Terms of Trade

Terms and conditions of trade

Revision 2 June 2006

1. In these conditions:-

• 1.1 “the Company” means Radiodetection (Aust) Pty Ltd ACN 071 145 894 ABN 12 625 476 231 and its servants or agents trading as Environmental Location Systems.
   
• 1.2 “the Customer” means the buyer of the services or goods from the Company.
   
• 1.3 “the Works” means the work undertaken to locate the placement and depth of underground pipes, cable, sewer, drainage, telephone and storage tanks, and includes the location of faults and the preparation of CAD drawings of underground services or tanks.
   
• 1.4 “the Goods” means the sale, service, repair and training associated with the radio detection equipment sold by the Company.

2. These conditions (which shall only be waived in writing signed by the Company) prevail over all conditions of the Customer’s order (if any) to the extent of any inconsistency.

3. The goods sold and the works undertaken by the Company are sold or undertaken on these terms and conditions.

4. The time for performance of the works or supply of the goods made known to the Customer by the Company is an estimate only and the Company is not liable for any loss, damage or delay occasioned by late performance or non performance of its obligations.

5. The Company’s terms for payment are:-

• 5.1 immediately upon delivery of the goods to the Customer; or
• 5.2 immediately upon performance of the works for the Customer or, if agreed in writing by the Company, within fourteen days of the Company invoicing the Customer for the works performed.

6. To the extent that it is necessary for the Company to gain access to private land (the “property”) to perform the works for the Customer, then:-

• 6.1 The Customer warrants that it is legally able to grant that permission; and
• 6.2 Grants to the Company a licence to the Company to gain access to the property to perform the works or to re perform the works as is reasonably necessary.

The Company takes all reasonable care in locating and marking the location of underground services however, where work is to be conducted in the vicinity of the services so marked or in any other location identified by the Company, it is the responsibility of the Customer to establish


the presence or absence (as the case may be) of the services by hand excavation prior to the commencement of work. Except as provided in these conditions, the Company, shall be under no liability 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) which may be suffered or incurred from or in connection with the works or goods supplied by the Company.

7. The Company’s liability for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than section 69) is limited to:-

8.1 In the case of goods, any one or more of the following:-

• 8.1.1 The replacement of the goods or the supply of equivalent goods;
• 8.1.2 The repair of the goods;
• 8.1.3 The payment of the cost of replacing the goods or of acquiring equivalent goods;
• 8.1.4 The payment of the cost of having the goods repaired; or

8.2 In the case of works:-

• 8.2.1 The supply of the works again; or
• 8.2.2 The payment of the cost of having the works supplied again.

9. The Company’s liability under section 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the Customer an amount equal to:-

• 9.1 The cost of replacing the goods;
• 9.2 The cost of obtaining equivalent goods; or
• 9.3 The cost of having the goods repaired, whichever is the lowest amount.

9. The Contractor shall be deemed to have been discharged from all liability in respect of the works, whether under the law of contract or tort at the expiration of 12 months from either the date of completion of the works or the termination of the works: whichever is earlier.

10. The Customer must supply all current (less than thirty (30) days old) 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 plans.

The Company will conduct the works in accordance with guidelines established by Worksafe Victoria and the Customer must conduct its work in accordance with those guidelines and it is the responsibility of the Customer to familiarize themselves with the relevant guidelines. The Company shall not be under any liability 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 the guidelines by the Customer.

11. Without limiting the generality of the above, it is the Customer’s responsibility when working above or near underground services or in any other area marked or identified by the Company, to visually locate the presence of underground services or verify the absence of underground services by hand excavation or by the use of hand augers.

12. It is the Customer’s responsibility to ensure a safe working environment that complies with all Occupational Health & Safety requirements to enable the Company to carry out the works.

13. If there is any inconsistency between the provisions of these Terms and Conditions of Trade and the customer’s, then the provisions of the company’s terms of trade and conditions will prevail to the extent of any inconsistency.

14. These terms and conditions of trade and the works performed in accordance with them are governed by and are to be construed in accordance with the laws of Victoria.