne by you.

 

12.  Pending payment of all monies owing, your right to sell the Products in the ordinary course of your business will immediately cease on the happening of any of the following events:

 

13.  you cease to be able to pay your debts as and when they fall due;

 

14.  you commit an act of bankruptcy or have a controller or trustee appointed in respect of your estate or any part of your assets;

 

15.  execution is levied against any of your possessions;

 

16.  a resolution is passed for, an application is made for, or you are placed in, liquidation, whether voluntary or otherwise;

 

17.  your act or omission would entitle a receiver to take possession of any assets, or would entitle an external administrator to be appointed to you;

 

18.  you commit a material breach of any of these Terms and Conditions or any other agreement between you and us;

 

19.  you purport to enter into a forward sale contract in respect of the Products or Value Added Products or purport to assign or factor the Book Debts without our prior written consent, which consent may be withheld in our absolute discretion; or

 

20.  we give notice to you terminating your right to sell the Products in the ordinary course of business.

 

21.  To the extent that you may be capable of creating or allowing to exist any form of security interest over the Products in your possession or control prior to title to the Products passing to you, you shall ensure that no such security interest is created, comes into existence or subsists.

 

9.  Return of Standard Stock

a. We, at our discretion, may only in writing authorise the return of goods purchased or being held by you. Authorisation must be from us in writing and, where granted, Product must be returned within one week of that authorisation, and no later than 7 days from the date of original delivery. On request for return, you must provide your purchase order and our invoice number. The Product returned must be in first grade sealed and wrapped saleable condition, any that are not will not be accepted.

 

b.  If Products are returned we reserve the right to charge a restocking and or packing fee and freight charge, that cost payable by you prior proceeding.

 

 

10. Customer Acknowledgments

 

1.  You acknowledge that the Products and services are not sold pursuant to a sale by description or a sale by sample due to the many variables of every application, job or project. Any description of the Products or Services on any of our documents is given by way of identification only for you alone and you must undertake your own due diligence, make educated decisions or at least seek other opinion. You acknowledge you know your project, you will deliver to us all pertinent, obvious or other information.

 

2.  To the extent permitted by law, you acknowledge that:

 

1.  What verbal or written information we supply or give are opinions of which you will make your own determination by relying on your own skill and judgment in relation to your selection of the Products and Services; and

 

2.  you have not advised us of the intended purpose for the Products and if so you have determined and decided upon the suitability of the Product including the suitability of materials purchased by you.

 

     

  1. Customer Warranties and Indemnity
  2.  

 

You warrant to us that you:

 

1.  will not hold us liable or responsible for any event as outlined in clause 7 to 7h

 

2.  will comply with all laws and the conditions of any licenses, permits or approvals relating to the handling, storing and using of the Products.

 

3.  to the extent permitted by law, you indemnify us against all losses, accident, damages or cost (whether incurred by or awarded against us) that we may incur as a result, whether directly or indirectly:

 

4. will not hold us responsible for your use or handling of the Products

 

5. wont action removal of a surface or taking any other action whatsoever without first obtaining approval from us in writing

 

6. will employ insurance and security against theft, loss or damage of product, machinery and surface whilst we are on your site and when we leave project site

 

78. indemnify us for any loss of or damage to any property or injury to or death of any person or animal caused by any negligent non compliant installation of a product, act or omission or willful misconduct by any person, you or your officers or employees; or

 

8.  indemnify us for any claim that your use of the Products infringes the intellectual property rights of any person; or

 

9.  indemnify us for any claim relating to incorrect colour, colour change, colour variation to whats chosen or natural surface appearance after binder and product is combined, product choice, fading or other occurrence that is inherent with softfall rubber surfacing; or

 

10.  indemnify us for any claim or incident relating to inaccurate or insufficient softfall installation within fall zones, fall height, cushion or wear layer densities; or

 

11. indemnify us for any and all accident claims

 

12. indemnify us from any claim in relation to a manufacturers product warranty

 

     

  1. Warranties, Liabilities and Limitations
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1.  We exclude all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void ('Non-excludable Condition').

 

2.  Our limited warranty covers workmanship for 12 months and or;

 

3.  If our/an Affiliate deliver a product or service or undertake the project for or in unison or in addition to/with us their work carries a limited workmanship warranty of 12 months and in the case of any claim must be sought directly from them.

 

4.  Product warranty of each manufacturer will be the only warranty that will apply to any goods or service purchase and must be sought directly from them.

 

5.  We check and comply to your/architect/engineers softfall specifications and instruction and apply material/fallzones/etc to Australian Standards, yet You accept all responsibility and liability for meeting all related Australian compliance.

