Terms & Conditions

DEMOLITION LICENCE:

ASBESTOS LICENCE:

PUBLIC LIABILITY INSURANCE POLICY:

WC CERTIFICATE OF CURRENCY:

ABN:

AD 212085

AD212086

14100166

A15379016

11 602 418 253

Terms & Conditions

      1. Payments are to be made in the following Stages-Initial 10% Deposit of the Contract Sum

        Stage 1 Works – Commencement of Strip-Out Remediation Works

        Stage 2 Works – Heavy Machinery Delivery and Commencement of Demolition Works

        Stage 3 Works – Completion of Demolition Works and Site Preparation

      2. Non-Alteration Clause

        This agreement (“Contract”) is entered into between ANESTI EXCAVATION AND DEMOLITION PTY LTD , herein referred to as the “Contractor,” and the site owner/builder as named on contract], herein referred to as the “Client,” on [Date of Agreement], for the purpose of Demolition / Earthworks / Remediation services.

        2.1 Non-Alteration of Contract Terms:

        a) The terms and conditions of this Contract, once agreed upon and signed by both parties, shall remain unchanged throughout the duration of the project unless mutually agreed upon in writing by both the Contractor and the Client.

        b) The Client acknowledges that any alterations, modifications, or amendments to the terms and conditions of this Contract shall be considered null and void unless documented in writing and duly signed by authorized representatives of both parties.

        c) The Contractor reserves the right to make changes to the project plan, scope of work, or specifications, provided that such changes do not conflict with the terms and conditions outlined in this Contract. Any proposed changes by the Contractor must be communicated to the Client in writing for approval before implementation. 

        d) No representative of the Company, other than the Director or Office Operations, has the authority to provide any information regarding the status of any variation works including scope of works, completion dates, costing and any other related matters. Any agreement or discussion you have made with any ANESTI employees or contractors on site,  shall be null and void unless documented in writing and duly signed by authorized representatives of both parties.

        2.2 Notification of Changes:

        a) In the event that either party seeks to propose amendments or modifications to the terms and conditions of this Contract, written notice must be provided to the other party detailing the proposed changes.

        b) The Client shall have 1 day from the date of receipt of the proposed changes to review and respond in writing to the Contractor.

        c) Failure by the Client to respond within the stipulated time frame shall be construed as acceptance of the proposed changes, unless otherwise specified in writing.

        2.3 Entire Agreement:

        a) This Contract constitutes the entire agreement between the Contractor and the Client with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.

        2.4 Severability:
        a) If any provision of this Contract is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

        2.5 Execution:
        a) This Contract may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement.

        2.6 Contract Information:

        a) All items included or excluded are as per the information given to ANESTI Excavation Demolition Pty Ltd at the time of the quotation request, if there is anything to be added to, or removed from this quotation then please contact our office or Estimator at your earliest convenience.

        b) Upon acceptance of the demolition contract with ANESTI, it is your responsibility to provide the correct contact details including full name, email address and contact phone number, including a secondary contact name, email address and contact phone number.

        2.7 Job Continuity:
        a) ANESTI will be indemnified of any delays, including to necessitate any additional works and / or any emergency works for the purposes of job continuity, alongside eliminating any risk to health or safety associated with demolition or asbestos removal because of the owner being out of contact or unavailable for an unreasonable amount of time by way of email, phone number or text. The owner will be liable for staging costs alongside any associated costs because of additional works/emergency works.

      3. All permits and asbestos clearance certificate/s are available upon request, once full payment is received, inclusive of any type of additional works requested by the client or builder such as tree removal, scaffolding hire, sediment control, temporary fence hire and earthworks.

      4. This quotation has been tendered after a visual site inspection has been carried out. All surfaces have not been disturbed (broken, fractured etc.) and therefore ANESTI Excavation Demolition Pty Ltd has only allowed for a single layer of cladding, footings, slabs, paving etc.

      5. If the signed contract is cancelled prior to the commencement of any physical site works including site fencing, TPZ installation and electricity disconnection, for any reason which includes the DA/CDC for construction being rejected, an administration fee of $500.00 from the deposit is refundable. The remaining balance is absorbed by our site preparation and administration costs and, this includes all notifications, permits and consignment arrangements from EPA NSW, Safework NSW including Local Council, SWMS, WMP and review of your DA/CDC.

        1. Most residential demolition work in NSW can be authorized by the issuing of a Complying Development Certificate (CDC) by a Registered Certifier without the need to submit a Development Application (DA) to Council. The CDC is essentially a demolition permit that authorizes the demolition work to be carried out. Complying Development is the fast-track application pathway to obtain formal approval for straight forward development such as demolition work that complies with the NSW SEPP (Exempt & Complying Development Codes) 2008.

        The CDC Application process has 2 options:

        Option a) –

        Anesti Excavation and Demolition Pty Ltd can obtain the (CDC) on your behalf at a cost of $1,500 +GST. This is generally more cost effective than using a council certifier as we have a relationship with our affiliates and provide this service in bulk to many customers, alongside liaising with your builder.

        Option b) –

        Anesti Excavation and Demolition Pty Ltd can appoint the Private Certifier on your behalf to obtain the (CDC) at a cost of $1,045.00 +GST and you will be responsible for creating the application and uploading necessary documentation onto the Planning Portal and liaising with your builder.

      6. STANDING PLANT PERMITS / WORK ZONE PERMITS / KERBSIDE RESTRICTIONS / TRAFFIC MANAGEMENT PLANS may be a requirement as per the conditions of your DA/CDC. In addition, it may also be a requirement to obtain a work zone permit for the purpose of site access, for plant and trucks. You are responsible to contact your Local Council to obtain information, submit application, and provide evidence to ANESTI of the approved permit(s). In most cases when applying for a permit, you will need to provide a minimum notice period and additional assessment time by council. ANESTI Excavation Demolition Pty Ltd will not be liable for any costs or fines associated for any Standing Plant Permits / Works Zone Permits / Traffic Management Plans requirements that you have not provided to ANESTI to satisfy the conditions of your DA/CDC. Furthermore, you will be liable for any staging costs with respect to your job, whether paid or incurred by ANESTI prior to or after the date hereof, including, without limitation, costs for site preparation, operation costs and all other work in connection therewith paid by ANESTI.

