Transformer Excavations Pty Ltd Excavation & Earthmoving · Melbourne VIC

Terms of Service

Transformer Excavations Pty Ltd — excavation and earthmoving services, Melbourne VIC.

These Terms of Service apply to the excavation and earthmoving services provided by Transformer Excavations Pty Ltd (ABN ABN 77 702 495 734) and to your use of our website at https://transformerexcavations.site. By engaging our services or using this website, you agree to these terms.

1. About Us

Transformer Excavations Pty Ltd (ABN ABN 77 702 495 734) is an excavation and earthmoving contractor based in Melbourne VIC. We provide site cuts, trenching, bulk excavation, backfill and compaction, small demolition preparation and related earthmoving services for residential and commercial clients.

2. Quotations and Pricing

All quotations provided by Transformer Excavations Pty Ltd are valid for 30 days from the date of issue unless otherwise stated in writing. Quotations are based on the information available at the time, including site conditions, access, soil type and the scope of work described by the client. If site conditions differ materially from those assumed in the quotation, or if the scope of work changes, we will provide a written variation and obtain your approval before proceeding. Prices are quoted in Australian dollars and exclude GST unless expressly stated otherwise.

3. Engagement and Scope of Work

The scope of work we perform is limited to that set out in the accepted quotation or written agreement. Any additional work requested verbally or on site will only proceed once agreed and documented. We will endeavour to commence and complete work by agreed dates; however, dates are estimates only and may be affected by weather, ground conditions, site access, underground services and factors beyond our reasonable control.

4. Site Access and Client Responsibilities

You agree to provide safe and lawful access to the site, including access for plant, machinery and vehicles. You are responsible for obtaining all necessary permits, approvals and consents (including planning, building and road or council permits) unless we agree in writing to obtain them on your behalf. You warrant that you own the site or have the authority of the owner to have the works carried out. You must disclose the location of any known underground services, tanks, pipes, conduits or other hazards on or near the site. We may suspend work if the site is unsafe or access is inadequate.

5. Underground Services and Utilities

Before any excavation begins, we will take reasonable steps to identify underground services, including use of utility location services where appropriate. Notwithstanding this, you remain responsible for confirming that all service information you provide is accurate and complete. Any damage to unmarked or undeclared services may result in additional costs, which will be advised and invoiced in accordance with these terms.

6. Payment Terms

Unless otherwise agreed in writing, invoices are payable within 14 days of issue. We may require a deposit before commencing work, and progress payments for larger projects may be invoiced at agreed stages. Overdue amounts may accrue interest at a reasonable rate and we may suspend work or withhold completed work until outstanding amounts are paid. You must notify us in writing of any disputed invoice within 7 days of receipt, setting out the grounds for the dispute.

7. Cancellations and Variations

If you cancel an agreed engagement, you may be liable for reasonable costs already incurred, including mobilisation, plant hire, labour and materials ordered on your behalf. We will provide written notice of any cancellation charges where practicable. Variations to the scope of work must be agreed in writing (including by email) before the varied work is carried out.

8. Risk, Insurance and Liability

We hold appropriate insurance for the services we provide, including public liability insurance. Risk in materials supplied by us passes to you on delivery to the site. To the extent permitted by law, our liability for any claim arising out of the services is limited to the value of the works concerned, except where liability cannot lawfully be limited. We are not liable for indirect or consequential loss, including loss of profits or loss of use of the site, arising from matters beyond our reasonable control.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be provided with due care and skill and will be reasonably fit for purpose. Where our services fail to meet a consumer guarantee, you may be entitled to a remedy, subject to the provisions of the Australian Consumer Law.

10. Occupational Health and Safety

We are committed to safe work practices and will comply with applicable occupational health and safety legislation, including the Occupational Health and Safety Act 2004 (Vic) where applicable. You must inform us of any site-specific safety requirements, inductions or restrictions before work commences. We may direct that work stop if we consider the site unsafe for our personnel, plant or the public.

11. Retention of Title and Materials

Ownership of any materials supplied by us and incorporated into the works remains with us until payment in full is received. Spoil, excavated material and waste remain our property unless otherwise agreed in writing, and we will remove or dispose of them lawfully unless you have requested they be left on site.

12. Intellectual Property

All content on this website, including text, images, logos and design, is the property of Transformer Excavations Pty Ltd or its licensors and is protected by Australian and international copyright laws. You may view, download and print content from this website for your personal or internal business use in connection with engaging our services. Any other use, reproduction or distribution requires our prior written consent.

13. Website Use

Information on this website is general in nature and does not constitute professional engineering, geotechnical or legal advice. While we take reasonable care to keep website content accurate and current, we make no warranties as to completeness or accuracy and accept no liability for reliance on website content. Website content may change without notice.

14. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth), including the Australian Privacy Principles. By engaging our services or using this website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

15. Dispute Resolution

If a dispute arises in connection with our services or these Terms, both parties agree to attempt in good faith to resolve the matter by direct discussion and negotiation before commencing formal proceedings. Either party may refer an unresolved building or construction dispute to the relevant Victorian tribunal or authority with jurisdiction over such matters.

16. Governing Law

These Terms are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and any tribunal with relevant jurisdiction.

17. Changes to These Terms

We may update these Terms of Service from time to time. The current version will always be published on this page with the date of the latest revision. Continued use of our services or website after changes are published constitutes acceptance of the updated Terms.

Last updated: 1 January 2025

18. Contact Us

If you have any questions about these Terms of Service, please contact Transformer Excavations Pty Ltd:

You may also reach us through our contact page or request a free quote via our quote form.