 

6.  Service warranty are as per these Terms and Conditions which are in addition to our Affiliate/s terms and conditions and warranty and additional terms and conditions to what may apply to each service provided, and;

 

7.  Warranty will take into account the nature of the product and softfall services provided, softfall being a hand trowelled product, how you use or used the products including the variable elements of the exact application, UV, interaction with negative elements like water, rain, moisture, condensation, subsiding bases due to water, tree root, rotting subsurface material etc, extents of foot or other traffic (fair, excessive or other), high traffic areas, fire, will full damage, new material adhering adequately to thin older surfaces, manufacturers colour shape and rubber grade size variances (As per Point 7. Risk above) or other,

 

8.  To the extent permitted by law, our liability for breach of a Non-excludable Condition is limited, at our option, to a) refunding the price of the material component only at our discretion b) to replacing or repairing part or all of those Product or Service or job and/or d) providing the Product or Service again (minus labour, travel, accommodation, allowances, delivery or other additional costs).

 

9.  Except for liability for breach of any Non-excludable Condition and to the extent permitted by law:

 

10.  We exclude liability for loss of profits or consequential or indirect loss or damage or to reputation; and

 

11.  Our total liability to you is limited to the amount equal to the cost of material used only.

 

     

  1. Alliance / Sub-contracting
    We reserve the right and you agree We may align or partner with capable and reputable Alliance/partners/agents/contractors in delivering a product or service in part or whole or sub contract out to another experienced company the production, manufacture, supply, installation or delivery of some or all of the Products and Services.
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  3. Containers & Pallets (if applicable)
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1.  Any containers or pallets owned by us used for delivery of the Products remain our property, and may not be used by you other than for storage of the Products delivered.

 

2.  Any deposit fees paid are refundable only after the containers and pallets are returned in good order and condition. Any costs incurred by us in the repair of containers or pallets will be borne by you.

 

3.  On delivery of the Products, any pallets hired by us from a third party will be transferred to your account with the relevant hire company.

 

     

  1. Force Majeure
    We will not be liable for any product or service failure or failure to perform or delay in performing our obligations under these terms and conditions if that failure or delay is due to anything beyond our control, or a force or element of nature.
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  3. Waiver
    Any failure by us to insist on strict compliance with any term of this contract between us and you or any delay by us in exercising our rights under any contract between us and you will not constitute a variation or waiver of any provision of this contract or of any right available to us.
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  5. Governing Law
    These terms and conditions are governed by the law applicable in the place where your order is to be performed yet shall be heard if disputed in the Courts of Western Australia Perth.
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General

 

1.  These Terms and Conditions apply in addition to any further Terms and Conditions that are applied to our quotations, tender responses, repair agreements and or email communications to You.

 

2.  Any costs and or expenses beyond what is described in our quotations are your responsibility and must be paid in timely a fashion.

 

3.  All Softfallguys communications, quotations, estimations or other remain the property of Softfallguys and You agree to protect and maintain all as strictly confidential and not to be disclosed to any third party whatsoever.

 

4. Price Match and Best Price will apply when a competitors quotation is presented to us and is of the same or similar Softfallguys product or service using the same or similar client specification, quantities, methodology and timeframe.

 

5.  Each specific sale that references or presents calculations, colours, sizes, dimensions, weights, rubber type, rubber grade, final presentation, surface finish, appearance, patterns, quantities or other measures, delivery timeframes, scheduled work are agreed to with conditions as per Section 7 Risk above.

 

6.  If part or all of any provision of these terms and conditions or its application to any person or circumstance is illegal or unenforceable, the provision will be interpreted as may be necessary to ensure it is not illegal or unenforceable. If any provision or part of it cannot be interpreted in that way, the provision or part of it will be severed from these terms and conditions and the remaining provisions continue in force.

 

7.  Images, video and content created by the Softfallguys hold copyright and cannot be copied, printed or used in part or in full or in any other form unless approval in writing is obtained.

 

8.  Linking, using photos of videos or any contents whatsoever to this site if forbidden unless prior approval in writing is obtained.

 

9.  By entering and using our site you acknowledge you opt in to receive communications and accept full responsibility whatsoever for using and applying this site or its information, data, images, advertising or other.

 

10.  All care is taken but no responsibility is accepted by Softfallguys from any party using or relying upon any Softfallguys opinions, condition reports or recommendations.

 

 

 

 

11. Softfall and Rubber Best Price© and Price Match Guarantee© means (in unison with Point 4 above) if you happen to get from our competitor an authentic cheaper price on a identical or comparative Australian product or service - even if it's a sale price, you simply provide us with the original recent competitors quotation and we will not only match it but further donate a sum to a worthy donation or your or our choice.

 

 

 

 


Disclaimer

 

Playground Softfall Surfacing, Recycled Rubber Products, Flooring, Acoustic Underlay, Playground Safety Surfacing, Gymnasium Flooring and Sports Surfacing

 

The material on this website is intended to provide a summary and general overview on matters of interest only.

 

This website and the information contained within it, is subject to continuous change and although we attempt to ensure the content is correct and current we do not guarantee its currency nor correctness due to delays, market conditions, errors and omissions which may occur.

