Terms of Trade of Archibald's Leak Detection Services P/L

 

In These conditions:-

 

TERMS AND CONDITIONS OF TRADE

 

• 1.1  "the Company" means Archibald's Leak Detection Services Pty. Ltd., ABN 21 062 683 783, and its servants or agents.

• 1.2  "the Customer" means the buyer of the services from the company.

• 1.3a  "the Works" to identify and locate whereabouts of a concealed leak/defect as far as practicable.

• 1.3b  "the Works" means the work undertaken to locate the placement and indicative depth of underground pipes, cable,

  sewer, drainage, telephone and storage tanks, and includes the location of faults and the preparation of a report upon specific request.

• These conditions (which shall only be waived in writing signed by the company) prevail over all conditions of the Customers order (if any) to the extent of any inconsistency.

• The works undertaken by the company are sold or undertaken on these terms and conditions.

• The time for performance of the works made known to the Customer by the Company is an estimate only and the company is not liable for any loss, damage or delay occasioned by late performance or non performance of its obligations.

• The Company's Terms for payments are: immediately upon performance of the works for the Customer or, if agreed in writing by the Company, within fourteen days of the Company invoicing the Customer for the works performed.

• To the extent that is necessary for the Company to gain access to private land (the "property") to perform the works for the Customer, then:-

  6.1 The Customer warrants that it is legally able to grant that permission; and
  6.2 Grants to the Company a licence to the Company to gain access to the property to perform the works or to perform

  the works as is reasonably necessary.

• The Company takes all reasonable care in locating and marking the location of underground services and/or identifying and locating of defects however, where work is to be conducted in the vicinity of the services so marked or in any other location identified by the Company, it is the responsibility of the Customer to establish the presence or absence (as the case may be) of the services by hand excavation prior to the commencement of work. Except as provided in these conditions, the Company, shall be under no liability whatsoever to any person for loss or damage including indirect or consequential loss or damage) howsoever caused (including, without limitation, breach of contract, negligence and/or breach of statute) which may be suffered or incurred from or in connection with the works supplied by the Company.

• The Company's liability for a breach of condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than section 69) is limited to in the case of works:-
  8.1 The supply of the works again; or
  8.2 The payment of the cost of having the works supplied again.

• The Customer must supply all current (less than thirty (30) days old) Dial Before Your Dig documentation for the company's use in carrying out the works. The Company can supply a copy of these plans to the Customer upon receiving at least five (5) clear business days notice from the Customer to do so. The Company does not warrant or take responsibility for the accuracy of the plans.

• The Company will conduct the works in accordance with guidelines established by the relevant electrical, gas, water, sewerage and telecommunications authorities and the Customer must conduct its work in accordance with those guidelines and it is the responsibility of the customer to familiarize themselves with the relevant guidelines. The Company shall not be under any liability whatsoever to any reason for loss or damage (including indirect or consequential loss or damage) howsoever caused (including without limitation, breach of contract, negligence and/or breach of statute) for any breach of the guidelines by the customer.

• Without limiting the generality of the above, it is the Customer's responsibility when working above or near underground services or in any other area marked or identified by the company, to visually locate the presence of underground services or verify the absence of underground services by hand excavation or by the use of a non-destructive excavation process.

• It is the Customer's responsibility to ensure a safe working environment that complies with all Occupational Health & Safety requirements to enable the company to carry out the works.