Terms and Conditions
This agreement governs the provision of cable and other underground locating services ("the services") by Underground Locators Limited to the person or organisation named on the front of this form ("you").
You warrant that the services are acquired by you for business purposes only.
You acknowledge that the services are intended to assist in locating cables shown on plans provided by service companies. The procedures and equipment used in providing the services are not designed for the purpose of detecting unknown cables or other underground services, and cannot be relied on for that purpose.
Plans provided by the service companies give no more than a general guide as to the location of cables or other underground services at the time of installation. The plans may not have been updated.
The accuracy of the procedure and equipment used by Underground Locators Limited can vary. You may not assume that any cable or other underground services lies in the position indicated by Underground Locators Limited. In addition the equipment and procedure do not provide a reliable guide as to the depth of any cable or other underground services.
You must therefore confirm the position and depth of all cables and other underground services by careful digging with hand tools prior to machine excavation.
Underground Locators Limited is in no circumstances liable for any damage to or disturbance of cables or services, or for any injury, loss or other consequences of such damage or disturbance, including (without limitation)for loss of use, data, production, profit, revenue, business, contract or anticipated saving, damage to goodwill, reputation or share price, loss of customer or customer losses, loss by reason of full or partial shutdown or non-operation, or for any delay, financing costs or increase in operating costs or any economic loss or for any special, indirect or consequential loss or damage which may be suffered by you, or by any other person or organisation including (without limitation) any operator, owner, customer, service company, or subscriber, You will at all times indemnify Underground Locators Limited against any liability for any such injury, loss or damage, and for all consequences thereof.
Without prejudice to the above provision, if Underground Locators Limited should in any circumstances have any liability to you in tort, 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 Underground Locators Limited by you for the services.
The above protections and indemnities also apply for the benefit of all employees, officers, agents and contractors of Underground Locators Limited.
You acknowledge that this document contains the entire agreement between you and Underground Locators Limited, and that no representation, warranty or other stipulation inconsistent with this document is expressed or implied on the part of Underground Locators Limited.
All amounts payable by the Client shall be paid by the 20th of the following month of the relevant invoice being mailed to the client. Late payment will constitute a default, and the Client shall pay default interest on overdue amounts from the date payment falls due to the date of payment at the rate of Underground Locators Ltd bank overdraft rate plus 2%, and in addition the costs of any actions taken by Underground Locators Limited to recover the debt.
Scope of Services
UNDERGROUND SERVICE(S) LOCATING & MARKOUT SERVICE
USL provides to customers a service of locating and marking out of all underground services. Council water and sewer plans, together with careful hand digging by customer/excavator, are required to locate services laid in plastic, ceramic or concrete pipes.
On site checking:
The locating/mark out services are normally requested for a specific site, and the extent of USL locating duties at that site are to be clearly defined by the customer, and understood by the USL locator, before locating work commences.
Locator confirms to customer receipt of the job, and whether customer has ordered &/or received all Utilities plans of the site. If plans are on site, USL are able to proceed with a physical locate on the date/time as requested by customer. USL recommends that customer delays any excavating work until all plans are on site.
Scope of Services:
Arrive at site on agreed date & time.
- Check with customer on site the extent of the locating & mark out
- Study the Utilities plans of the site for all U/G services to be marked
Locate the various underground Utilities services as shown on the Utilities plans, to the extent of the site as requested by customer: i.e. Chorus, Vodafone, Power, Gas, other underground services, such as CCTV cables, using electronic locating equipment.
Ensure customer is fully aware that USL cannot guarantee 100% accuracy.
Mark out the various services on the ground with spray mark-out paint. Colours to be in accordance with OSH/Department of Labour standards, together with Chorus and other Utilities standards as to corridor marking widths.
Ensure customer is fully aware they cannot use mechanical excavating plant inside the corridor markings without first hand excavating to positively identify location of underground services.
In the case of a specific site area (e.g. bore hole) to be marked out, this will be confined to 3 metres in any direction from the customer supplied mark out start point.
Services requested to be located without Utilities plans on site are to be completed on a “best endeavour’s” basis only.