 

To the maximum extent permitted by law, we take no responsibility whatsoever to you or anyone else for any loss or damage suffered as a result of or in connection with the use of this website or any of its content. This includes, but is not limited to, the transmission of any computer viruses and any subsequent constructive loss which may occur. We recommend that prior to downloading any files, photos or articles, an appropriate virus check should be conducted.

 

We authorise printing of content for personal use only and, all other use, copying or reproduction or distribution of this website or any part of it is prohibited (except to the extent permitted by law).

Collection of Statistical Information via our website - We, our SEO Company and our internet service provider makes a record of each visit to the web site. When you visit our website, the following information may be logged for statistical purposes only:

 

     

  • your server address
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  • your IP address and GPS locations within 2m
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  • your pc and browser version
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  • your top level domain name (for example .com, .gov, .au, etc)
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  • the date and time of your visit to the site
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  • the pages accessed and documents downloaded by you
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  • the previous site visited by you
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  • the type of browser used by you
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  • GPS and Satellite location.
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end.

 

 

 

Our Privacy Policy

 

 

This privacy policy sets out how we use and protect any information that you give when you use this website.

 

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

 

We may change this policy from time to time by updating this page yet one can still be assured of total pricvacy. Please feel free to check this page from time to time to ensure that you are happy with any changes.

 

 

What we may collect

 

We may collect the following information:

 

     

  • name and job title
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  • contact information including email address
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  • demographic information such as postcode, preferences and interests
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  • other information relevant to customer surveys and/or offers
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What we do with the information we gather

 

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

 

     

  • Internal record keeping.
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  • We may use the information to improve our products and services.
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  • We may periodically send promotional or (DIY/Q&A infomercial) emails about new products, special offers, Industry news or other information which we think you may find interesting using the email address which you have provided.
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  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website and product lines according to your interests.
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  • Upon using our website you opt in to receive information, if at anytime you don’t want to receive information from us simply send us an email with "Unsubscribe" in the subject line
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Security

 

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

 

How we use cookies, page tracking, Google Analytics and IP Tracking Intelligence

 

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

 

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

 

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

 

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

 

Links to other websites

 

Our website may contain links to other websites of interest. However, once you have used these links, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

 

Controlling your personal information

 

You may choose to restrict the collection or use of your personal information in the following ways:

 

     

  • if you notify us or have previously agreed with us using your personal information for direct marketing purposes, you may change your mind opting in or opting out at any time by writing to or emailing us at admin@softfallguys.com
  •  

 

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We or our affiliates may use your personal information to send you promotional information about third parties which we think you may find interesting yet you may still opt out at anytime.

 

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

 

end.

 

Machine Hire Policy & Rates

 

 

At times when we hire equipment, the following applies;

 

1. Rental is for a period of 24 hours, any period of time over this time will be charged at standard day rate

 

2. Machines must be operated within Perth mtro areas only and not over a weather temperature of 32 degrees Celsius or to exceed capacities described below

 

3. Machines must be returned to the place of initial pickup in the working condition it left our premises with the drum, legs, paddles and arms, wheels etc cleaned entirely of all and any rubber particles or binder material.

 

4. If a machine is returend unclean or partially cleaned we reserve the right to charge min $220+gst for cleaning.

 

5. Hirer is responsible entirely for all cleaning, damage, mis use, unusual wear, dents, impact damage, power surge impact on motor, motor or gearbox burnout or ceazing, overheat damage of motor or gearbox or damage or loss of any mixer part (paddle arm, lockdown arm, paddles etc)

 

5. If any of the above were to occur Softfallguys will document and photo all damage or loss, notify you, immediately take all actions required to repair and remedy the fault/s and or replace the part, and invoice the Hirer at cost

 

7. Our daily 24 hour rates are;

 

a) 50kg max capacity mixers - use ONLY for top surface wear layer granule (EPDM, SBR, TPV) = $240 +gst per day (or other as published)

 

b) 100kg max large mixers - use for mixing EITHER surface wear layer granule (EPDM, SBR, TPV), recycled rubber 4 and or 12 mesh buffing or granule only  = $300 +gst per day (or other as published)

 

8. If a machine is not returned by the agreed date and we have not been notified of otherwise or the machine is required to be picked up by us for any reason we will charge the above rates until returned and in addition the following at cost; a) transport company costs b) metro area courier ($220.00) +gst or country pickup $tbn and clean cost of min $220 - max $400 +gst

 

9. Softfallguys markings or magnets must remain on each machine at all times

 

10. Failure to comply with any of the above will be a breach of our Terms & Conditions & Hire Policy where we will notify you in writing that you are required to return the machine within 24 hours from date & time of notification service to you. If the machine is not returned to us by the specified time and date and or we have not been notified by you the hirer in writing we will take this as notice that you request and permit us to locate, enter site, pickup, have cleaned and return the machine to our site invoicing you the above fees for services delivered plus rental.

 

end.

