Terms & Conditions

1. Application of these terms

These terms apply to all soil, fill, clay, topsoil and other material proposed to be delivered to a Ground Up Land Solutions Pty Ltd receiving site.

By completing, signing or electronically accepting a Soil & Material Declaration, the Customer agrees that these terms form part of the terms governing every load delivered under that declaration.

2. Declaration required before delivery

A completed declaration must be lodged and accepted before material is delivered. The Customer declares that the information supplied is true, accurate and complete.

Ground Up relies on the declaration when deciding whether material may be accepted and how it is to be inspected, handled, processed, stockpiled, reused or otherwise managed.

3. Disclosure of contamination and material history

The Customer must disclose anything known or reasonably suspected about the material that may affect its acceptance, handling, classification, reuse, recycling, storage or disposal, including:

• known or suspected contamination;
• foreign material, waste, rubbish, asbestos-containing material, chemicals, hydrocarbons, odour or staining;
• any environmental reports, soil testing or waste classification relating to the material.

4. Acceptance is not final

Acceptance or tipping of a load does not constitute final acceptance or confirmation that the material complies with the declaration.

Ground Up may subsequently identify non-conforming material during inspection, excavation, processing or testing.

5. Misdescribed, undeclared or non-conforming loads

A load that is false, misleading, materially different from the declared material, contaminated, mixed with undeclared material or otherwise non-conforming may be rejected and may attract additional charges, where reasonably incurred, including:

• inspection and assessment;
• machine and operator time;
• segregation and stockpiling;
• testing and environmental assessment;
• loading, handling and rehandling;
• cleaning and remediation;
• transport;
• lawful removal, disposal or return of the material;
• administration;
• downtime caused by the non-conforming material; and
• third-party costs reasonably incurred by Ground Up as a consequence of the load.

6. Return or removal of material

Where lawful and reasonably practicable, Ground Up may require rejected or non-conforming material to be collected or returned at the Customer's cost.

7. Customer responsibility

The Customer is responsible for ensuring that:

• every truck, subcontractor and driver delivering material under the declaration is authorised to do so;
• each load originates from the declared source unless Ground Up approves another source;
• the material delivered corresponds with the declaration;
• Ground Up is notified immediately if the source, composition, classification or condition of the material changes;
• all information and supporting documents supplied are accurate and complete; and
• no person deliberately conceals, mixes, substitutes or misdescribes material delivered to the site.

8. Suspension and refusal

Ground Up may suspend or refuse further deliveries where there is a reasonable concern about the accuracy of a declaration or the material being delivered.

Site rules, directions of site staff and all applicable safety requirements must be followed at all times while on site.

9. Records and evidence

The declaration, these terms, load records, photographs, electronic signatures, arrival and departure times and associated electronic records may be retained as evidence of the transaction and deliveries.

Date, time, declaration number and the electronic acceptance record are recorded automatically where lawful and technically available.

10. Charges and payment

Charges are based on the material accepted and the applicable rates at the time of delivery. Amounts are payable on the terms shown on the invoice.

Loads delivered on account are invoiced to the Customer named in the declaration.

11. General

Nothing in the declaration or these terms excludes or limits rights or obligations that cannot lawfully be excluded under applicable legislation.

These terms are governed by the laws of Victoria, Australia.