      7. Consultation and Implementation of Bracing, propping, underpinning, shoring, shotcrete and supporting of the structure/s that are to remain, is the responsibility of qualified and licensed builders / structural engineers / owner / owner builder that have been contracted or have instructed or authorised us to carry out such works. Demolition will be carried out on the information provided by the above-mentioned sources. ANESTI Excavation and Demolition Pty Ltd will take all care in removing any load bearing structure or earth works; however, you indemnify us against any claims of damage or movement to your Property or adjoining neighbouring properties due to failure of implementation, erection or installation of bracing, shoring, shotcreting or any Engineering / builder / owner builder consultation or works error including propping etc. This also included the effect from removal of structures or earthworks affecting structures that are to remain on site or adjoining properties.

      8. Once the house is vacant and empty of personal possessions it is your responsibility to provide written confirmation to ANESTI that the site is EMPTY of all loose items. Any items/structures TO REMAIN on site MUST be BARRIER TAPED AND TIED SECURELY around EACH item/s, in an area that does not limit or impede access to undertake works, and made visible with a sign attached stating “DO NOT REMOVE” and images emailed to customercare@anesti.com.au. The following sign from our website link https://hubs.ly/Q01B8dhT0 is to be printed and SECURELY ATTACHED to the item/s that are to remain with the Barrier Tape securely tied. ANESTI does not take any responsibility for any items, structures, including trees or shrubs which have not been clearly labelled, and are removed by our demolition team because of your omission.There are no guarantees any item/s will be retained if the location of the item/s hinders machinery or truck access to complete our scope of works. AED will exercise discretion to remove/retain an item/s, and additional costs may be charged to the owner for the retention/removal of such item/s. Furthermore, if the machinery or attachments sizes are to be downsized or additional manual demolition is required other than the standard allowance made, additional costs will be applied.Any rubbish, furniture or household items left on site will incur extra charges $150 per m3. If there is a pool, kerosene tank and/ septic tank to be removed as part of demolition works, client is to ensure they are drained and empty in their entirety prior to site handover; In the event of inclement weather conditions occurring which requires the pool to be further drained, the client must ensure this is completed prior to demolition works commencing. Staging costs will be incurred if our team has arrived on site to commence the works as per the Demolition Contract and this is not complete. ANESTI Excavation Demolition Pty Ltd is not responsible for any tree removed if no sign, protection, ribbon, or barrier tape is not displayed on the tree.

      9. The Temporary Site Fence will be installed once we receive confirmation of the house being vacant and empty of personal possessions. We cannot provide a definitive date of temporary fence installation. The temporary safety fence will be removed from site on completion of demolition works unless long-term hire has been arranged.

      10. Site Fencing is a temporary hoarding or temporary construction site fence that is erected between the work site and adjoining lands before the works begin, and must be kept in place until after the completion of works, if the works:

        (a) could cause a danger, obstruction, or inconvenience to pedestrian or vehicular traffic, or

        (b) could cause damage to adjoining lands by falling objects, or

        (c) involve the enclosure of a public place or part of a public place.

        As per your Demolition contract Site Set Up inclusion ANESTI Excavation and Demolition Pty Ltd agrees to install the temporary fencing and abide by the DA/CDC conditions.

        If you require shade cloth for dust control measures and/ additional screening over the site fencing as part of your DA/CDC conditions, ANESTI can supply and install at a charge of $175.00+GST for installation, plus an additional charge of $5.00+GST per lineal metre of fencing for materials. Mesh screening remains for the duration of demolition service only. If you require a long-term hire, we can provide a quotation.

        If you, or your builder has agreed to install their own site fencing ANESTI Excavation and Demolition Pty Ltd will be indemnified of any fines issued by Council Authorities relating to this matter. Furthermore, a staging cost of $1,840.00 will be charged if the Site Fencing is not installed by you or the builder by the agreed start date of works and our team has arrived on site to commence the works as per the Demolition Contract. If Anesti Excavation and Demolition Pty Ltd has commenced works and there are not enough temporary fence panels to enclose the demolition site area as per DA/CDC conditions Anesti Excavation and Demolition Pty Ltd will supply panels at a cost of $120.00 per temporary fence panel, footing and bracket and $260.00 for pick-up and installation in the event you or the builder is unable to rectify on the day of notification.

        If standard site fencing is included in your quote this will be up to 20m for the duration of demolition. If additional panels are required, they will be charges at $17.50per panel.

      11. No items / Structures e.g., Windows, Doors, Floors are to be removed without prior written and signed consent from ANESTI Excavation Demolition Pty Ltd, otherwise a site fee will be charged based on the condition and hazardous state the house and site is left in. The demolition quote is based on the house in the state it was viewed in, unless otherwise stated in the quotation.

      12. We will create/need a 3.5 metre clearance in width to the site entrance for truck and machinery. We may require placing crushed brick and concrete to stabilise loading area which will remain onsite. No obstruction can be erected which minimises our access at any time. Quote will be altered to accommodate limited access, Any Water meter, Telstra pit, electricity pole or any other items in the pathway of the entrance, we will ensure that all care is taken, however if this is not available you indemnify ANESTI Excavation Demolition Pty Ltd for any damage, which may occur due to limited clearance / access. We require a 6m clearance in height to the entrance of the site for truck and machinery to safely access site. The owner/builder must ensure power and telecommunication lines are greater than this height, otherwise tiger tails must be installed by the owner/builder prior to site handover.

      13. Steel plate protection for the road, kerb and gutter can be provided at additional cost. All care will be taken when working on or around these areas. If protective measures are not in place or not requested, you indemnify ANESTI Excavation Demolition Pty Ltd for any damage not limited to road, footpaths, driveways, pipes, easements, kerb and gutter or any underground or aboveground services, including water, gas, electricity, phone/cable (Telstra pit) or sewer pits.

      14. Where front fence or footing / foundations / concrete / pavement / earth / structure is to be removed all care will be taken to ensure any underground services are not disturbed or damaged. Any underground service that is directly under the front fence or footing / foundations / concrete / pavement / earth / structure within 300mm is not the responsibility of ANESTI Excavation Demolition Pty Ltd should in the unlikely event any damage occurs.

