Terms and Conditions

"Contractor" means Mark Jones Excavations (ABN 12 178 646 821), its successors and assigns.

"Customer" means the person or entity requesting excavation services as specified in any quote, invoice, or order. If there is more than one Customer, each is jointly and severally liable.

"Services" means all excavation works, earthmoving, material supply, and related services provided by the Contractor.

"Site" means the location where Services are to be performed as agreed with the Customer.

"Quote" means any quotation provided by the Contractor for the provision of Services.

"Materials" means any sand, gravel, soil, rock, or other materials supplied by the Contractor.

2.1 The Customer accepts these terms and conditions when they accept a Quote, place an order, or accept delivery of Services.

2.2 These terms and conditions may only be amended with written consent from the Contractor and shall prevail over any other document or agreement between the parties.

2.3 Quotes are valid for 30 days from the date issued unless otherwise specified.

3.1 The price shall be as quoted, or if no quote was provided, as per the Contractor's current rates at the time of service.

3.2 The Contractor reserves the right to adjust pricing if:

• A variation to the quoted work is requested
• Hidden difficulties are discovered (rock, poor ground conditions, underground obstructions)
• The scope of work changes from what was originally quoted
• Access to the Site differs from what was agreed

3.3 A deposit may be required at the Contractor's discretion before work commences.

3.4 Payment is due within 7 days of invoice unless otherwise agreed in writing.

3.5 All prices are in Australian dollars and exclude GST unless otherwise stated. GST will be added to all taxable supplies.

3.6 Payment may be made by cash, bank transfer, or other methods agreed with the Contractor.

4.1 The Customer shall ensure the Contractor has clear and free access to the Site at all times to perform the Services.

4.2 The Contractor shall not be liable for any damage to the Site including driveways, pathways, lawns, or paved areas that may occur during normal access and operation of equipment, unless caused by negligence.

4.3 If the Contractor is unable to access the Site due to conditions not disclosed by the Customer, the Contractor may charge additional fees for return visits or delays.

4.4 The Customer must ensure the Site is safe and complies with all relevant workplace health and safety requirements.

5.1 The Customer is responsible for identifying and marking the location of all underground services on the Site before work commences. This includes but is not limited to:

• Electrical cables and conduits
• Gas pipes
• Water mains and irrigation systems
• Sewer and stormwater pipes
• Telecommunications and fibre optic cables
• Any other underground infrastructure

5.2 The Customer must provide the Contractor with "Dial Before You Dig" plans or equivalent documentation prior to work commencing.

5.3 If underground services are damaged due to the Customer's failure to accurately identify and mark their location, the Customer agrees to indemnify the Contractor against all claims, costs, and damages arising from such damage.

5.4 While the Contractor will take reasonable care to avoid damage to known underground services, the Contractor accepts no liability for damage to services that were not properly identified and marked.

6.1 The Contractor maintains public liability insurance for the provision of Services.

6.2 Risk in any Materials supplied passes to the Customer upon delivery to the Site.

6.3 Any damage to the Site or property must be reported to the Contractor in writing within 7 business days of occurrence. Claims reported after this period may not be accepted.

6.4 The Customer is responsible for ensuring adequate insurance coverage for their property during the provision of Services.

7.1 The Customer shall:

• Provide accurate information about the Site and the work required
• Ensure the Site is clear of obstacles and ready for work on the agreed date
• Obtain any necessary permits, approvals, or council permissions
• Ensure neighbours are informed of the works where appropriate
• Provide access to water and electricity if required for the Services
• Remove valuable or fragile items from the work area

7.2 If the Customer provides plans or specifications, the Contractor is entitled to rely on their accuracy. The Contractor accepts no responsibility for errors in Customer-supplied information.

8.1 Any changes to the quoted scope of work will be charged as variations at the Contractor's current rates.

8.2 The Contractor will advise the Customer of any variations before proceeding where practical. In urgent situations or where the Customer is not available, the Contractor may proceed with necessary variations and charge accordingly.

8.3 Unforeseen ground conditions (rock, contaminated soil, excessive water) that require additional work or equipment will be charged as variations.

9.1 The Customer may cancel a booking by providing at least 48 hours' notice. Cancellations with less notice may incur a cancellation fee.

9.2 If the Contractor attends the Site and is unable to commence work due to conditions beyond their control (including Site not ready, no access, or weather conditions), a call-out fee may apply.

9.3 The Contractor may cancel or reschedule work due to weather conditions, equipment breakdown, or other circumstances beyond their control without liability.

10.1 To the maximum extent permitted by law, the Contractor's total liability for any claim arising from the Services is limited to the value of the Services provided.

10.2 The Contractor shall not be liable for any indirect, special, or consequential loss including loss of profits, business interruption, or loss of opportunity.

10.3 Nothing in these terms excludes or limits any consumer guarantees under the Australian Consumer Law that cannot be excluded by law.

10.4 Neither party shall be liable for any failure to perform obligations due to events beyond their reasonable control (force majeure), including but not limited to severe weather, natural disasters, or government restrictions.

11.1 The Customer must inspect the completed work and notify the Contractor of any defects within 7 days of completion.

11.2 The Contractor will rectify any defects in workmanship that are reported within a reasonable timeframe at no additional cost.

11.3 The Contractor is not liable for defects caused by:

• Natural ground movement or settlement
• Work by other contractors or third parties
• Customer interference with completed work
• Extreme weather events
• Use of the work area before recommended settling periods

12.1 Both parties shall comply with all applicable laws, regulations, and standards including workplace health and safety requirements.

12.2 The Customer is responsible for obtaining all necessary permits and approvals for the work.

12.3 The Contractor will perform all work in accordance with relevant Australian Standards and industry best practices.

13.1 The Contractor collects personal information from Customers for the purpose of providing Services, invoicing, and communication.

13.2 Personal information will be handled in accordance with the Privacy Act 1988 (Cth) and will not be disclosed to third parties except as required by law or for the provision of Services.

13.3 Customers may request access to their personal information by contacting the Contractor.

14.1 Any dispute arising from these terms should first be raised directly with the Contractor in writing.

14.2 Both parties agree to attempt to resolve any dispute in good faith before pursuing legal action.

14.3 If a dispute cannot be resolved, the parties agree to participate in mediation before commencing court proceedings.

15.1 These terms and conditions are governed by the laws of Western Australia and the parties submit to the jurisdiction of the courts of Western Australia.

15.2 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 The failure of either party to enforce any provision shall not be treated as a waiver of that provision.

15.4 These terms and conditions constitute the entire agreement between the parties regarding the Services and supersede any prior agreements or representations.