Terms & Conditions of Trade

In these conditions:

“ACL” means the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010;

“Additional Charge” means:

1. fees or charges for additional work performed at your request or reasonably required as a result of the conduct, calculated in accordance with our current prices; and
2. expenses incurred by us, at your request, or reasonably required as a result of the your conduct.

“Asset Owner” means any person, entity, municipality, authority or other body who owns, operates or controls an Underground Service.

“Business hours” means Monday to Friday 8am to 5pm at your local time, excluding gazetted public holidays;

“Conditions” means these Terms and Conditions;

“Customer” or “you” means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us;

“Goods” means any goods supplied with the services.

“Goods and Services Tax (GST) has the meaning of the term as defined by A New Tax Syste.m (Goods and Services Tax) Act 1999 (Cth);

“Including” is not a word of limitation and means without limitation;

“Services” means all services performed by us to you and includes any advice or recommendations;

“Site” means the exact location where we will perform the services;

“Supplier” means the entity specified as the supplier of Goods or Services on the Quote and includes the Supplier’s agents and permitted assigns;

“Party” and “Parties” means (severally and not jointly) Tonkin and/or the Customer as the context requires;

“Price” means the cost of the goods/services as agreed;

“Quote” means a written description of the Goods or Services to be provided, an estimate of the Supplier’s charges for the performance of the required work and an estimate of the time frame for the performance of the work.

“Underground Service” includes but is not limited to mains, pipelines, cables, pipes or any other underground infrastructure.

1. These terms of trade apply to all transactions between us as the supplier and you as the customer relating to the provision of goods and services. This includes all quotations, contracts and variations. These terms of trade take precedence over terms of trade contained in any document of the customer or elsewhere.
2. The variation or waiver of a provision of these terms or a party’s consent to a departure from a provision by another party is ineffective unless in writing signed by the parties.
3. We reserve our right to amend these terms of trade at any time and any changes will take effect from the day we notify you of such change. You will have been taken to accept these amended terms of trade if you make a subsequent request for us to provide you with services.

Once we are asked to provide services to you, we will confirm those services via email. We will perform the services and supply the goods specified in the email confirmation sent to you which will include the quote, proposed services and proposed date of completion.

1. You accept that we base our quotes and recommendations on the information that is available to us at the time of issue. Any quote or recommendation that we have provided to you will expire:
2. after thirty (30) days from the date it has been supplied; or
3. if the quote or recommendation is accepted by you and is not paid in accordance with our payment terms.
4. Once the quote has expired, we cannot guarantee that the products and services offered will be appropriate or available at the price we have quoted or recommended.
5. From time to time we may provide you with verbal estimates for the supply of our services. Any verbal estimate is indicative only and is not considered a valid quote until it is provided to you in writing.
6. Following provision of a quote to you, we are not obliged to commence work until you have accepted the quote in writing, electronic acknowledgement, by email or text message.
7. We in our absolute discretion, may refuse to provide our services where:
   1. goods required for the provision of the services are unavailable for any reason; or
   2. credit limits cannot be agreed upon, have been exceeded or you are in breach of our trade credit agreement if applicable; or
   3. payment for services we have previously provided to you or any related corporation, or to any person or other entity who is, in our reasonable opinion, associated with you under the same or another supply contract, has not been received.

We reserve our right to take into account any rise or fall in the cost of completing the services and will notify you of any amendment as soon as practicable, at which point the amended quote will be the quote of the purposes of these terms of trade.

You agree to comply with these terms of trade by:

1. Asking us to proceed with providing you with goods and services;
2. Accepting the terms of this agreement via our online booking site; or
3. Accepting our quote in accordance with clause 4 above;

In the event of suspension or delay of work as a result of instruction or lack of instruction from the customer/client or his/her representative, the quote price may be increased at the discretion of Tonkin Group to cover extra expenses incurred thereby.

Due to the nature of the work being undertaken by Tonkin Group and the fact that with aged and damaged pipes that are otherwise difficult to access, circumstances can arise that are beyond the reasonable control of Tonkin Group that will necessitate variations to the work to be undertaken (including possible excavation) and may require Tonkin Group to amend its quotation.

