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Introduction

The terms and condition are subject to change without notice. These terms and conditions take precedence and supersedes any client purchase order terms and conditions at all times.

These standard terms and conditions apply to all services that Soil Industries and its related entities perform. These terms are called the “agreement”.

Certain presentations, documents and reports will contain their own specific terms and conditions. They are in addition to and not a replacement of this agreement.

For the purposes of the agreement and report terms and conditions “Soil Industries” includes the Director(s), employees and all related entities of Soil Industries.

 

Scope of Works

Soil Industries shall perform the services with reasonable skill, care and diligence normally exercised for projects of similar circumstance.

The extent of the services provided by Soil Industries does not extend beyond the scope of any given report.

Soil Industries may advise the client with regards to the scope of works for a particular project. However, it is the client’s responsibility to ensure the scope of works is adequate, covers their needs and meets the minimum required standards.

 

Client Obligations

The client must provide Soil Industries promptly with such information as may reasonably be required or publicly available for the proper performance of the services.

Soil Industries accepts no responsibility for the accuracy of any information or documentation supplied the client, their 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.

Soil Industries shall be entitled to rely upon the accuracy of all information provided by the client, their agents or any third party, without independently verifying it.

The clients shall retain responsibility for the use of, or reliance on, advice or recommendations supplied by us in the delivery of the services.

The client undertakes 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

No reliance can be placed by the client or their agents on any oral, draft or interim advice, reports or presentations.

Written advice shall take precedence over all forms of other communication.

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.

When any documents are transmitted electronically, you agree to release us from any claim the client 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

Disbursements incurred in connection with the engagement will be charged to the client

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.

The client agrees to pay the invoice in full including GST within 7 days of issue.

Where the invoice is not paid by the due date the client agrees to pay Interest on any outstanding amounts (calculated from the invoice 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.

The client agrees to pay 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 the client.

When the client has failed to pay an invoice in full after the expiration of 12 weeks from the date of Invoice Soil Industries shall be discharged from all liability in respect of the services whether under the law of contract, tort or otherwise.

Where a job is cancelled after booking a cancellation fee of $55 will apply.

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.

Where Soil Industries attends a site attend and safe access is not available to the site a call out fee of $55 plus any additional travel fees may be charged at Soil Industries discretion.

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.

Non-account customers will be required to pay associated accounts before issuing of any work

 

Job Quotation

Job quotations are valid for 28 days from date of issue.

Any on-site job scope changes requiring additional work or equipment may result in additional charges.

Any delays outside the field staff control where work cannot proceed exceeding 15 minutes will be charged at the standby rate. ($62.50+GST per 15 minute blocks). This includes inductions, inclement weather, waiting for site access, waiting for instruction etc.

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. No additional work will be undertaken until the change of job scope is agreed to by the client.

Unless noted otherwise the maximum depth drilled will be 1.8m. Additional meterage fees of $50+GST per meter may apply for deeper drilling.

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.

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.

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

Drilling method quoted is for 100mm solid auger only unless noted otherwise.

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.

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 provided if required.

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 is inappropriate, incomplete, inaccurate or contains errors.

 

Limitation of Liability

We set out, and you the client 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.

The agreement and report terms and conditions are the only communications governing our relationship. 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 the client, the client should ensure that they are expressly set out in the fee proposal before acceptance.

Soil Industries shall not be liable lo the client for:

The acts omissions or defaults of other contractors or consultants engaged by tic Client (including consultants or contractors engaged by Soil Industries as agent for the Client):

Any loss of use, opportunity or production, loss of interest, earnings or profit, holding or financial costs, business interruption or any indirect or consequential looses

Any loss, damage or claim to the extent that such loss, damage or claim was caused or contributed by the client, its employees, agents, consultants or contactors

Soil Industries shall not be liable to any third party for any claim whatsoever arising out of or in connection with any services provided.

In the event a breach by Soil Industries warranty under the Competition & Consumer Act 2010 which cannot contractually by excluded by Soil Industries liability to· the Client for such breach shall be limited to the cost of supplying the services again.

Soil Industries shall be deemed to have been discharged from all liability in respect of the services, whether under the law of contract. , tort or otherwise at the expiration of one year from invoice date, and the client (and persons claiming through or under the Client) shall not be entitled to commence any action or claim whatsoever against Cardno (or any employee contractor or sub-consultant of Cardno) in respect of the services after that date.

Soil Industries shall only be liable to the Client for direct loss or damage suffered by the Client as the result of a breach by Soil Industries of their obligations under this Agreement and shall not be liable for any loss of profits.

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.

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

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.

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 absent, 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.

Soil Industries shall not be liable for any losses, claims, expenses, actions, demands, damages, liabilities or any other proceedings arising out typographical errors in reports or communication and any malfunction of any measuring or testing equipment.

 

 Variation

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.

Neither party may assign, transfer or sublet any obligation under this Agreement without the written consent of the other. Unless stated in writing to the contrary, no assignment, transfer or subletting shall release the assignor from any obligation under this Agreement.

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