SHORT FORM MODEL CONDITIONS OF ENGAGEMENT
1. Engagement:
The Client, hereby engages and employs the Drilling Contractor who agrees for and in consideration
of the terms, provisions, coditions and agreements herein contained and for the price herein listed
for the work specified in the tender documents and/or letter of engagement.
2. Work method:
The Drilling Contractor shall, in discussion with the client, determine the time, manner, means,
and method of doing the work.
3. Right of Entry:
The Client hereby warrants that he/she has full right and authority to enter into this contract,
and to authorise the Drilling Contractor to drill upon the land so described. The Client will
provide at no charge to the Drilling Contractor, such space at the drill site and its proximity as
the Drilling Contractor may desire, and indemnify the Drilling Contractor in the event of damage to
crops, buildings, trees, fences, gates or any other property caused in gaining access to the
drilling site or in the drilling operation and caused by the nature of the site.
4. Drill Site:
The Client hereby takes full responsibility for selecting the exact site of the drilling. Should
it be that earth conditions will not reasonably permit drilling of a hole in the spot located by
the Client, or located in conjunction with the Drilling
Contractor and the Drilling Contractor finds it necessary to make a move due to earth conditions,
the price shall be at the same rate as herein mentioned for the first hole plus the full price for
the new location and the hole.
5. Below Surface Variables:
It is understood and agreed by both parties that neither can tell exactly what will be found
underneath the surface of the earth and that the work of the Drilling Contractor and the price
hereunder is subject to those conditions, which he may find underneath the surface therefore.
The Drilling Contractor may be asked to assist and/or oversee the identification of underground
services at the drill site however the Drilling Contractor will not accept liability or
responsibility for damage to services thereafter.
6. Statutory Requirements and Bylaws:
The Client accepts responsibility for all Government or Local Body requirements pertaining to or
arising out of the work.
7. Hourly Rates:
Standby Rates will be applicable should operation cease due to Client’s request/fault.
8. G.S.T.
Goods and Services Tax will be added to the quotation (over) at the rate ruling at the time.
9. Arbitration:
In case any dispute or difference shall arise between the Client and the Drilling Contractor as to
the construction or execution on the contract or as to any matter or thing of whatsoever nature
arising thereunder or in connection therewith such dispute or difference shall be and the same is
hereby referred to Arbitration. Written notice requiring a dispute or difference to be settled by
Arbitration may be given by one party to the other at any time, and such notice shall specify the
matter or matters at issue and give detailed particulars of the dispute or difference. Arbitration
shall be by single Arbitrator or, if one cannot be agreed upon within twenty-one days after the
service of the written notice aforesaid, by two Arbitrators (one to be appointed by the Client and
the other by the Drilling Contractor) or an umpire. If one party has appointed an Arbitrator but
the other party fails to so appoint within twenty-eight days after the service of the written
notice aforesaid, then the party who has appointed an Arbitrator may appoint that Arbitrator to act
as sole Arbitrator in the reference, and his award shall be binding on both parties as if he had
been appointed by consent. The appointment of Arbitrators and the conduct of the Arbitration shall
be in all respects as provided in the Arbitration Act 1908 or any amendment thereto or re-
enactment thereof for the time being in force.
|