These circumstances include:

a. Damage to existing pipe work being more extensive than Tonkin Group had reasonably anticipated.

b. Adverse weather conditions for example inclement weather.

c. The unexpected use of the pipe being repaired by the customer or others before repairs can be completed occurring time can be completed.

d. Any variations to the work will be quoted and forwarded prior to any variation being carried out. The variation must be signed by the proper authorised person.

e. Where possible, Tonkin Group will endeavour to complete the works within the time frame requested. However, in the absence of a specific agreement in writing with Tonkin Group as to the time completion of the works, Tonkin Group offers no guarantees as to when the work will be completed, primarily due to the factors referred to above.

e. Curing time for the relining system may vary depending on prevailing weather conditions.

f. All warranties will be provided after full payment is made.

g. Tonkin Group shall otherwise not be liable for any injury, loss or damage to person or property arising out of or in any way as a consequence of work carried out as a result of this quotation.

h. The client is responsible for obtaining any council or other statutory approvals & is responsible for the payment of any fees necessary to obtain those approvals unless otherwise specifically agreed in writing with Tonkin Group.

i. Tonkin Group agrees to reasonable cooperate in assisting the customer obtains any necessary approvals

1. You may request variations to the services which we are contracted to provide.
2. Requests for variations must be confirmed in writing and an updated quote will be provided to you.
3. Your continued instructions after receipt of the revised quote constitutes your acceptance to the revised quote.

1. We may require you to pay additional charges in respect of costs incurred by us as a result of reliance on inadequate or incorrect information or material provided by you or information or material supplied later than required by you in order for it to provide our services within the specified time frame (if any).
2. The imposition of additional charges may also occur as a result of:
   1. cancellation by you where cancellation results in loss to us;
   2. government or council taxes or charges not included in the quote;
   3. additional work required by you or any other occurrence which causes us to incur costs in respect of your quote; or
   4. where excavation of a site is required, if the soil is rocky, dense or clay.

1. We will endeavour to provide the services on the date set out in the quote and within our estimated timeframe of completion.
2. An indication of the time taken to provide the services in accordance with the quote is an estimate only and is not a fixed time frame. Subject to any obligation in respect of consumer guarantees under the Australian Consumer Law, this estimate is not binding on you.
3. You accept that there may be times where, due to the provision of services for other customers, weather, or due to any other unforeseen circumstances, the timeline that we estimate it may take to carry out your services is subject to change.

1. You agree to make payment in accordance with our payment terms unless you have been granted a credit account.
2. We may, at our absolute discretion, require you to pay a deposit for our services.
3. We may, at our absolute discretion, issue an invoice to you in any one or more of the following ways:
   1. prior to commencing the provision of the services, for an amount equal to the quote and additional charges.
   2. at the end of each week before the services are completed, we may issue one or more invoices for a proportion or the whole of the amount of the quote (the proportion to be calculated at our discretion either for work undertaken up until that that point in time, work in the future or both and require that proportion of the quote be paid in advance of any further services being provided.
   3. upon completion of the provision of the services, or any time thereafter, for an amount equal to the quote or the balance of the quote outstanding, any additional charges and any amount not previously invoiced, or if no quote was provided, for an amount representing the Supplier’s charge for the work performed in completing the order and for any additional charges.

Upon issuing our invoice to you, payment is to be made strictly within 14 days.

1. In the event that an invoice is due but unpaid, we may withhold the provision of our services until overdue amounts are paid in full.
2. If you give us less than twenty-four (24) hours’ notice to cancel any request for onsite service, then we may charge a cancellation fee equal to the first hour of service at the rates quoted at the time of booking for the loss and expense caused.
3. You must pay to us on demand interest at the rate of 10% per year on all overdue amounts owed by you to us, calculated daily.
4. In the event we attend a site for the purposes of quoting prospective services which require investigative use of tools, prescribing a scope of works or diagnosis of fault and you elect not to engage us for the services, we may charge our time on our standard hourly labour rate.

1. You represent and warrant to us that you are the owner of, or authorised to occupy the premises, and/or have the right and authority to instruct us to carry out the services.
2. If we are attending your property, you must ensure that a person authorised by you, of at least 18 years of age is present at the property for the duration of the provision of onsite services.
3. You warrant to us that you hold all the necessary licences and approvals (including local government approvals), for us to perform the services. Should you instruct us to make enquiries or obtain these on your behalf, you agree to bear the responsibility and any costs associated. You further agree that you will provide:
   1. clear and free access to the areas of your premises necessary to provide the services;
   2. electrical power (where applicable); and
   3. water supply (where applicable)

1. Unless, in writing, you provide otherwise, any demolished, excess, or discarded articles that are no longer fit for purpose at the site of the services will remain your property and responsibility to remove.
2. Except where we are responsible at law, you are responsible for the disposal of any waste that arises from the provision of our services.

