Introduction.

  1. The terms and condition are subject to change without notice. 
  2. These standard terms and conditions apply to all services that we perform These terms are called “this agreement”.
  3. Certain presentations, documents and reports will contain their own specific terms and conditions. They are an in addition to and not a replacement of this agreement. These are called “report terms and conditions”.
  4. For the purposes of the agreement and report terms and conditions “Soil Industries” includes the Directors, employees and all related entities of Soil Industries.

Your Obligations.

  1. You understand the scope of work to be undertaken. You are responsible to ensure that the scope covers all of your requirements.
  2. You will provide Soil Industries promptly with such information as may reasonably be required or publicly alliable for the proper performance of the services.
  3. Soil Industries accepts no responsibility for the accuracy of any information or documentation supplied you, your agents or any third party that may have been used in the provision of this report. Soil Industries accepts no liability for any additional costs or consequences if any information supplied is inappropriate, incomplete, inaccurate or contains errors.
  4. Soil Industries shall be entitled to rely upon the accuracy of all information provided by your agents or any third party, without independently verifying it.
  5. You shall retain responsibility for the use of, or reliance on, advice or recommendations supplied by us in the delivery of the services.
  6. You undertake that, if anything occurs after information is provided by you to Soil Industries, to render such information untrue, unfair or misleading, you will promptly notify Soil Industries and, if required by Soil Industries, take all necessary steps to correct any announcement, communication or document issued which contains, refers to or is based upon, such information.

Communication and Email

  1. No reliance should be placed by you on any oral, draft or interim advice, reports or presentations. 
  2. Written advice shall take precedence over all forms of other communication.
  3. Soil Industries shall not be under any obligation in any circumstance to update any advice or report, oral or written, for events occurring after the advice or report has been issued in final form.
  4. When any document are transmitted electronically, you agree to release us from any claim you may have as a result of any unauthorised copying, recording, reading, delivery to incorrect recipient or interference with that document after transmission, for any delay or non-delivery of any document and for any damage caused to your system or any files by the transmission (including by any computer virus).

Fees and Payment Terms

  1. Disbursements incurred in connection with the engagement will be charged to you.
  2. The consideration payable for any supply made or to be made under this Agreement is exclusive of, any goods and services tax (“GST”), unless otherwise specifically stated.
  3. Accounts are to be paid within 7 days of the billing date. Interest is payable on any outstanding amounts (calculated from the billing date) after 7 days at a rate of 10% p/a. Payment claims are made under (but not limited to) the Building and Construction Industry & Security of Payment Act 2002.
  4. You will be responsible for payment of all legal fees & debt collector’s commissions, office administration, staff and travel time incurred in the event that Soil Industries is required to take recovery action against you.
  5. Where a job is cancelled after booking a cancellation fee of $75+GST will apply.
  6. Where a job is cancelled after fieldwork has been completed a fee of 80% of the original fee amount will be charged. 100% of any travel fees will be charged.
  7. Where Soil Industries attends a site attend and safe access is not available to the site a call out fee of $150+GST plus any additional travel fees will be charged. 
  8. All and any documentation, presentations or reports are in draft from until all associated accounts are paid in full. Pursuant to this no document in draft form may be used for design work, costing or be included as part of a building or planning permit.
  9. Non-account customers may be required to pay associated accounts before issuing of any work

Job Quotation

  1. Job quotations are valid for 28 days from date of issue.
  2. Any on-site job scope changes requiring additional work or equipment may result in additional charges.
  3. Any delays outside the field staffs control where work cannot proceed exceeding 15 minutes will be charged at the standby rate. ($62.50+GST per 15 minute blocs). This includes inductions, inclement weather, waiting for site access, waiting for instruction etc.
  4. Where adverse ground condition are encountered additional work may be required beyond what is supplied on a job quotation. Any additional work required constitutes a change of job scope. You will required to accept any additional costs before any additional work commences.
  5. Unless noted otherwise the maximum depth drilled will be 1.8m. Additional meterage fees of $50+GST per meter may apply for deeper drilling.
  6. The Job Estimate assumes that there are no safety concerns at the drill collar. Waiting for the site to be made safe will incur a stand-by fee.
  7. Unless stated otherwise the Job Estimate makes no provision for access to power or water. If they are required. and are not available additional fees may apply to secure these utilities.
  8. The Job Estimate assumes unimpeded access to the drill collar for all vehicles and staff. Waiting for access to be created/allowed will incur a stand-by fee.