        We conduct a Before You Dig (BYD) enquiry before the commencement of any works to identify any underground services including pipes, cables, and utilities. BYD results are limited in the level of detail provided on the map diagrams; only outlining if an asset is present on site.

        In the event there are underground assets on your site that may affect our demolition and/or earthworks you or your builder is responsible to provide additional plans such as a Storm Water Plan/Service Protection Report (SPR)/Sydney Water Tap in Report/Sewer Service Diagrams, Sewer Peg out or the relevant services plan outlining the Service Locations at your own cost, prior to the commencement of any site works. These documents / reports will provide Anesti Excavation and Demolition the detailed measurements to identify depths and levels for demolition and excavation works as per the scope of your contract.

        (a) To avoid any damages to Sydney Water Assets identified within your site boundary including but not limited to sewer line, manhole, ventilation shafts, a physical mark-up indicating precise locations on site must be provided prior to the commencement of works. It is you/your builder’s responsibility to physically mark out these assets at your own cost, and photographic evidence is to be provided to AED P/L prior to the commencement of works. If you choose to not provide these measures, Anesti Excavation & Demolition PTY LTD are indemnified from any claims, liabilities, costs, or damages incurred due to the absence of a physical mark-up. Alternatively, AED P/L can arrange to mark up these services at an additional charge of $460.00+GST.

      15. Tree Protection measures are subject to Council requirements as per your DA/CDC and the Tree Protection Plan supplied by your Arborist and must be installed prior to the commencement of any works on site; as per The Australian Standard Protection of Trees on Development Sites AS 4970-2009. Upon review of the documentation, AED can provide a quotation for the supply, installation, and hire of tree protection measures (TPZ). In the event any additional/specific requirements/conditions as per the CDC/DA/Arborist Report are not satisfied prior to commencement of works on site or during works on site, and results in any delays or stoppage of works, the owner will be liable for staging costs.Furthermore, the owner is responsible to ensure availability of the Project Arborist if supervision during demolition works is required as per the conditions/requirements of the Arborist Report. If the Project Arborist is unavailable at the time of request by ANESTI, our company will be indemnified of any damages incurred because of the unavailability of the Project Arborist. The owner will be liable for staging costs in the event ANESTI is required to stop works and wait for the Project Arborist to satisfy the requirements/conditions of CDC/DA/Arborist Report.

      16. Sediment Control (silt barrier) is subject to the conditions of the DA/CDC and must be in place prior or commencement of works or rain. AED can supply and install standard sediment control measures including silt fencing at a charge of $750+ GST up to 30 metres length – Over 30 metres are charged an additional $10.00 + GST per metre. Sediment socks inclusive. If the requirement is for coir logs a separate quote can be provided as per the specifications of the DA/CDC. Please note that these protection methods are only if required and will remain on site during and post demolition.

        With the condition that you or your builder has accepted responsibility to install sediment control measures the requirement as per our Indemnity Form isa) pre-demolition installation photographic evidence to be emailed andb) post demolition photographic evidence to be emailed.

        In the event either is not satisfied staging costs will be charged and you or your builder will be responsible for any Council Fines and /or associated costs due to any causal damages.

        On these terms if you or your builder has agreed to install their own Tree Protection and/or Sediment control ANESTI will require a signed indemnity agreement with photographic evidence of installation, prior to commencement of demolition works. The indemnity forms an agreement that ANESTI will not be held responsible for any council fines / or causal damages because of non-compliance or incorrect installation as per DA/CDC conditions. At the discretion of ANESTI, if our team has arrived on site to commence works and sediment control is not installed as per the indemnity agreement, ANESTI will supply and install sediment control measures, and this will be chargeable at $750+GST up to 30 metre length and $10 per metre thereafter and additional staging costs may apply.

      17. Disconnections of services such as Electricity, Water, Gas, NBN abolishment, Optus cable, or Sewer is the responsibility of client/ title holder. (Unless itemised in the scope of works). All services on site must be removed from site and disconnected prior to demolition.Gas abolishment of the meter and disconnection of services from the street mains, including abolishment of NBN service, power supply and collection of NBN asset can only be requested by the owner/title holder of the property. The owner/title has the responsibility to contact the service provider’s and the timeframes for completion are 4-6 weeks. It is mandatory that email confirmation and photographic evidence is provided to ANESTI confirming that the service/s are abolished. In the event ANESTI has arrived on site and the abolishment of gas and NBN is not completed staging costs will apply, and the owner will be responsible for any Council Fines and /or associated costs due to any causal damages. No temporary power poles or temporary power supply are to be connected to site during our scope of works. If you do install both must be disconnected and pole removed prior to the commencement of our works. Our machinery WILL remove and dispose of the pole if left on site.

      18. All structures that are not double brick or sandstone are quoted with gyprock lining on walls and ceilings unless otherwise stated on our quote. ANESTI Excavation Demolition Pty Ltd when making allowances for suspended slabs or slabs on ground assume the concrete is a pure product, meaning no timbers; foam or rubbish contaminants including hazardous materials are poured within or attached to the concrete product. If ANESTI Excavation Demolition Pty Ltd comes across this situation with contamination additional charges will be applied to compensate for the additional tipping / transport fees and time to process.

      19. Concealed materials not brought to our attention WILL incur an additional cost. It is the owners/client’s responsibility to advise ANESTI Excavation Demolition Pty Ltd of the locations of all the Asbestos contaminated materials at time of Inspection if a Hazardous materials register is not available at tender time. All though the materials may be visible by eye at the site visit time it is not ANESTI Excavation Demolition Pty Ltd responsibility to judge what is and is not hazardous and we rely solely on information of contaminants and locations by the owner/Client. This includes buried building materials and/or Asbestos. If your house has a lining of Asbestos that is not brought to our attention or concealed, this WILL also incur an additional cost. All Asbestos Contaminants that are allowed for in our quotations are clearly itemised in our Scope of Works, any contaminated materials not itemised in the Scope will be deemed a variation to contract if located on or after commencement of demolition on the site. If these issues are relevant at time of demolition, we will contact you immediately for further instructions.

