The Abaxa service assume the Client is educated and aware of their Duty of Care under the; UTILITY PROVIDERS CODE OF PRACTICE FOR WA, with specific reference to; PREVENTION OF DAMAGE TO SERVICES, including but not limited to the summary items; Plan, Pothole, Protect and Proceed as detailed in the Code.
All markings are to AUSTRALIAN STANDARD AS5488 as per Quality Level nominated on the Field Report.
The ‘AS LOCATED PLANS’ that have been provided are purely schematic and NOT to scale unless referenced.
The plans indicate the approximate location of underground plant and services only. You have a duty and obligation when working in the vicinity of underground plant to prevent damage to the underground plant.
Notwithstanding that an onsite location of underground plant has been provided to you please note:
ALL PLANT SHOULD BE EXPOSED BY HAND (machinery of sharp tools should not be used) when working in the vicinity of the underground plant or when planning to work across the underground plan as per the Utility Provider Code of Practice for WA, Prevention of Damage to Services.
Exposed underground plant should be protected and supported if necessary.
NEVER ASSUME DEPTH OF CABLE
Depth can vary SIGNIFICANTLY for many reasons (grading, local authorities’ works, erosion or landfill) and WH Location Services cannot give estimates of depths of underground plant. The depth MUST always be determined using hand tools and you MUST never assume that underground plant will remain at a certain depth from one location to the next. You MUST be aware that some cables may be just below the surface.
Route alignment of underground plant may also vary… NEVER assume constant distances to fences or boundary lines. YOU MUST FREQUENTLY EXPOSE PLANT ALONG THE INDICATED ROUTE BEFORE WORKING IN ITS VICINITY.
Caution should be exercised when removing trees in the vicinity of existing underground plant. Tree roots can travel long distances and become entwined with cables and pipe work. For this reason expose ALL PLANT (BY HAND) BEFORE REMOVING OR BURNING TREES.
Cable markers and warning tape installed or erected by WH Location Services or any third party warn of underground plant in the area and DOES NOT indicate the exact whereabouts or location. YOU MUST STILL EXPOSE THE UNDERGROUND PLANT BY HAND.
Exclusion
Under no circumstances shall WH Location Services be responsible to you for any injurious act or default of WH Location Services nor shall WH Location Services be held responsible for any loss, injury or damage suffered by you in respect of:
(a) personal injury or property damage;
(b) any consequential loss of profit, revenue, business or contracts; or
(c) any other indirect consequential or special loss, injury damage of any nature,
arising out of your work adjacent to and in the vicinity of underground plant identified by WH Location Services in accordance with this location service request whether that responsibility arises in contract, tort (including without limitation, negligence or breach of statutory duty) or otherwise.
Indemnify
You shall be liable for and shall hold harmless and indemnify WH Location Services, its officers, employees and agents against all losses, liabilities, damages, expenses, claims, actions or proceedings of whatsoever nature arising or under statute in respect of:
(a) the personal injury or death of you, any of your staff or any other person;
(b) damage to a loss or destruction of property;
(c) consequential losses,
arising out of or in connection with the works or services that you are performing or purporting to perform in the vicinity of the plant identified by WH Location Services pursuant to this location services request notwithstanding that the loss, liability, damage, expense, claim action or proceeding is caused by the negligence or other breach of WH Location Services, its offices, employees or agents.
SITE INSPECTION QUESTIONS / ISSUES BEFORE EXCAVATION
IF YOU HAVE ANY DOUBT as to the precise location of the underground plant or with exposing the underground plant by hand Abaxa can assist you to do so. PLEASE TELEPHONE 1300 369 642 if you wish to take up this additional service and to confirm any questions or issues with the Site Inspection, including the defined Duty of Care BEFORE you break ground and excavate to prevent damage.
Your clearance is only valid for 28 days from the Date of the DBYD, please contact Abaxa to re-confirm as an additional service the Site Inspection and follow Duty of Care guidelines on your Site Inspection Report.
If you have a site incident, you must contact Abaxa immediately at incident to attend the site for Incident Investigation at all times. If you do not notify Abaxa we are unable to offer any change to the Charges and Payments of your Site Inspection.
Charges and Payment
The charges indicated on a quote are a quote only and do not constitute an invoice. Please do not pay. An invoice will follow the statement by email.
If you have an invoice dispute this must be emailed in writing within 15 days of receipt to accounts@abaxa.com.au or your dispute will be void.
In the event that it becomes necessary to enlist the services of a third party to collect monies for default of payment by the Account Holder on behalf of WH Location Services Pty Ltd, it is understood that the costs associated with collection will be charged over and above this account.
