Ohanix - Terms and Conditions
1.0 Definitions
Wet Hire – refers to the provision of plant, equipment, or machinery inclusive of an operator engaged, supplied, and controlled by the Owner. The Owner is responsible for the operator’s competency, licensing, day‑to‑day maintenance, and operational performance during the hire period. The Hirer receives the benefit of both the equipment and the operator as a combined service.
Waste Classification – is the formal categorisation of a waste stream to identify whether it is:
- Controlled waste (requiring licensed transport and tracking),
- Hazardous waste (posing chemical, biological, or physical risks),
- Mineral waste (e.g., waste rock, tailings),
- General waste (non‑hazardous),
- Special waste (e.g., asbestos, clinical waste).
This classification determines the legal obligations for generators, transporters, and disposal facilities.
Disposal Requirements – refer to the legal, safe, and compliant actions that must be taken when disposing of any waste stream. In Western Australia—especially in mining and industrial operations—disposal requirements are governed primarily by the Environmental Protection Act 1986 (WA) and the Environmental Protection (Controlled Waste) Regulations 2004 (WA). These laws set out obligations for waste generators, carriers, drivers, and disposal facilities.
Utility Location Information – means the collection, verification, and documentation of the position, type, condition, and protection requirements of underground and above‑ground utilities within or adjacent to a proposed work area. This includes information obtained through Dial Before You Dig (DBYD/Before You Dig Australia), utility owner records, site plans, ground‑penetrating radar (GPR), electromagnetic locating, potholing, and visual inspection.
2.0 Application
These Terms and Conditions apply to all quotations, proposals, services, labour, equipment hire, vacuum loading, non-destructive digging, pressure cleaning, maintenance services, consulting services, labour hire, and associated works supplied by Ohanix Pty Ltd (“Ohanix”).
By accepting a quotation, issuing a purchase order, providing written approval, instructing Ohanix to commence work, or accepting delivery of services, the Client agrees to be bound by these Terms and Conditions.
3.0 Quotations
All quotations remain valid for thirty (30) days unless otherwise stated. Quotations are based on the scope of work described and may be revised if site conditions, quantities, specifications, or requirements change.
4.0 Pricing
All pricing is exclusive of GST unless otherwise stated.
Any work outside the quoted scope shall be treated as a variation and charged at Ohanix’s prevailing rates.
5.0 Photographic Documentation
Ohanix may take photographs of works before, during and after service delivery for quality assurance, dispute resolution, training, insurance and record keeping purposes.
6.0 Payment Terms
Unless otherwise agreed in writing:
• Account customers: 30 days from invoiced date.
• Non-account customers: payment prior to commencement.
Ohanix reserves the right to require deposits or progress payments.
7.0 Overdue Accounts
Ohanix reserves the right to charge interest on overdue amounts at 2% per month calculated daily.
The Client shall be responsible for all debt recovery costs, legal costs and collection expenses incurred by Ohanix.
8.0 Variations
Any variation requested by the Client or required due to unforeseen conditions may result in additional charges.
Variations may include, but is not limited to:Additional labour;
- Additional equipment;
- Additional materials;
- Additional travel;
- Disposal fees;
- Standby time;
- Site delays.
9.0 Suspension of Work
Ohanix may suspend works where:
- Unsafe conditions exist;
- Required permits are unavailable;
- Access is denied;
- Payment obligations are overdue;
- Site conditions differ materially from those represented;
- Or other similar circumstances.
10.0 Site Access
The Client shall provide safe and unrestricted access to the work area.
Ohanix reserves the right to charge stand by time for delays caused by permits, site access restrictions, inductions, isolations, traffic management, weather, or Client-controlled circumstances.
11.0 Standby Charges
Where Ohanix personnel or equipment are delayed through no fault of Ohanix, standby time may be charged at the applicable hourly rates.
12.0 Minimum Charges
- Labour services are subject to a minimum four-hour charge unless agreed to in writing.
- Vacuum truck services are subject to a minimum four-hour charge unless agreed to in writing.
- Emergency callouts are subject to minimum callout fees.
13.0 Equipment Hire
All equipment remains the property of Ohanix.
Equipment supplied with operators is provided on a wet hire basis and shall remain under the control of Ohanix personnel.
14.0 Loss, Damage or Theft of Equipment
The Client shall be responsible for all Ohanix equipment, tools, accessories, attachments and materials while located on the Client’s site, under the Client’s control, or otherwise made available for the Client’s use.
The Client remains responsible for loss, theft or damage caused directly or indirectly by the Client, its employees, agents, contractors, subcontractors or any other persons present on the site under the Client’s control.
The Client shall reimburse Ohanix for the full cost of repair or replacement of any equipment that is lost, stolen, damaged, destroyed, misused, vandalised or otherwise rendered unusable; fair wear and tear excepted.
Where equipment is damaged and requires repair, the Client shall be liable for all repair costs, transportation costs, inspection costs and associated expenses incurred by Ohanix.
Where equipment is lost, stolen or damaged resulting in the equipment being unavailable for use, the Client shall also be liable for Ohanix’s reasonable loss of income, loss of hire revenue and associated business interruption losses for the period the equipment is unavailable for operational use.
