Disclaimer

Important: At present, Swift Utility Plans can only offer services within the state of Victoria.

Swift Utility Plans sources its information from the following providers:

• Dial Before You Dig (Note: Documents are sourced from utility providers with DBYD acting as an intermediary, not from DBYD itself)
• Spatial Datamart Victoria
• Nearmap
• Google Maps

All submitted and paid for requests are guaranteed to be responded to within 48 hours, with a plan detailing all information Swift Utility Plans has been able to source from the above providers within that time frame. Usually, this will include all information selected in the order form. However, requests for certain pieces of information (most particularly electricity and stormwater information) may on occasion take longer to process, especially if the order was placed just prior to or during the weekend. In this event, all pieces of information that have not been sourced within the initial 48 hour window will be clearly earmarked on the provided plan, and a second, follow-up plan subsequently provided at no extra charge once the additional information has been sourced.

Note that as Swift Utility Plans detail the locations of public utility conduits, sourced from utility providers, any private connections that link existing structures on the site to the primary utility conduits servicing the area cannot be included as part of a Swift Utility Plan. See below for information regarding your duty of care in locating on-site assets before commencing work.

Duty of Care:
Information provided to Dial Before You Dig (and thus, Swift Utility Plans) can be considered to be accurate as to the types of assets present for those utility providers that provide information to Dial before You Dig (a few providers do not, and thus there is a possibility there may be additional assets on the site that the utility information Swift Utility Plans provides does not cover^), but must be considered merely indicative as to their precise locations, and cannot guarantee pinpoint accuracy. This is because it is impossible (or, at the very least, highly impractical) for utility providers to provide mapping of their assets to an absolute degree of certainty, due to such factors as installation variations, ground subsidence, etc. As such, avoid making assumptions! Before any on-site works can commence, all services within the work area must be located through a physical, on-site inspection (it is recommended to carefully dig a small pothole with a hand shovel, or engage the services of a Certified Locator to confirm the location of an asset for you. Note that Swift Utility Plans is a data collation service and is NOT a Certified Locator, and thusly cannot perform on-site inspections). Swift Utility Plans is not responsible for damage caused to utility services. Please note that you may be held liable by utility providers for any damage incurred to a utility provider’s assets.

Note also that a Swift Utility Plan is only to be considered accurate as to the types of assets present for one month from its initial date of issue, as any subsequent works may change the nature of utilities located on or in proximity to the site.

^ Swift Utility Plans will attempt to indicate on a plan cases where missing information is considered likely, but this too is not a guarantee.

Legal Disclaimer
Limitation of liability and exclusion of liability.

1.  Subject to clause 4, Swift Utility Plans is not liable to the Client for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the agreement, except to the extent that such liability may not lawfully be limited or excluded. For the avoidance of doubt, this extends to any employees, contractors, agents, representatives, licensees or permitted assigns of Swift Utility Plans.
2. Notwithstanding the generality of clause 1, Swift Utility Plans expressly excludes liability for consequential loss or damage which may arise in respect of the Services or for loss of data, loss of, or claim for revenue, profits, actual or potential business opportunities or anticipated savings or profit, whether direct, indirect, economic, consequential, howsoever arising by way of act or omission in contract or in tort. You agree to release and indemnify Swift Utility Plans to that extent.
3. Where Swift Utility Plans cannot by law exclude such liability, it’s liability to the Client will be limited to, if the breach relates to goods, the replacement or repair of the goods or, if the breach relates to services, the supply of those services or the payment of the cost of those services supplied again. This clause applies despite anything else contained in or incidental to the agreement and to the fullest extent permitted by law.
4. Notwithstanding clause 1, the limitation of liability set out in clause 1 will not apply to any liability arising as a result of, or in connection with:
   (i) fraud or wilful misconduct by Swift Utility Plans;
   (ii) breach of confidentiality by Swift Utility Plans
   (iii) breach of privacy by Swift Utility Plans; or
   (iv) infringement of a third party’s Intellectual Property Rights by Swift Utility Plans. For the purpose of this clause, the term “Swift Utility Plans” shall mean Swift Utility Plans, its officers, employees, sub-contractors, suppliers and agents whether individually or collectively.
5. To the fullest extent permitted by law, Swift Utility Plans excludes all warranties implied by law except as expressly set out in these terms.

For more information, please refer to Dial Before You Dig’s Safety Practice, Best Practice, and Regulations infosheets for excavation work:

https://www.1100.com.au/safety-information/digging-safely/
https://www.1100.com.au/safety-information/best-practice-guides/
https://www.1100.com.au/safety-information/state-regulations-information/