Last Updated: March 2026
These Terms & Conditions govern all services provided by Smallmons Earthworks Solutions including earthworks, earthmoving, retaining walls, land clearing, soil supply, machine and truck hire, and all associated works. By engaging our services, the Client agrees to the following terms.
Company refers to Smallmons Earthworks Solutions.
Client refers to any individual, business, or entity engaging the Company for services.
Services refers to all works undertaken by the Company including but not limited to earthworks, earthmoving, retaining walls, land clearing, soil supply, machine hire, truck hire, and associated labour.
Materials refers to soils, aggregates, fill, rock, timber, concrete, and any other supplied product.
The Company will provide Services as quoted or agreed in writing. Variations requested by the Client or required due to site conditions will be charged accordingly.
The Client must supply onsite water for compaction purposes and for staff needs, including both raw and potable water suitable for human consumption. Additionally, the Client is responsible for providing adequate onsite services such as toilets to ensure compliance with health and safety standards and to support efficient site operations.
All soils, fills, aggregates, and materials supplied are provided as-is.
Natural materials may contain foreign objects, including but not limited to: rocks, stones, clay, organic matter, debris, or other naturally occurring inclusions.
The Company is not liable for foreign materials present in soil or fill, or any damage caused by such materials.
Screening or specialised material preparation must be requested in writing and may incur additional costs.
All retaining wall works are completed to industry standards.
Engineering, certification, and council approvals (if required) are the Client’s responsibility unless explicitly included in the quote.
The Company is not liable for ground movement caused by natural events, or soil erosion, drainage issues, or site instability unless caused by proven negligence.
Land clearing may expose hidden hazards such as rocks, roots, stumps, rubbish, or buried materials.
The Company is not responsible for damage to property caused by pre-existing site conditions, or dust, noise, vibration, or environmental impacts inherent to earthmoving.
Works may be delayed due to weather, safety concerns, or unforeseen site conditions.
Additional costs may apply for wet weather delays, rework caused by flooding, erosion, or soil collapse, and variations requested by the Client.
All invoices are to be paid on the day of invoice receival unless otherwise stated or agreed apon.
Deposits may be required prior to commencement.
Interest may be charged on overdue accounts.
Materials, machinery, and labour remain the property of the Company until paid in full.
THIS IS A PAYMENT CLAIM MADE UNDER THE BUILDING & CONSTRUCTION INDUSTRY PAYMENTS ACT 2004 (QLD)
The Company may issue payment claims under the Act for works performed.
The Client must respond within the timeframes required by the Act. Failure to respond may result in recovery action, adjudication, or suspension of works.
The Company is not liable for damage caused by pre-existing site conditions, foreign materials in soils or fill, damage to underground services not correctly identified, delays caused by weather, other contractors, or Client actions, or structural movement, erosion, or natural ground behaviour.
The Client agrees to indemnify the Company against all claims, losses, damages, or costs arising from unsafe site conditions, incorrect information provided by the Client, or interference by other contractors.
The Company provides workmanship warranties consistent with Queensland standards.
No warranty applies to natural materials, soil movement, or drainage issues unless explicitly included in the scope.
Cancellations within 24 hours of scheduled works may incur a fee.
Mobilisation costs, transport, and minimum hire charges may still apply.
Materials delivered to site become the Client’s responsibility.
Additional charges apply for removal of excess soil, rubbish, or debris.
These Terms & Conditions are governed by the laws of Queensland, Australia.
By engaging Smallmons Earthworks Solutions, the Client acknowledges and accepts these Terms & Conditions in full.