CAMRICK EARTHWORKS –
TERMS & CONDITIONS OF TRADE 

1. Definitions

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Camrick Earthworks, we, us, our – Camrick E&L Pty Ltd AFT Camrick Family Trust
Client – the person or entity authorising work
Equipment – all machinery, plant, tools, attachments and vehicles supplied or used
Wet Hire – equipment supplied with our operator
Site – the location where work is performed
Minimum Hire – the 4-hour minimum hire period applied to all bookings
Combo Hire – Excavator + Skid Steer/Loader (or similar) supplied as a combined hire package

 

2. Acceptance of Terms

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2.1 These Terms apply to all work performed by Camrick Earthworks.
2.2 Acceptance occurs when the Client:
• approves a quote (by SMS, email, purchase order or verbal followed by access)
• provides site access
• engages Camrick Earthworks to begin work
2.3 These Terms override any Client terms unless agreed in writing.

 

3. Payment Terms

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3.1 New Clients
• A deposit is required to secure bookings.
• Clients will be invoiced daily for hours worked.
• Payment is required on the day each invoice is issued unless the Client holds an approved account.
• If payment is delayed or not received, Camrick Earthworks may pause or cease work on multi-day bookings until payment is made in full, without liability for delays caused.

3.2 Account Clients
• Approved account holders are on strict 7-day terms.

3.3 General Payment Conditions
• Invoices not disputed within 7 days are deemed accepted.
• Overdue amounts may incur interest, admin fees and debt recovery costs.
• The Client agrees to pay all recovery and enforcement costs.

 

4. Hire Rates, Minimum Charges & Variations

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4.1 All work is subject to a 4-hour minimum hire, which includes up to 1 hour of travel.
4.2 Additional travel beyond this range may be charged at hourly rates.
4.3 Hire time is charged from arrival on site to departure.
4.4 Waiting time, delays or interruptions caused by the Client, other trades, access issues or site conditions are fully chargeable.
4.5 Additional charges apply for rock, rubbish, concrete, variations, scope changes, extra time, and additional attachments.
4.6 Quotes are estimates unless expressly stated as fixed in writing.

 

5. Weather, Storm Conditions & Access

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5.1 If the Client cancels due to weather after the operator has been dispatched or is en route, the 4-hour minimum hire fee applies.
5.2 If extreme weather or unsafe conditions prevent safe operation (as reasonably determined by Camrick Earthworks or the site manager), work may be paused or rescheduled without penalty.
5.3 The Client must provide safe, unobstructed access.
5.4 Delays caused by access issues or other trades are chargeable.

 

6. Underground Services, Damage & Site Conditions

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6.1 The Client is solely responsible for locating and marking all underground services, including:
water, sewer, stormwater, electrical, gas, NBN, fibre, irrigation, and any other utilities.

6.2 Camrick Earthworks relies entirely on the information provided.
6.3 We accept no liability for damage to underground services unless accurate written plans are provided before work begins.
6.4 The Client is liable for all repair costs and any claims from service owners arising from unmarked or inaccurately marked services.
6.5 The Client must ensure the site complies with all WHS obligations.

 

7. Equipment Breakdown (Including Combo Hire)

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7.1 For combo hire, the combo rate continues if at least one machine can continue productive work.
7.2 If all machinery becomes inoperable due to breakdown, charges stop at the time of failure.
7.3 Delays caused by Client-related issues during breakdowns are chargeable.

 

8. Liability & Limitations

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8.1 To the maximum extent permitted by Queensland law, Camrick Earthworks is not liable for:
• consequential loss
• delays or downtime
• weather events
• damage caused by unmarked or unknown services
• lost profits or business interruption

8.2 Our total liability is limited to the hire cost for the specific day the issue occurred.
8.3 The Client must take reasonable steps to minimise delays and loss.

 

9. Cancellations

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9.1 Cancellations without appropriate notice (as advised when booking) may incur the 4-hour minimum charge.
9.2 Cancellations after dispatch or on arrival to site will be charged the full 4-hour minimum.
9.3 Camrick Earthworks may cancel work if the site is unsafe or inaccessible.

 

10. Personal Guarantee

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If the Client is a company, partnership, or sole trader, the individual approving the job personally guarantees all amounts owing to Camrick Earthworks and accepts joint and several liability.

 

11. Disputes & Job Sign-Off

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11.1 Any concerns or disputes about work performed must be raised immediately on the day of service, before the operator leaves site or before job sign-off.
11.2 Failure to raise concerns on the day of service is deemed acceptance that the work was completed satisfactorily.
11.3 Camrick Earthworks will make reasonable efforts to address issues raised at the time of service.

 

12. Privacy

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The Client authorises Camrick Earthworks to obtain necessary credit information, trade references and account details for assessing credit or managing accounts.

 

13. Force Majeure (Strong Australian-Compliant Clause)

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Camrick Earthworks will not be liable for any delay or failure to perform work caused by events beyond our reasonable control, including but not limited to severe weather, flooding, storms, fire, natural disasters, equipment failures beyond our control, supply shortages, labour shortages, emergency road closures, pandemics, or government restrictions.
In such circumstances, work may be paused, rescheduled or cancelled without liability.

 

14. General

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• These Terms are governed by Queensland law.
• If any clause is invalid, the remaining clauses remain enforceable.
• Camrick Earthworks may subcontract work when required.
• Nothing in these Terms excludes rights under the Australian Consumer Law where they apply.