TERMS AND CONDITIONS FOR SUPPLY OF CONCRETE WASTE REMOVAL AND AGGREGATE DELIVERY SERVICES

Last Updated: 01 February 2026

 

In these Terms, EWS is referred to as “we”, “us” or “our”. You are referred to as “you” or the “Customer”. These Terms apply to all concrete waste removal, haulage, disposal, aggregate delivery and related transport services supplied by us (Services). By placing an Order, you agree to be bound by these Terms.

OUR PROCESS – PLACING AN ORDER

1. Orders may be placed by telephone, email, website enquiry or any method accepted by us (“Order”).

2. A quotation is an estimate only and may vary where assumptions change, including site access, contamination, disposal facility charges, waiting time, route constraints, weight or volume discrepancies.

3. An Order is accepted when we confirm it in writing, issue an invoice, schedule dispatch, dispatch a vehicle or commence performance.

4. You warrant that you have full authority to place the Order and to grant access to any site where Services are to be performed.

CUSTOMER WARRANTIES

1. You warrant that all information provided is accurate and complete and that all waste descriptions are correct.

2. You warrant that the Delivery Location is suitable for heavy commercial vehicles and that all required approvals and permits have been obtained.

3. Nothing in these Terms excludes rights under the Australian Consumer Law (ACL).

SITE ACCESS AND DELIVERY

1. Unless expressly agreed in writing, delivery or collection is to the public road frontage or curb adjacent to the Delivery Location (“Curb Point”).

2. We are under no obligation to enter private property.

3. If you request access beyond the Curb Point (“On-Site Access”), such access is strictly at your direction and risk.

4. You warrant that the access route is structurally suitable, ground-bearing capacity is adequate, no concealed hazards exist, and turning radii and gradients are suitable.
   

5. We do not conduct structural, geotechnical or pavement load assessments.

6. You bear all risk of damage arising from On-Site Access. You acknowledge and agree that cracking or damage to bitumen, asphalt or paved surfaces caused by vehicle weight, axle loads, steering scrub, turning circle forces, edge loading, heat softening, wet subgrade conditions, inadequate pavement thickness, poor compaction or pavement design not intended for heavy vehicles is deemed to arise from site conditions and is your responsibility. Heavy vehicle turning movements significantly increase pavement stress, particularly on residential-grade bitumen and during warm or wet weather conditions. Except to the extent directly caused by our proven negligence unrelated to site conditions or your instructions, we are not liable for such damage.

7. You indemnify us against all claims, losses, liabilities and legal costs arising from or connected with On-Site Access, except to the extent directly caused by our proven negligence.

 

DELIVERY TIMES AND WAITING TIME

1. Delivery and collection times are estimates only.

2. Waiting time may be charged where delays occur due to site access issues, unloading delays, plant delays, queuing or customer unavailability.

3. If we attend and cannot safely complete the Services, call-out and waiting charges may apply.

MATERIALS AND WASTE

1. You must provide accurate descriptions of materials and waste.

2. Regulated or contaminated materials must not be supplied without prior written approval.

3. If contamination is identified, we may reject, return, quarantine or redirect the load at your cost.

4. Disposal facility reclassification or surcharge fees are payable by you.

FEES AND PAYMENT

1. You must pay all Fees as quoted or invoiced.

2. Additional charges may apply for waiting time, contamination, overweight loads, aborted attendance, access constraints, tolls or after-hours services.

3. Consumers must pay prior to dispatch unless otherwise agreed.

4. Account customers must pay in accordance with agreed trading terms.

5. You authorise us to charge additional Fees reasonably incurred and supported by documentation.
   

CANCELLATION

1. Cancellation within 24 hours of scheduled Service may incur cancellation fees.

2. If we attend and cannot complete the Service due to site access or unsafe conditions, call-out and waiting charges apply.

3. We may cancel due to safety concerns, breakdown, force majeure or operational necessity.

TITLE AND RISK

1. Title and risk in delivered materials passes upon delivery at the Delivery Location or Curb Point.

2. Title to waste passes to us upon lawful collection, subject to accurate disclosure by you.

LIABILITY

1. To the maximum extent permitted by law, we are not liable for indirect or consequential loss.

2. Our aggregate liability is limited to the Fees paid for the specific Service giving rise to the claim.

3. Nothing excludes rights under the ACL.

FORCE MAJEURE

We are not liable for delay or failure due to events beyond our reasonable control including weather, road closures, industrial action, supply chain disruption or government action.

GOVERNING LAW

These Terms are governed by the laws of New South Wales and Queensland, Australia. Where Services are supplied in New South Wales, the laws of New South Wales apply. Where Services are supplied in Queensland, the laws of Queensland apply. Each party submits to the non-exclusive jurisdiction of the courts of the applicable State.

GENERAL

These Terms constitute the entire agreement between the parties. If any provision is unenforceable, the remainder continues in force. We may subcontract performance of the Services.