TERMS OF AGREEMENT 1. INTERPRETATION 2. EQUIPMENT HIRE 3. BOOKINGS AND CANCELLATION 4. TERMS OF PAYMENT 5. CLIENTS WARRANTIES 6. COMPANY SUPPLY OBLIGATIONS 7. DISPOSAL OF EXCAVATED MATERIAL 8. TERMINATION OF HIRE & RECOVERY OF EQUIPMENT 9. EXCLUSION OF CONDITIONS, WARRANTIES & LIABILITY 10. EQUIPMENT DAMAGE DUE TO SITE CONDITIONS 11. ROAD TRAFFIC MANAGEMENT 12. MISCELLANEOUS 1. INTERPRETATION In this Agreement: ‘Company’ means (Safe Dig 18 Neon Street, Sumner, QLD, 4074 ABN: 51 064 081 956) or and shall be deemed to include any employee, agent, representive or sub-contractor of Safe Dig. ‘Client ‘means any person who signs this Agreement personally or as agent; ‘Equipment’ means all Plant & Operator(s) provided by the Company and includes all accessories; ‘GST’ has the same meaning as in the A New Tax System (Goods & Services Tax) Act 1999 (Cth). 2. EQUIPMENT HIRE 2.1 The Company will not be held responsible for any delays in delivery or installation or failure to deliver due to causes beyond its control, including, but not limited to traffic, acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations or governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation. 2.2 The hourly rate or quoted charges are based upon the Equipment being hired for a minimum Hire Period in accordance with 2.5 below unless otherwise agreed in writing by the Company. All hours in excess of the minimum hire will be charged at the quoted hourly or agreed contract rates. 2.3 The Hire Period commences at the time the Equipment leaves the Company’s depot and is completed when the Equipment arrives back at the Company’s depot unless otherwise agreed in writing by the Company. A Minimum 1.0 hour mobilisation travel fee will be incurred for Vacuum Excavation Truck and Service Location. 2.4 An after Hours rate will apply when the Client requests unplanned work to be done out of normal business hours. 2.5 Normal business hours are 6.00am to 6.00pm Monday to Friday excluding Public holidays. 2.6 Minimum Hire Periods apply for the following equipment: Minimum Hire Period Equipment Day Shift After Hours shift Service Locator 2 hours + Travel 3 hours + Travel Vacuum Truck 3 hours + Travel 4 hours + Travel Other as per quotations or agreed contracts 2.7 For After Hours work a 25% surcharge is add on top of quoted rates. For public holidays a 35% surcharge is added on top of quoted rates. 3. BOOKINGS AND CANCELLATION 3.1 Upon placing a booking the Client is to provide a purchase order stating the date, time and Equipment required in order to secure the Equipment when required. 3.2 Where the Company receives from the Client, notification of the cancellation of a job less than four (4) hours before the commencement of the job then a cancellation fee will be charged. The cancellation fee will be equivalent to the minimum hire period as defined in clause 2.6. 3.3 Title to any Equipment hired to a Client does not pass from the Company to the Client. 4. TERMS OF PAYMENT 4.1 The Client agrees to pay to the Company the full amount of the hire charge which is drawn from the price list for the Equipment for the hire period, together with any applicable GST in addition to any deposit set out in 3.1. 4.2 Payment in full by account Client’s for all hiring charges and any other amounts payable in accordance with these Conditions of Hire is required 30 days from the date of the invoice. 4.3 The Company reserves the right to revise its hire rates and related charges without notice. 4.4 Hire charges cover only the fee for hiring the Equipment to the Client. • All hours calculated from depot to depot with a minimum call out charge of 3 hours plus travel will be billed. • Travel to and from watering, dumping and cleaning units are at the expense of the Client as per hourly rates. • Any other additional services provided to the Client, shall be paid for by the Client. 4.5 The Company may impose a surcharge of up to 5% on all amounts not paid by the Client by due date, including penalties incurred by Company until outstanding amounts are finalized. 4.6 The Company reserves the right to demand payment of interest or imposed surcharge without prejudice to any other rights and remedies that the Company may have in respect of a payment default under this Agreement. 4.7 The Company may set-off against any credit owed to the Client any amount owing by the Client to the Company. 4.8 The Client also agrees to pay on the date nominated by the Company additional amounts as determined by the Company, the other amounts calculated in accordance with the price list and any stamp duty, financial Institutions duty, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this Agreement or the Clients hiring of the Equipment. Where the Client claims exemption from duty or tax, the Client must furnish appropriate exemption certificates to the Company. 5. CLIENTS WARRANTIES The Client warrants that: 5.1 The parties confirm that particulars, in so far as they are relevant to a particular party are correct in every respect and are not misleading in anyway including, without limitation, by omission; 5.2 The Client will not breach any copyright or other restriction in relation to or in connection with, the Equipment. 