Terms & Conditions
Allcranes & Equipment Inspections Pty Ltd
Terms & Conditions Allcranes & Equipment Inspections Pty Ltd The Client must provide a suitably qualified crane operator, dogman and any other personnel reasonably required to safely complete the inspection. Where Allcranes or its personnel are requested or required to assist with the operation, dogging, assembly or movement of Equipment, the Client must ensure that its applicable insurance policies extend to and provide appropriate coverage for those activities and for Allcranes and its personnel while undertaking those activities.
Pricing and Additional Charges
1. Pricing
1.1 The Fees, rates, inspection time allowances, travel charges, additional charges and any special pricing applicable to the Services are those specified in any Quote or other written pricing provided by Allcranes. Where no Quote or specific pricing has been provided, the Client must pay Allcranes' Standard Rates applicable at the time the Services are performed.
1.2 Any inspection time allowance specified by Allcranes may vary depending on the type, size, configuration and condition of the Equipment being inspected.
1.3 Unless expressly stated otherwise by Allcranes in writing, all Fees and charges are exclusive of GST.
2. Additional Charges
2.1 Unless expressly included in an agreed Fee, the following will be charged separately at the applicable rates specified by Allcranes or, where no rate has been specified, at Allcranes' Standard Rates:
(a) travel and travel time;
(b) certified load cell usage;
(c) load testing;
(d) CraneSafe Green Stickers and replacement stickers;
(e) re-inspections;
(f) return visits;
(g) after-hours, weekend and public holiday attendance;
(h) additional labour or personnel requested by the Client;
(i) waiting time; and
(j) any other services, equipment, materials, third-party costs or expenses reasonably incurred by Allcranes in connection with performing the Services.
2.2 The Client must pay all invoices issued by Allcranes in full by the due date specified on the invoice.
2.3 The Client must not withhold, deduct or set off any amount payable to Allcranes unless expressly agreed by Allcranes in writing or required by law.
2.4 Allcranes may withhold any CraneSafe Report, CraneSafe Green Sticker or other report or deliverable until all outstanding amounts payable by the Client to Allcranes have been paid in full.
2.5 Where required for completion of a CraneSafe assessment, the Client must provide Allcranes with a copy of the current service or maintenance report for the Equipment. Allcranes is not required to complete or release the applicable CraneSafe Report or CraneSafe Green Sticker until that document has been provided.
3. Delays
3.1 Where Allcranes is unable to commence, continue or complete the Services within any inspection time allowance specified by Allcranes due to:
(a) delays in site access, inductions, permits or security requirements;
(b) delays caused by the Client, its employees, contractors, subcontractors or representatives;
(c) the Equipment not being available, assembled, operational or ready for inspection;
(d) breakdowns, repairs or defects affecting the Equipment;
(e) inclement weather;
(f) site safety requirements, site shutdowns or access restrictions;
(g) the absence of required personnel, including operators, dogmen or other persons required to safely complete the inspection; or
(h) any other circumstance beyond Allcranes' reasonable control, the Client must pay for all additional attendance time at the applicable rate specified by Allcranes or, where no rate has been specified, at Allcranes' Standard Rates.
3.2 Additional attendance time will be charged in 30-minute increments, with any part of a 30-minute increment rounded up to the next 30-minute increment.
3.3 Where the Client cancels or reschedules a confirmed booking, Allcranes may charge the Client for any costs, expenses, travel, committed resources or attendance time reasonably incurred by Allcranes as a result of the cancellation or rescheduling.
3.4 Where Allcranes attends the Site and is unable to commence or complete the Services due to any circumstance referred to in clause 3.1, the Client must pay the applicable Fees and charges for the attendance, together with any travel, waiting time, additional attendance and other costs payable under these Terms & Conditions.
4. Return Visits
4.1 Where Allcranes is required to return to the Site to commence, recommence, complete or repeat the Services for any reason beyond Allcranes' reasonable control, the Client must pay:
(a) all additional attendance time;
(b) travel and travel time;
(c) equipment hire;
(d) load cell charges;
(e) CraneSafe Green Sticker charges (where applicable); and
(f) all other reasonable costs incurred by Allcranes, at the applicable rates specified by Allcranes or, where no rate has been specified, at Allcranes' Standard Rates.