You acknowledge that the presence of tree or plant roots in drains, sewer pipes or storm water drains may be indicative of blockages or damage. In such circumstances, while we may be able to rectify the issue at hand, we cannot provide a warranty or guarantee that any damage or blockage will not reoccur if the issue stems from a tree or plant root.

1. 1. Scope of Service: The service provider agrees to perform underground asset locating services as requested by the client. This may include but is not limited to the identification and marking of underground utilities such as electrical lines, gas pipelines, water mains, telecommunication cables, and sewer systems.
   2. Accuracy of Information: The service provider shall make reasonable efforts to accurately locate underground assets based on available information and industry standards. However, the client acknowledges that certain factors, including the age and condition of underground infrastructure, may affect the accuracy of the locating services.
   3. Limitation of Liability: The service provider shall not be liable for any damages, including but not limited to direct, indirect, incidental, or consequential damages arising from inaccuracies in the location of underground assets or any reliance on the information provided.
   4. Access to Property: The client agrees to provide the service provider with access to the property where underground assets are to be located. The client shall ensure that the service provider has the necessary permissions and clearances to perform the locating services.
   5. Safety Precautions: The client acknowledges the inherent risks associated with underground asset locating activities. The client agrees to take appropriate safety precautions and to follow any instructions provided by the service provider to ensure the safety of personnel and property during the locating process.
   6. Confidentiality: The service provider agrees to treat all information obtained during the course of the locating services as confidential. This includes any maps, drawings, or other documentation provided by the client. The service provider shall not disclose such information to third parties without the client’s consent, except as required by law.
   7. Indemnification: The client agrees to indemnify and hold harmless the service provider, it’s office, directors and employees from any claims, damages or liabilities arising out of the related location of services. Including but not limited to any claims by third parties for property, infrastructure or personal injury.

You acknowledge that:

1. risk in goods passes to you upon delivery;
2. property and title in goods supplied to you and supplied in connection with the services under these terms of trade does not pass to you until all money (including money owing in respect of other transactions between us and you) due and payable to us by you has been fully paid;
3. where goods are supplied by us in connection with the services without payment in full of all moneys payable, you acknowledge that we have a right to register and perfect a personal property security interest over the goods.

1. You agree to indemnify and will keep us indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by us in connection with your breach of these terms of trade or your breach of any rights of third parties.
2. Where we are liable to you under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, in its option, in relation to services:
   1. supplying of the services again; or
   2. payment of the cost of having the services supplied again.
3. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
   1. interruption of business;
   2. loss or damages of any sort incurred as a result of dealings with us;
   3. events beyond our reasonable control.

We emphasise that in agreeing to these terms of trade, you indemnify us for any violations of these terms of trade that result in any loss to us or the bringing of any claim against us by any third party. This means that if we are sued because of you or your client’s activities, you will pay the damages awarded against us in addition to costs and interest.

You will not advertise, use or represent our intellectual property in any way without our prior written consent.

If a dispute arises regarding unpaid goods or services, the Building and Construction Industry and Security of Payment Act 1999 (NSW) or the Building and Construction Industry Security of Payment Act (VIC) may apply.

1. If circumstances beyond the Supplier’s control prevent or hinder its provision of the Goods or Services, the Supplier is free from any obligation to provide the Goods or Services while those circumstances continue. The Supplier may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
2. Circumstances beyond the Supplier’s control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, pandemic restrictions and prohibitions or any other actions by any government or semi government authorities, transport difficulties and failures or malfunctions of computers or other information technology system.

Any waiver by any party to a breach of these terms and conditions shall not be deemed to be a waiver of a subsequent breach of the same or a different kind.

These terms and conditions are governed by the laws of New South Wales. As far as possible all provisions of these terms and conditions will be construed so as not to be void or otherwise unenforceable. If anything in these terms and conditions is void or otherwise unenforceable then it will be severed, and the rest of the terms and conditions remains in force.

We are committed to protecting your privacy and our policy is to comply with the appropriate Australian Privacy Principles for the handling of personal information in accordance with the Privacy Act 1988 (Cth).

Our Privacy Policy can be viewed at www.tonkingroup.com.au/privacypolicy