      20. All footings and piers allowed for in the quotation are standard. Footings and piers will be removed to the standard depth of 600mm below surface level. Any deep piers, including sandstone, rock, or concrete will incur extra charges. If any deep piers greater than 600mm are found or are embedded in rock they will remain in ground, we will contact you with the additional cost and further instructions for removal.

      21. Where there is displacement of soil when footings and piers are removed, it will be to the discretion of ANESTI Excavation Demolition Pty Ltd to back fill and arrange for the delivery to site. The site levels will change from the original contour survey plan due to the removal of structures; we endeavour to return the site to natural gradients of the sloping land where applicable; it is the builders/owner’s responsibility to return the levels to original contour survey or bench the site in preparation for the new build. If site is saturated due to moisture/wet weather conditions best efforts will be used to level off site without compaction.

      22. If the job requires any concrete cutting to avoid damage to fencing or neighbour’s property or surrounding buildings, ANESTI Excavation Demolition Pty Ltd will charge an additional $350.00+GST for site set up establishment fee, and $40.00+GST per lineal metre. If the job requires a ring saw, track sawing or handheld sawing the quote may vary at the time of works being conducted and or upon completion, based on depths and lineal metres needed, or the owner may wish to organise their own concrete cutter contractor prior to our team commencing work.

      23. ANESTI Excavation Demolition Pty Ltd will take all care where possible but cannot guarantee the condition of the existing fence lines will remain solid due to earth movement and removal of structures or items to necessitate the scope of works, and therefore cannot accept liability for the cost of repair to any bordering fencing, retaining walls and neighbouring structures. Any bordering fencing, retaining walls and neighbouring structures that may be affected by the removal of surrounding concrete, spoil, bush, trees, and shrubs will be the responsibility of the owner to replace and stabilize and ensure the fence is left in a safe condition during construction.

        The removal of any boundary retaining walls and shared boundary fencing is not included in the demolition scope of works unless formally requested by the client and stated in the quotation. If the removal of a shared boundary fence or retaining wall is to be included in the demolition scope of works, this requires a written notice between the concerned neighbours to carry out fence work, (please refer to Dividing Fences Act 1991 (DFA) Part 3. Item 11). The written notice forms an agreement and must be supplied by the client via email to customercare@anesti.com.au prior to the commencement of any works.

      24. Payment in FULL on day of completion. ANESTI Excavation Demolition Pty Ltd will seek interest-calculated daily until all moneys outstanding are paid in full. If machinery is on site a further down time rate of $500.00 per day per machine will apply. This quotation is issued subject to the provisions of the Building Construction Industry Security of Payments Act 1999, NSW.

      25. Machinery and Equipment cannot be moved or utilized on site without permission, hire agreement, or prior knowledge to Anesti Excavation and Demolition Pty Ltd (AED). Our company is responsible to adhere to Safework NSW Code of Practice “MOVING PLANT ON CONSTRUCTION SITES”. Unauthorised use of (AED) plant and equipment by workers not employed by AED can incur legal liability due to damages/injury.

      26. Business continuity: under no circumstance can you / Builder add or replace terms or conditions to the contract/agreement or procedures that would cause delay / obstruction to our machinery / labor or our works in any way, whether it be through material / plant / vehicle or engagement of professional services such as architect, surveyor, engineer, hygienist, builder, arborist, scaffolding contractor, pool contractor, council, including Safe Work NSW without prior written acceptance by us. In breach of this term, we will seek compensation for any financial loss. All council fines are to be paid by the client if they relate to specific local council DA conditions such as but not limited to any approval without consent, or any other DA conditions.Complying Development (DA/CDC) is subject to conditions of approval to protect surrounding uses during construction period and the life of the complying development

        After approval for works to commence have been received by the Builder/Owner and confirmed to ANESTI in writing, ANESTI is indemnified of any non-compliance that has been identified by regulatory authorities e.g., Council, Safe work, due to any administrative errors, omission of information, or falsifying documentation by the PCA or Builder/Owner and has directly resulted in stoppage of works on site and /or council fines.

        If the Owner/Builder causes an extended delay in the completion of the demolition service ANESTI agrees to establish the delay and identify the cause of the delay as an act, default, or omission of the owner/builder. Anesti also agrees to identify the delay damages including but not limited to resubmission of Safe Work NSW permits, Neighbour Notifications and all other job scheduling administrative tasks;  the Builder/Owner acknowledges and accepts responsibility that delay damages will be  applied  and determined as per the cause and establishment of the delay.

        A stoppage of works on site can incur the following–

        a). Staging costs are applicable and chargeable at an hourly rate at the confirmed time of stoppage of works as per ANESTI schedule of rates. The stand down rate/s is associated with heavy machinery, trucks, and labour and available upon the time of quotation/request. Site Works can only resume after acceptance of staging costs is received by ANESTI.

        b). In the event of a delayed stoppage ANESTI can float out heavy machinery out of the site. To resume site works, our office will require written confirmation that works can proceed as per compliance of your CDC conditions. To float machinery back to site ANESTI requires written confirmation of an agreed timeframe between ANESTI and the Builder/Owner. The floatage cost is determined at the time of quotation/request as per ANESTI schedule of rates.

      27. Payment terms are strictly payment on completion of demolition works on site by Electronic Funds Transfer (EFT), Bank cheque or in person payment.

      28. If a variation to contract is located on the day of commencement or after commencement of the project the following steps will be taken, and the following 3 options be provided to the client.

        STEPS:

        a) A written quotation and lump sum costing for the additional work will be provided to the owner/client.

        b) The owner/client agrees to this quotation scope and cost and signs and returns this document prior to any additional works taking place.

        c) ANESTI Excavation Demolition Pty Ltd will exercise the Variation works and complete the variation works and have the client sign off the works as completed.

        OPTIONS:

        1) The owner/ client Agrees to the Variation document/scope and cost and signs off the variation and ANESTI Excavation Demolition Pty Ltd commences the Variation.

        2) The owner / client decides to seek alternate prices for the variation component and engages another contractor to commence and exercise the variation. This Process would include the following steps to be taken by the owner/client and ANESTI Demolition Pty Ltd prior to commencement.

