Terms and Conditions of Trade

1. Definitions

1.1 “Geoscope” means Geoscope Utility Detection Services Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of Geoscope Utility Detection Services Pty Ltd.

1.2 “Client” means the person/s requesting Geoscope to provide the Services/Equipment as specified in any invoice, document or order, and if there more than one person requesting the Services/Equipment is a reference to each person jointly and severally.

1.3 “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by Geoscope in the course of it conducting, or supplying to the Client, any Services.

1.4 “Equipment” means all Equipment including any accessories supplied on hire by Geoscope to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by Geoscope to the Client.

1.5 “Services” means all Services supplied by Geoscope to the Client at the Client’s request from time to time.

1.6 “Price” means the price payable for the Services and/or Equipment hire as agreed between Geoscope and the Client in accordance with clause 4 of this contract.

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts Services/Equipment provided by Geoscope.

2.2 These terms and conditions may only be amended with Geoscope’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Geoscope.

3. Change in Control

3.1 The Client shall give Geoscope not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Geoscope as a result of the Client’s failure to comply with this clause.

4. Price and Payment

4.1 At Geoscope’s sole discretion the Price shall be either:

(a) as indicated on any invoice provided by Geoscope to the Client; or (b) Geoscope’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

4.2 Geoscope reserves the right to change the Price if a variation to Geoscope’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Equipment/Incidental Items (including, but not limited to, any variation as a result of increases to Geoscope in the cost of taxes, levies, materials and labour) will be charged for on the basis of Geoscope’s quotation and will be shown as variations on the invoice.

4.3 At Geoscope’s sole discretion a deposit may be required.

4.4 Time for payment for the Services/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by Geoscope, which may be:

(a) Due on delivery of the Services/Equipment;

(b) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;

(c) the date specified on any invoice or other form as being the date for payment; or

(d) the date which is fourteen (14) days following the date of any invoice given to the Client by Geoscope; or

(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Geoscope.

4.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three percent (3.5%) of the Price), or by any other method as agreed to between the Client and Geoscope.

4.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Geoscope an amount equal to any GST Geoscope must pay for any supply by Geoscope under this or any other agreement for providing Geoscope’s Services/Equipment. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

5. Delivery of Services/Equipment

5.1 At Geoscope’s sole discretion delivery of the Services/Equipment shall take place when:

(a) the Services/Equipment are supplied to the Client at Geoscope’s address; or

(b) the Services/Equipment are supplied to the Client at the Client’s nominated address.

5.2 Delivery of the Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

5.3 Geoscope may deliver the Services/Equipment by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.

5.4 Any time specified by Geoscope for delivery of the Services/Equipment is an estimate only and Geoscope will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Services/Equipment to be supplied at the time and place

as was arranged between both parties. In the event that Geoscope is unable to supply the Services/Equipment as agreed solely due to any action or inaction of the Client then Geoscope shall be entitled to charge a reasonable fee for re-supplying the Services/Equipment at a later time and date.

6. Risk

6.1 Irrespective of whether Geoscope retains ownership of any Incidental Items all risk for such items shall pass to the Client as soon as such items are delivered to the Client and shall remain with the Client until such time as Geoscope may repossess the Incidental Items in accordance with clause Error! Reference source not found.. The Client must insure all Incidental Items on or before delivery.

6.2 Geoscope reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Incidental Items as a result of the Client’s failure to insure in accordance with clause 6.1.

7. Access

7.1 The Client shall ensure that Geoscope has clear and free access to the work site at all times to enable them to undertake the Services. Geoscope shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Geoscope.

8. Title to Incidental Items

8.1 Geoscope and the Client agree that where it is intended that the ownership of Incidental Items is to pass to the Client that such ownership shall not pass until:

(a) the Client has paid Geoscope all amounts owing for the Services/Equipment; and

(b) the Client has met all other obligations due by the Client to Geoscope in respect of all contracts between Geoscope and the Client.

8.2 Receipt by Geoscope of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Geoscope’s ownership or rights in respect of the Incidental Items shall continue.

8.3 It is further agreed that:

(a) the Client is only a bailee of the Incidental Items and must return the Incidental Items to Geoscope immediately upon request by Geoscope;

(b) the Client holds the benefit of the Client’s insurance of the Incidental Items on trust for Geoscope and must pay to Geoscope the proceeds of any insurance in the event of the Incidental Items being lost, damaged or destroyed;

(c) the Client must not sell, dispose, or otherwise part with possession of the Incidental Items. If the Client sells, disposes or parts with possession of the Incidental Items then the Client must hold the proceeds of sale of the Incidental Items on trust for Geoscope and must pay or deliver the proceeds to Geoscope on demand.

(d) the Client should not convert or process the Incidental Items or intermix them with other goods, but if the Client does so then the Client holds the resulting product on trust for the benefit of Geoscope and must dispose of or return the resulting product to Geoscope as Geoscope so directs.

(e) the Client shall not charge or grant an encumbrance over the Incidental Items nor grant nor otherwise give away any interest in the Incidental Items while they remain the property of Geoscope;

(f) the Client irrevocably authorises Geoscope to enter any premises where Geoscope believes the Incidental Items are kept and recover possession of the Incidental Items.