Terms and Conditions
1. Definitions
In these terms and conditions: "contractor" means Becker Earthmoving Pty Ltd (19 686 623 503). "Client" means the legal person or entity named in the tax invoice next to the words "Bill To:".
2. Agreed price and payment
The client must pay the agreed price to the contractor. The contractor may adjust the agreed price if the scope of works changes. Variations include, but are not limited to, subsurface obstacles, additional equipment hire, or unexpected site conditions. Payment must be made as directed on the invoice. The client may not deduct or set off amounts owed by the contractor. Unless stated otherwise, all prices exclude GST. GST will be added to the invoice. If payment is not received on time, the contractor may suspend services or terminate this agreement. The contractor is not liable for any resulting losses to the client. Interest may apply to overdue invoices at 8% p.a., calculated daily, after three reasonable reminders have been issued.
3. Delivery, title and risk
Delivery occurs when goods or services are provided on-site. The contractor may deliver in instalments. Time is not of the essence. Delays do not entitle the client to cancel the contract. The contractor is not liable for losses resulting from late or failed delivery. Ownership of goods transfers to the client only once payment is made in full. Risk transfers to the client upon delivery.
4. Limitation of liability
The contractor is not liable for any indirect or consequential loss, including dissatisfaction from third parties. The client must inspect the works immediately. If faults are found, the contractor must be given a chance to remedy them. If consumer laws apply, the contractor's liability is limited to re-supplying the service or refunding the cost.
5. Indemnity
The client indemnifies the contractor from any loss resulting from:
- Breach of contract
- Recovery of unpaid debts
- Third-party claims relating to the works
- Negligent or unlawful acts by the client or its agents
6. Client requirements
The client must:
- Allow safe and timely access to the site
- Follow reasonable directions from the contractor
- Identify and clearly mark underground services prior to works The client is responsible for damage to unmarked underground infrastructure.
7. Termination
The contractor may cancel any part of the agreement if:
- Payment is overdue or unlikely to be made
- The client becomes insolvent or bankrupt
- A receiver or liquidator is appointed
The contractor may terminate this agreement by written notice. The client waives any right to terminate. Any accrued rights remain enforceable after termination.
8. Insurance
The client must not interfere with the contractor's insurance obligations. The contractor will make its policies available upon request. The client must hold appropriate insurance coverage for the site and works.
9. Compliance with laws
The client must comply with all applicable laws and regulations. All required permits and approvals must be obtained by the client. The client must ensure a safe and compliant work environment.
10. Building and Construction Industry Security of Payment Act 1999
If applicable, the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) may apply to this agreement.
11. Right of refusal
The contractor may refuse access to a worksite or suspend work if:
- A person on-site endangers the safety of staff
- Site conditions compromise safe or effective work
- The contractor believes the work will not deliver value to the client
12. General
Invalid provisions do not affect the rest of the agreement. This agreement is governed by the laws of New South Wales. The contractor may subcontract or assign duties without consent. Neither party is liable for delays due to force majeure events. Failure to enforce a clause does not waive that right. This document is the full agreement between both parties. Where more than one person is listed as the client, their liability is joint and several. Verbal instructions or acceptance of services is deemed acceptance of these terms.