        –  OWNER/CLIENT (Asbestos Related only)

        a) Attaining a Contaminated materials report register by an accredited independent contractor prior to the contaminated removal by the subcontractor engaged to perform the variation and forwarding this to ANESTI Excavation Demolition Pty Ltd.

        b) Attaining a Clearance report by an Independent accredited subcontractor other than the subcontractor that performed the Contaminated

        – ANESTI EXCAVATION DEMOLITION PTY LTD

        a) Retraction of the existing Asbestos Demolition Permits from work cover prior to the commencement of the removal by alternate subcontractor.

        b) Notification to surrounding neighbors that ANESTI Excavation Demolition Pty Ltd will be removing themselves from site and that an alternate subcontractor will be engaged by the owner to execute works on the site prior to the commencement of the removal by alternate subcontractor.

        c) Notification to local council that ANESTI Excavation Demolition Pty Ltd will be removing themselves from site and that an alternate subcontractor will be engaged by the owner to execute works on the site prior to the commencement of the removal by alternate subcontractor.

        NOTE: This procedure will incur a cost to reinstate permits, to notify neighboring properties again and council if ANESTI Excavation Demolition Pty Ltd is engaged to complete the Asbestos Demolition works after the Alternate Subcontractor exits site.

        The owner/client decides not to agree to have either of the options provided above therefor there is no other option but to have an alternate contractor complete the Asbestos removal and Demolition. At this point ANESTI Excavation Demolition Pty Ltd will work out what exactly what resources have been used to date and come to a figure that is owed for the completed works to date and this will be paid in full by the owner/ client to ANESTI Excavation Demolition Pty Ltd prior to ANESTI Excavation Demolition Pty Ltd removing themselves from the site.

      29. Once the Estimator has completed his final inspection of the existing dwelling on site the house in its entirety is noted at the time of inspection. ANESTI Excavation Demolition Pty Ltd considers the status of the existing dwelling with all the internal and external items for resale or salvage. ANESTI Excavation Demolition Pty Ltd recycles the materials in and on the house 100% and relies on that the house remains in the same order as inspection time and that the Owner/client does not strip the house of items for reuse or resale without informing the estimator prior to contract acceptance. Failure to do so can result in termination of contract prior to commencing the demolition or additional charges to make up the short fall to the contract amount

      30. Above on the Quotation field there is a text box named Special Notes, this is an area where the estimator will make general notes that will relate to the job and that are compiled through information received by the Estimator from the Owner / Client through conversation prior to commencement on site.

      31. The above quotation is valid for 30 days from the date of issue and subject to review, due to increases in Government levies and tipping costs. If wishing to proceed with this quote after 30 days of issue, please advise AED Pty Ltd to review the quoted amount before signing the agreement; to ensure any rises in costs have been factored into the quote. All signed agreements for which a deposit has been paid and expected works have notbeen scheduled to commence within 90 days or to the end of financial year/mid financial year will also be subject to revisions, to ensure the quoted amounts reflect current government levies and tipping cost increases.

      32. AED standard allowances for structure demolition is the manual removal of asbestos and roof tiles, the remainder of the structures are deconstructed with a 23-ton hydraulic Excavator, unless specified and allowances have been made by ANESTI Excavation Demolition Pty Ltd within this quotation. If the machinery or attachments sizes are to be downsized or additional manual demolition is required other than the standard allowance made, under the direction of engineers / builder / client’s request, additional costs will be applied.

      33. If electricity and meter removal from power pole is included in your quotation this is in reference to a standard connection i.e., a direct connection of the power line from house to the power pole. Where there is a non-standard electricity connection i.e., underground, flying fox or mid span connection, where specialized equipment is required to complete the disconnection, additional charges will be incurred and will be advised at the time of disconnection once inspected and service disconnection is completed by our L2 electrician.

      34. If you wish for ANESTI Excavation and Demolition Pty Ltd to proceed with demolition works prior to receiving your approved DA/CDC for Construction OR choose to not supply this document for perusal, you indemnify ANESTI Excavation and Demolition Pty Ltd of any local council fines, regulations and / or associated costs; as stipulated in the Conditions of the DA/CDC for Construction, due to failure of not providing this document for our reference and review.

      35. ANESTI Excavation and Demolition Pty Ltd will not be held liable or responsible for any staging costs or delays with site handover to builder and or other subcontractors. It is your responsibility to consult with ANESTI Excavation and Demolition Pty Ltd prior to the commencement of works, to discuss our timeframes and schedule for demolition prior to locking in works with future contractors for your project.

      36. By providing written confirmation to ANESTI Excavation and Demolition Pty Ltd the house is vacant and empty:

        (a) It allows our company to install the site fencing in preparation for the Demolition service as per the Contractual agreement.

        (b) From this confirmation provided ANESTI Excavation and Demolition is not liable for any damages to the property intended for Demolition as per the Demolition Contract.

        (c) You cannot at any time enter the site without permission granted by ANESTI Excavation & Demolition via written confirmation.

      37. Commencement of Work and Site Possession: Following the express consent granted by The Site Owner/Builder to initiate demolition and asbestos removal operations, Anesti Excavation and Demolition shall assume control and possession of the site. This control is for the explicit purpose of executing necessary tasks including site setup, asbestos removal, and demolition works.

      38. Prohibition of Unauthorized Site Access: In accordance with the Safework NSW Government Codes of Practice in Demolition Work and the guidelines outlined in ‘How to Manage and Control Asbestos in the Workplace,’ The Site Owner/Builder is categorically prohibited from entering the site during the aforementioned operations.

      39. Responsibilities of PCBU: The Person Conducting a Business or Undertaking (PCBU), who assumes control of the workplace (site), is vested with specific responsibilities, especially in scenarios involving the presence of asbestos. These responsibilities encompass, but are not limited to, ensuring the identification of all asbestos or asbestos-containing material (ACM) at the workplace by a competent person, as stipulated under WHS Regulation Clause 451. This identification process is obligatory irrespective of whether asbestos is known to be present or is assumed to be present.

      40. Establishment of Exclusion Zones: To safeguard the work area and restrict access of unauthorized personnel, exclusion zones shall be implemented. These zones are critical in isolating the work area from the Site Owner, the public, and other unauthorized entities. Measures to reinforce these zones may include, but are not limited to, the erection of hoarding, security fencing, containment sheets and mesh, an overhead protective structure, road closures, and other specified exclusion zones as deemed necessary.