5. Variations
5.1 Any Services requested by the Client outside the agreed Scope will be charged at the applicable rates specified by Allcranes or, where no rate has been specified, at Allcranes' Standard Rates.
5.2 Allcranes is not required to perform any additional or varied Services unless accepted by Allcranes.
6. Quotes and Pricing Validity
6.1 Unless otherwise stated in a Quote, a Quote issued by Allcranes remains valid for 30 days from the date of issue.
6.2 Allcranes may withdraw or amend a Quote at any time before it is accepted by the Client. Once the validity period has expired, Allcranes is not required to honour the Fees, rates or other pricing contained in the Quote.
6.3 Where Services are ongoing or recurring, Allcranes may review and vary its Fees, rates and charges from time to time by providing the Client with not less than five (5) Business Days' written notice before the revised Fees, rates or charges take effect.
Section B – Scope of Inspection
7. Scope of Inspection
7.1 The Parties agree that:
(a) Allcranes will perform a visual inspection in respect of the Equipment identified in any Quote, booking, purchase order, written instruction or other request for Services accepted by Allcranes.
(b) The inspection is limited to:
(i) conducting a functional and visual inspection of the Equipment while it is in a motionless, idle and operational state;
(ii) witnessing load testing where required as part of the applicable CraneSafe Assessment Program or where requested by the Client and accepted by Allcranes; and
(iii) providing a general opinion, based solely on the visual and functional inspection and any witnessed load testing, as to the condition of the Equipment at the time of the inspection against the applicable manufacturer's guidelines and the CraneSafe Assessment Program, in the form of a CraneSafe Report.
(c) Allcranes will comply with applicable site safety requirements notified to Allcranes before commencing the inspection, to the extent those requirements are lawful, reasonable and applicable to the Services.
8. Client Responsibilities
8.1 The Client must ensure that:
(a) the Equipment is safe, accessible, assembled, operational and available for inspection at the agreed time;
(b) a suitably qualified crane operator, dogman and any other personnel reasonably required to safely complete the inspection are available for the duration of the inspection;
(c) all site inductions, permits, access requirements and other requirements necessary for Allcranes to perform the Services are completed or arranged without unreasonable delay; and
(d) where applicable, a site-specific emergency response procedure is in place before Allcranes commences any tower crane inspection. The emergency response procedure must be organised by the Client or the company engaging Allcranes and be appropriate for the Site, the Equipment and the inspection activities being undertaken. For any boom walk or other work at heights, the Client must ensure that a person with current Working at Heights and rescue/recovery training is available on Site, together with a suitable rescue/recovery kit, for the duration of the inspection.
8.2 Allcranes is not required to commence or continue the Services where, in Allcranes' reasonable opinion:
(a) the Site is unsafe;
(b) appropriate access has not been provided;
(c) the required emergency response procedure is not in place, has not been communicated to relevant personnel, or is inadequate for the inspection activities;
(d) the Equipment is not safe or ready for inspection;
(e) the personnel, equipment or other resources required to safely perform the Services have not been provided; or
(f) commencing or continuing the Services would place any person or property at unacceptable risk.
8.3 Any delay, waiting time, suspension, additional attendance or return visit arising from the Client's failure to comply with clause 8.1 will be charged to the Client in accordance with these Terms & Conditions.
