Terms, Conditions and Disclaimers

Please take note of the following advice and if any of this is unclear, please contact the above before engaging Underground IQ Pty Ltd (UiQ): By engaging UiQ to undertake utility, asset, pipe and cable location services, you acknowledge and accept all conditions as outlined below.

UiQ, it’s businesses, and associates, are certified locators and conduct searches for underground assets utilities pipes and cables with professionalism. UiQ offers a risk mitigation service: there was risk when we arrived, and some risk will still be present when we finish; we cannot eliminate risk. No statement (written or verbal) shall be understood by our clients to have eliminated risk. The project coordinator (the client) bears the responsibility, risk and liability in the event of a ‘strike’.

Definitions

1.1 In these Conditions, the following words will have the following meanings:

“Business day” means a day on which trading banks are open for business in Queensland excluding a Saturday or Sunday or a public holiday, special holiday.

“Company” means Underground iQ Pty Ltd ACN 665 730 736 and will include its employees, servants, agents and/or duly authorised representatives.

“Contract” means a Contract which incorporates these terms and conditions made between the Customer and the Company for the provision of the Services by the Company to the Customer.

“Customer” means the person, firm, company or other organisation engaging the Company to undertake the Services.

“Force Majeure” means any event outside a party’s reasonable control including but not limited to Acts of God, war, flood, fire, labour disputes, strikes, sub- contractors, lock-outs, riots, civil  commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events.

“GST” means any tax imposed by or through the GST Legislation on supply (without regard to any input tax credit).

“GST Legislation” means A New Tax System (Goods and Services Tax) Act 1999 (“Act”) and any related tax imposition Act (whether imposing tax as a duty of customs excise or otherwise) and includes any legislation which is enacted to validate recapture or recoup the tax imposed by any of such Acts.

“Insolvent” means:

  1. becomes Insolvent or unable to pay that party’s debts; or
  2. commits an act of bankruptcy; or
  3. is made bankrupt; or
  4. assigns assets for the benefits of creditors generally; or
  5. makes a composition or other arrangement with creditors; or
  6. being a company goes into liquidation or receivership.

“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities.

“Location” means the location at which the Services are to be undertaken by the Company for the Customer.

“Services” means the services and/or work (if any) to be performed by the Company.

“Substantial Breach” by the Customer includes, but is not limited to:

  1. failing to pay any money due and owing to the Company within five (5) business days of the date for payment; and
  2. substantially or persistently obstructing the Company in the performance of the Services. Provision of Services

2.1 The Company will provide the Services to the extent requested by the Customer to the Customer on a day and at a time advised by the Company to the Customer and agreed with by the Customer. The Customer will provide such assistance to the Company as may be reasonably required by the Company whilst undertaking the Services and the Customer will not interfere with the performance of the Services by the Company.

2.2 If the Customer or any person authorised by the Customer causes any interference to the performance of the Services by the Company to the Customer and such interference causes a delay to the provision of the Services or causes the Company to incur additional costs the Customer will be liable to the Company for the delay or the additional costs or both as the case may be.

2.3  The Customer will comply with the reasonable instructions of the Company to enable the Company to undertake and complete the Services. The Customer must give the Company uninterrupted access to and possession of the Location to carry out the Services. The Customer agrees that the Company will be entitled to occupy the Location until such time as the Company has completed the Services. The Customer will allow or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Company’s employees, sub- contractors or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.

2.4 The Customer acknowledges that the functionality and limitations of the technical equipment being used by the Company in undertaking the Services have been fully explained to the Customer and the Customer understands all reasonably foreseeable implications that may arise from the same including but not limited to cables, wires, pipes or other conduits being present but undetected by the Company, the location of any cables, wires, pipes or any other conduit detected by the Company whilst undertaking the Services as disclosed by the Company to the Customer being subject to possible error.

