BAR Resources Pty Ltd trading as BAR Earthmoving

ABN 82 672 238 649

1.1 "Supplier" means "BAR Resources Pty Ltd" Trading as "BAR Earthmoving" (ABN 82 672 238 649).

1.2 "Customer" means the person buying or hiring equipment, goods and/or services specified in any invoice, document, or order. If there is more than one Customer, each Customer is jointly and severally bound.

1.3 "Equipment" means all goods, services, works or plant and equipment supplied or undertaken (as the case may be) by the Supplier to the Customer by way of Wet Hire.

1.4 "Goods" and/or "Services" means any goods and services supplied by the Supplier and includes the provision of earthworks and/or the supply of materials related to civil works.

1.5 "Minimum Hire Fee" means the amount specified in and/or calculated in accordance with the Price List.

1.6 "Price" means the price payable for the Goods and/or Services.

1.7 "Price List" means the current price list used by the Supplier to determine costs for Equipment, Goods, and/or Services in a given geographical area.

1.8 "Site" means the location at which the Goods and/or Services are delivered or performed.

1.9 "Storm" includes a storm, cyclone, or severe weather event with wind, rain, hail, or dust.

1.10 "Wet Hire" means the hire of Equipment together with an operator provided by the Supplier.

2.1 These Terms and Conditions are deemed incorporated into any contract for Goods and/or Services between the Supplier and the Customer, and take full force and effect immediately upon the Customer’s engagement of the Supplier, whether by order, instruction, acceptance of quote, or commencement of works.

2.2 Amendments must be in writing and signed by the Supplier.

3.1 The Customer must provide at least 14 days' written notice of any change in ownership or business details. Failure to do so will render the Customer liable for any resulting loss.

4.1 Prices are determined either by the current Price List at the date of delivery or by a valid quotation accepted within 30 days.

4.2 Variations to the original scope of work or quotation may incur additional charges payable upon completion.

4.3 The Supplier may require a non-refundable deposit.

4.4 Payment is due as directed by the Supplier, typically within 14 days of invoice.

4.5 Accepted payment methods include EFT, cheque, and approved credit cards (subject to surcharge).

4.6 All prices are exclusive of GST unless stated otherwise.

4.7 Any disputes must be raised in writing within 21 days of invoice; failure to do so will void the Customer’s right to set-off or dispute.

5.1 Delivery occurs when Goods are collected by or delivered to the Customer or their representative.

5.2 Delivery fees are additional to the Price.

5.3 Delivery to a third party nominated by the Customer is deemed delivery to the Customer.

5.4 The Customer must accept delivery as arranged or pay applicable redelivery or storage fees.

5.5 Partial deliveries may be made and invoiced accordingly.

5.6 Delivery dates are estimates only; the Supplier is not liable for delays.

6.1 Risk passes to the Customer upon delivery.

6.2 The Customer must insure Goods upon delivery.

6.3 Damages must be reported in writing within 7 business days, with photos and details provided.

7.1 The Customer must provide safe and clear access to the Site.

7.2 The Customer must identify and mark all structures and underground/overhead infrastructure and provide plans.

7.3 The Customer indemnifies the Supplier against any damage to infrastructure due to the Customer’s failure to disclose or accurately locate assets.

8.1 Industry tolerances apply unless otherwise agreed in writing.

8.2 The Customer is responsible for verifying measurements and quantities.

8.3 Changes must be requested in writing before acceptance.

9.1 Electronic signatures are deemed accepted.

10.1 Title remains with the Supplier until full payment is received.

10.2 Until payment, the Customer holds proceeds of sale in trust for the Supplier.

10.3 Goods must be stored clearly as Supplier-owned until payment.

10.4 The Supplier may enter premises to recover unpaid Goods.

11.1 Except as required by Australian Consumer Law, all implied warranties are excluded.

12.1 Supplier liability is limited to the price paid for the Goods or Services.

12.2 The Supplier is not liable for consequential loss.

12.3 The Supplier’s liability for injury or death caused by its own negligence or breach is not excluded.

13.1 Where applicable, the Supplier’s liability under consumer guarantees is limited to replacement, repair, or resupply.

14.1 The Supplier retains IP rights in designs and documents it produces.

14.2 The Customer warrants its materials do not infringe third-party IP and indemnifies the Supplier.

15.1 Interest may be charged on overdue amounts at 10% above the RBA Cash Rate. 

15.2 Recovery costs, including legal fees, are recoverable from the Customer.

15.3 The Customer charges its present and future property as security for amounts owed.

16.1 The Supplier may cancel a contract and will refund any payments received for undelivered Goods.

16.2 The Customer is liable for any loss incurred due to cancellation.

17.1 The Customer consents to the Supplier collecting and disclosing personal or credit information in accordance with applicable privacy laws.

18.1 The parties must comply with all laws and regulations relevant to the works.

18.2 The Customer is responsible for permits and approvals.

18.3 The Customer must ensure Site safety.

19.1 These terms apply to all Wet Hire contracts and override conflicting provisions.

19.2 Wet Hire shall not exceed one month without a new agreement.

19.3 Equipment remains the Supplier’s property at all times.

19.4 The Customer does not acquire possession or control of Equipment.

19.5 Equipment will only be operated by Supplier-authorised personnel.

19.6 Supplier may refuse unsafe or inappropriate directions.

19.7 The Customer must ensure Equipment is kept safe and only used as directed.

19.8 The Customer is liable for damage caused by negligence or misuse.

19.9 Recovery costs for bogged Equipment are chargeable to the Customer.

19.10 Breach of these terms results in indemnity to the Supplier.

20.1 No waiver by the Supplier of a breach shall be deemed a waiver of any other breach.

20.2 If any part of this agreement is invalid, the remainder remains enforceable.

20.3 These terms are governed by the laws of Western Australia.

20.4 The Supplier is not liable for indirect or consequential loss.

20.5 The Customer may not withhold payments due to disputes.

20.6 The Supplier may subcontract without consent.

20.7 Neither party is liable for force majeure events.

20.8 The Minimum Hire Fee applies even if Equipment is not used due to Storms.

20.9 The Customer warrants it has the authority to enter into this agreement and that it creates legally binding obligations.