9. Exclusions
9.1 Unless expressly agreed otherwise by Allcranes in writing, the Services do not include:
(a) any services or advice outside the CraneSafe Assessment Program;
(b) dismantling the Equipment or conducting mechanical, hydraulic or electrical diagnostics;
(c) servicing, repairing, maintaining, adjusting or modifying the Equipment;
(d) operating the Equipment, except to the extent Allcranes expressly agrees to assist with operation in connection with an inspection;
(e) engineering certification, structural engineering assessment or design verification;
(f) destructive or non-destructive testing;
(g) identifying or providing opinions regarding any latent, hidden or concealed defect, deterioration or condition that is not reasonably apparent from the inspection;
(h) independently verifying the accuracy, completeness or authenticity of information, documents, records, service histories, maintenance records or other material provided by or on behalf of the Client;
(i) providing any opinion regarding the condition, performance, compliance or safety of the Equipment after the date of the inspection;
(j) any warranty or guarantee regarding the future performance, condition, compliance, safety or serviceability of the Equipment; or
(k) any other professional services not expressly included in the Services.
9.2 Unless otherwise agreed by Allcranes in writing, any report issued by Allcranes is prepared solely for the Client and the purpose for which the Services were performed. Allcranes accepts no Liability for reliance on a report by any third party or for any other purpose.
9.3 The Client remains responsible at all times for the safe operation, maintenance, servicing and use of the Equipment and for ensuring compliance with all applicable Legislative Requirements. Nothing in any inspection, report or CraneSafe Green Sticker issued by Allcranes transfers or reduces those responsibilities.
10. Application and Acceptance of Terms & Conditions
10.1 These Terms & Conditions apply on an ongoing basis to all Services provided by Allcranes to the Client from the date they are accepted by the Client and, together with any applicable Quote, booking confirmation, written scope, agreed pricing or other document issued or accepted by Allcranes in connection with particular Services, constitute the agreement between Allcranes and the Client (Agreement).
10.2 The Client accepts and agrees to be bound by these Terms & Conditions by:
(a) accepting a Quote issued by Allcranes;
(b) making or confirming a booking for Services;
(c) issuing a purchase order, work order or other instruction requesting Services;
(d) instructing or permitting Allcranes to commence or continue performing the Services; or
(e) otherwise engaging Allcranes to provide the Services.
10.3 A Quote is not required for these Terms & Conditions to apply.
10.4 These Terms & Conditions prevail over any inconsistent or additional terms contained in any purchase order, work order, subcontract, procurement terms, Client terms and conditions or other document issued by or on behalf of the Client, unless Allcranes expressly agrees otherwise in writing.
10.5 Allcranes' receipt, acknowledgement or acceptance of a purchase order, work order or other Client document, or Allcranes commencing or continuing the Services following receipt of such a document, does not constitute acceptance by Allcranes of any terms contained in or incorporated into that document.
10.6 Any Quote or other document issued by Allcranes will only vary these Terms & Conditions where it expressly states that a specified provision of these Terms & Conditions is varied or overridden.
10.7 The Agreement constitutes the entire agreement between the Parties in relation to the Services and supersedes all prior negotiations, representations, understandings and agreements relating to the Services, except to the extent otherwise required by law.
10.8 These Terms & Conditions continue to apply to all subsequent Services provided by Allcranes to the Client unless and until replaced or varied by written agreement between Allcranes and the Client.
Definitions
Agreement means these Terms & Conditions together with any applicable Quote, booking confirmation, written scope, agreed pricing or other document issued or accepted by Allcranes in connection with the Services.
Allcranes means Allcranes & Equipment Inspections Pty Ltd. Approvals means all certificates, licences, consents, permits, approvals and other requirements issued or authorised by any Commonwealth, State, Territory or local government authority, or otherwise required under any Legislative Requirement.
Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.
Client means the person or entity that engages Allcranes to provide the Services, including the person or entity identified in any Quote, booking, purchase order, work order or other instruction accepted by Allcranes.
Client Information means all information, documents, records and other material supplied by or on behalf of the Client to Allcranes in connection with the Services.
Consequential Loss means any indirect or consequential loss, including loss of income, revenue, profit, financial opportunity, business, business opportunity, contract, goodwill, production, use or anticipated savings, whether direct or indirect.
CraneSafe Assessment Program means the crane assessment program developed for crane owners, suppliers and users to provide an independent third-party visual assessment of the condition of material crane components contributing to crane safety, which complies with the requirements of Parts 1, 3, 4, 5, 11, 19 and 20 of AS 2550 for annual inspection.