Fees and Payment

3.1 The amount of any fees for any Services shall be invoiced to the Customer upon completion of the Services and must be paid by the Customer to the Company upon receipt of the invoice from the Company without any set-off, deduction, counter-claim or any other withholding of monies. Such fees will be calculated based on the hourly rates of the Company from time to time and the determination of the fee by the Company shall be final and binding on the Customer.

3.2 Payment by the Customer, on time, under the Contract is an essential condition of the Contract.

3.3 Payment shall not be deemed to be made until the Company has received in either cash or cleared funds in respect of the full amount outstanding.

3.4 The parties agree and acknowledge that all pricing, consideration and amounts otherwise payable under the Contract have been or will be calculated on a GST inclusive basis.

Interest

4.1 The Customer must pay the Company interest on overdue payments at the rate of 2% thereof for each month or part of a month during which any such payment shall be overdue or at the Commonwealth Bank of Australia Standard Variable Rate applicable to home loans at the time the payment becomes overdue plus 5% per annum whichever is the greater rate.

Customer Obligations

5.1 Prior to the Company commencing the Services the Customer must:

  1. obtain and make available to the Company at least seven (7) days prior to the Company commencing the Services any plans detailing the approximate location of all pipes, conduits, drains, ducts, or wires as the case may be as requested in writing by the Company; and
  2. provide to the Company evidence of the Customers title to the Location.
  3. If the Customer fails to comply with its requirements under Clause 4.1 above or any part of them to the complete satisfaction of the Company, the Company may in its absolute discretion:
  • delay the commencement of the Services to the Customer until the Customer provides such information; or
  • terminate the Contract.

5.2 The Customer must at all times comply with all instructions from any service providers given from time to time in relation to any drains, pipes, conduits, ducts or wires located in on or around the Location.

Termination Prior to Commencement

6. 1 The Company will at its absolute discretion be entitled to terminate the Contract at any time prior to the Company commencing the Services. The Company will not be liable for any loss, costs, fees, expenses or other losses incurred by the Customer resulting from such termination.

Default

7.1 If the Customer:

  1. fails to make any payment to the Company when due without just cause;
  2. breaches the terms of the Contract and, where the breach is capable of remedy, has not been so remedied within fourteen (14) days of receiving notice requiring the breach to be remedied;
  3. persistently breaches the terms of the Contract;
  4. provides incomplete, materially inaccurate or misleading facts or information in connection with the Contract;
  5. being a company, ceases or threatens to cease to carry on business;
  6. in the reasonable opinion of the Company is not of sufficient financial standing to meet its obligations under the Contract;
  7. appears reasonably to the Company to be about to suffer any of the above events, then the Company shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 7.2 below.

7.2 If any of the events set out in clause 7.1 above occurs in relation to the Customer, then:

  1. the Company may enter without prior notice the Location to remove any equipment belonging to the Company;
  2. the Company may immediately cancel, terminate or suspend without liability to the Customer the Contract or any other contract with the Customer;
  3. any delay or acquiescence by the Company shall not affect the Company’s right to recover from the Customer any monies due under the Contract or any damages in respect of any breach of the Contract;
  4. upon termination of the Contract, the Customer will immediately pay to the Company all and any sums payable under the Contract;
  5. if the Customer fails to make payment after a period of time, as determined by the Company, and deem it necessary to engage the services of a collection agency, the Company will re-issue the outstanding invoice with the addition of a 15% fee to cover this cost.

Assignment and Subcontracting

8.1 The Company may assign the Contract or the Services to be provided under it without the prior written consent of the Customer.

8.2 The Company may subcontract the Services or any part thereof without the prior written consent of the Customer.

9.1 A party supplying plans for use in the performance of the Contract warrants that those plans may be so used and indemnifies the other party against any action by any person claiming ownership or copyright in respect of such plans.

9.2 Where plans are drawn by the Company, the Customer agrees that between the Customer and the Company, the Company has copyright over those plans.

