CLIENT SERVICE AND MATERIAL SUPPLY CONDITIONS
1.PRICE
Price: It is the customer’s responsibility to ensure that the correct material is loaded at pick up or prior to tipping on site by the carrier. The Supplier will provide the Services for the price specified in the Agreement. The price will include the cost of equipment hire.
Goods and Services and Other Tax: The price does not [unless otherwise stated in writing] include goods and services, consumption, value added or similar tax, which must be added to the price and paid by the Client as part of the price.
2. CLIENT DIRECTIONS
The materials are to be delivered curb side only. Any loss of or damage to any property injury or death is solely the responsibility of the customer/client.
The Supplier is not obliged to comply with directions of the customer/Client in relation to the Manner and method of performance of the Service.
3. INDEMNITY
The Client indemnifies the Supplier against all Loss that the Supplier may sustain or incur as a result whether directly or indirectly of:
[i] Any breach of this Agreement by the Client but not limited to a breach in respect of which the Supplier may exercise a right to terminate the Agreement, or
[ii) Any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Client or its employees, agents or subcontractors.
4. WARRANTY
The Client warrants that it has satisfied itself as to the safety of the site, the scope and safety of the Client Services to be performed and the state and suitability of the equipment to be used for carrying out the Client Services.