 

 

Labour Hire Policy & Rates

 

 

 

At times we contract labour (unless otherwise quoted);

 

1) Labour is for same work hours as other trades in any State of Australia

 

2) Work conditions and workplace safety are to be the same as other trades

 

3) work conducted will be as per standard industry practice within the geographical region of work

 

2) Standard Labour Rates charged out are:

- Metro Area (70klm radius from GPO): Project Manager: min $550+gst per day, Installer = $400.00 +gst per day, General Softfall Labourer = $200.00 +gst per day

- Country (any area exceeding the above metro radius): the above metro rate applies + $55 +gst per hour per each person travelling

- Country Northwest (any area above Geraldton Western Australia): $550 +gst + transport to airport and back to original location + above travel rate per hour + reasonable food, lodging & incidentals cost.

 

 

end.

 

Softfallguys Copyright© 2015

 

Updated 1/6/15

 

 

 

 

 

 

 

Softfall and wetpour safety surfacing are amazing products yet they are not perfect! They are not like mass manufactured products as they are hand installed and finished by craftsman specialised in this trade. Softfall and wetpour surfacing "material" also has its limitations..... like concrete and other external finishes the material is susceptible to the elements including; foot traffic, shade fade, fade, colour variance, heat, UV, water and moisture (to name a few) each of which is out of our control.

We use our own proprietary systems and always use one of the two best products (NOT chinese) and colours on the market all chosen for their resilience and abilities to resist and battle the elements. Read on;

We request you do your own due diligence on the products you choose, and IMPORTANTLY on our Terms and Conditions (T&C's) and Manufacturers Product and Limitation / Testing Sheets as they apply to all our products, work and services.

The following T&C's apply to every product and service we quote and supply;

Terms and Conditions 

1.  Definitions

In these terms and conditions of sale:

1.  ‘We or us or our’ means Softfallguys, and or its Contractor, Affiliate, Agent or Service Provider singularly or combined acting for, on behalf,  or with the Softfallguys

2.  ‘You or your’ means you the purchaser or intended purchaser of the Product or Service

3.  ‘Metropolitan Area’ means the metropolitan area of the city in which we operate

4.  ‘Product" or 'Product & Service' means any product, goods or service supplied by us to you

5.  Affiliate or affiliate partners means a Softfallguys provider or contractor delivering Products and Services with Softfallguys or on behalf of Softfallguys to you

6.  "Standard Stock’ means any Product which appears in our product sheet or website from time to time; or any product which is specific to your requirement;
7. ‘Value Added Products’ means Product that may be combined with others so they may be applied for a specific use or purpose;
8. ‘Value Adding Process’ means any processing, mixing, or affixing process including positioning, gluing, cutting and binding.

1.  Basis

These terms and conditions apply to the supply or sale of all Products and Services quoted and sold by us to you and are in addition to any Affiliate Terms and Conditions you must abide by. These Terms and Conditions supersede and exclude all previous discussions, representations and terms or conditions of dealing between us and you.

In accepting our quotation verbally and or in writing you agree to abide by our Terms and Conditions as follows.

These terms and conditions can only be varied by agreement in writing signed by us.

2.  Orders
a. Each order from you is subject to acceptance or rejection by us and is not binding on us prior to our written acceptance

b. our quotations describe exactly what we will deliver based on the specification or request you provided us, all other costs outside what is described in our quotations are additional and your responsibility to make payment in full without deduction

c. All Project base works orders/quotations are based on us delivering the works in one delivery, unless otherwise stated  

 it is your responsibility to ensure all cost factors, special needs or requirements and other pertinent information is known to us at least 7 days before any acceptance date including; special licenses, induction required, training, project access etc
d. we will deliver only as outlined in our quotation, any works outside the quotation description will be regarded as a variation at your cost
e. every Product and Service order will require a 30 to 60% pre-payment and or mobilisation payment which will be required to arrive at our prescribed bank account prior commencement and or delivery, such payment is held and applied directly to your order.

3.  Price

a.  All prices are quoted exclusive of taxes and GST unless otherwise written. The amount of applicable GST and other taxes will be presented on our invoices. You agree to pay the tax and price as invoiced. The price for the Products or Service is the price presented on our quotation or on our final invoice.

b.  We reserve the right at any time to update or correct any quotation or invoice supplied to you, omissions, additions, price increases or variation in any other documentation we issue or have issued to you, and to change a price with reasonable validated reason.

c.  Any quotation or estimation provided outlines exactly what product or service we provide based upon what you specified and or presented to us, any work or associated costs to do the work outside what is described in the quotation is regarded as a variation or addition. Any key or pertinent detail not presented to us or is unknown to us at any time will be considered a variation and as such increase/s of any quotation component or its prices outside what is stated is your responsibility and are liable to make payment for.

d.  You are responsible for all reasonable further costs, price variations or price increases that have become apparent at any time we fairly incur them as with any other unknown or unfound costs.

e.  The price does not include, will be regarded as extra and your responsibility, any special packaging, handling, storage, delivery or re mobilisation (due to cessation of works due to cyclone, heat over 32 Celsius or other unacceptable weather that can or will be detrimental to installation or safety of our Team) or any other costs as may be occur from events as presented in Section 7.