Termination

10. 1 If either party is in Substantial Breach of the Contract, the party not in breach may give the other party a written request to remedy that breach.

10.2 If the Substantial Breach is not remedied within five (5) business days, the party not in breach may end the Contract by giving written notice to that effect.

10.3 If the Contract is terminated pursuant to this Condition the Customer must pay the Company the reasonable value of any work properly carried out by the Company prior to that termination and which has not been the subject of previous payment.

10.4 The right to terminate under this Condition is in addition to any other powers, rights or remedies the terminating party may have.

Termination for Insolvency

11.1 Notwithstanding Clause 10 should a party become Insolvent then the other party may, by giving a written notice, immediately terminate the Contract.

Dispute Resolution

12.1 Any dispute between the Customer and the Company arising under or in connection with the Contract and which requires proceedings for resolution must be referred to the Queensland Building and Construction Commission (QBCC).

12.2 Where a dispute has arisen under or in connection with the Contract the Company may in its absolute discretion cease undertaking the Services until after the dispute has been resolved.

Notices

13.1 Any notice under the Contract must, unless otherwise stated, be given in writing and sent to the party to whom the notice is to be given at the last known address of that party in one of the following ways:

  1. delivered to the other party by hand; or
  2. delivered by prepaid post to the last known address of that party; or
  3. sent by email to the last known email address of that party.

13.2 Any notice sent by post is deemed to be given at the time when by the ordinary course of post it would have been delivered.

13.3 Any notice sent by email is deemed to be given at the time when a valid transmission report is received by the sender.

Severability

14.1 If any provision of the Contract is unenforceable or void either in whole or in part for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of the Contract.

Governing Law and Jurisdiction

15.1 The Contract will be construed in accordance with and governed by the laws of the State of Queensland.

Headings

16.1 Headings are for ease of reference only and do not affect the construction of the Contract.

Limitations of Liability

17.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.

17.2 If the Company is found to be liable in respect of any loss or damage to the Customer’s property, the extent of the Company’s Liability will be limited to the retail cost of replacement of the damaged property.

17.3 The Company shall have no liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customers actions or default or failure to notify the Company after any defect has become apparent or suspected or should reasonably have become apparent to the Customer.

17.4 The Customer will give the Company a reasonable opportunity to remedy any matter for which the Company is liable before the Customer incurs any costs or expenses in remedying the matter itself. If the Customer does not do so, the Company will have no liability to the Customer.

17.5 The Company will have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract.

17.6 The Company will have no Liability to the Customer for any:

  1. economic or other similar losses;
  2. special damages or indirect losses;
  3. business interruption, loss of business, contracts or opportunity.

17.7 The Company’s total Liability to the Customer under or arising in relation to the Contract will not exceed the fees charged by the Company for the Services detailed on a tax invoice delivered by the Company to the Customer in accordance with the Contract.

17.8 Nothing in the Contract shall exclude or limit the Liability of the Company which it is not permitted to exclude or limit as a matter of law.

17.9 The Customer will be liable for the acts or omissions of its employees, agents, servants or sub-contractors as though they were its own acts or omissions under the Contract; and

a. The Customer agrees to indemnify and keep indemnified the Company against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses or liability suffered by the Company and arising from or due to any breach of contract or any breach of statutory duty by the Customer;

b. No waiver by the Company of any breach of the Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect;

c. The Company shall have no Liability to the Customer for any delay or non-performance of the Contract to the extent that such delay is due to any Force Majeure events. If the Company is affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

17.10 The Company will not be liable for nor will it be obliged to make good any damage to any lawn, garden area, plants, trees, shrubs, bushes, or any other similar items where such damage is caused  by the Company during the performance of the Services. The Company will use its reasonable endeavours whilst performing the Services at the Location to minimize any such damage.

17.11 Any and all liability of the Company to the Customer for loss, damage or injury of any kind whether direct, indirect, or consequential arising from the negligence, wilful act or default, breach of the Contract by the Company or its employees, agents or subcontractors or otherwise in connection with this Contract is excluded to the fullest extent permitted by law.