5.3 in selecting the Equipment the Client has not relied on the Company’s skill and judgment or on any representations made by or on behalf of the Company and agrees that the Equipment comply with their description, are in merchantable condition and are fit for the Client’s purpose. 5.4 The Client is solely responsible for meeting its duty of care obligations with respect of any underground services but not limited to a. Observe safe digging practices, each asset owner can provide information on their requirements in regard to safe digging practices b. Observing and complying with all occupational workplace health and safety legislation and any other statutory legislation that may apply to the works. c. Requesting plans from the relevant service provider for each Underground asset that is to be located by the company with respect to the site d. Providing the said plans to the Company prior to the survey of the Locations e. Visually locating the underground assets by manual non-destructive vacuum excavation (potholing), where any construction activities may conflict with the location of any service providers underground assets. 5.5 The Client solely accepts responsibility to any public authority or public person or company in relation to any damage caused by our equipment or the equipment of the client and in this regard the client acknowledges that such damage can include, but may not be limited to personal injury, property damage and business interruption of the service providers business. 5.6 The Client will not hold the Company responsible for any inaccuracies in the plans provided, or in the event that the plans don’t cover the site in its entirety (E.G: Private property). 5.7 The Client agrees to abide by the minimum clearance guidelines as specified by the relevant service provider and acknowledges that a copy of these guidelines is available from the service provider with the Dial before You Dig plans provided. 5.8 The Client acknowledges that the findings of the Equipment used by the Company cannot always guaranteed for 100% accuracy as these are electronic devices that may be affected by other influences and as such are operated within a standard range of tolerance as noted by individual manufacturers. 5.9 The Client acknowledges that some services are untraceable because they are for example, Optic Fibre, PVC piping or other non ferrous material substances. In these instances, the provisions in clause 9.3 apply. 5.10 The Client hereby agrees to indemnify the Company and keep the Company indemnified against any and all actions, suits, claims, damages or loss sustained by or brought against the company either directly or indirectly as a result of any breach by the client of this Agreement or as a result of any damage caused by the client to any service, or to any person, as a result of the Clients actions involving the service in any way whatsoever. 5.11 The Client acknowledges, by signature overleaf, that it has received these terms and conditions and has read and understood them. 6. COMPANY SUPPLY OBLIGATIONS The Company will ensure that: 6.1 The Equipment is used in a skilful and proper manner and only for the purpose and within the capacity for which it was designed. 6.2 A suitably trained or licensed Operator who will work entirely in accordance with the instructions of the Company or an authorised representative operates the Equipment. 6.3 It will maintain and display with the Equipment any safety signs required by State or Federal legislation and ensure that they are clearly visible to all persons within the vicinity of the Equipment and work site. 6.4 All safety and operating instructions and notices are observed. 6.5 All Operators of the Equipment wear suitable clothing and any protective equipment required or recommended by the manufacturer’s safety and operating instructions. 6.6 A job safety analysis is conducted prior to operating any mechanical Equipment to ensure safe working methods (SWMS) apply. 6.7 It complies with all Environmental Laws from time to time and immediately rectifies any breach of an Environmental Law caused by the use of the Equipment. 7. DISPOSAL OF EXCAVATED MATERIAL 7.1 (a) All disposal of excavated material will be carried out in accordance With relevant State legislation at an agreed disposal facility. (b) It is the Client’s responsibility to inform the Company of the type of soil to be removed. 7.2 All of the Company’s vehicles that carry prescribed waste will have relevant Environmental Protection Authority (‘EPA’) permits. Appropriate paperwork will be completed for each load of prescribed waste removed from a Client’s site. It is the Client’s responsibility, as the waste producer, to ensure that they complete the necessary sections of the paperwork and are fully aware of where the waste is being transported. 7.3 All disposal costs and associated cleaning costs incurred by the Company will be charged out in addition to all Equipment Hire charges. Should the Company experience delays in disposing the excavated material at these facilities, the hourly rate applicable to the Equipment will be charged for the entire time the Equipment is delayed unless otherwise agreed by the Company in writing. 