4.  Delivery

a.  We will decide on the best delivery method.

b.  Delivery of the Products is deemed to occur either:

c.  when the Products are delivered to your care when delivered to your prescribed delivery location and or unloaded or provided at the delivery address nominated by you, whether or not any person is present to accept the delivery; or

d.  if collected by you from our premises.

e.  If you are in the Metropolitan Area, we will deliver by automated courier system or other direct to you door at a basic courier cost between the hours of 7.00am and 5.00pm, Monday to Friday.

 If you are outside the Metropolitan Area, we will at your request:

f.  Deliver to you via our/your road transport company and charge onto you; or

g.  courier the Products to the railway station or your road transport depot; or

h.  invoice you and retain the Products for your collection

  1. Agreed delivery dates and times are approximate only. Delays in delivery are not our liability and do not entitle you to treat any contract between us as repudiated, or to reject the Products or service.

  2. All additional costs incurred because of your request for delivery outside of our normal delivery schedule/process or delivery methods will be borne by you.

    5.  Claims
    Claims will only be considered if made in writing to Us with all related and pertinent information within 7 days of any installation or delivery. Apart by law no claims will be accepted out of this timeframe.

    a. Workmanship warranty - all queries must be delivered to us in writing for assessment and all matters relating to Product warranty must be made direct with the manufacturer.

    6.  Invoicing & Payment

  1. We will invoice you by email only for the Products or Services after the moment of delivery, job completion or at any time after we deliver or attempt to deliver them.

  2. Payment in full, without any set-off, is due within 14 days, where we highly recommend using Electronic Funds Transfer  or payment in Cash direct our Bank.

  3. We reserve the right to:

    1.  
      1. require full deposit and or payment in cash on or prior to delivery; and/or

      2. vary the terms or method of payment applicable to your account if we consider that your financial standing so warrants.

  4. All payments must be made in Australian currency.

  5. If you fail to make full payment within the required time:

    1.  
      1. the entire amount of your outstanding debt will become immediately due and payable to us without any need for us to make written demand for such payment; and

      2. we may do any one or more of the following:

      3. suspend any further deliveries r delivery of service;

      4. charge you interest computed daily and compounded monthly on the outstanding amount at the penalty interest rate as gazetted from time to time;

      5. require you to within 12 hours of our notice to you deliver the Products back to our premises in saleable packaged condition at your cost;

      6. You agree as per these terms that if the above are not satisfied you authorize us or our agent to visit, enter your premises or project site during work hours and take our products without delay, and

      7. You will be liable for all else including reasonable labour, agent, courier or transport collection costs.

  6. We may inform our Affiliate, Partner Network and professional association of the status of any account at any time.

    7.  Risk
    Risk in the Products and services passes to you immediately on installation, during delivery and or a delivery in progress, you further agree;

    a. unless otherwise quoted security of work site and product is your responsibility when we or our Affiliate/contractor delivers, or have commenced or are in progress of delivering a product or service and this responsibility continues when we leave a project site.

    b. possession is defined at anytime we leave your project site and or at the completion of a project where we leave site entirely.

    c. You agree We are not liable and You will not hold us responsible for; costs, price increases, variations, unknowns and penalties arising from all and any events including 7.d, or unknowns including pertinent, obvious or other detail that you or your client should have disclosed to us at anytime, or failing to meet Australian Standard compliance, us not being able to enter, install/deliver, complete a product or services due to factors out of our control, including; you not adhering to agreed payment terms, you failing to allow or arrange unfettered, timely and direct close proximity access to project site or delivery location, our timely access being hindered in any way, you changing support or schedules previously agreed to;

    d. we are not liable for and You will not hold us responsible for any product risk or other costs related to and including; re mobilisation costs, penalties or costs arising from your choice of season you request us to undertake works, delays or events out of our control and unknowns before, during or after a project is in progress, forecasted or pending; rain, hail, cyclone, high humidity, heat above 30 Celsius or condensation, high UV factors, changes in or bad weather, product, surface, edge or join separation or shrinkage of any kind, shadow lines, bug, animal or human interference, dust settling, moving baseworks or curbing, colour or colour mix variance, multiple colour mix patterns, raised softfall surface particles, surface texture, join parting, colour variances or change before or after mixing with binder, willful damage, strike, required induction, flight or transport delay, heavy lifting, requirements and costs of special license or medical costs and induction related time delays of any kind and duration, extended accommodation costs, non delivery and or the timely completion by other trades and services, incorrect ground, base or structure works, transport delay, additions or unavoidable variations to an agreed or specification, changes of any kind, incorrect product delivery or other out of our control or for remobilization costs associated with these delays;

    e. we are not held responsible for any subsiding bases, sinking or incorrectly installed base, base works or bases not being completed in full, to levels we specify or ready when we arrive, incorrect play equipment installation or curbing whatsoever or the remobilization costs associated with this delays

    f. we are not held responsible for any rubber product particles, performance, and or product or services variance (natural) that may occur or vary in size, design, surface texture or appearance, levels or thickness variation from any specification, colour, UV rating, wear or fade factors, shrinkage (goes to temperature at time of instal) and shape from time to time and as supplied from manufacturer to manufacturer or undertaken by any installer or the remobilization costs associated with these delays

    g. we do not provide density or other surface testing unless requested in writing prior quotation acceptance.