17.12 To the extent permitted by law the liability of the Company for breach of conditional warranty implied by the Trade Practices Act 1974 in relation to the supply of services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited at the option of the Company to:

  1. In the case of goods – the replacement, repair or payment of the cost of replacement or repair of the goods; and
  2. In the case of services – supply of services again or payment of the cost of having the services supplied again.

Indemnity

18.1 The Customer will indemnify the Company, its affiliates, their respective officers, directors, employees and agents from and against any and all actions, claims, costs, demands, judgments and liabilities whatsoever without limitation arising out of the breach by the Customer of any of its obligations under the Contract or the advice provided by the Company or the Services provided by the Company.

Limitations

19.1 The equipment utilised to conduct underground service location is inherently limited in its capability by current advances in technology. Additionally, difficulties regarding the physical conditions encountered whilst in the field, further limit the ability of the equipment to detect all underground services. These factors include the depth to the service, the soil composition in the area and the concealment of service pits.

19.2 Best results are obtained by using a combination of electronic (EMF) location with trace rods and sondes, ground penetrating radar (GPR) and vacuum excavation. We offer EMF location; GPR because it does not comply with AS5488, is not standard and is only included in the costs where specified. We can provide advice and recommendations for vacuum excavation work, as well as a suitable supplier of this service.

19.3 UiQ employees, contractors and subsidiaries (UiQ) will not dismantle or otherwise tamper with fittings or fixtures for the purpose of inserting a trace rod. In addition, potholes are not performed unless specifically quoted. Where a client requests potholes after arriving on site, and the Company agrees to pothole services, the pothole is at an additional $160/hr above any quoted price.

Specific Advice on Service Location

20.1 By utilising various locating technologies and techniques, UiQ has an extensive record of success in accurately locating buried pipes, conduits and cables. The Australian Standard for utility locating [AS 5488 Classification of Subsurface Utility Information (SUI)] states that the deviation in accuracy for QL-B service location is, 500mm vertically and 300mm horizontally. UiQ utilises the Australian Standard as part of our policies and procedures. However, it must be noted that there may be more than one buried service at any location, within close proximity to each other and/or buried beneath one another. Additionally, AS5488 applies to EMF locatable objects. Objects that are not EMF locatable include, concrete and asbestos, optical fiber, PVC, polyethylene pipe, as well as short cables, or cables with significant interference. Where we can utilise locatable rods through these conduits, we can locate otherwise “unlocatable” utilities. Pipe configuration (such as sharp bends, ‘jump-ups’ etc) or obstructions (such as roots or stones, etc) that prevent access for a tracerod (locatable rod) thus preventing EMF location means this concludes the quoted works for that conduit (regardless of the distance located) and additional work (such as GPR) will be quoted separately. Quotes for locating such assets where we cannot use locatable rods are not included in our normal quotes. Locating these is time consuming and requires specialist equipment; you must specify in your quote request that you require that these are located.

20.2 Due to limitations inherent in the electronic location technology being employed and/or the lack of information regarding underground services in a particular area, some services may remain undetected despite UiQ’s best efforts. As electronic location is the method of identifying and marking services, these conform to a Quality Level B (QL-B) survey, as outlined in the Australian Standard. The exact location and depth of services (QL-A) can only be ascertained by non-destructive hand or vacuum excavation, as appropriate (i.e.pot holing). If QL-C or QL-D is indicated on a report, it is strongly recommended that non-destructive excavation used to verify the location of assets and that the intended excavation site is clear of assets. Some asset owners require non-destructive excavation to verify the location of their assets prior to works. Ensure you read their duty of care or terms and conditions for each asset owner.

20.3 We take no responsibility for the location of services, except in accordance with the above disclosure. Overall, any work around underground services involves a degree of risk. As such, service location is a form of risk management and ultimate responsibility lies with you, the client, or those you have a duty of care towards, having been informed of such risks and choosing to proceed on that basis.