      41. Security and Monitoring: Unauthorized entry into a demolition workplace presents significant hazards that could potentially lead to fatal or severe injuries. It is the duty of the PCBU, who may be either a principal contractor or a demolition contractor, to ensure, to the extent reasonably practicable, that the workplace is secured against unauthorized access. This includes monitoring of all entry and exit points throughout the duration of the demolition work.

      42. ANESTI Excavation and Demolition abides by the Demolition Code of Practice developed by Safe Work Australia and the Australian Standard of Demolition Structures AS 2601-2001. With the completion of Site Preparation Services, the Demolition debris that is left over from the shaker bucket including small broken bricks, roof tiles, concrete, paving etc is considered building waste and remains on the site surface. Our excavator machines track or back-blade (due to wet site conditions)- the demolished area, to ensure nothing is onsite other than small demolition debris that cannot be caught by the shaker bucket.

      43. Upon completion of any Demolition, Remediation and Site Preparation Services by Anesti Excavation and Demolition Pty Ltd and if applicable, a Clearance certificate from a Licensed Asbestos Assessor the contractual agreement ceases. In the event of any new, unexpected or Additional Asbestos, or Additional Site Preparation required on site after ANESTI Excavation and Demolition Pty Ltd have completed the contractual services, ANESTI Excavation and Demolition will adhere to company procedures with an agreed site visit, followed by a quotation to engage relevant services. Once the quotation is signed and accepted this will form a new contractual agreement.
 
Earthworks

GENERAL OBLIGATIONS 

1.1 Anesti Excavation and Demolition will carry out and complete the Works in accordance with this Purchase Order. 

1.2 Subject to Anesti Excavation and Demolition’s compliance with the Purchase Order, the Client must pay Anesti Excavation and Demolition the Purchase Order Sum (as adjusted) for performance of the Works. 

PERFORMANCE & PROGRESS 

2.1 The Client must: 

(a) provide Anesti Excavation and Demolition with all reasonable and necessary access to the Site on and from the Date of Commencement to enable Anesti Excavation and Demolition to achieve Practical Completion by the Date for Practical Completion. 

(b) procure all required Approvals for the Works in a timely manner including consents to access adjoining land that may be required to perform the Works; and

(c) provide Anesti Excavation and Demolition with all necessary information to perform the Works including site boundary details and surveys, RL levels and the precise location of underground services. Any rectification to damage to kerb/gutter/crossovers/footpaths. 

2.2 The Client may inspect the Works provided that it gives Anesti Excavation and Demolition at least 5 Business Days prior written notice and complies with any work, health and safety directions when accessing the Site.

2.3 Subject to the Client’s strict compliance with the terms of this Purchase Order, Anesti Excavation and Demolition must: 

(a) use best endeavours to complete the Works to achieve Practical Completion by the Date for Practical Completion. 

(b) proceed with the Works with due care and skill and to a standard of diligence that is reasonably expected from a contractor, qualified in carrying out such work; and 

(c) comply with WH&S Legislation when performing the Works but shall not assume the role of the principal contractor at the Site unless otherwise agreed with the Client.

2.4 Anesti Excavation and Demolition warrants that any design, materials, documents, or methods it provides will not infringe any third-party intellectual property rights.

2.5 Anesti Excavation and Demolition is entitled to a reasonable extension of time (EOT) to the Date for Practical Completion if the Works are delayed by a cause beyond the sole control of Anesti Excavation and Demolition including: 

(a) Variation.

(b) Latent Condition

(c) failure to give access on and from the Date of Commencement. 

(d) inclement weather.

(e) an industrial dispute.

(f) suspension. 

(g) anything done or not done by the Client or any of its employees, agents or representatives; 

(h) delays in getting an Approval; 

(i) adjoining neighbour delays including consent or Approval to install ground anchors; or 

(j) an act of God, fire, explosion, or earthquake. 

2.6 For every EOT obtained by Anesti Excavation and Demolition under clause 2.5, Anesti Excavation and Demolition will also be entitled to delay damages, being the actual increase in costs incurred by Anesti Excavation and Demolition as a result of each day the Works are delayed. The delay damages shall be payable by the Client in any Payment Claim submitted in the following month after the delay damages are incurred.

LATENT CONDITIONS

3.1 If Anesti Excavation and Demolition becomes aware of a Latent Condition during performance of the Works, it must within 5 Business Days of becoming aware, and before disturbing the Latent Condition, give the Client written notice setting out: 

(a) the cost Anesti Excavation and Demolition will incur in overcoming the Latent Condition (if any) based on reasonable market rates at that time; and

(b) the effect (including extent) that the Latent Condition will have on Anesti Excavation and Demolition’s ability to reach Practical Completion by the Date for Practical Completion (if any). 

3.2 Following receipt of Anesti Excavation and Demolition’s notice, the Client shall, acting reasonably, approve the costs set out in the claim and direct a Variation under clause 4. 4

VARIATIONS

4.1 The Client may issue a written notice of Variation requesting Anesti Excavation and Demolition to perform a Variation to the Works. Anesti Excavation and Demolition is under no obligation to carry out a client requested Variation unless it is reasonably able to do so having regard to resources and time it has available at the time the Variation is requested. 

4.2 If Anesti Excavation and Demolition determines that it is reasonably able to perform the Variation requested by the Client, it will issue a Variation claim setting out the costs it will incur in performing the Variation based on market rates together with the reasonable EOT it requires to the Date for Practical Completion. Upon receipt of a Variation Claim, the Client must, acting reasonably, approve the Variation Claim or withdraw the Variation request. 

4.3 If any information (including in relation to site set out, location of underground services, survey details or RL levels) issued by the Client contains errors or discrepancies, Anesti Excavation and Demolition will be entitled to a deemed Variation to address those errors and discrepancies. 

4.4 The costs of a Variation performed under this clause 4, shall be payable by the Client in any Payment Claim submitted in following the month after the Variation is performed.

