Terms and Conditions

EPH Acceptance
EPH may in its absolute discretion refuse any request to provide fill or cartage services to the Customer any time and for any reason.

Access
Unimpeded access to the material is required from 7am to 4pm on the preferred start date and subsequent dates unless otherwise agreed with the Customer. The Customer acknowledges that further fees may be charged in the event that access is not provided.

Variation
The Customer acknowledges that additional charges will apply if actual conditions vary from those upon which this quotation is based.

Load Rates
Unless otherwise specified, prices quoted are based on the material being able to be loaded at the following rates:

- 22 cubic metre load in the case of a Superdog;
- 20 cubic metre load in the case of a Tandem and Dog trailer; and
- 10 cubic metre loads for a Tandem.

Acknowledgement
The Customer acknowledges that although EPH request suppliers of fill to only provide "fill material" within the meaning of the EPA Information Bulletin 448.3, EPH does not verify whether the fill meets these requirements.

Increase to Quoted Price
The quoted price is based upon convenient dry access to the location at which trucks are to be loaded, and the material satisfying the description above. If these conditions are not satisfied, or if prices are based upon a rate per tonne and the weight of material varies from EPH’s assessment prior to quotation, the price to be paid will be EPH’s usual charge for actual conditions and/or material.

Warranty
Where the “contaminated fill” box is not ticked, the Customer warrants the material to be “fill material” within the meaning of EPA Information Bulletin 448.1 issued May 2004 or such other information Bulletin issued by the EPA in place of Information Bulletin 448.1 from time to time . Where the contaminated fill box is ticked, the Customer warrants that the fill has the character described by it to EPH (if any).

*Fill
Means Fill within the meaning of EPA Publication 448.3 Classification of Wastes, and all other descriptions correspond with the definition of those terms in that publication.

Disclaimer
To the extent permitted by law, all warranties and representations in relation to the provision of fill by EPH and its representatives, including any warranties or representations or guarantees as to the type or character of the fill, or the use to which it should be put, are excluded. The liability of EPH and its principals for breach of warranties or conditions implied by any applicable legislation is limited to supplying the fill again or at EPH’s option paying the cost of having the fill supplied again.

Indemnity
The Customer indemnifies EPH, its contractors, representatives, officers and agents (“its Representatives”) against any loss, claim, damage, cost or expenses incurred by EPH or its Representatives following the Customer’s instructions;

(a) EPH or its Representatives following the Customer’s instructions;

(b) the Customer’s negligence, act or omission; or

(d) material not having the description indicated on this quotation;

GST
All prices are exclusive of GST.

Term of quotation: This quotation is valid for 30 days unless otherwise advised.

*NOTE: Description provided denotes description provided to EPH as to the type of fill. EPH has not verified the accuracy of the information provided to it nor the type of fill to be provided. It offers no representation nor commitment that the fill supplied will correspond with the type indicated.

Conditions of Booking

1. When you hire an operator and plant through EPH (“the Engagement”), you are contracting directly with the operator. EPH is the booking agent for a number of operators. Acceptance of these terms is a condition of EPH accepting your booking of the Operator.

2. In addition to using its services as booking agent, you can pay EPH to have fill removed from site, or you can obtain fill through us from one of our customers (“the Fill Service”).

3. By Engaging the Operator, you indicate your acceptance of the following terms and conditions.

4. EPH excludes all liability and warranties to the maximum extent possible under law or statute. In particular, EPH does not make any representation or warranty that any fill provided to you through us is free from contamination, or provide any representation or warranty in relation thereto. You agree and warrant that EPH will have no liability to you in respect of any advice or representation as to any matter concerning the Engagement or attempted Engagement.

