TERMS & CONDITIONS OF TRADE

  1. In these Terms and Conditions:
    • "Company" means SureSearch Australia Pty Ltd ACN 120 489 223 ABN 801 204 89223 trading as SureSearch Australia and any of its employees, representatives, contractors or agents.
    • "Customer: means the person who is purchasing the Works under these Terms and Conditions.
    • "Excluded Loss" means any loss of profits, revenues, anticipated savings, reputation, goodwill, opportunities, management time, business or any other loss not arising naturally from the breach.
    • "Underground Services" means any underground pipes, cable, sewer, drainage, telephone and leaks located and marked by the Company.
    • "Works" means the work undertaken to locate the placement and depth of Underground Services (including the location of leaks) and any other services performed by the Company for the Customer.
  2. The Works undertaken by the Company are undertaken on these Terms and Conditions.
  3. To the extent that these Terms and Conditions (which shall only be waived by written agreement with the Company) are inconsistent with any of the Customer’s terms and conditions for purchasing the Works (including any term or condition which has the same or similar effect to this clause 3), these Terms and Conditions will prevail to the extent of such inconsistency.
  4. The Customer acknowledges and agrees that 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, liability, damage, expense or delay arising in connection with the Company’s inability to meet that time.
  5. Payment Terms
    • The Customer must pay the charges for all Works immediately upon completion of those Works or, if agreed in writing by the Company, within fourteen days of the date of any invoice issued by the Company to the Customer for those Works.
  6. To the extent that it is necessary for the Company to gain access to any private land (“Property”) to perform the Works for the Customer:
    • the Customer warrants that it is legally entitled to grant permission to the Company to access the Property
    • the Customer grants a license to the Company to access to the Property for the purposes of performing the Works and conducting any other activities reasonably incidental to or necessary for the performance of the Works
    • the Customer must indemnify the Company from and against any loss, liability or expense suffered or incurred by the Company in connection with the Customer’s failure to comply with clause 6.1 or 6.2 (including any costs incurred by the Company in obtaining permission to access the Property itself)
  7. Location and marking of Underground Services
    • The Company agrees to take all reasonable care in locating and marking the location of Underground Services.
    • If any work or other activity is to be conducted in the vicinity of any Underground Service or any other location marked by the Company, the Customer must visually establish the presence or absence (as the case may be) of any relevant Underground Service by hand excavation or by the use of hand augers prior to the commencement of that work or activity. The Customer releases and must indemnify the Company from and against any loss, liability or expense suffered or incurred by the Company in connection with the Customer’s failure to comply with this clause 7.2.
  8. Limitation of Liability
    • the Company is not liable to the Customer for any Excluded Loss suffered in connection with these Terms and Conditions, whether arising under contract, tort (including negligence) or otherwise
    • the aggregate liability of the Company for loss or damage sustained by the Customer in connection with the performance of the Works or any goods supplied by the Company (whether the claim in relation to the loss or damage arises under statute, in contract or in tort) is limited to the aggregate of all amounts paid by the Customer to the Company in respect of the Works or goods supplied.
  9. If the Trade Practices Act 1974 (Cth) (TPA) or any other legislation implies a condition or warranty into these Terms and Conditions in respect of any Works performed, and the Company’s liability for breach of that condition or warranty may not be excluded but may be limited, clause 8.1 does not apply to that liability and instead the Company’s liability for any breach of that condition or warranty is limited to:
    • the supply of the Works again
    • the payment of the cost of having the works supplied again.
  10. Nothing in these Terms and Conditions is intended to exclude, restrict or modify rights which the Customer may have under the TPA or any other legislation which may not be excluded, restricted or modified by agreement.
  11. On and from the expiration of 12 months from the date of completion or termination of the Works, the Customer agrees releases and forever discharge the company from all liability in respect of the Works, whether such liability arises under the law of contact, tort, equity, statute or otherwise.
  12. The Customer must supply all current (which must not be less than thirty (30) days old in any case) dial Before You Dig plans for the Company’s use in carrying out the Works. The Company can supply a copy of these plans to the Customer upon receiving 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 Before You Dig plans.
  13. The Company will conduct the Works in accordance with guidelines established by work safe NSW and the Customer must conduct its work in accordance with those guidelines and it is the responsibility of the Customer to make itself aware of the relevant guide lines. The Company will not be liable in any way whatsoever to any person for loss or damage (including indirect or consequential loss or damage), howsoever caused (including without limitation, breach of contract, tort and/or breach of statute) for any breach of such guidelines by the Customer.
  14. The Customer’s must ensure that there is a safe working environment that complies with all Occupational Health & Safety requirements to enable the Company to carry out the Works.
  15. These Terms and Conditions and the Works performed in accordance with them are governed by and are to be constructed in accordance with the laws of New South Wales.

TOP