CraneSafe Green Sticker means the Crane Industry Council of Australia (CICA) CraneSafe Green Sticker issued following successful completion of a CraneSafe Assessment, where applicable.
Direction means any approval, assessment, authorisation, decision, determination, explanation, instruction, order, permission, rejection, request or requirement given by or on behalf of the Client in connection with the Services.
Documents includes information stored in paper, electronic or any other form.
Equipment means the equipment identified in any Quote, booking, purchase order, work order, written instruction or other request for Services accepted by Allcranes.
Fee or Fees means all amounts payable by the Client to Allcranes for or in connection with the Services, including any applicable additional charges.
Legislative Requirements means all applicable Commonwealth, State and Territory legislation, subordinate legislation, regulations, codes, standards and statutory requirements applicable to the Services.
Liability means any legal liability or obligation, whether actual, contingent or prospective, including:
(a) liability arising regardless of when the acts, events or circumstances giving rise to the liability occurred; and
(b) liability to Personnel while on Site.
Loss means any loss, damage, cost, expense, charge or liability (including legal costs on a full indemnity basis and taxation liabilities).
Overseas Recipient means any person or entity located outside Australia to whom Personal Information is disclosed.
Party means either the Client or Allcranes, and Parties means both the Client and Allcranes.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Quote means any written quotation issued by Allcranes to the Client in connection with the Services.
Scope means the scope of the Services described in Section B – Scope of Inspection and, where applicable, any additional or different scope expressly agreed to by Allcranes in writing.
Services means only the services expressly included in the Scope, together with any Variation accepted by Allcranes in accordance with these Terms & Conditions. Site means the location at which the Services are performed or are to be performed.
Standard Rates means Allcranes' standard fees, rates and charges applicable to the relevant Services at the time those Services are performed.
Variation means any change to the Scope or Services requested by or on behalf of the Client and accepted by Allcranes.
Insurance
1. Professional Indemnity Insurance
1.1 Allcranes must maintain professional indemnity insurance covering its legal liability arising from any error, act or omission in connection with the performance of the Services.
1.2 Allcranes must maintain professional indemnity insurance with a limit of indemnity of not less than $5,000,000.
2. Public Liability Insurance
2.1 Allcranes must maintain public liability insurance with a minimum limit of indemnity of $20 million for any one occurrence.
2.2 The Client must maintain public liability and any other insurance reasonably necessary in connection with its activities, the Site and the Equipment.
2.3 Where Allcranes or its personnel are requested or required to assist with the operation, dogging, assembly or movement of Equipment, the Client must ensure that its applicable insurance policies extend to and provide appropriate coverage for those activities and for Allcranes and its personnel while undertaking those activities.
3. Workers Compensation Insurance
3.1 Each Party must maintain workers compensation insurance as required by applicable Legislative Requirements in respect of its own employees and personnel.
4. Evidence of Insurance
4.1 Upon written request by either Party, the other Party must provide a current certificate of currency for any insurance policy required to be maintained by that Party under these Terms & Conditions.
4.2 Each certificate of currency must identify:
(a) the insurer;
(b) the policy number;
(c) the expiry date; and
(d) the level of cover maintained.
5. Indemnity
5.1 To the fullest extent permitted by law, each Party indemnifies the other Party against all Liability and Loss arising from:
(a) loss of, damage to, or destruction of property; or
(b) personal injury (including psychological injury) or death, to the extent that the Liability or Loss is caused or contributed to by that Party's breach of this Agreement, negligent act or omission, or unlawful act or omission, including any such act or omission of its officers, employees, agents or subcontractors.
6. Limit on Indemnity
6.1 The indemnity in clause 5.1 is reduced proportionately to the extent that the Party seeking the indemnity caused or contributed to the relevant Liability or Loss by its own breach of this Agreement, negligent act or omission, unlawful act or omission,or other wrongful conduct.
