Terms and Conditions
1.1. “Agreement” means this agreement and includes any written variations to this agreement.
1.2. "Business Day" means a day other than a weekend or public holiday in the place which Mighty Mini Diggers is engaged.
1.3. “Customer” means the person, firm, company, government institution, entity or corporation (including any personal representatives or permitted assigns of such) that engages Mighty Mini Diggers.
1.4. “MMD” means Mighty Mini Diggers (ABN 59 882 876 895) includes its employees, agents or any sub-contractors and their employees.
1.5. “Plant and Equipment” means all plant and equipment specified including but not limited to any item of plant, equipment, machinery or vehicle, and any tools, accessories, parts, items of equipment and devices supplied to the Customer by Mighty Mini Diggers.
1.6. “Works” is the earthmoving associated services supplied by Mighty Mini Diggers to the Customer by the hire of the Plant and Equipment.
2. General Terms and Conditions
2.1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by this Agreement if the Customer places an order with MMD.
2.2. The terms and conditions of this Agreement together with any cost estimate provided by MMD to the Customer shall contain the entire and only agreement between the parties in respect of this Agreement and any representation, promise, condition or warranty in connection therewith not otherwise incorporated into this Agreement shall not be binding upon either party.
2.3. This Agreement is governed and construed by the law applying in Victoria, Australia. Any termination of the Agreement does not affect any accrued rights or remedies of any party. A waiver by a party of any breach or a failure to enforce or to insist upon the observance of a condition of the Agreement will not be a waiver of any other subsequent breach. If any part of the Agreement is invalid, unenforceable, illegal, void or voidable for any reason, the Agreement will be construed and be binding on the parties as if the invalid, unenforceable, illegal, void or voidable part had been deleted from the Agreement or read down to the extent necessary to overcome the difficulty.
3. Payment of Charges
3.1. The Customer will pay MMD a minimum hire charge per day, plus an additional hourly charge for additional hours worked above the minimum, as specified by MMD at time of booking.
3.2. Invoices are to be paid in full and without deduction within 7 days from the invoice date.
3.3. If the Customer fails to pay MMD in full within 7 days of invoice, the Customer will pay interest calculated on the portion of the invoice overdue at the rate of 1.5% per month from the 7th day after the date of invoice.
3.4. The Customer shall pay to MMD all costs incurred by MMD in enforcing payment of any amount due including (but not limited to), all fees payable by MMD for cheque or direct debit dishonour fees, any debt collection costs, and any legal costs arising from the Customers failure to pay when payment is due.
3.5. MMD shall on-charge any costs, including but not limited to, fees or time associated with site / specific inductions, training, authorisations required to complete requested job.
4. Cancellation & Special Conditions
4.1. There is a minimum hire charge per day. The Customer agrees to pay for such period irrespective of utilisation of Plant and Equipment, completion of services or a Force Majeure Event.
4.2. If the Customer provides less than 72 hours (3 business days) notice of cancellation of the order for Plant and Equipment, the Customer will pay MMD 50% of the minimum hire charge.
4.3. If the Customer provides less than 48 hours (2 business days) notice of cancellation of the order for Plant and Equipment, the Customer will pay MMD 100% of the minimum hire charge.
4.4. Any delays outside of MMD’s control will be charged as extras for example, but not limited to, wet weather, fog, wind, unacceptable lighting.
5. Customer’s Obligations
5.1. The Customer is responsible for specifying the operating site for the plant and equipment, the minimum clearance available for the plant and equipment and the nature of the work to be completed.
5.2. The Customer shall ensure that there is sufficient space and amenities for use of the Plant and Equipment in accordance with the Customer’s instructions.
5.3. It is the Customers responsibility to locate, and obtain approval to operate on or over any underground services. The Customer indemnifies MMD against any claim for loss or damage (consequential or otherwise) to any person or property arising out of or connected with damage to, or interference with underground cables, pipes or other services.
5.4. All care will be taken but MMD does not accept responsibility or cost for damage or damage minimisation to existing pavements, roads, property or foundations where Plant and Equipment are required to move and no liability is accepted by MMD for damages if they occur.
5.5. Any cost estimate is provided on the assumption that the relevant authorities will provide permits and approval for unrestricted travel and setup for the required Plant and Equipment.
5.6. No allowances are made for delays due to wet weather or other delays beyond MMD’s control.
6. Limitation of Liability
6.1. The Customer indemnifies MMD from any loss arising out of a breach of these terms and conditions by the Customer, and all claims which may be made against MMD in respect of any loss, damage (consequential or otherwise), injury or death caused by, or connected with, the provision of services by MMD including any loss caused due to any accident, breakdown or defect in the Plant and Equipment.
6.2. The Customer shall be solely responsible for and shall bear without any claim or entitlement to contribution or indemnity from MMD all or any loss arising from any act error or omission of the Customer.
6.3. MMD excludes all conditions and warranties of any type in relation to the Plant and Machinery supplied or made available for hire and/or services provided by MMD, and makes no representation as to the fitness of Plant and Machinery supplied or made available for hire and/or services made available for hire supplied by it for any purpose.
7. Force Majeure
7.1. MMD shall not be liable to the Customer for any loss due to delay caused by a Force Majeure Event which means a circumstance outside of MMD’s control which affects the ability of the Customer to use the Plant and Equipment for the purpose for which it was hired.
7.2. MMD shall not be responsible for any delays, inconvenience or loss of any kind whatsoever incurred by the Customer including arising from any accident, breakdown or defect in the Plant and Machinery.A family business focussed on quality, reliability & superior service.
8.1 The Customer must, within 7 days from the completion of the Works, notify MMD in writing of any alleged dispute. If the Customer fails to comply with this provision, the Works will be conclusively presumed to have been completed satisfactorily and free from any dispute.