4.5 Anesti Excavation and Demolition shall be entitled to claim an increase to the Purchase Order Sum if Anesti Excavation and Demolition incurs an increased cost in labour and/or materials greater than that which it allowed for in the Purchase Order Sum, as a direct consequence of changes in economic or market conditions outside the control of Anesti Excavation and Demolition having regard to the steps a competent contractor in its the position would take in respect to mitigating additional costs. 

4.6 The adjustments made to the Purchase Order Sum shall be deemed payable and claimed in any Payment Claim submitted in the following month after the increased cost has been incurred. 

PRACTICAL COMPLETION

5.1 Anesti Excavation and Demolition shall maintain the Works until Practical Completion. 

5.2 Anesti Excavation and Demolition must give the Client a notice of Practical Completion at least 5 Business Days prior to Practical Completion being reached (Notice of Practical Completion) which:

(a) states Anesti Excavation and Demolition’s assessment of the date of Practical Completion.

(b) states the date and time for the Client to meet Anesti Excavation and Demolition on the Site to carry out an inspection of the Works; and 

(c) includes Anesti Excavation and Demolition’s final Payment Claim for completion of Works up to Practical Completion. 

5.3 The Client must meet Anesti Excavation and Demolition on the Site for the inspection at the date and time stated by Anesti Excavation and Demolition in the Notice of Practical Completion or at a date and time otherwise agreed with Anesti Excavation and Demolition and either: 

(a) pay the amount of the final Payment Claim. 

(b) if the Client believes that the Works have not reached Practical Completion, give Anesti Excavation and Demolition a written notice detailing anything to be done to reach Practical Completion. 

5.4 If the Client pays the amount of the final Payment Claim, the date of Practical Completion stated in the Notice of Practical Completion is deemed to be the Date of Practical Completion.

5.5 If the Client gives Anesti Excavation and Demolition a notice of work to be completed: 

(a) Anesti Excavation and Demolition must carry out any work required for Practical Completion and give the Client a further Notice of Practical Completion; or 

(b) if Anesti Excavation and Demolition does not agree that there is any further work to be carried out to reach Practical Completion Anesti Excavation and Demolition:

      (i)must give the Client written notice rejecting the Client’s notice. In this case, such a notice will also serve as notice of the matters in dispute for the purposes of clause 11; and 

      (ii)is not obliged to carry out any further work on the Site while the dispute remains unresolved. 

5.6 If the Client does not pay the amount of the final Payment Claim under clause 5.2(c) or give Anesti Excavation and Demolition a notice under clause 5.5: 

(a) the amount of the final Payment Claim is deemed to be a debt due and owing from the Client to Anesti Excavation and Demolition. 

(b) the date of Practical Completion stated in the Notice of Practical Completion is deemed to be the Date of Practical Completion; and 

(c) the Client acknowledges the Works have reached Practical Completion. 

5.7 On the Client paying the final Payment Claim, Anesti Excavation and Demolition must give any relevant certificates, warranty documentation for the Works to the Client.

5.8 Anesti Excavation and Demolition shall not be liable to the Client for any damages (liquidated or otherwise) for failing to reach Practical Completion by the Date for Practical Completion (as adjusted by clause 2.5).

DEFECTS LIABILITY PERIOD 

6.1 The Defects Liability Period shall commence at 4:00pm on the Date of Practical Completion and continue 12 months thereafter. 

6.2 The Client will be responsible for the care of the whole of the Works from the Date of Practical Completion.

6.3 At any time during the Defects Liability Period, the Client, acting reasonably, may direct Anesti Excavation and Demolition to rectify any Defect. Anesti Excavation and Demolition shall comply with that direction within a reasonable time. 

6.4 The Client must provide Anesti Excavation and Demolition with reasonable access to carry out the necessary rectification work.

DEPOSIT AND PAYMENT 

7.1 If the Purchase Order Details require the payment of a deposit by the Client, the Client must pay that deposit amount within 10 Business Days of execution of this Purchase Order. Anesti Excavation and Demolition has no obligation to commence any work until this deposit has been paid by the Client. 

7.2 Anesti Excavation and Demolition will shall submit a Payment Claim at the intervals set out in the Purchase Order Details or if nothing is stated, at the end of each month setting out the details and calculations in support of all amounts it claims to enable the Client to determine the amounts payable under the Purchase Order. 

7.3 The Client must assess the Payment Claim (or the final Payment Claim if applicable) and issue Anesti Excavation and Demolition with a payment schedule (or final payment schedule) within 10 Business Days. 

7.4 The Client shall pay Anesti Excavation and Demolition in accordance with the Payment Claim within the time specified in the Purchase Order Details or if nothing is stated, within 15 business days of the date of the payment claim. 

7.5 A failure to make a payment by the due date will entitle Anesti Excavation and Demolition to immediately suspend works on Site until payment has been made in full.

7.6 The Client shall not be entitled to set off any amounts which Anesti Excavation and Demolition is entitled to under a Payment Claim. 

7.7 Anesti Excavation and Demolition will be entitled to interest on all unpaid Payment Claims at a rate of 5% above the Reserve Bank cash rate at that relevant time.

7.8 The Client is not entitled to withhold any retention from a Payment Claim. 

INSURANCES

8.1 The Client shall take out contract works insurance that covers the Works. 

8.2 Both Parties must take out public liability insurance (in relation to third party bodily injury and third-party property damage) and workers compensation insurance as required by the laws of New South Wales.

8.3 Anesti Excavation and Demolition shall provide a copy of its certificates of currency of insurance on reasonable request by the Client.

LIABILITY AND INDEMNITIES

9.1 The Client indemnifies Anesti Excavation and Demolition from and against any liability in respect of: 

(a) any breach of the terms of this Purchase Order. 

(b) loss, destruction or damage to or of any real or personal property and the Work; 

(c) claims in respect of personal injury, illness, or death. 

(d) loss and damage (including third party loss) as a result of damage to services not precisely located in the documentation provided by the Client to Anesti Excavation and Demolition at the time of contract execution. 

(e) any negligence or wilful act or omission by the Client; and

(f) without limiting subclause 9.1(d), any third-party claims or actions brought against Anesti Excavation and Demolition including claims for damage caused by Anesti Excavation and Demolition when accessing the Site (including pathways, driveways, or grassed areas). 

