Terms & Conditions

1.    GENERAL & DEFINITIONS

1.1.    These terms & conditions of engagement shall be read in conjunction with the Proposal. Together these documents shall form the basis of a contract of services between the Consulting Engineer (A.C.N. 670 261 828 Pty Ltd Trading as Buratt-Taylor) and the Client.

1.2.    The Proposal means any quotation, fee proposal, service agreement or other documents prepared by the Consulting Engineer and submitted to the client to describe the scope of works that we offer to perform for the Client and our fees. The ‘Agreement’ means the entire contractual agreement between the parties.

1.3.    The Client shall be defined as the party engaging our services as specified in the Proposal.

1.4.    The Client will have been deemed to have accepted and to be bound by these Terms & Conditions of Engagement if the Client signs and returns a copy of the Proposal, or if the Client instructs the Consulting Engineer (in writing or verbally) to commence with the services after the Client receives the Proposal.

1.5.    These Terms are governed by the laws of Victoria. Each party agrees to submit to the non-exclusive jurisdiction of the courts of that State and courts entitled to hear appeals from those courts.

1.6.    Nothing in these Terms constitutes a partnership, joint venture, agency or other form of fiduciary relationship.

1.7.    Neither party has the power to bind any other party except as authorised by these Terms.

1.8.    If a provision in the Agreement is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from the agreement for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of the Agreement.

2.    SERVICES

2.1.    The consulting engineer shall provide to the client the consulting services as described in the proposal.

2.2.    In performing the services, the Consulting Engineer shall exercise the degree of skill, care and diligence normally exercised by members of the engineering profession performing services of a similar nature, and in accordance with the ethics of the engineering profession.

2.3.    The Consulting Engineer shall refrain from assigning or transferring any obligation relating to its provision of services without written consent of the Client, which consent shall not be unreasonably withheld. However, the Client acknowledges that the services or any part thereof may be carried out by an agent, representative, employee or subcontractor of the Consulting Engineer as the Consulting Engineer may decide.

2.4.    The Consulting Engineer shall retain ownership and all legal and equitable rights (including but not limited to copyright) to all documentation produced that relates to the services including all intellectual property rights. Upon payment of fees, the Consulting Engineer shall grant the Client a non-exclusive, royalty free licence to use the deliverables of our services to obtain the benefit of the services provided.

2.5.    The Consulting Engineer shall have entitlement to additional fees where the scope of the work being provided by the Consulting Engineer is varied pursuant to any agreement between the parties.

3.    The Clients Responsibilities

3.1.    The Client may appoint a person to act as their representative and give notice to the Consulting Engineer of the name of the person so appointed. The Client agrees that the person appointed shall have authority to act on behalf of the Client for all purposes in connection with the Agreement.

3.2.    The Client must:

3.2.1.   at the Consulting Engineer’s request, provide timely directions, instructions and information to enable the Consulting Engineer to provide the services.

3.2.2.   promptly provide the Consulting Engineer with all documentation, resources, license, permissions and other things reasonably required from the Client in order to perform the services.

3.2.3.   ensure that all information and documentation the Client provides to the Consulting Engineer is accurate, complete and up to date.

3.2.4.   disclose any material facts relating to the property including but not limited to previous site investigations, works that may impact the services provided by the Consulting Engineer.

3.2.5.   notify the Consulting Engineer promptly of any change to the Clients service requirements or of any variation in the scope of works for which the services will be provided, If any such change or variation represents a material alteration of the contract, then the Consulting Engineer will not be bound to accept such a change or variation, and in that event, the Consulting Engineer may at its option immediately terminate the contract by giving written notice to the Client to that effect (without prejudice to any existing rights of the Consulting Engineer under the contract).

3.2.6.   ensure the site complies with all local applicable safety, health and environmental regulations before and during any attendance to the site by the Consulting Engineer and/or their representative.

3.3.    The Client acknowledges and agree that the Consulting Engineer may rely upon the information and documentation provided to the Consulting Engineer in order to perform the services.

3.4.    The Client shall at its own expense, obtain all necessary approvals and permits that are required to allow the Consulting Engineer to provide the services (including without limitation, council and planning approvals). The Client acknowledges that it is its responsibility to obtain all such necessary approvals and permits, and the Consulting Engineer shall not be held responsible for any delays that may arise in this regard.

4.    Fees

4.1.    The Client shall be the party to which invoices shall be sent and held responsible for the payment of such invoices.

4.2.    The Client must pay the Fees for any Services performed by the Consulting Engineer at the times and manner as set out in the proposal.

4.3.    Unless a dispute is raised within 14 days of the date of an invoice, the invoice shall be deemed to be correct and payable. Any adjustment made to an invoice shall be deemed to be as of the date of the original invoice.

4.4.    If the Client fails to make the required payment within 28 days of the invoice due date, then:

4.4.1.   The Consulting Engineer may suspend all or any part of the Services without any liability to the Client until full payment is made;

4.4.2.   The Consulting Engineer may charge interest on the unpaid amount of 8% per annum; and

4.4.3.   The Client must reimburse the Consulting Engineer for any reasonable expenses the Consulting Engineer incurs in relation to the collection of unpaid debts owed the Consulting Engineer by the Client.

5.    Limitations of Liability

5.1.    The liability of the Consulting Engineer to the Client arising out of the performance or non-performance of the Services, whether under the law of contract, tort or otherwise, shall be limited to those damages which are directly caused by the Consulting Engineer.

5.2.    Non-performance of any part of the services must be notified in writing to the Consulting Engineer within 28 days of the completion of the services. In that event, the Consulting Engineer may at its option either complete the services as appropriate, or the Consulting Engineer may instead pay for the reasonable costs of completion or rectification of the services.

5.3.    The Consulting Engineer shall not be liable to the Client, or to any related party or associate of the Client, for any of the following in the Consulting Engineer’s execution of services:

5.3.1.   any act, omission or default by the Client, and/or by any party engaged by the Client or acting on behalf of the Client.

5.3.2.   any change, addition or alterations to the services made by another party (including the Client and/or any related party or associate of the Client) without the written approval of the Consulting Engineer.

5.3.3.   the accuracy of cost estimates, or the interpretation of information or analysis supplied by another consultant.

5.3.4.   loss of interest, earning, or profit by the Client or any associate or related party of the Client or any other indirect or consequential damage, even if same is the result of negligence on the part of the Consulting Engineer. The Client expressly indemnifies and exempts the Consulting Engineer, its Directors, and staff from any such claim or demand.

6.    Termination

6.1.    The Consulting Engineer may cease performing the services immediately by notice in writing to the Client if:

6.1.1.   the Client does not pay the Consulting Engineer’s invoices by their due date.

6.1.2.   the Client does anything or fails to do anything which in the Consulting Engineer’s reasonable opinion materially inhibits the Consulting Engineer’s ability to perform the services.

6.2.    The Client may terminate the agreement by notice in writing to the Consulting Engineer if we are in breach of these terms and the Consulting Engineer fails to rectify the breach within fourteen (14) days of being notified.

6.3.    The Client must pay the Consulting Engineer within seven (7) days of the termination of the agreement all Fees owing in connection with the services rendered by the Consulting Engineer up to and including the date of termination, including any fees for services partly rendered.

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