High Load Movement Authorisation Terms and Conditions
1. Terms and Conditions: These terms and conditions apply to the application process for an Authorisation from Horizon Power and shall form part of any Authorisation granted by Horizon Power unless specifically excluded in writing by an authorised representative of Horizon Power. By submitting an application, the Applicant agrees to be bound by these terms and conditions.
2. Definitions: In these terms and conditions the following words have the following meaning:
“Applicant” means the person or entity that submits an Application.
“Application” means an application submitted by an Applicant to Horizon Power for Authorisation to move a High Load.
“Authorisation” means a High Load Movement Authorisation granted by Horizon Power in response to an Application.
“Consequential Loss” includes loss of production, loss of revenue, loss of profit (or anticipated profit), loss of business reputation, business interruptions of any nature and loss of opportunities.
“High Load” means the load described in the Application.
3. Authorisation processing. Horizon Power does not guarantee the Application will be approved. The Applicant will be notified of the outcome of its Application. The Applicant must allow at least 3 days for processing of the Application and up to 3 weeks where escorts and surveys may be required in relation to the movement of the High Load.
4. Force Majeure. Horizon Power shall not be liable to the Applicant for any loss, damage or expense or delay caused by or attributable to any cause or event which is not reasonably within the control of Horizon Power, including (without listing the generality of the foregoing) Acts of God; strikes; lockouts; stoppages or restraints of labour or other industrial disturbances; war, acts of public enemies, riot or civil commotion or sabotage; fire, explosion, earthquake, landslide, flood, washout, lightning, storm or tempest; breakdown or an accident to plant, machinery, equipment, lines or pipes howsoever caused; failure of suppliers to supply equipment or machinery; and restraints, embargoes, other actions of any government, shortages of labour or materials, delays or loss due to pandemic or epidemic.
5. Application Modification:
- Subject to item 5(c) below, an Application that has not yet been approved may be modified by Horizon Power as required. The Applicant will be notified of any modifications made to the Application after it has been submitted but prior to granting of the Authorisation.
- Once an Application has been approved and an Authorisation has been granted in respect of a High Load movement, the details of the High Load movement cannot be amended. Where any amendments are required to a granted Authorisation, including, but not limited to the amendment of load height, weight, length, start location, end location, route or escort date and/or time of a High Load movement will require a new Application to be submitted.
- Nothing in these terms and conditions limits Horizon Power’s ability, acting reasonably, to request that a new Application be submitted.
6. Loss: The Applicant indemnifies Horizon Power for any damage to any of Horizon Power’s assets or infrastructure, or any costs or loss suffered or incurred by Horizon Power caused or contributed to by the Applicant or otherwise in connection with the movement of the High Load. Neither party is liable to the other for Consequential Loss.
7. Application of Acts and By-Law: Nothing contained in these terms and conditions shall in any way limit the operation or effect of any legislation, subordinate legislation or directions from any government agency, including Horizon Power.
8. Additional Charges: The Applicant is responsible for any costs associated with any relocation of a Horizon Power asset or any escort necessary to facilitate the travel requested in the Application submitted by the Applicant. Such costs are in addition to any application fee.
9. Assumptions: Horizon Power assumes that the information provided within the Application is correct, accurate and reliable. The Applicant indemnifies Horizon Power for any loss suffered or incurred by Horizon Power arising out of any incorrect or inaccurate information being included in the Application.
10. Approvals, authorisations and permits: The Applicant acknowledges and agrees that it is responsible for obtaining all other necessary approvals, authorisations and permits required in order to move the High Load (including, but not limited to, a permit or order required to drive a Restricted Access Vehicle from Main Roads Western Australia).
11. Compliance: Horizon Power may impose conditions on an Authorisation and the Applicant must comply with any such condition(s).