Information
7. Client Information
7.1 The Client must promptly provide Allcranes with all Client Information reasonably required to enable Allcranes to perform the Services.
7.2 Allcranes is entitled to rely upon the accuracy, completeness and authenticity of any Client Information provided by or on behalf of the Client and is not required to independently verify that Client Information unless expressly agreed otherwise in writing.
7.3 Allcranes is not responsible for any delay, additional cost, Liability or Loss arising from or in connection with any inaccurate, incomplete, misleading or late Client Information provided by or on behalf of the Client.
7.4 The Client must promptly notify Allcranes if it becomes aware that any Client Information previously provided is inaccurate, incomplete, misleading or no longer current.
Directions
8. Client Directions
8.1 The Client must provide all Directions reasonably necessary for the performance of the Services in a timely manner.
8.2 Any Direction that may affect the Scope, timing, Fees or manner in which the Services are performed must be provided or confirmed in writing.
8.3 Allcranes must comply with any lawful and reasonable Direction given by the Client that is consistent with the Agreement and within the Scope.
8.4 Allcranes is not required to comply with any Direction that:
(a) is outside or varies the Scope unless accepted by Allcranes as a Variation;
(b) would expose any person or property to an unacceptable safety risk;
(c) would cause Allcranes to breach any Legislative Requirement; or
(d) is otherwise inconsistent with the Agreement. 8.5 Where Allcranes reasonably requests written confirmation of an oral Direction, Allcranes is not required to act upon that Direction until written confirmation has been received.
Variations
9. Variations
9.1 The Client may request a Variation to the Scope or Services at any time.
9.2 A Variation must be requested or confirmed in writing and accepted by Allcranes before Allcranes is required to perform the additional or varied Services.
9.3 If Allcranes reasonably considers that a Direction or request constitutes a Variation, Allcranes must notify the Client as soon as reasonably practicable.
9.4 Where reasonably practicable, the notice will identify:
(a) the reason Allcranes considers the Direction or request to be a Variation;
(b) the anticipated change to the Scope or Services;
(c) any additional Fees or charges; and
(d) any anticipated impact on the timing or completion of the Services.
9.5 Allcranes is not required to commence or continue any varied or additional Services until the Variation, including any applicable Fees or charges, has been accepted by Allcranes and approved by the Client in writing.
9.6 If the Client disputes that a Direction or request constitutes a Variation, Allcranes may suspend the affected part of the Services until the matter is resolved, without liability for any resulting delay or Loss.
9.7 The Client must pay all additional Fees and charges arising from an accepted Variation.
9.8 Unless otherwise agreed by Allcranes in writing, the Fees and charges for a Variation will be calculated using:
(a) any applicable rates specified by Allcranes; or
(b) where no applicable rate has been specified, Allcranes' Standard Rates. 9.9 Allcranes is not obliged to perform any Variation that falls outside the general nature of the Services unless Allcranes expressly agrees otherwise in writing.
10. GST
10.1 Unless expressly stated otherwise by Allcranes in writing, all Fees and amounts payable under the Agreement are exclusive of GST.
10.2 If GST is payable on any taxable supply made under the Agreement, the Client must pay the applicable GST at the same time as the Fee or other amount to which the GST relates.
11. Law and Approvals
11.1 Each Party must comply with all Legislative Requirements and obtain and maintain all Approvals necessary to perform its obligations under the Agreement.
11.2 Each Party is responsible for complying with all Legislative Requirements applicable to its own activities in connection with the Services.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, Allcranes' total aggregate Liability arising out of or in connection with the Agreement or the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to $5,000,000.
12.2 Clause 12.1 does not limit Allcranes' Liability in respect of the indemnity in clause 5. However, Allcranes' total aggregate Liability in respect of that indemnity is limited to the limit of indemnity under the applicable insurance policy maintained by Allcranes.
12.3 To the maximum extent permitted by law, neither Party is liable to the other for any Consequential Loss arising out of or in connection with the Agreement or the Services.
