Terms and Conditions
All clients of Cope Crane Trucks are legally bound to the below terms and conditions. The appointment of Cope Crane Trucks as service provider is taken as the client’s agreement to the terms and conditions, and the responsibility is hereby on them to uphold compliance.
1. Definitions
1.1 “The Agreement” refers to the terms and conditions that bind both parties.
1.2 “The Appointment” refers to the time at which the service has been agreed by both parties to be carried out.
1.3 “The Client” refers to the client seeking out the services offered by the operator or a representative of the client.
1.4 “The Operator” refers to the Cope Crane Trucks operator or a sub-contractor operating on behalf of Cope Crane Trucks.
1.5 “The Load” refers to the goods required to be handled, lifted, and carried by the operator.
1.6 “The Service” refers to the work performed by the operator as instructed by the client.
2. Provision of Services
2.1 The service provided by the operator must be expressly agreed upon by both parties before commencement of works, and must fit within the scope of the operator’s work and the capacity of the crane.
2.2 The client gives full authority to the operator to enter any properties and handle any goods required to complete the service successfully.
2.3 The service is deemed complete once the agreed-upon work is carried out by the operator, or at the extent that it is safe for the Operator to do so.
2.4 The client must be present for the pick-up and on-site delivery of the load unless expressly agreed upon by both parties.
2.5 The client is responsible for providing accurate information relating to the measurement and description of the load, including but not limited to the weight, height and length, and must receive express approval from the operator that the load fits within the capacity of the crane before the service commences.
2.5.1 The client must request a load inspection if they are uncertain whether the load fits within the scope of works or the capacity of the crane.
2.6 The client is responsible for ensuring that site access is free from any hazards or obstructions, including but not limited to street and driveway access, overhead or underground services, trees, property incline, and ground conditions, and must receive express approval from the operator that the site access fits within the scope of the work before the service commences.
2.6.1 The client is responsible for ensuring that access to the site is not hazardous to the operator, crane or property, including but not limited to dirt roads and steep, continuous hills.
2.6.2 The client must request a site inspection if they are unsure whether the site access possesses any hazards or obstructions.
2.6.3 In the event that site access is hazardous or obstructed, the operator reserves the right to return the load to the depot until site access is addressed and must be paid for the hours worked by the client.
2.7 The operator reserves the right to deem cranage unsafe and to stop all services to avoid any injury or damage to property, and must be paid for all hours worked up to this point by the client.
2.7.1 Cranage may be deemed unsafe for a number of reasons, including but not limited to unsafe weather conditions, the load being beyond the capacity of the crane, the load failing to have suitable lifting points, the lift falling outside of the normal functioning of the crane or scope of works, insufficient space for the operator to safely complete the service, or the site access posing safety risks or hazards.
3. Sub-contractors
3.1 The operator reserves the right to engage sub-contractors including but not limited to crane operators, traffic control, qualified riggers, and qualified electrical spotters to complete the service safely and successfully.
3.2 Any fees incurred from the use of sub-contractors must be paid for by the client.
4. Fees
4.1 Charges for the services are fixed, and inclusive of all taxes (excluding GST).
4.2 Charges will be calculated from the time the operator leaves the depot until they return to the depot, with a four-hour minimum.
4.3 All hours shall be calculated to the nearest half hour.
4.4 An after-hours rate is incurred for every hour worked by the operator when the execution of the service exceeds 9 continuous hours.
4.5 Additional rates incurred during the execution of the service including but not limited to crane operators, traffic control, qualified riggers, and qualified electrical spotters must be paid for by the client.
4.6 The client will be and will remain responsible to the operator for all its proper charges incurred in respect of the handling, lifting and/or carriage of the goods.
5. Payment
5.1 Payment must be made via bank transfer within 7 days of receiving an invoice.
5.2 Failure to pay within the stipulated time without prior agreement will result in an additional administrative fee
5.3 If the client fails to pay within 30 days, the operator reserves the right to commence legal proceedings to recover the total cost of the invoice, and any administrative fees, lawyer fees or court fees incurred to recover the funds.
6. Liability
6.1 The operator is not a Common Carrier and does not accept the obligations or liability of Common Carriers. All work is performed by the operator subject only to these conditions of contract and the operator reserves the right to refuse handling, lifting and/or carriage of goods at its discretion and without being bound to give a reason for such refusal.
6.2 The load is handled, lifted and/or carried entirely at the client’s risk. The operator shall not be responsible in tort or contract law for any loss, damage or deterioration of goods; delivery delay; misdelivery; or failure to deliver caused by unforeseeable circumstances, or circumstances outside of their control.
6.3 The client shall disclose to the operator the nature of the goods to be handled, lifted and/or carried.
6.3.1 The client shall not tender for handling, lifting and/or carriage any explosives, inflammable or otherwise dangerous or damaging goods without presenting a full description disclosing their nature. Such goods may be handled, lifted or carried only by special agreement. If any such goods be tendered otherwise, the client shall be liable for any loss or damage occasioned either directly or indirectly to the operator.
6.3.2 The client shall declare the weight of the goods and the operator will rely on such declared weight. The client shall be responsible for all extra cost and risk incurred by the operator and for any and all damage sustained by reliance on the declared weight, if the weight declared is found to be wrong.
7. Cancellation
7.1 Cancellation by the client within 24 hours of the appointment incurs the 4-hour minimum service fee to compensate the operator for time lost.