Operational

  1. Drilling method quoted is for 100mm solid auger only unless noted otherwise. 
  2. Unless noted the quoted fee does not include bore back filling, concrete coring or underground cable location. On non-residential sites underground cable location must be undertaken by an appropriate utility locator contractor before drilling commences.
  3. Hand auguring of sites may only be to a limited depth only due to hard ground conditions and may require a revisit with a drilling rig when access is available at additional cost. 
  4. Soil Industries will take all reasonable care to avoid damage to any underground service. The Client agrees to indemnify Soil Industries Pty. Ltd and its staff with respect of all and any liability claims, loss, damage, costs and fines as a result of any damage to any underground services. An underground cable locating service can be proved if required.
  5. Soil Industries accepts no responsibility for the accuracy of any information or documentation supplied by the client, their agents, sub-contractors or any third party that may have been used in the provision of and reports. Soil Industries accepts no liability for any additional costs or consequences if any information supplied by s third party is inappropriate, incomplete, inaccurate or contains errors.

Limitation of Liability 

  1. We set out, and you accept, the limitations which apply to our liability to you should you have reason to make a claim against us. The limitations and exclusions are accepted by both of us to be fair and reasonable, given the duties we are undertaking, the sums to which we are entitled and the availability (and cost) of insurance. 
  2. Nothing in these terms excludes, restricts or modifies the application of the provisions of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of these terms to be void. 
  3. The agreement and report terms and conditions are the only communications governing our relationship. Subject to clause 47, Soil Industries will have no liability for any statements, representations, guarantees, conditions or warranties (collectively referred to as “representations”) arising from communications (oral or written), which are not expressly contained in this agreement. All representations to exercise reasonable care or render our services with due care and skill which may otherwise be implied by statue, common law or custom are expressly excluded. If any representations are of importance to you, you should ensure that they are expressly set out in the fee proposal before signature. 
  4. Subject to clauses 45 and 46, you agree that Soil Industries’ liability for any loss or damage suffered by you (whether direct, indirect or consequential) in connection with our engagement, including (without limitation) liability for any negligent act or omission or misrepresentation of Soil Industries, shall be limited to the amount of professional fees paid to Soil Industries in respect of the services and you agree to release Soil Industries from all claims arising in connection with the services to the extent that Soil Industries liability in respect of such claims would exceed the amount of those professional fees. 
  5. If Soil Industries is liable for a breach of any warranty implied by section 74 of the Trade Practices Act 1974 in respect of services not of a kind ordinarily acquired for personal, domestic or household use or consumption, Soil Industries’ liability under that section is limited to the supplying of the services again or the payment of the cost of having the services supplied again, whichever Soil Industries, in its absolute discretion, elects. 
  6. To the extent permitted by law, you agree that to the extent that any loss or damage suffered by you is attributed to negligence, fault or lack of care on your part or on the part of any person for whom you are responsible, Soil Industries is not liable (in contract, tort or otherwise) for the loss or damage. 

Indemnities 

  1. You agree to indemnify and hold harmless Soil Industries against any and all losses, claims, costs, expenses, actions, demands, damages, liabilities or any other proceedings, whatsoever incurred by Soil Industries in respect of any claim by a third party arising from or connected to any breach by you of your obligations under this agreement. 
  2. Soil Industries shall not be liable for any losses, claims, expenses, actions, demands, damages, liabilities or any other proceedings arising out of reliance on any information provided by you or any of your representatives which is false, misleading or incomplete. You agree to indemnify and hold harmless Soil Industries from any such liabilities we may have to you or any third party as a result of reliance by Soil Industries on any information provided by you or any of your representatives which is false, misleading or incomplete. 

Variation 

  1. No variation of this Agreement will be valid unless confirmed in writing by authorised signatories of both parties on or after the date of signature of the engagement letter. 

Directors Guarantee 

  1. Where you are signing on behalf of a company the director agrees to accept personal liability for the performance by the company of all the terms of this Agreement (including but not limited to the payment of our invoice).