12.4 Nothing in these Terms & Conditions limits or excludes Liability:
(a) which cannot lawfully be limited or excluded;
(b) arising from fraud, wilful misconduct or criminal conduct; or
(c) to the extent Liability cannot be excluded under the Australian Consumer Law.
12.5 Allcranes is not liable for any delay in performing the Services where that delay is caused by:
(a) the Client;
(b) the Site;
(c) the Equipment;
(d) weather;
(e) safety requirements;
(f) access restrictions; or
(g) any circumstance beyond Allcranes' reasonable control.
13. Confidentiality
13.1 Each Party must keep confidential:
(a) the Agreement;
(b) all commercial, technical and financial information received from the other Party; and
(c) any information which a reasonable person would regard as confidential.
13.2 This obligation does not apply where disclosure is:
(a) required by law;
(b) required to obtain professional advice;
(c) reasonably necessary to perform the Services, provided the recipient is subject to confidentiality obligations; or
(d) authorised in writing by the other Party.
14. Severability
14.1 If any provision of the Agreement is illegal, invalid or unenforceable, that provision is severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
15. Dispute Resolution
15.1 If a dispute arises in connection with the Agreement or the Services, either Party may give the other Party written notice describing the dispute.
15.2 Within 10 Business Days after receiving the notice, representatives of each Party with authority to resolve the dispute must meet and attempt to resolve the dispute in good faith.
15.3 Unless the dispute relates to termintion, each Party must continue to perform its obligations under the Agreement while the dispute is being resolved.
15.4 If the dispute is not resolved within 20 Business Days after the notice is given, either Party may commence legal proceedings or, if agreed by the Parties, refer the dispute to mediation or another form of alternative dispute resolution.
15.5 Allcranes may suspend the Services if the Client fails to pay any amount when due, breaches the Agreement, fails to provide anything reasonably required for the Services, or where Allcranes is unable to safely perform the Services or is prevented from performing the Services by circumstances beyond its reasonable control
15.6 Allcranes may terminate the Agreement by written notice where the Client commits a material breach of the Agreement and, where capable of remedy, fails to remedy that breach within a reasonable period after receiving written notice. Suspension or termination does not affect the Client's obligation to pay any Fees, charges or other amounts already incurred or payable.
16. Amendment
16.1 The Agreement may only be amended by a written agreement signed by both Parties.
17. Governing Law and Jurisdiction
17.1 The Agreement and any dispute arising out of or in connection with it are governed by the laws of the State of New South Wales.
17.2 Each Party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.
18. Privacy
18.1 Compliance with Privacy Laws Each Party must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to the collection, use, storage and disclosure of Personal Information. 18.2 Cross-Border Disclosure Allcranes may disclose Personal Information to an Overseas Recipient only where:
(a) Allcranes has taken reasonable steps to ensure the Overseas Recipient complies with privacy obligations substantially equivalent to the Australian Privacy Principles; or
(b) the individual has provided informed consent after being advised that equivalent privacy protections may not apply. Where Personal Information is disclosed to an Overseas Recipient, Allcranes must take reasonable steps to ensure that recipient:
(i) handles the Personal Information consistently with the Australian Privacy Principles; and
(ii) implements appropriate technical and organisational measures to protect the Personal Information against unauthorised access, use, disclosure or loss.
18.3 Consent to Collection The Client consents to Allcranes collecting Personal Information from third parties, including the Crane Industry Council of Australia and CraneSafe, where reasonably necessary for the performance of the Services.
18.4 Scope of Collection All Personal Information collected must:
(a) be relevant to the purposes for which it is collected;
(b) be collected lawfully, fairly and reasonably; and
(c) be used, stored and disclosed in accordance with applicable privacy laws.
18.5 Withdrawal of Consent The Client may withdraw its consent to future collection of Personal Information by providing written notice to Allcranes. Upon receipt of that notice, Allcranes must cease collecting Personal Information from third parties except where collection is required or authorised by law.
18.6 Use and Disclosure Allcranes may use or disclose Personal Information only for the purposes contemplated by the Agreement or the Services, or as otherwise required or authorised by law.