20.4 Clients must comply with the Best Practice (Technical Guide) For Locating Underground Assets, which can be found here: https://www.1100.com.au/wp-content/uploads/2017/08/Best-Practice-Guide-for-Locating-Underground-Services.pdf Clients must also comply with the Queensland Excavation Code of Practice: https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0018/72630/excavation-work-cop-2021.pdf

20.5 Clients are to take all steps necessary to comply with the duty of care statements contained within the asset owners’ correspondence received with Before You Dig® requests. You, or those you have a duty of care towards, must have a copy of the Before You Dig® plans, that are in date, on-site during any work that breaks ground. Some asset owners are not members of Before You Dig® and these plans should be requested from these owners directly.

Orthographic Mapping

21.1 Orthographic mapping of underground utilities is offered for many of our clients at no extra charge. Clients acknowledge that numerous factors beyond our control affect orthographic mapping and its quality, including, but not limited to: air traffic control permission, weather, location of trees/shrubs that may obstruct camera angles, location of pedestrian traffic, orthographic conversion engine.

GNSS/RTK Mapping

22.1 Where GNSS/RTK mapping is offered to our clients, clients acknowledge that additional margins of error are introduced beyond AS5488. These cannot be mitigated further. Not all areas are able to receive GNSS/RTK mapping. Where RTK connections are possible, increased margins are usually below 5cm, and in most cases below 2cm. Where RTK connections are not possible, additional margins of error may be up to 1.5m. Your report will note the mapping accuracy tolerances.

RPA Authorisation

23.1 UiQ uses drones (also called Remote Piloted Aircraft ‘RPA’) to capture aerial photographs to capture the indicated location of underground utilities.  By engaging Underground iQ you declare that you are the “occupier” of that work area and surrounds (hereafter ‘property’, and you authorise Underground iQ to operate a drone (RPA) above your property and above you, your children, pets, livestock, and any goods and assets, and any other persons and their goods in the work area. The drone may capture images and/or videos of details of your property, house, buildings, assets, equipment, and persons and animals on the property. Underground iQ values your privacy and will only keep images on its own server, and not upload them to a public server without your permission. You certify that you have obtained permission from all persons including staff (and others you cannot grant permission on behalf of) to stay outside 30 metres from the drone operations and path area until notified by UiQ staff that the operation is completed. Where you have not and cannot reasonably obtain permission, you warrant you will direct all persons, pets, and livestock for whom permission is not obtained, to remain indoors until notified by UiQ staff that the operation is completed. In the event of failing do do this and/or failure to prevent same from moving into the operation area, you indemnify UiQ against all losses and/or damage resulting from RPA operations, including but not limited to events resulting from deviations from regulations and/or loss of control (e.g., arising from control-link failure, battery failure, etc.).

CCTV

24.1 CCTV pipe inspection relies on the visual classification of defects and as such, is subject to human error in both the detection and classification of said defects. We take all reasonable care in the performance of CCTV inspections but accept no responsibility for undocumented or misclassified defects. If a defect prevents the entire conduit from being inspected, this concludes the quoted works (regardless of the distance inspected) and additional work will be quoted separately.

24.2 CCTV reports and associated files will be provided by downloadable link. CCTV is not included in the standard quote unless specified. These files can also be provided on USB storage medium at the cost price of the USB drive and will be delivered to the designated location for an administration fee of $99.00.

24.3 Please take note of the following advice and if any of this is unclear, please contact the above before engaging Underground iQ Pty Ltd (UiQ): By engaging UiQ to undertake works, you acknowledge and accept all conditions as outlined both here and contained in UiQ’s Terms and Conditions (available upon request).

