Terms & Conditions

1. DEFINITIONS

“Supplier”: LT Earthworx Pty Ltd.
“Customer”: The person, company or entity purchasing Goods or Services from the Supplier.
“Goods”: Any plant, machinery, equipment, attachments, materials or other items supplied by the Supplier.
“Services”: All works performed by the Supplier, including wet hire, earthworks, mobilisation, transportation and associated services.
“Wet Hire”: The hire of Equipment together with an Operator supplied by the Supplier.
“Equipment”: Any plant, machinery, vehicles, tools or attachments supplied by the Supplier.
“Minimum Hire Period”: The minimum daily chargeable hours specified in the Supplier's Price List or quotation.
“Standby”: Any period where Equipment and/or Operators are present or available for work but unable to proceed due to circumstances beyond the Supplier's control.
“Damage”: Any loss or damage to Equipment excluding Fair Wear and Tear.
“Fair Wear and Tear”: Reasonable deterioration resulting from normal and proper use.
“Site”: The location where Goods are delivered, or Services are performed.
“Price List”: The Supplier's current Schedule of Rates, as amended from time to time.

2. ACCEPTANCE OF TERMS

These Terms & Conditions are accepted when the Customer:

• Issues a purchase order;

• Accepts a quotation;

• Requests commencement of Services; or

• Accepts delivery of Goods or Equipment.

No variation to these Terms is binding unless agreed in writing by the Supplier.

3. DELIVERY, MOBILISATION & MINIMUM HIRE

Delivery occurs when Equipment arrives at the nominated Site or delivery location.

Mobilisation, demobilisation, float, transportation and travel charges apply in accordance with the Price List or agreed quotation.

Minimum Hire Periods may apply to Equipment and attachments.

Where Site access is unavailable, restricted or delayed due to the Customer, Standby Charges will apply.

4. DRY HIRE, DAMAGE & INSURANCE

Risk in Equipment passes to the Customer upon collection or delivery for Dry Hire.

The Customer is responsible for Damage occurring during the hire period, including damage to tracks, tyres, glass, hydraulic hoses, attachments, accessories and GPS equipment, excluding Fair Wear and Tear.

The Customer is responsible for excessive wear resulting from improper, negligent or unsuitable use, including bucket teeth and cutting edges.

The Customer must maintain Public Liability Insurance of not less than $20,000,000.

Damage must be reported immediately and confirmed in writing within twenty-four (24) hours.

5. SITE ACCESS, SERVICES & SAFETY

The Customer must provide:

• Safe and unobstructed Site access;

• Suitable ground and working conditions;

• Required traffic management;

• Safe working conditions; and

• Accurate information regarding Site conditions and services.

The Customer is responsible for identifying and locating all underground and overhead services before work commences.

The Supplier is not responsible for damage, delay or costs arising from inaccurate, incomplete or undisclosed service information.

The Supplier or its Operator may suspend or refuse work where Site conditions are unsafe or unsuitable. Applicable Standby Charges will continue to apply.

6. WET HIRE CONDITIONS

Equipment remains the property of the Supplier at all times.

Only Operators supplied or approved by the Supplier may operate the Equipment.

The Customer is responsible for fuel unless otherwise agreed.

The Customer must provide suitable working conditions and reasonable access to the Site.

Daily pre-starts, dockets and operational documentation must be completed and signed where required.

7. EXCAVATION CONDITIONS & UNFORESEEN SITE CONDITIONS

Pricing is based on the Site conditions and information reasonably available to the Supplier at the time of quotation.

Additional charges may apply where works encounter conditions that could not reasonably have been anticipated, including:

• Rock, hard ground or concrete;

• Contaminated or hazardous materials;

• Unsuitable or unstable ground;

• Excessive groundwater or dewatering requirements;

• Unexpected underground structures or obstructions;

• Unidentified services;

• Restricted Site access; or

• Conditions materially different from those represented by the Customer.

Additional works, Equipment, labour, disposal, Standby or other costs arising from such conditions will be charged at the applicable rates.

The Supplier may cease work where conditions present a safety, environmental or equipment risk.

8. VARIATIONS

Any variation to the agreed scope may result in additional charges.

Variations include Customer-requested changes, additional works, unforeseen Site conditions, inaccurate information, additional Equipment or labour, and delays outside the Supplier's control.

Variations will be charged at the applicable rates and, where practicable, confirmed with the Customer prior to commencement.

9. ADDITIONAL COSTS

The Customer may be liable for additional costs incurred by the Supplier in connection with the provision of the Services where such costs are not included in the agreed quotation or applicable rates.

Additional costs may include, but are not limited to:

• Float and Transportation Charges: Costs associated with the transportation, mobilisation or demobilisation of Equipment to and from the Site.

• Travel Charges: Costs associated with travel to and from the Site, including applicable travel time, vehicle costs, tolls and other reasonable travel expenses.