8. TERMINATION OF HIRE & RECOVERY OF EQUIPMENT Without prejudice to any other remedies available to the Company and notwithstanding any Hire Period specified, the Company may terminate this hire Agreement. 8.1 Without notice, if the Client breaches any of the hire Agreement, or do or permit to be done any act or thing whereby the Company’s rights in or to the Equipment may be prejudiced. 8.2 If the Company has terminated the Hire Period or if the Client has failed to make payment to the Company in accordance with the terms of agreement, then upon giving the Client notice of its intention to remove the Equipment, the Client expressly authorises the Company to enter the premises where the Equipment is located and arrange for its removal. The Company is expressly authorised to decommission such Equipment and disconnect [or arrange for disconnection] of any utility services where this is required in order to remove the Equipment from the premises. The Hire Period shall not cease until the Equipment has been decommissioned, all utility services have been disconnected and the Equipment removed and returned to the Company. The costs associated with any decommissioning, disconnecting services and removal will be charged to the Client. The Company shall not be liable for any damage caused to the Client’s property as a result of decommissioning, disconnecting the utility services and removing the Equipment. The Company will not be responsible or liable for any personal property left inside the Equipment when it is removed or returned to the Company. The Client indemnifies the Company in respect of any claims, damages and expenses arising out of any action taken under this condition. 9. EXCLUSION OF CONDITIONS, WARRANTIES & LIABILITY 9.1 To the full extent permitted by law the Company excludes all implied terms and conditions and warranties including, without limitation, terms, conditions and warranties implied by Commonwealth or state legislation. 9.2 The Company and the Client agree that in the event of the Client suffering any loss, damage, cost, expense or claim, arising as a result of hiring the Equipment, including without limitation in respect of delay or inconvenience arising out of any breakdown, failure or defect in the Equipment, the liability of the Company is limited to the repair or replacement of the Equipment. The Company shall not be liable under any Circumstances for any direct, indirect, economic, special or consequential loss or damage of any nature whatsoever. 9.3 The Company will take all due care with regards to the location of services within the areas nominated by the Client. However all responsibility remains at all times with the Client and no warranty, whether expressed or implied is given in the event the Company is unable to locate a service or services which is or are damaged in any way whatsoever. 10. EQUIPMENT DAMAGE DUE TO SITE CONDITIONS If in the opinion of the Company or its representative that a work site cannot be reached for a particular time or at all due to ground conditions, the Client will be advised. If the Client requests the Company to attempt to reach the work site, the Company’s representative believes it is safe to do so and the Equipment becomes bogged, the Client will be responsible for all recovery costs incurred by the Company along with all Equipment repair costs for damage incurred. The Company’s representative will be responsible for the final decision on whether a site is safe to access or not. 11. ROAD TRAFFIC MANAGEMENT Where applicable, Road Traffic Management for works at all sites will be managed by the Client and will remain the Clients responsibility at all times. 12. MISCELLANEOUS 12.1 The person signing the document for and on behalf of the Client hereby covenants with the Company that he or she has the authority of the Client to make this Agreement on the Client’s behalf and is empowered by the Client to bind the Client to this Agreement and hereby indemnifies the Company against all losses, costs and claims incurred by the Company arising out of the person so signing this Agreement not in fact having such power and/or authority. 12.2 If any of the Conditions of Hire are found to be void, voidable or unenforceable the validity and enforceability for the remaining provisions shall not in any way be affected or impaired. 12.3 No amendment or variation of this Agreement is valid or binding on a party unless made in writing and executed by the parties. 12.4 This Agreement is governed by the laws of the State or Territory in which the Equipment is operating. 12.5 No other terms and conditions shall be binding upon the Company unless agreed to in writing by the Company. 12.6 The Company supports the Transport Operations (Road Use Management) Regulation 2008. A legal Chain of Responsibility exists and impacts anyone who uses road transport for any part of their business. Therefore the Client must not knowingly or unknowingly cause the Company’s employee (s) to experience unsafe fatigue levels, cause overloading, inadequate load restraint and/or speeding during the Hire Period.