Cairns Mini Excavations
Service Agreement & T&Cs
RichterCo Pty Ltd (ABN 57 660 046 720) Trading as Cairns Hire & Cairns Mini Excavations
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admin@cairnsminiexcavations.com.au
| 📞 (07) 4019 6759
1. Purpose and Acceptance
By confirming a booking, paying a deposit, or requesting work to commence, you acknowledge that you have read and agree to these terms. Acceptance of a quote or commencement of work forms a binding agreement with RichterCo Pty Ltd t/a Cairns Hire & Cairns Mini Excavations.
2. Scope of Works
All works are carried out by a qualified operator using company-owned machinery. Customers may engage services on an hourly basis or via a quoted job.
3. Minimum Charge & Hourly Rate
A minimum charge of 4 hours per booking applies. Any work completed in less than 4 hours will still be charged for 4 hours to cover travel, loading/unloading, cleaning, refuelling, and maintenance, unless a fixed quote has been provided (including travel time, if applicable). Our standard rate is $140 per hour. Hourly hire includes the operator and machine, and time is recorded from arrival on-site until completion or departure.
4. Site Access and Customer Responsibility
The customer must ensure safe, clear access to the work area. If the customer requests operation of machinery or trucks over driveways, lawns, gardens, or landscaped areas, Cairns Mini Excavations will not be liable for any damage, rutting, or mess caused through the normal operation of equipment.
5. Travel
Travel time will be charged at our standard hourly rate for jobs beyond the Bruce Highway and Pine Creek Yarrabah Road intersection and beyond the Smithfield/Kuranda Range roundabout. The hourly rate applies to all hours spent travelling and operating beyond these points. Travel time will also be charged if we are carting materials for your job before commencing, or if we have left your job site but still have fill or materials to be dumped. This may include time travelling back to our yard to unload a trailer before dumping.
6. Cancellations and Rescheduling
Cancellations within 24 hours of the scheduled start time may incur a call-out or minimum hire charge, unless rescheduled with at least 24 hours’ notice.
7. Payment Terms and Overdue Fees
All invoices are due on receipt unless otherwise agreed in writing. Late fees may apply as follows:
- 14 days overdue – $25 fee
- 21 days overdue – $35 fee
- 28 days overdue – $50 fee
Only one fee applies at any time based on how long the invoice remains unpaid. Accounts remaining unpaid beyond 4 weeks may be referred to a debt-collection agency, with all collection and legal costs added to the outstanding balance.
8. Underground Services
The customer is responsible for identifying and clearly marking all underground services, including but not limited to water, gas, power, NBN, and irrigation lines. Cairns Mini Excavations accepts no liability for damage to any unmarked or unidentified services. If excavation, trenching, drilling, or digging is carried out in an area where underground services are present or may reasonably be expected to be present, the client accepts full responsibility for identifying and clearly marking these prior to commencement of works. Where such services are not accurately identified or their precise location cannot be confirmed, Cairns Mini Excavations will not be liable for any damage caused to these services as a result of normal and careful operation of machinery. This also applies to tree, stump, plant, or root removal. Root systems can extend and pull on underground services during extraction, potentially causing damage. Cairns Mini Excavations accepts no responsibility or liability for any damage to underground services occurring in the vicinity of such works.
9. Liability and Damage
Cairns Mini Excavations performs all work with reasonable care and skill. We are not responsible for damage resulting from: pre-existing site conditions or poor drainage; ground instability or concealed obstacles; customer instructions contrary to professional advice; or normal mess from machinery operation. All claims must be made in writing within 7 days of job completion.
10. Photos and Media
Cairns Mini Excavations may take photos or videos of works completed for record-keeping, quality assurance, and marketing. Personal or identifying details (faces, number plates, addresses) will not be shown without consent.
11. Cleaning
Cairns Mini Excavations will use machinery to remove bulk dirt, materials, or debris from the work area before leaving the site. General cleanup will include scooping or scraping material into piles and removing what can be reasonably taken with the machine. If you would like additional cleaning, such as shovelling, sweeping, or hosing down, this can be provided upon request and will be charged at our standard hourly rate. Please advise prior to commencement if you would like this level of cleanup included.
12. Miscellaneous
Operators will arrive with a machine, tipper, and shovel. Please advise if additional tools are required (e.g. rakes, levels, brooms, or specialist tools such as demolition saws, jackhammers, or laser levels). These are not carried as standard, and cutting tools may include a consumables charge for blades or other replaceable items. This must be arranged prior to arrival.
The following Terms & Conditions form part of this Service Agreement.
TERMS & CONDITIONS
1. Definitions
“Client” means the person or entity engaging our services. “Works” encompasses excavation, earthmoving, turf preparation/installation, dry hire equipment, and any ancillary work.
2. Formation of Contract
A contract is formed upon written, verbal, or email confirmation of booking. Quotes are valid for 30 days unless otherwise stated.
3. Pricing & Variations
The agreed rates are per the accepted quote, invoice, or hourly rate as outlined in the Service Agreement. Additional time, materials, or changes to site conditions may result in extra charges at current rates.
4. Payment Terms, Late Payment and Recovery
Payment is due on receipt of the invoice unless otherwise agreed in writing. Failure to pay within terms may incur late fees or collection costs.
If payment is overdue, we may charge recovery costs, including legal or debt collection fees.
5. Minimum Hire & Standby Charges
A minimum hire period of 4 hours applies, as per the Service Agreement minimum hire terms.
6. Client’s Obligations
The client must ensure the site is safe and accessible, obtain all necessary permits, notify us of underground services, and ensure compliance with laws.
7. Liability & Indemnity
This clause applies in addition to the ‘Liability and Damage’ section of the Service Agreement. We are not liable for consequential loss, loss of income, or damage to property beyond our control.
8. Insurance
Our equipment remains our responsibility; operators are covered under public liability insurance.
9. Force Majeure
We are not liable for delays due to weather, transport, or events beyond our control.
10. Dispute Resolution
Disputes should be raised in writing within 7 days. Both parties will attempt to resolve issues before pursuing legal action.
11. Governing Law
These terms are governed by the laws of Queensland, Australia.