    h. any density, colour or compliance test readings shall have a grace of 10% plus or minus applied to any calculation, formula or result  

    i. we will adhere to the quantities/square metres or other you notify us of and as agreed to in our quotation and

    j. you agree to be liable for all other costs and expenses in excess of what has been described and quoted , and you will make timely payment in full of our reasonable down time and re-mobilisation costs, and all other costs or expenses we have or are likely to incur due to events described and in unison with sections 7a,7 b, 7c, 7d, 7e, 7f, 7h and 7i.  

    8.  Title

    1.  Title to the Products does and will not pass from us to you until full payment can be seen and verified in our bank account of the amounts displayed on your invoice, without set-off or deduction, and for all Products and for all monies owing by you to us on any account whatsoever.

    2.  ownership or title of any product or service we deliver will not pass to you unless in accordance with paragraph 8.1:

    3.  you may if agreed to by us in writing hold the Products as bailee and fiduciary agent of us;

    4.  You will not use or allow to be used the product, service or softfall safety surface unless paid for in full and you agree to take all actions possible to cease others from using our product or softfall surface. You agree to dry store our Products in first grade condition within a clean, dry, if a loose product off the ground and covered condition on your premises separately from your own or any other person’s goods so that they are identifiable in warehouse or store and on client package  wrapping The words “Softfallguys.com” or ‘Supplied by The Softfallguys”, and or in our Affiliate/contractors name;

    5.  You sell the Products and Value Added Products as fiduciary agent of us. You acknowledge and agree that such sales do not give rise to any liability or obligations on the part of us in contract or otherwise.

    6.  You hold on trust for us that portion of the proceeds of sale of the Products or Value Added Products equal to the price of the Products as invoiced by us to you.

    7.  You must hold the proceeds referred to in subclause 8.6 in a separate account that clearly identifies the proceeds as money held on trust for us.

    8.  You cannot sell any of our product that you have not paid us for on credit (whether partially or fully) in the ordinary course of your business, before title to the relevant Products passes to you in accordance with subclause 8.1.

    9.  Until title to the Products passes to you in accordance with subclause 8.1 or otherwise, we have the following rights in addition to those set out in the other provisions of subclauses 8.1 to 8.21:

    10.  we are entitled at any time to demand the return of the Products; and

    11.  we are entitled, on reasonable notice to you, we or our agent to enter your premises or any premises on which the Products are held to search for and remove the Products and you authorise us or our agents to enter any such premises for such purpose, if any costs will be borne by you.

    12.  Pending payment of all monies owing, your right to sell the Products in the ordinary course of your business will immediately cease on the happening of any of the following events:

    13.  you cease to be able to pay your debts as and when they fall due;

    14.  you commit an act of bankruptcy or have a controller or trustee appointed in respect of your estate or any part of your assets;

    15.  execution is levied against any of your possessions;

    16.  a resolution is passed for, an application is made for, or you are placed in, liquidation, whether voluntary or otherwise;

    17.  your act or omission would entitle a receiver to take possession of any assets, or would entitle an external administrator to be appointed to you;

    18.  you commit a material breach of any of these Terms and Conditions or any other agreement between you and us;

    19.  you purport to enter into a forward sale contract in respect of the Products or Value Added Products or purport to assign or factor the Book Debts without our prior written consent, which consent may be withheld in our absolute discretion; or

    20.  we give notice to you terminating your right to sell the Products in the ordinary course of business.

    21.  To the extent that you may be capable of creating or allowing to exist any form of security interest over the Products in your possession or control prior to title to the Products passing to you, you shall ensure that no such security interest is created, comes into existence or subsists.

    9.  Return of Standard Stock

    a. We, at our discretion, may only in writing authorise the return of goods purchased or being held by you. Authorisation must be from us in writing and, where granted, Product must be returned within one week of that authorisation, and no later than 7 days from the date of original delivery. On request for return, you must provide your purchase order and our invoice number. The Product returned must be in first grade sealed and wrapped saleable condition, any that are not will not be accepted.

    b.  If Products are returned we reserve the right to charge a restocking and or packing fee and freight charge, that cost payable by you prior proceeding.

    10. Customer Acknowledgments

    1.  You acknowledge that the Products and services are not sold pursuant to a sale by description or a sale by sample due to the many variables of every application, job or project. Any description of the Products or Services on any of our documents is given by way of identification only for you alone and you must undertake your own due diligence, make educated decisions or at least seek other opinion. You acknowledge you know your project, you will deliver to us all pertinent, obvious or other information the moment it arises.