5. To the extent that any conditions or warranties imposed by law or statute, including the Trade Practices Act cannot be excluded, EPH limits its liability:

(a) in the case of an Engagement or attempted Engagement, to booking an operator again;

(b) in the case of removing fill, to removing fill again; and

6. You agree to indemnify EPH, its employees, agents, successors and assignees and hold them harmless from and against all claims made against EPH in respect of any loss, including consequential loss, damage, injury or death arising out of, or in any way connected with:

(a) the Engagement, attempted Engagement or failure to perform the Engagement;

(b) the provision of, attempted provision of or failure to provide fill; or

7. EPH may assign the benefits or obligations of these terms and conditions of Booking without your consent.

The terms and conditions of the Operator and of EPH are governed by the law applying in Victoria, Australia. Any termination of the Engagement does not affect any accrued rights or remedies of any party. A waiver by a party of any breach or a failure to enforce or to insist upon the observance of a condition of the terms and conditions of the Operator or EPH will not be a waiver of any other subsequent breach. If any part of the terms and conditions of the Operator or EPH is invalid, unenforceable, illegal, void or voidable for any reason, the terms and conditions will be construed and be binding on the parties as if the invalid, unenforceable, illegal, void or voidable part had been deleted from the terms and conditions or read down to the extent necessary to overcome the difficulty.

Operator’s terms of Hire

1. The Operator will provide the plant and a person to operate the plant in accordance with your request (“the Services”). The Operator will have no liability for failing to comply with your directions to the extent that such directions may pose a risk to any person or thing, including the plant.

2. You will pay the Operator in full and without deduction within 30 days of the date of invoice the aggregate sum of:

(a) Unless otherwise agreed, the hourly rates for hire as quoted by the EPH, for the first 8 hours worked on days other than public holidays, Saturdays or Sundays (“Normal Operating Hours”);

(b) An additional hourly charge as reasonably set by the Operator for the hours worked outside normal operating hours;

(c) The costs of delivery of the plant to the site location and the costs of returning the plant to the Operator’s address, [including a charge for the time taken for such delivery];

(d) Any amounts the Operator is entitled to, or is required to pay to any of its employees, sub-contractors, servant and/or agents, by way of allowances, charges or salaries under any award, statute, rule, regulation or order;

(e) Such other charges and costs arising out of any special or additional instructions or requirements given by you, any bogging or breaking down of the plant resulting from any instructions given by you and any delays caused by any instructions given by you;

(f) The amount of any damage sustained by the Operator as a result of any failure by you to correctly and accurately declare the weight, dimensions and/or description of the goods or material to be handled, lifted, transported, moved or otherwise worked on with or by the plant and any additional costs or charges incurred by the Operator which arise out of any such failure.

3. If you fail to pay the Operator in full within 30 days of the date of invoice, you will pay:

(a) interest calculated on the portion of the invoiced amount overdue at the rate of [1.5%] per month from the 30th day after the date of the invoice; and

(b) all collection costs, including legal costs (calculated on a solicitor and client basis), arising from your failure to pay when payment is due.

4. You grant the Operator an irrevocable licence to enter the site at any time and remove the plant.

5. To the maximum extent permitted by law:

(a) The Operator makes no representations or warranties as to the Services;

(b) the Operator’s liability (including liability for negligence) to you for any loss or damage, consequential or otherwise, suffered or incurred by you, arising from any:

(i) advice, recommendations(s), information regarding the Services, or the Services; and

(ii) failure, defect, act or omission of any kind connected with or arising out of the provision or attempted provision of the Services, is excluded; and

(c) the Operator’s liability for breach of any duty, obligation, warranty or representation, act or omission which cannot be excluded by these terms and conditions, including any duty, obligation, warranty or representation which cannot be excluded by law, is limited to providing the Services again.

6. You warrant that:

(a) you will satisfy yourself as to the suitability of the plant and the safety of the site, the services to be performed and the plant.

(b) the services to be performed by the Operator will not include the handling of Prescribed Industrial Waste within the meaning of the Environment Protection (Prescribed Waste) Regulations 1998.

7. You indemnify the Operator, its subcontractors, servants, agents and helpers and hold them harmless from and against:

(a) any loss arising out of a breach of these terms and conditions by you;

(b) all claims which may be made against one or more of them in respect of any loss, damage (consequential or otherwise), injury or death caused by, or in the course of, or arising out of or connected with, the provision or the attempted provision of the Services, or whilst the plant is on site;

(d) any loss, costs, damages or otherwise caused to you or any other person due to any accident, breakdown or defect in the plant or any part thereof or from any other cause whatsoever.

8. It is your responsibility to contact the appropriate authorities and verify the existence and location of any underground cables, pipes or other services. You hereby indemnify the Operator, its subcontractors, servants, helpers and agents against any claim for loss or damage (consequential or otherwise) to any person or property arising out of or connected with damage toor interference with underground cables, pipes or other services.