• Fuel Charges: Where fuel is supplied by the Supplier, the Customer will be charged for fuel consumed by the Equipment at the applicable rate or fuel levy.

• Accommodation and Living Away From Home Costs: Where the Operator is required to travel and reside away from their usual place of residence, applicable accommodation, meals, travel and living-away-from-home costs may be charged to the Customer.

• Additional Equipment and Attachments: Any Equipment, attachments or accessories requested by the Customer or required due to Site conditions may be charged at the applicable rates.

• Other Project Costs: Any reasonable costs incurred by the Supplier as a direct result of the Customer's requirements, Site conditions, delays, variations or circumstances outside the Supplier's reasonable control.

All additional costs will be charged in accordance with the Supplier's current Price List, agreed quotation or the actual costs reasonably incurred by the Supplier, as applicable.

10. PRICING & PAYMENT

Pricing is based on the accepted quotation, purchase order or Supplier's current Price List.

Unless otherwise agreed in writing, payment is due within twenty (20) days of the invoice date.

GST is payable in addition to all quoted amounts unless expressly stated otherwise.

Invoice disputes must be notified in writing within seven (7) days of the invoice date. Undisputed amounts remain payable by the due date.

11. DEFAULT, INTEREST & RECOVERY COSTS

Overdue accounts will accrue interest at 5% above the Reserve Bank of Australia Cash Rate, calculated daily.

The Customer indemnifies the Supplier for reasonable legal, collection and recovery costs incurred in recovering outstanding amounts.

The Supplier may suspend Services or Equipment hire where accounts remain overdue.

12. RETENTION OF TITLE, PPSA & SECURITY INTERESTS

Ownership of Goods and Equipment remains with the Supplier until all amounts owing have been paid in full.

The Customer grants the Supplier a security interest under the Personal Property Securities Act 2009 (Cth).

The Supplier may register and enforce its security interest where permitted by law.

13. STANDBY, DELAYS & INCLEMENT WEATHER

Standby Charges apply where Equipment and/or Operators are unable to work due to:

• Customer delays;

• Restricted or unavailable Site access;

• Inadequate Site preparation;

• Waiting for instructions, materials or other contractors;

• Weather or ground conditions;

• Service strikes or undisclosed services;

• Equipment or Site safety concerns; or

• Other circumstances beyond the Supplier's reasonable control.

Minimum Hire Periods, Standby, mobilisation and other applicable charges remain payable.

14. FUEL, GPS & ATTACHMENTS

Fuel is the responsibility of the Customer unless otherwise agreed in writing.

Where fuel is supplied by the Supplier, applicable fuel charges or fuel levies will be charged in accordance with the quotation or Price List.

GPS or machine-control systems are charged as specified in the applicable quotation or Price List. Unless expressly stated otherwise, GPS hire does not include a base station.

Attachments are subject to the applicable minimum hire period and rates. Attachment use, changes and variations must be recorded on daily dockets and will be charged accordingly.

15. ENVIRONMENTAL & MATERIAL RESPONSIBILITIES

The Customer is responsible for Site environmental compliance, including erosion and sediment controls, waste management and disposal requirements.

The Customer must notify the Supplier of any known or suspected contaminated, hazardous or regulated materials.

Unless expressly included in the quotation, testing, handling, treatment, transport and disposal of contaminated or hazardous materials will be charged separately.

16. CANCELLATION

Where a booking is cancelled, the Customer is responsible for costs incurred by the Supplier up to the cancellation date, including mobilisation, demobilisation, transportation and other committed costs.

Cancellations made within twenty-four (24) hours of the scheduled commencement may incur a minimum two-hour charge or other applicable costs.

17. WARRANTY, CONSUMER LAW & LIMITATION OF LIABILITY

Nothing in these Terms excludes rights or remedies that cannot be excluded under Australian Consumer Law.

To the maximum extent permitted by law, the Supplier's liability is limited to repair, resupply or the reasonable cost of repair or resupply of the relevant Goods or Services.

The Supplier is not liable for indirect, consequential, special or economic loss, including loss of profit, revenue or business.

The Supplier's total liability will not exceed the amount paid by the Customer for the relevant Goods or Services, except where otherwise required by law.

18. PRIVACY & CONFIDENTIALITY

The Supplier may collect, store and use Customer information for credit assessment, account administration, invoicing, debt recovery and business operations.

Both parties agree to keep confidential information confidential except where disclosure is required by law or reasonably required to perform the Services.

19. GENERAL

The Customer must provide at least fourteen (14) days' written notice of any change in ownership, trading name, address or contact details.

The Supplier may engage subcontractors to perform any part of the Services.

Failure by the Supplier to enforce any provision of these Terms does not constitute a waiver of that provision.

If any provision is found to be invalid or unenforceable, the remaining provisions will continue in effect.

These Terms are governed by the laws of Queensland, Australia, and the parties submit to the jurisdiction of Queensland courts.