Terms of Trade

(Disclaimer to be read prior to engagement)

  1. This agreement governs the provision of ‘underground water leak detection surveying’ by Leak Detection Ltd to the person or organisation named on this form (“you”).

  2. You acknowledge that the services are acquired by you for business purposes only and, to the extent permitted by law, all warranties, guarantees and representations implied by law, trade or custom are expressly excluded.

  3. You acknowledge that the services are intended to assist in ‘indicating’ underground water leaks and services. The procedures and equipment used cannot be relied upon to detect all underground water leaks and services and cannot be relied on for that purpose.

  4. No guarantee can be given to the position of any underground target or leak indicated by Leak Detection Ltd, visual confirmation is the only method to confirm any underground target. (AS 5488.1.2019 Classification of Subsurface Utility Engineering (SUE) Quality Level A)

  5. The accuracy of the procedure and equipment used by Leak Detection Ltd can vary. You may not assume that any underground water leak or utility lies in the position indicated. In addition, the equipment and procedures used do not provide a reliable guide regarding as to any depths given.

  6. You must therefore confirm the position and depth of all underground services ‘indicated’ by carefully digging with hand tools or hydro excavation prior to machine excavation.

  7. Leak Detection Ltd is in no circumstances liable for any damage to or disturbance of any underground services, or for any injury, loss or other consequences of such damage of disturbance, which may be suffered by you, or by any other person or organisation  including (without limitation) any operator, contractor, owner ,  customer, service company, city council, or subscriber. You will at all times indemnify Leak Detection Ltd against any liability for such injury, loss or damage, and for all consequences thereof.

  8. Without Prejudice to the above provision if Leak Detection Ltd should in any circumstances have any liability to you in tort or contract or otherwise in connection with the services, its liability shall be confined to damages in a maximum sum not exceeding the moneys actually paid to Leak Detection Ltd by you for the services. Leak Detection Ltd will have no liability whatever for any loss of profits, business, income, revenue or contracts, or incidental or consequential loss or damage suffered by you.

  9. The above protections and indemnities also apply for the benefit of all employees, officers, agents and contractors of Leak Detection Ltd.

  10. You acknowledge that this document contains the entire agreement between you and Leak Detection Ltd and that no representation, warranty or stipulation inconsistent with this document is expressed or implied on the part of Leak Detection Ltd.

  11. Any invoice disputes need to be notified to Leak Detection Ltd within 7 days of completion of on-site survey or receiving of invoice.

  12. Payment Terms

  1. Private Residents and Landlords – payment is required instantly on completion of survey (EFTPOS is available or within 24 hours of receiving emailed invoice).

 

  1. Business - strictly 7 days from receipt of the invoice (unless otherwise agreed)

  2. Overdue Accounts will incur 25% interest an invoice will be re-issued automatically.  All Collection Costs incurred at debtors expense.

  3. Bank Account No. for Payments : ASB - 12-3026-0351507-00