Terms & Conditions
TERMS AND CONDITIONS OF TRADE
LH Bros Pty Ltd (ABN 35 687 685 123)
Trading as Geoscan Utility and Structural Investigation (“Company”)
1. Definitions
1.1 Company means LH Bros Pty Ltd (ABN 35 687 685 123) trading as Geoscan Utility and Structural Investigation,
including its employees, contractors and agents.
1.2 Customer means the person, company or entity requesting or acquiring the Works or services from the
Company.
1.3 Works means all services provided by the Company including, but not limited to:
• Utility locating and mapping
• Location of underground pipes, cables and associated infrastructure
• Estimation of service depth
• Fault finding
• Ground Penetrating Radar (GPR) scanning
• Structural investigation and scanning
• Non-destructive investigation support
• Survey and drafting of utility surveys
• Preparation of CAD drawings and other drawing formats
• Reporting and data interpretation
1.4 Where no Customer representative is present on site, site access arrangements and the scope of the Works must
be clearly agreed in writing prior to the Company attending the site. Where a Customer representative is present,
they must communicate and provide all relevant information concerning the Works.
2. Application of Terms
2.1 These Terms and Conditions apply to all Works supplied by the Company and prevail over any terms contained in
the Customer’s purchase order or other document, except to the extent expressly agreed in writing by the Company.
2.2 Any variation to these Terms must be in writing and signed by an authorised representative of the Company.
3. Work Hours and Minimum Hire
3.1 Minimum Hire
(a) Three (3) hours for standard work.
(b) Ten (10) hours for shift work.
3.2 Normal Working Hours
Monday to Friday, 6:00am to 6:00pm, being the first eight (8) hours worked on a standard working day.
3.3 Penalty Rates
Work performed outside normal working hours will incur a penalty rate of $80 per hour, per surveyor, in addition to
standard rates.
3.4 Travel Time
Travel time to and from site will be charged.
3.5 Exclusions and Allowances
Unless expressly agreed in writing, the Company’s fees do not include allowances for permits, scaffolding, hoisting,
access or protection at heights, traffic control, or site Enterprise Bargaining Agreement (EBA) requirements.
3.6 Inclement Weather
In the event of inclement weather preventing completion of the Works, minimum hire hours will apply and be
charged.
4. Performance of Works
4.1 The Company will use reasonable skill and care in performing the Works in accordance with accepted industry
practices.
4.2 Any timeframe provided for performance is an estimate only. The Company is not liable for any delay, nonperformance, or consequential loss arising from delays beyond its reasonable control.
5. Payment Terms
5.1 Payment terms are strictly 30 days from the date of invoice, unless otherwise agreed in writing prior to
commencement of the Works.
5.2 The Company reserves the right to charge interest on overdue amounts and recover reasonable debt collection
costs.
6. Access to Property
6.1 Where access to private property is required:
(a) The Customer warrants that it has lawful authority to grant access; and
(b) The Customer grants the Company a licence to access the property as reasonably necessary to perform the
Works.
7. Subsurface Utility Information & Standards
7.1 The Company conducts its utility location services in accordance with AS 5488.1:2022 – Classification of
Subsurface Utility Information.
7.2 Information provided by the Company will be classified under Quality Levels A, B, C or D as defined in AS 5488.
7.3 The Customer acknowledges that Quality Level classifications reflect the methodology used and do not
guarantee completeness or absolute accuracy.
8. Nature of Utility Locating Services
8.1 The Company uses electronic locating equipment, Ground Penetrating Radar (GPR) and other non-destructive
technologies to identify and mark underground services.
8.2 The accuracy of located information is classified in accordance with AS 5488.1:2022. Services may be assigned
Quality Levels A, B, C or D. In some circumstances, services may be classified as Quality Level D (QL-D), which
indicates the existence of a utility based on records, anecdotal information or suspected GPR anomalies forming an
alignment only and carries no confirmed positional accuracy.
8.3 Not all underground services may be detectable. This includes services that are non-metallic, inactive,
abandoned, disused, decommissioned, or dead conductive cables that are not energised or capable of carrying a
detectable signal. Decommissioned or inactive conductive services must have an accessible above-ground
connection point or node in order for a signal to be applied by the locating equipment. Where no such connection
point exists, the service may not be detectable using electromagnetic methods.