Unless the company agrees in writing to the postponement of payment of any monies owing to the Company by the Account Holder interest shall be payable by the Account Holder on the highest debt balance of each calendar month on monies owing by the Account Holder to the Company calculated daily from the date the monies become due until the actual date of payment at a rate of 14% per annum provided that, the Company may, at any time serve on the Account Holder a notice varying as from the future date specified therein the interest rate, and the interest rate shall be varied as therein provided from the date therein specified, being a date no less than seven days after the date of the service of such notice.
Payments received by the company will be applied firstly in reduction of the interest payable and accruing from month to month: and secondly in reduction of all the other monies owing to the Company until such a time as all monies owing to the Company have been paid in full.
The Account Holder acknowledges that the goods supplied by the company shall remain the property of the Company until the Company receives payment for the same.
Any legal costs, stamp duties, or any costs/expenses whatsoever incurred by the Company in respect of the agreement of the Account Holder, together with any collection costs, dishonored.
Service Booking Notifications and Conditions
Cancellation Notification
A minimum of 8 business hours (1 business day) notice is required to cancel or change a confirmed booking per crew. In the event of late notification, the time will be charged for the resources (Labour and Equipment) as per the Minimum Booking Condition requested and confirmed.
Booking Conditions
Bookings will be charged the minimum fees as agreed and confirmed at booking (email confirmation sent). Any time over this minimum agreement will be charged at the scheduled rate for the Labour/Equipment/Plant/Material items for the actual time above the Booking Condition Minimum as confirmed, plus travel including mobilization and demobilization to site and any service fees.
a. Minimum Fees
LABOUR – Clients will be charged for a minimum as agreed, PLUS travel including mobilisation and demobilisation to site as per actual travel time for all labour resources. All bookings under 3 hours will incur an additional service call out fee.
EQUIPMENT/PLANT: Clients will be charged for the minimum mobilisation fee – then actual time exceeding the minimum fee.
MATERIALS: As Consumed
b. Half or Full Day Minimum Fees
In the event of shortened site time when bookings are made for half or full days – Clients will be charged for the half or full day for the resources (Labour and Equipment) as per the Minimum Booking Condition requested and confirmed PLUS travel including mobilisation and demobilisation to site as per actual travel time for all labour resources.
EQUIPMENT/PLANT: Clients will be charged for the minimum mobilisation fee – then actual time exceeding the minimum fee.
MATERIALS: As Consumed or Minimum Quantity
b. After Hours Minimum Fees – Saturday / Sunday
LABOUR – Clients will be charged for a minimum 5 hours at After Hours Scheduled Rates, PLUS travel including mobilisation and demobilisation to site as per actual travel time for all labour resources.
EQUIPMENT/PLANT: Clients will be charged for the minimum mobilisation fee – then actual time exceeding the minimum fee.
MATERIALS: As Consumed or Minimum Quantity
c. After Hours Minimum Conditions – Night / Public Holiday
LABOUR – Clients will be charged for a minimum 8 hours at After Hours Scheduled Rates, PLUS travel including mobilisation and demobilisation to site as per actual travel time for all labour resources.
All bookings under 5 nights sequentially, will be charged at 1.5x Rate for first 2 hours and 2x Rate for subsequent hours. All bookings 5 nights or over will be charged at 1.5x Rate, Public Holidays will be charged at 2.5x rate.
EQUIPMENT/PLANT: Clients will be charged for the minimum mobilisation fee – then actual time exceeding the minimum fee agreement.
MATERIALS: As Consumed or Minimum Quantity
d. Regional
LABOUR – Clients will be charged for a minimum 10 hours at Scheduled Rates, PLUS travel including mobilisation and demobilisation to site as per actual travel time for all labour resources. Travel at KM rate will be charged in addition to labour time for travel.
EQUIPMENT/PLANT: Clients will be charged for the minimum mobilisation fee – then actual time exceeding the minimum fee.
MATERIALS: As Consumed for Minimum Quantity
ALLOWANCES – Living Away from Home and Meals Allowance will apply per day away from home.
e. Emergency Service Minimum Fees
In the event of an emergency service where immediate response if required
LABOUR – Clients will be charged for a minimum 4 hours at Emergency Scheduled Rates, PLUS travel including mobilisation and demobilisation to site as per actual travel time for all labour resources. All bookings will incur an additional Emergency Service Fee.
EQUIPMENT/PLANT: Clients will be charged for the minimum mobilisation fee – then actual time exceeding the minimum fee.
MATERIALS: As Consumed for Minimum Quantity
