Terms And Conditions

Micro Excavations Pty Ltd Is a Family Business Focussed on Quality, Reliability & Superior Service.

1.1. “Agreement” means this agreement and includes any written variations to this agreement.

1.2. "Business Day" means a day other than a weekend or public holiday in the place which Micro Excavations Pty Ltd is engaged.

1.3. “Customer” means the person, firm, company, government institution, entity or corporation (including any personal representatives or

permitted assigns of such) that engages Micro Excavations Pty Ltd.

1.4. “Micro Excavations” means Micro Excavations Pty Ltd (ABN 42 381 132 543) includes its employees, agents or any subcontractors and their

employees.

1.5. “Plant and Equipment" means all plant and equipment specified including but not limited to any item of plant, equipment, machinery or

vehicle, and any tools, accessories, parts, items of equipment and devices supplied to the Customer by Micro Excavations.

1.6. “Works” is the excavating, earthmoving and associated services supplied by Micro Excavations to the Customer by the hire of the Plant and

Equipment.

2.1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by this agreement and these terms and

conditions if the Customer places an order/booking with Micro Excavations.

2.2. The terms and conditions of this agreement together with any cost estimate provided by Micro Excavations to the Customer shall contain the

entire and only agreement between the parties in respect of this agreement and any representation, promise, condition or warranty in

connection therewith not otherwise incorporated into this agreement shall not be binding upon either party.

2.3. This agreement is governed and construed by the law applying in Queensland, Australia and New South Wales Australia. Any termination of

the agreement does not affect any accrued rights or remedies of any party. A waiver by a party of any breach or a failure to enforce or to insist

upon the observance of a condition of the agreement will not be a waiver of any other subsequent breach. If any part of the agreement is

invalid, unenforceable, illegal, void or voidable for any reason, the agreement will be construed and be binding on the parties as if the invalid,

unenforceable, illegal, void or voidable part had been deleted from the agreement or read down to the extent necessary to overcome the

difficulty.

3.1. The Customer will pay Micro Excavations a minimum hire charge per day, plus an additional hourly charge for additional hours worked above

the minimum, as specified by Micro Excavations at time of booking.

3.2. Unless otherwise agreed in writing invoices are to be paid in full and without deduction within 2 business days from the invoice date.

3.3. If the customer fails to pay Micro Excavations in full within 2 days of invoice, the Customer will pay interest calculated on the portion of the

invoice overdue at the rate of $20.00 or 1.75% per month (whichever is greater) from the 2nd day after the date of invoice, interest will be

pro-rated to the actual number of days the payment is overdue.

3.4. The Customer shall pay to Micro Excavations all costs incurred by Micro Excavations in enforcing payment of any amount due including but not

limited to, all fees payable by Micro Excavations for cheque or direct debit dishonour fees, any debt collection costs, and any legal costs arising

from the customers failure to pay when payment is due.

3.5. Micro Excavations shall on-charge any costs, including but not limited to, fees or time associated with site specific inductions, training, and

authorisations required to complete requested job.

4.1. There is a minimum hire charge per day. The customer agrees to pay for such period irrespective of utilisation of Plant and Equipment,

completion of services or a Force Majeure Event.

4.2. If the Customer provides less than 12 hours’ notice of cancellation of the order for Plant and Equipment, the Customer will pay Micro

Excavations 100% of the minimum hire charge.

4.3. Any delays outside of Micro Excavations’ control will be charged as extras for example, but not limited to, wet weather, fog, wind,

unacceptable lighting, incorrect access specifications, and inadequate ventilation.

5.1. Micro Excavations works under the direction of the customer. The Customer is responsible for specifying the operating site for the plant and equipment, the minimum clearance available for the plant and equipment and the nature of the work to be completed.

5.2. The Customer shall ensure that there is sufficient space and amenities for use of the Plant and Equipment in accordance with the Customer’s

instructions.

5.3. The customer must not encourage a driver or plant operator to breach or place demands that contribute to a driver or plant operator

breaching Chain of Responsibility (CoR) Provisions or Heavy Vehicle National Law (HVNL).

5.4. It is the Customers responsibility to locate, and obtain approval to operate on or over any underground services. The Customer indemnifies

Micro Excavations against any claim for loss or damage (consequential or other-wise) to any person or property arising out of or connected

with damage to, or interference with underground cables, pipes, conduits or other services.

5.5. All care will be taken but Micro Excavations does not accept responsibility or cost for damage or damage minimisation to existing pavements,

tiles (ceramic or otherwise), pavers & paving, roads, property or foundations where Plant and Equipment are required to move and no liability

is accepted by Micro Excavations for damages if they occur.

5.6. Any cost estimate is provided on the assumption that the relevant authorities will provide permits and approval for unrestricted travel and

setup for the required Plant and Equipment.

5.7. No allowances are made for delays due to wet weather or other delays beyond Micro Excavations’ control.

6.1. The Customer indemnifies Micro Excavations from any loss arising out of a breach of these terms and conditions by the Customer, and all

claims which may be made against Micro Excavations in respect of any loss, damage (consequential or otherwise), injury or death caused by, or

connected with, the provision of services by Micro Excavations including any loss caused due to any accident, breakdown or defect in the Plant

and Equipment.

6.2. The Customer shall be solely responsible for and shall bear without any claim or entitlement to contribution or indemnity from Micro

Excavations all or any loss arising from any act, error or omission of the Customer.

6.3. Micro Excavations excludes all conditions and warranties of any type in relation to the Plant and Machinery supplied or made available for hire

and/or services provided by Micro Excavations, and makes no representation as to the fitness of Plant and Machinery supplied or made

available for hire and/or services made available for hire supplied by it for any purpose.

7.1. Micro Excavations shall not be liable to the Customer for any loss due to delay caused by a Force Majeure Event which means a circumstance

outside of Micro Excavations' control which affects the ability of the Customer to use the Plant and Equipment for the purpose for which it was

hired.

7.2. Micro Excavations shall not be responsible for any delays, inconvenience or loss of any kind whatsoever incurred by the Customer including

arising from any accident, breakdown or defect in the Plant and Machinery.

8.1. The Customer must, within 7 days from the completion of the Works, notify Micro Excavations in writing of any alleged dispute. If the

Customer fails to comply with this provision, the Works will be conclusively presumed to have been completed satisfactorily and free from any

dispute.