8.4 The Works constitute a non-invasive investigation only. Where precise location, alignment or depth is critical, the
Company recommends verification by appropriate Non-Destructive Digging (NDD) or hand excavation prior to
excavation or construction activities.
8.5 The Company shall not be liable for loss or damage arising from reliance on marked or estimated service
locations without physical verification.
9. Customer Responsibilities
9.1 To assist the Company, the Customer is encouraged to provide current Before You Dig Australia (BYDA) plans,
together with any relevant site information including anecdotal knowledge, as-built surveys, plumbing/electrical
drawings, or other infrastructure documentation.
9.2 The Company does not warrant the accuracy or completeness of third-party or client-supplied plans or
documentation.
9.3 It is the responsibility of the Customer to:
(a) Ensure safe digging practices are followed in accordance with applicable legislation;
(b) Positively identify underground services using appropriate NDD or hand excavation prior to mechanical
excavation;
(c) Comply with all relevant asset owner and authority requirements; and
(d) Provide and maintain a safe working environment in accordance with OHS legislation.
9.4 Although the Company marks detected services on the ground, accuracy may vary. Physical verification prior to
excavation is strongly advised.
10. Limitation of Liability
10.1 Nothing in these Terms excludes rights or remedies the Customer may have under the Australian Consumer Law
(ACL) where such rights cannot be excluded.
10.2 To the extent permitted by law, the Company’s liability for any breach is limited, at the Company’s option, to:
(a) The re-supply of the Works; or
(b) Payment of the reasonable cost of having the Works supplied again.
10.3 Except for liability that cannot be excluded by law, the Company excludes all liability for:
• Indirect or consequential loss
• Loss of profit or opportunity
• Project delay costs
• Third-party claims
• Reinstatement or rectification costs
• Pure economic loss
10.4 The Company’s total aggregate liability shall not exceed the total fees paid by the Customer for those Works
11. Ground Penetrating Radar (GPR) Limitations
11.1 The Company may undertake investigations using Ground Penetrating Radar (GPR) and other non-destructive
geophysical methods to identify potential subsurface anomalies. GPR detects variations in electromagnetic
properties between subsurface materials and relies on the presence of sufficient contrast between materials to
produce detectable responses.
11.2 The effectiveness and reliability of GPR investigations are dependent on site-specific conditions including, but
not limited to, soil composition, moisture content, electrical conductivity, surface conditions, ground disturbance,
subsurface congestion, depth of burial, and the physical characteristics of subsurface materials or objects.
11.3 Certain conditions, including highly conductive soils (such as clay), heterogeneous or disturbed ground,
reinforced surfaces, dense vegetation, subsurface congestion, or weak contrasts between materials may limit signal
penetration, reduce data clarity, or obscure potential subsurface features.
11.4 Accordingly, all GPR results and interpretations provided by the Company are based on professional judgement
derived from the data obtained at the time of the investigation and are inherently interpretive in nature.
11.5 The Company does not warrant or guarantee the detection, identification, precise location, depth, or extent of
all subsurface features, including but not limited to underground services, tree roots, rocks, voids, geological
boundaries, underground storage tanks, or other buried objects.
11.6 The Client acknowledges that GPR investigations cannot confirm the complete absence of subsurface features
and should not be relied upon as the sole method of subsurface investigation.
11.7 Where confirmation of subsurface conditions is required, additional verification methods such as potholing,
drilling, excavation, or other physical investigation techniques should be undertaken.
11.8 To the fullest extent permitted by law, the Company accepts no liability for any subsurface feature, condition,
or object that is not detected, incorrectly interpreted, or otherwise obscured due to the inherent limitations of GPR
technology, site conditions, or factors outside the control of the Company.
12. Indemnity
12.1 The Customer indemnifies the Company against any claims, losses, or expenses arising from:
(a) The Customer’s failure to verify services prior to excavation;
(b) Reliance on depth estimates without physical verification;
(c) Breach of authority or safety guidelines;
(d) Inaccurate or incomplete plans supplied by the Customer.
13. General
13.1 These Terms are governed by the laws of the State or Territory in which the Works are performed.
13.2 If any provision is found to be unenforceable, the remaining provisions remain in full force and effect.