Cairns Earthmoving – Terms & Conditions

1. Definitions

• "Client" means the person or entity engaging our services.
• "Services" encompass earthmoving, excavation, turf preparation/installation, dry hire (equipment without operator), tight access solutions, and any ancillary work.
• "Equipment" includes machinery, plant, tools, and attachments supplied to the Client.

2. Formation of Contract

• A contract is formed upon our acceptance of a written quote, booking form, email or message confirmation, subject to these Terms & Conditions.
• Quotes are valid for 30 days from issue unless stated otherwise.

3. Pricing & Variations

• The agreed price is as per the accepted quote or invoice.
• Any additional works or variations (e.g., unexpected site conditions) may result in extra charges at our current rates.

4. Payment Terms

• Payment is due on completion of the invoice date, unless otherwise agreed in writing.
• Overdue payments accrue interest at 10% per annum, calculated daily, from the due date until paid in full.
• The Client must not withhold or deduct any amounts.

5. Late Payment and Recovery

• If payment is overdue, we may:
• Suspend services or equipment hire.
• Charge reasonable recovery costs, including debt collection fees and legal expenses on a solicitor–client basis.

6. Minimum Hire & Standby Charges

• A minimum hire period (e.g., 4 hours) applies for all wet hire and equipment usage. Equipment returned early will still be charged for the minimum period.
• In the event of delays or cancellations, standby charges may apply at 50% of the normal hourly rate.

7. Client’s Obligations

• The Client must:
• Ensure the site is safe and accessible.
• Obtain any necessary approvals or permits.
• Notify us of any underground services before commencement.
• Use equipment only as intended and in compliance with laws.
• Secure equipment against theft, damage, or weather.
• Return wet hire equipment in clean, functional condition (refuelling if applicable).

8. Liability & Indemnity

• We are not liable for indirect or consequential losses (e.g., loss of income, damage to property beyond our control).
• The Client indemnifies us against all losses or damage arising from their breach of these terms or misuse of equipment.

9. Insurance

• Wet hire equipment remains our responsibility; our operators are covered under our public liability insurance.
• The Client is encouraged to maintain insurance for any site-related risks.

10. Force Majeure

• We are not liable for failures caused by events beyond our control (e.g., severe weather, natural disasters, transport delays).

11. Dispute Resolution

• Disputes should be raised in writing within 7 days of the invoice or service.
• Both parties will attempt to resolve the matter in good faith before pursuing formal legal actions.

12. Governing Law

• These Terms are governed by the laws of Queensland, Australia.
• Any disputes will be under the jurisdiction of Queensland courts.