9.2 Anesti Excavation and Demolition’s total aggregate liability to the Client is limited to the amount equal to 100% of the Purchase Order Sum.

GUARANTORS

10.1 The Guarantor/s irrevocably and unconditionally guarantees to Anesti Excavation and Demolition the: 

(a) payment of the money owing from the Client to Anesti Excavation and Demolition that remains outstanding for a period of 30 business days; and/or 

(b) performance of the Client’s obligations under this Purchase Order on time.

10.2 The Guarantor indemnifies the Client against any liability in connection with or arising from any breach or default or attempted breach or default by the Client of its obligations under this Purchase Order. The Guarantor must pay on demand any money due to Anesti Excavation and Demolition by reason of this indemnity including the balance of the Purchase Order Sum.

BREACH AND TERMINATION

11.1 If either party commits a substantial breach of the terms of this Purchase Order which is capable of rectification, the other party may issue a notice of breach (Notice of Breach) specifying the breach and requiring the breach to be rectified within a reasonable time. 

11.2 If the Client fails to rectify a breach specified in a Notice of Breach within the time stated therein, Anesti Excavation and Demolition may suspend the Works until the breach is rectified. If a period of a further 30 Business Days has passed, Anesti Excavation and Demolition may terminate the Purchase Order and remove its plant and equipment from the Site. All costs associated with the completion of the Works that remains unpaid at that time together with the costs of the suspension, termination and removal of the plant and equipment, shall become a debt due and payable to Anesti Excavation and Demolition by the Client. 

11.3 Anesti Excavation and Demolition may terminate the Purchase Order immediately if the Client suffers an insolvency event as defined by the Corporations Act 2001 (Cth).

DISPUTE RESOLUTION

12.1 If a difference or dispute between the Parties arises in connection with the subject matter of this Purchase Order then either Party shall, by hand or registered post, give the other Party a written notice of dispute adequately identifying and providing details of the dispute.

12.2 Within 14 Business Days after receiving a notice of dispute the Parties shall confer at least once to attempt to resolve the dispute or to agree on methods of doing so. At every such conference each Party shall be represented by a person having authority to agree to such resolution or methods. All aspects of every such conference except the fact of occurrence shall be privileged.

12.3 If the Parties are unable to resolve the dispute or reach Purchase Order on a method to do so within 15 Business Days (or such longer period as agreed by the Parties) after the notice of dispute is served, then the dispute must be referred to Expert Determination by the Resolution Institute for a binding determination of the dispute or difference. 

12.4 The Expert Determination is a mandatory dispute resolution process and shall be conducted in accordance with the Resolution Institute’s expert determination rules current as at the time the dispute or difference arises.

NOTICES 

13.1 A notice under this Purchase Order must be in writing, must be addressed to a Party, must be signed for the Party giving it by the Party’s authorised officer, attorney or solicitor and must be: 

(a) delivered personally to a Party, or sent by prepaid post to that person’s address as set out in the Purchase Order Details; or

(b) emailed to a Party to the email address set out in the Purchase Order Details.

GENERAL

14.1 This Purchase Order is governed by the laws of New South Wales.

14.2 This Purchase Order supersedes previous Purchase Orders in respect of its subject matter and this Purchase Order embodies the entire Purchase Order between the Parties. 

14.3 Any variation or amendment of this Purchase Order must be in writing and signed by both Parties. 

14.4 A Party may only waive a right in writing. 

14.5 The Client must not assign the whole or part of its obligations under this Purchase Order to a third party. 

14.6 This Purchase Order may be executed in counterparts.

DEFINITIONS

15.1 Approval means any authorisation, assessment, accreditation, determination, registration, clearance, permit, licence, consent, certificate, or other approval obtained or required or applying in connection with anything required or permitted to be done by the Client under this Purchase Order. 

15.2 Business Day means a day which is not a Saturday, Sunday, or public holiday in New South Wales. 

15.3 Claim means any claim, entitlement, action, suit, cause of action, cost, expense, demand or liability, whether by way of indemnity, under contract, in equity, under statute, in tort or otherwise and any other liability of any nature (and includes any entitlement to an increase in the Purchase Order Sum);

15.4 Client means the Client specified in the Purchase Order Details. 

15.5 Date of Commencement means the date of commencement set out in the Purchase Order Details. 

15.6 Date for Practical Completion means the target completion date set out in the Purchase Order Details.

15.7 Date of Practical Completion means the date when the Works achieve Practical Completion; 

15.8 Defect means any error, deficiency, omission, non-conformity, fault, failure, irregularity, or defect (including shrinkage, expansion, fading or settlement) in the Works. 

15.9 Anesti Excavation and Demolition means Anesti Excavation and Demolition Pty Ltd ACN 602 418 253

15.10 Notice of Practical Completion has the meaning given in clause 3. 

15.11 Latent Condition means any conditions on or within the Site (such as rock or contamination) which could not have been contemplated at the time of tender on reasonable inspection. 

15.12 Party means a party to this Purchase Order.

15.13 Payment Claim means a monthly payment claim for the value of the Works completed in the preceding month calculated in accordance with the Purchase Order Sum (as adjusted in accordance with this Purchase Order). 

15.14 Practical Completion is that stage in the Works where the Works is complete, supplied, and capable of use and free from any Defects (except for minor Defects which do not prevent the Works from being capable of being used). 

15.15 Purchase Order means this document.

15.16 Purchase Order Details means the document entitled “Purchase Order Details” attached to this Purchase Order. 

15.17 Purchase Order Sum means the lump sum specified in the Purchase Order Details.

<p15.18 Site means the address in the Purchase Order Details. </p

15.19 Works means the work described generally in the Purchase Order Details (including the documents, drawings and reports referenced therein) and all work and activities that are necessary or incidental to that work. 

15.20 Variation means a variation to the scope of works comprising the Works as set out in the Purchase Order

 

Our Mission

‘With a focus on delivering the highest quality residential demolition services in Sydney within the set budget and time frame, ANESTI Excavation & Demolition are your #1 experts for all demolition jobs. We have been noticed by many builders across the state as a superior team as you can see below. We have a highly trained team with over 30 years experience who know the importance of completing a flawless demolition and minimising any errors to make YOU the customer satisfied!’

A few of our clients