24.4 By utilising various locating technologies and techniques, UiQ has an extensive record of success in accurately locating buried pipes, conduits and cables. The Australian Standard for utility locating [AS 5488 Classification of Subsurface Utility Information (SUI)] states that the deviation in accuracy for QL-B service location is, 500mm vertically and 300mm horizontally. UiQ utilises the Australian Standard as part of our policies and procedures. However, it must be noted that there may be more than one buried service at any location, within close proximity to each other and/or buried beneath one another.

24.5 Due to limitations inherent in the electronic location technology being employed and/or the lack of information regarding underground services in a particular area, some services may remain undetected despite UiQ’s best efforts. As electronic location is the primary method of identifying and marking services, these conform to a Quality Level B (QL-B) survey, as outlined in the Australian Standard. The exact location and depth of services (QL-A) can only be ascertained by non-destructive hand or vacuum excavation, as appropriate (i.e.pot-holing).

24.6 We take no responsibility for the location of services, except in accordance with the above disclosure.

24.7 Overall, any work near underground services involves a degree of risk. As such, service location is a form of risk management and ultimate responsibility lies with you, the client, or those you have a duty of care towards, having been informed of such risks and choosing to proceed on that basis.

24.8 Clients are to take all steps necessary to comply with the duty of care statements contained within the asset owners’ correspondence received with Before You Dig requests. You, or those you have a duty of care towards, must have a copy of the Before You Dig Plans, that are in date, on-site during any work that breaks ground. Some asset owners are not members of Before You Dig and these plans should be requested from these owners directly.

24.9 Not only is it a requirement stipulated by some asset owners that services are validated by potholing, but we strongly recommend this is completed before excavating around any services. We do not provide this service, but we can refer a company that can assist.

24.10 CCTV pipe inspection relies on the visual classification of defects and as such, is subject to human  error in both the detection and classification of said defects. We take all reasonable care in the performance of CCTV inspections but accept no responsibility for undocumented or misclassified defects. If a defect prevents the entire conduit from being inspected, this concludes the quoted works (regardless of the distance inspected) and additional work will be quoted separately.

Mandatory Variation

25.1 UiQ employees are trained to identify and assess confined spaces. We avoid entering confined spaces wherever possible through various means; however, this sometimes becomes necessary. 

25.2 Confined space hazards include:

  1. Poor air quality: There may be an insufficient amount of oxygen for the worker to breathe. The atmosphere might contain a poisonous substance that could make the worker ill or even cause the worker to lose consciousness. Natural ventilation alone will often not be sufficient to maintain breathable quality air.
  2. Hazards from asphyxiants – Simple asphyxiants are gases which can become so concentrated that they displace oxygen in the air (normally about 21 percent). Low oxygen levels (19.5 percent or less) can cause symptoms such as rapid breathing, rapid heart rate, clumsiness, emotional upset, and fatigue. As less oxygen becomes available, nausea and vomiting, collapse, convulsions, coma, and death can occur. Unconsciousness or death could result within minutes following exposure to a simple asphyxiant. Asphyxiants include argon, nitrogen, or carbon monoxide.
  3. Chemical exposures due to skin contact or ingestion as well as inhalation of ‘bad’ air.
  4. Fire hazard: There may be an explosive/flammable atmosphere due to flammable liquids and gases and combustible dusts which if ignited would lead to fire or explosion.
  5. Physical hazards – noise, heat/cold, radiation, vibration, electrical, and inadequate lighting.
  6. Safety hazards such as moving parts of equipment, structural hazards, engulfment, entanglement, slips, falls.
  7. Vehicular and pedestrian traffic.
  8. Flood or release of free-flowing solid or liquid.
  9. Visibility (e.g., smoke particles in air).
  10. Biological hazards – viruses, bacteria from faecal matter and sludge, fungi, or moulds.