    2.  To the extent permitted by law, you acknowledge that:

    1.  What verbal or written information we supply or give are opinions of which you will make your own determination by relying on your own skill and judgment in relation to your selection of the Products and Services; and

    2.  you have not advised us of the intended purpose for the Products and if so you have determined and decided upon the suitability of the Product including the suitability of materials purchased by you.

  1. Customer Warranties and Indemnity

    You warrant to us that you:

    1.  will not hold us liable or responsible for any event as outlined in clause 7 to 7h

    2.  will comply with all laws and the conditions of any licenses, permits or approvals relating to the handling, storing and using of the Products.

    3.  to the extent permitted by law, you indemnify us against all losses, accident, damages or cost (whether incurred by or awarded against us) that we may incur as a result, whether directly or indirectly:

    4. will not hold us responsible for your use or handling of the Products

    5. wont action removal of a surface or taking any other action whatsoever without first obtaining approval from us in writing

    6. will employ insurance and security against theft, loss or damage of product, machinery and surface whilst we are on your site and when we leave project site

    78. indemnify us for any loss of or damage to any property or injury to or death of any person or animal caused by any negligent non compliant installation of a product, act or omission or willful misconduct by any person, you or your officers or employees; or

    8.  indemnify us for any claim that your use of the Products infringes the intellectual property rights of any person; or

    9.  indemnify us for any claim relating to incorrect colour, colour change, colour variation to whats chosen or natural surface appearance after binder and product is combined, product choice, fading or other occurrence that is inherent with softfall rubber surfacing; or

    10.  indemnify us for any claim or incident relating to inaccurate or insufficient softfall installation within fall zones, fall height, cushion or wear layer densities; or

    11. indemnify us for any and all accident claims

    12. indemnify us from any claim in relation to a manufacturers product warranty

  1. Warranties, Liabilities and Limitations

    1.  We exclude all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void ('Non-excludable Condition').

    2.  Our limited warranty covers workmanship for 12 months and or;

    3.  If our/an Affiliate deliver a product or service or undertake the project for or in unison or in addition to/with us their work carries a limited workmanship warranty of 12 months and in the case of any claim must be sought directly from them.

    4.  Product warranty of each manufacturer will be the only warranty that will apply to any goods or service purchase and must be sought directly from them.

    5.  We check and comply to your/architect/engineers softfall specifications and instruction and apply material/fallzones/etc to Australian Standards, yet You accept all responsibility and liability for meeting all related Australian compliance.

    6.  Service warranty are as per these Terms and Conditions which are in addition to our Affiliate/s terms and conditions and warranty and additional terms and conditions to what may apply to each service provided, and;

    7.  Warranty will take into account the nature of the chosen product and softfall techniques services provided, softfall being a hand trowelled product, how you use or used the products including the variable elements of the exact application, use, UV, interaction with negative elements like water, rain, moisture, condensation, subsiding bases due to water, tree root, rotting subsurface material etc, the pattern or design aspects extents of foot or other traffic (fair, excessive or other), the foot and people high traffic areas, fire, will full damage, new material adhering adequately to thin older surfaces, manufacturers colour shape and rubber grade size variances (As per Point 7. Risk above) or other,

    8.  To the extent permitted by law, our liability for breach of a Non-excludable Condition is limited, at our option, to a) refunding the price of the material component only at our discretion b) to replacing or repairing part or all of those Product or Service or job and/or d) providing the Product or Service again (minus labour, travel, accommodation, allowances, delivery or other additional costs).

    9.  Except for liability for breach of any Non-excludable Condition and to the extent permitted by law:

    10.  We exclude liability for loss of profits or consequential or indirect loss or damage or to reputation; and

    11.  Our total liability to you in any claim is limited to the amount equal to the cost of softfall rubber material used only.

  1. Alliance / Sub-contracting
    We reserve the right and you agree We may align or partner with capable and reputable Alliance/partners/agents/contractors in delivering a product or service in part or whole or sub contract out to another experienced company the production, manufacture, supply, installation or delivery of some or all of the Products and Services.

  2. Containers & Pallets (if applicable)

    1.  Any containers or pallets owned by us used for delivery of the Products remain our property, and may not be used by you other than for storage of the Products delivered.

    2.  Any deposit fees paid are refundable only after the containers and pallets are returned in good order and condition. Any costs incurred by us in the repair of containers or pallets will be borne by you.

    3.  On delivery of the Products, any pallets hired by us from a third party will be transferred to your account with the relevant hire company.

  1. Force Majeure
    We will not be liable for any product or service failure or failure to perform or delay in performing our obligations under these terms and conditions if that failure or delay is due to anything beyond our control, or a force or element of nature.

  2. Waiver
    Any failure by us to insist on strict compliance with any term of this contract between us and you or any delay by us in exercising our rights under any contract between us and you will not constitute a variation or waiver of any provision of this contract or of any right available to us.

  3. Governing Law
    These terms and conditions are governed by the law applicable in the place where your order is to be performed yet shall be heard if disputed in the Courts of Western Australia Perth.