Replacement equipment supplied by Ohanix to maintain service delivery may be charged to the Client at the applicable hire or service rates.
Ohanix reserves the right to invoice the Client immediately upon identification of any loss, theft or damage. Any invoice issued in these circumstances is due and payable 30 days after issuance.
15.0 Client Supplied Information
Ohanix relies upon information, drawings, plans, utility locations, specifications and instructions supplied by the Client and third parties.
Ohanix accepts no responsibility for loss, damage, delays, additional costs or claims arising from inaccurate, incomplete or misleading information supplied by the Client or third parties.
16.0 Vacuum Truck Services
The Client is responsible for identifying waste classifications and disposal requirements.
Disposal fees, contaminated waste handling, tipping fees, environmental charges, and transport costs are additional unless specifically included in the contract or expressed in writing in a variation.
17.0 Non-Destructive Digging
The Client acknowledges that utility location information supplied by the Client, utility providers, surveyors, principals, contractors, Dial Before You Dig services or other third parties may be incomplete or inaccurate. Ohanix shall not be liable for loss or damage arising from reliance upon such information.
18.0 Pressure Cleaning Services
Pressure cleaning results may vary depending on surface condition, age, contamination, staining, coatings, and previous repairs.
Ohanix cannot guarantee complete stain removal including but not limited to oil staining, rust staining, bore staining, mould staining, paint staining or surface discolouration.
19.0 Damage Waiver for Pressure Cleaning
The Client acknowledges that pressure cleaning may expose pre-existing defects, loose coatings, deteriorated surfaces, damaged mortar, degraded sealants, rust, corrosion, oxidisation, weakened paint systems or other latent conditions not visible prior to commencement. Ohanix shall not be responsible for damage resulting from such pre-existing conditions.
20.0 Limitations relating to Cleaning, Vacuum and Maintenance Services
The Client acknowledges that pressure cleaning, vacuum loading, non-destructive digging, drain cleaning, industrial cleaning and related services involve interaction with existing infrastructure, surfaces, coatings, pipes, drains, structures and assets which may contain hidden defects, deterioration, corrosion, fatigue, contamination, wear or damage.
Whilst Ohanix will exercise due skill, care and diligence in the performance of its services, Ohanix does not warrant that surfaces, assets or infrastructure are free from pre-existing defects and accepts no liability for damage arising from:
- Existing deterioration, corrosion, fatigue or structural weakness;
- Failure of ageing, damaged or poorly maintained infrastructure;
- Collapse of drains, pipes or underground services;
- Peeling paint, coatings, decals, sealants or surface finishes;
- Exposure of existing defects, cracks or damage;
- Staining, discolouration or uneven cleaning results;
- Inaccurate service location information supplied by the Client or third parties;
- Hidden underground services, voids or obstructions;
- Other similar conditions not reasonably identifiable prior to commencement of the works.
The Client acknowledges that cleaning and maintenance activities may reveal pre-existing defects or conditions that were not visible prior to commencement and that Ohanix shall not be responsible for rectification of such defects.
To the maximum extent permitted by law, Ohanix’s liability for any claim arising from the provision of services shall be limited to the value of the services supplied by Ohanix under the relevant work order, quotation or purchase order.
Under no circumstances shall Ohanix be liable for consequential loss, loss of profits, loss of production, business interruption, delay costs, liquidated damages or indirect losses of any kind.
21.0 No Guarantee of Outcome
Ohanix does not guarantee complete removal of stains, contaminants, graffiti, blockages, corrosion, bore staining, oil staining, rust staining, mould, paint, coatings or other conditions where such conditions have penetrated, permanently altered or damaged the substrate.
The Client acknowledges that certain contaminants and defects may not be fully removable despite the use of due skill, care and diligence, industry accepted methods and specialised equipment.
22.0 Sub-contractors
Ohanix may engage suitably qualified employees, contractors or subcontractors to perform all or part of the services.
Ohanix remains responsible for services performed by its employees and subcontractors.
23.0 Safety
The Client shall comply with all applicable workplace health and safety requirements.
Ohanix reserves the right to suspend work where unsafe conditions exist.
24.0 Insurance
Ohanix maintains Public Liability and Workers Compensation insurance appropriate to its operations.
Certificates of Currency can be provided upon request.
25.0 Limitation of Liability
To the maximum extent permitted by law, Ohanix’s liability shall be limited to the value of the services supplied.
Ohanix shall not be liable for consequential loss, indirect loss, loss of profits, production losses, business interruption, or special damages.
26.0 Force Majeure
Ohanix shall not be liable for delays or failure to perform caused by events beyond its reasonable control including weather, natural disasters, industrial action, supply shortages, transport disruptions, government restrictions, or site shutdowns.
27.0 Governing Law
These Terms and Conditions are governed by the laws of Western Australia.
28.0 Claims
Any claim relating to services provided by Ohanix must be made in writing within seven (7) days of completion of the works. Failure to notify Ohanix within this period shall be deemed acceptance of the services provided.
29.0 Cancellation
Where a Client cancels booked works after mobilisation, scheduling or procurement of labour, equipment or materials has occurred, Ohanix reserves the right to charge all reasonable costs incurred together with any non-recoverable expenses, lost utilisation and committed labour costs.