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1. This agreement governs the provision of underground utility locating services by Pathfinder Underground Limited. 2. You warrant that the services are acquired by you for business purposes only. 3. You acknowledge that the services are intended to assist in locating underground utilities and are provided as a guide only. 4. The accuracy of the procedure and equipment used by Pathfinder Underground can vary. You may not assume that any marked underground utility lies in the position indicated by Pathfinder Underground. 5. Pathfinder Underground is in no circumstances liable for any damage to or disturbance of underground utilities, or for any injury, loss or other consequences of such damage or disturbance, including (without limitation) for loss of use, data, production, profit, revenue, business, contract or anticipated saving, damage to goodwill, reputation or share price, loss of customer or customer losses, loss by reason offull or partial shutdown or non-operation, or for any delay, financing costs or increase in operating costs or any economic loss or for any special, indirect or consequential loss or damage which may be suffered by you, or by any other person or organisation including (without limitation) any operator, owner, customer, service company, or subscriber, You will at all times indemnify Pathfinder Underground against any liability for any such injury, loss or damage, and for all consequences thereof. 6. Without prejudice to the above provision, if Pathfinder Underground should in any circumstances have any liability to you in tort, contract or otherwise in connection with the services, its liability shall be confined to damages in a maximum sum not exceeding the moneys actually paid to Pathfinder Underground by you for the services. 7. The above protections and indemnities also apply for the benefit of all employees, officers, agents and contractors of Pathfinder Underground. 8. You acknowledge that these terms contain the entire agreement between you and Pathfinder Underground, and that no representation, warranty or other stipulation inconsistent with these terms are expressed or implied on the part of Pathfinder Underground. 9. All amounts payable by the Client shall be paid in full by the 20th of the month following the invoiced month. Alternative arrangements are accepted by email request prior to any work being procured. 10. All persons, companies, partnerships, business entities or otherwise procuring Pathfinder Underground utility locating services does so on the acknowledgement they have read, understand, agree and accept the Terms And Conditions Of Underground Utility Locating. |
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