    General

    1.  These Terms and Conditions apply in addition to any further Terms and Conditions that are applied to our quotations, tender responses, repair agreements and or email communications to You.

    2.  Any costs and or expenses beyond what is described in our quotations are your responsibility and must be paid in timely a fashion.

    3.  All Softfallguys communications, quotations, estimations or other remain the property of Softfallguys and You agree to protect and maintain all as strictly confidential and not to be disclosed to any third party whatsoever.

    4. Price Match and Best Price will apply when a competitors quotation is presented to us and is of the same or similar Softfallguys product or service using the same or similar client specification, quantities, methodology and timeframe.

    5.  Each specific sale that references or presents calculations, colours, sizes, dimensions, weights, rubber type, rubber grade, final presentation, surface finish, appearance, patterns, quantities or other measures, delivery timeframes, scheduled work are agreed to with conditions as per Section 7 Risk above.

    6.  If part or all of any provision of these terms and conditions or its application to any person or circumstance is illegal or unenforceable, the provision will be interpreted as may be necessary to ensure it is not illegal or unenforceable. If any provision or part of it cannot be interpreted in that way, the provision or part of it will be severed from these terms and conditions and the remaining provisions continue in force.

    7.  Images, video and content created by the Softfallguys hold copyright and cannot be copied, printed or used in part or in full or in any other form unless approval in writing is obtained.

    8.  Linking, using photos of videos or any contents whatsoever to this site if forbidden unless prior approval in writing is obtained.

    9.  By entering and using our site you acknowledge you opt in to receive communications and accept full responsibility whatsoever for using and applying this site or its information, data, images, advertising or other.

    10.  All care is taken but no responsibility is accepted by Softfallguys from any party using or relying upon any Softfallguys opinions, condition reports or recommendations.

    11. Softfall and Rubber Best Price© and Price Match Guarantee© means (in unison with Point 4 above) if you happen to get from a competitor an authentic cheaper price on a identical or comparative Australian product or service - simply provide us with the original recent competitors quotation and we will match and donate a sum to a worthy donation or your or our choice.





    Disclaimer

    Playground Softfall Surfacing, Recycled Rubber Products, Flooring, Acoustic Underlay, Playground Safety Surfacing, Gymnasium Flooring and Sports Surfacing

    The material on this website is intended to provide a summary and general overview on matters of interest only.

    This website and the information contained within it, is subject to continuous change and although we attempt to ensure the content is correct and current we do not guarantee its currency nor correctness due to delays, market conditions, errors and omissions which may occur.

    To the maximum extent permitted by law, we take no responsibility whatsoever to you or anyone else for any loss or damage suffered as a result of or in connection with the use of this website or any of its content. This includes, but is not limited to, the transmission of any computer viruses and any subsequent constructive loss which may occur. We recommend that prior to downloading any files, photos or articles, an appropriate virus check should be conducted.

    We authorise printing of content for personal use only and, all other use, copying or reproduction or distribution of this website or any part of it is prohibited (except to the extent permitted by law).  

    Collection of Statistical Information via our website - We, our SEO Company and our internet service provider makes a record of each visit to the web site. When you visit our website, the following information may be logged for statistical purposes only:

  • your server address

  • your IP address and GPS locations within 2m

  • your pc and browser version

  • your top level domain name (for example .com, .gov, .au, etc) 

  • the date and time of your visit to the site 

  • the pages accessed and documents downloaded by you

  • the previous site visited by you

  • the type of browser used by you

  • GPS and Satellite location.

    end.

    Our Privacy Policy

    This privacy policy sets out how we use and protect any information that you give when you use this website.

    We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

    We may change this policy from time to time by updating this page yet one can still be assured of total pricvacy. Please feel free to check this page from time to time to ensure that you are happy with any changes.

    What we may collect

    We may collect the following information:

  • name and job title

  • contact information including email address

  • demographic information such as postcode, preferences and interests

  • other information relevant to customer surveys and/or offers

    What we do with the information we gather

    We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.

  • We may use the information to improve our products and services.

  • We may periodically send promotional or (DIY/Q&A infomercial) emails about new products, special offers, Industry news or other information which we think you may find interesting using the email address which you have provided.

  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website and product lines according to your interests.

  • Upon using our website you opt in to receive information, if at anytime you don’t want to receive information from us simply send us an email with "Unsubscribe" in the subject line

    Security

    We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

    How we use cookies, page tracking, Google Analytics and IP Tracking Intelligence

    A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

    We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

    Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

    You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

    Links to other websites

    Our website may contain links to other websites of interest. However, once you have used these links, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

    Controlling your personal information

    You may choose to restrict the collection or use of your personal information in the following ways:

  • if you notify us or have previously agreed with us using your personal information for direct marketing purposes, you may change your mind opting in or opting out at any time by writing to or emailing us at admin@softfallguys.com

    We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We or our affiliates may use your personal information to send you promotional information about third parties which we think you may find interesting yet you may still opt out at anytime.

    If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.









     

SPECIAL CORNER
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