25.3Often, confined spaces also include working at heights hazards, as in the case of sewer and storm water maintenance holes. These hazards pose a serious immediate risk to workers and cannot be anticipated before attending site. Should a confined space be encountered that, for the purposes of this project, requires an employee to enter and carry out work, it will be considered a variation to the supplied quotation. Routine confined space work will incur a $99.00 fee, per occurrence, which will be added to the final invoice (please make allowance for this). Complex confined space work will be costed and quoted for approval prior to any further work being carried out.

Site Induction/paperwork

26.1 Site inductions and the preparation of paperwork on site are considered part of the job and will be included in our final invoice for work carried out at our hourly rate.

26.2 If we provide a quotation (either written or verbal) and then are subsequently informed that additional paperwork, such as induction, SWMS/JSEA are required, we will invoice for this time at $194.00 per hour, or part thereof, in addition to the quoted amount.

26.3 If a name change for an invoice is requested after the work has been completed, a $45.00 administration fee will be added to the amended invoice.

Additional Notes

27.1 It is a requirement that underground services be designated with line marking paint of various colours above their location. These markings are kept to a minimum whilst still achieving their purpose. UiQ will not be responsible for the subsequent removal of these markings and provision should be made for this with a suitable qualified contractor, if required. If paint markings become illegible prior to the information being recorded, UiQ will charge at its standard hourly rate to return and reinstate them. Clients cannot reinstate site markings.

27.2 Reports may contain links to site photos, CAD files, BYD plans, etc. BYD links may require accounts or authentication. Access to links may be limited to specific hours of the day (for example site photo host is only accessible between 5am to 11pm). BYD plans are typically only valid for 30 days after our request, so it is recommended that clients download the plans before the link expires. Site photos and CAD file links will remain accessible for a minimum of 30 days. It is recommended clients download photos before the link expires.

Required Acknowledgement:

28. 1Clients agree upon engagement of services that full payment within 15 days is required whether satisfied with the outcome or not. Cash is accepted on the day, exact change only, as staff do not carry change. Cash overpayment is not credited to clients’ accounts. Quotes and estimates are valid for a period of 30 days. Prices quoted exclude GST unless otherwise mentioned. Kilometric rates include GST and tolls.

28.2 Upon engagement of services, clients are deemed (unless notified by the client to the contrary) to have acknowledged the following: Written and verbal reports or comments are not to be relied upon without acknowledgement of the following:

28.3 Reports provided and any location marks are valid until the expiry of the BYD® plans, or until changes to the utilities or assets, or until marks or features have been altered or moved, whichever is sooner. Location and depth as locations are nominal only. UiQ can only reduce risk, not eliminate risk. Not all asset owners use Before You Dig®, and plans are maintained by the asset owners and do not detail the exact location of assets. Therefore, UiQ does not make any representation or warranty as to the accuracy, reliability or completeness of the information contained in this report or marked on location. UiQ and its employees, agents and consultants shall have no liability (except insofar as liability under any statute cannot be excluded) arising in respect thereof or in any other way for errors or omissions including responsibility by reason of negligence. To rely on a report (written or verbal) or ground markings, you agree to (a) photograph site markings with reference points evident, prior to works; (b) pothole to establish the exact location of all underground assets using a vacuum excavation or non-metallic hand shovel, before using mechanical excavation; (c) ensure you adhere to any State/Federal legislative and codes of practice requirements regarding Duty of Care requirements for each asset owner, including No Go Zones, approach distance limits, and safe digging requirements; (d) if damage to any extent occurs to an underground asset you MUST advise the asset owner immediately; (e) identify and contact asset owners not registered with Before You Dig™ service and have informed UiQ in writing of the nature and location of any such assets or services to the best of your knowledge; and (f) the Privacy Policy set out at http://UndergroundiQ.com.au/privacy/; and (g) the client warrants that if they have not notified UiQ of any legal action of complaint within prior to the expiry of the BYD plans, or 60 days, which ever comes first, of service being conducted on site, that they indemnify UiQ against any claim of loss, damage, negligence. Where a use of a RPA is employed, you agree, certify and warrant the required agreements in paragraph 23.1.