Terms and Conditions of Trade
Upon your signing of these terms and conditions, the terms and conditions are binding and can only be amended with our written consent.
Where more than one customer has entered into this agreement the customers are jointly and severally liable for all payments of the price.
Hourly rate charges start from commencement of job, either arrival on site or at specified location such as quarry or tips, we reserve the right to charge out time required to prepare machine for the days job , such as , loading unloading machine , basic maintenance such as grease and fuel refills, any site meeting time for job description and explanation, any clean up or special circumstances requiring attention at completion of day or job
Any major mechanical breakdown or any delay that should occur due to any fault of equipment owned by Earthline Excavations will result in the billing time being stopped
the client will not be charged time again until work can commence on the job this includes
minimum call out jobs
You will ensure that we have clear and free access to the work site at all times to enable us to undertake the works. We shall not be liable for any loss or damage to the site (including, but not limited to, damage to pathways, driveways and concreted or paved or grassed areas) unless due to our negligence.
3. Utilities/services and underground locations/materials
It is your responsibility to ensure there is access to adequate power and water services on site for us to complete the works unless prior arrangements have been made with us. We assume that all electrical sources on the property are in safe and reasonable condition to handle equipment power requirements. We are not liable for any power failure, circuit damage, fire or costs associated with repair(s) to any electrical system.
Prior to us commencing any work, you must advise us of the precise location of all underground mains and services on the site and clearly mark the same. These underground mains and services include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables and oil pumping mains.
Whilst we shall use our best endeavours to take care to avoid damage to any underground mains and services, you agree to indemnify us in respect of all and any claims (howsoever arising) for loss, damage, costs and fines as a result of damage to mains and services not precisely located and identified by you.
At the time of site inspection we shall make every effort to determine the possibilities of any underground material not visible on inspection including, but not limited to, rock, concrete slabs, bricks, tree roots, rubbish, asbestos or any foreign or natural element. We are not liable for any delay, cost of removal, or damage to property caused by encountering such material. You agree that you are liable for removal of any underground material not included in our quotation.
4. New substrate
We shall attempt to start and complete a project within the allotted time frame. However, due to forces beyond our control such as inclement weather or unforeseen or unexpected delays on other sites, we cannot guarantee a project can be commenced or completed by a certain date. We are not liable for any damage or loss incurred by you for any delays in your project.
7. Default and consequences of default
We reserve our right to charge interest on overdue invoices. If we exercise this right, interest on overdue invoices will accrue daily from the date when payment becomes due until the date of payment at a rate of 2.5% per calendar month.
If your payment is dishonoured for any reason you will be liable for any dishonour fees incurred by us.
If you default in payment of any invoice when due, you will indemnify us from and against all costs and disbursements incurred by us in pursuing the debt including legal costs on a solicitor/client basis and our collection agency costs.
Without prejudice to any other rights that we may have against you, if at any time you are in breach of any obligation (including those relating to payment), we may suspend or terminate the works. We are not liable for any damage or loss that you may suffer because of us exercising our rights under this clause.
If any account remains overdue after 30 days then an amount of either $20 or 10% of the amount overdue (whichever is greater, up to a maximum of $200) will be charged to you for administration fees which sum will become immediately due and payable.
In our sole discretion, and for any reason (including, but not limited to, incremental weather and non-payment of our invoice), we may cancel and/or delay any contract to which these terms and conditions apply. We shall endeavour to notify you of any cancellation and/or delay as soon as possible. We shall not be liable for any loss or damage whatsoever arising from such cancellation and/or delay.
In the event that you cancel any contract, you will be liable for any loss incurred by us (including , but not limited to, any loss of profits) up to the time of your cancellation.
When completing a project we shall use all means possible to ensure the project is completed to the best possible standard.
If we give you (or your agent) advice or recommendations regarding the suitability of the work site for the laying of concrete slabs, foundations or similar works and such advice or recommendations are not acted upon then we shall require you (or your agent) to authorise commencement of the works in writing. We are not liable in any way whatsoever for any damage or loss that occurs after any subsequent commencement of the works.
6. Price and Payment
A non-refundable deposit of 30% of total quoted price is required. We reserve our right to not book/confirm a start date or purchase/supply any materials until deposit has been received.
We reserve the right to change the quoted price in the event of a variation to our quotation. Any variation from the scheduled works or specifications will be charged for on the basis of our quote and will be shown as a variation on the invoice. Payment for all variations must be made in full at their time of completion.
Time for payment will be of the essence and will be stated on the invoice, unless any other arrangement has been made between us and you for payment.
We accept the following methods of payment:
. Bank cheque
. Credit card (plus a surcharge of 2.5% of the price) .
. Direct credit .
. Any other method as agreed
Receipt by us of any form of payment other than cash will not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
GST (and other taxes/duties) that may be applicable will be added to the price except where they are expressly included in the price.
9. Building and Construction Industry Security of Payments Act 2004
In our sole discretion, if there are any disputes or claims for unpaid materials and/or services then the provisions of the Building and Construction Industry Security of Payments Act 2004 may apply.
If any provision of these terms and conditions will be held to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
These terms and conditions will be governed by the laws of Victoria and are subject to the jurisdiction of the Courts of Victoria.
We are not liable to you for any indirect and/or consequential loss and/or expenses suffered by you rising out of a break by us of these terms and conditions.
In the event of any breach of this contract by us, your remedies will be limited to damages which under no circumstances will exceed the total quoted price.
You are not entitled to set off against, or deduct from the total quoted price, any sums owed or claimed to be owed to you by us nor to withhold payment of any invoice because part of that invoice is in dispute.
We may license or subcontract all or any part of our rights and obligations under these terms and conditions without your consent.
We may amend these terms and conditions at any time and without prior notice to you. If we amend these terms and conditions we will notify you.
We are not liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other events beyond the reasonable control of either party.
Our delay or failure to enforce any provision of these terms and conditions will not be treated as a waiver of our rights and remedies against you.
By giving consent to EarthLine excavations to proceed with requested work you acknowledge that you have read and agree to our terms and conditions