Terms and Conditions
Conditions of Engagement
These conditions of engagement apply to services carried out by the Company and should be read in conjunction with the Proposal. Unless agreed in writing, these conditions shall apply to the exclusion of any inconsistent provision which may appear on any order form or another document issued by the Client. They shall apply to any variations which may be agreed or ordered in the scope of the work and to any supplementary work on the project which may be the subject of verbal agreement.
In these conditions of engagement:
“Company” means Work Science Pty Ltd (ABN 49 118 332 880).
“Client” means the person to whom the company is contracted to provide services and who is ultimately responsible for payment. The Client may be represented by an Agent (e.g Project Manager, Architect, Lawyer, Accountant, etc.) who acts with his authority and arranges for or directs the services on behalf.
“Proposal” mans the Company’s written offer to provide consulting services which accompanies these conditions.
“Service(s)” means the service(s) provided by the Company to the Client, as detailed in the Proposal.
2. Role of the Company.
The company will exercise reasonable skill, care and diligence in providing the Services in accordance with standards ordinarily exercised by members of the profession in the same locality under similar conditions.
3. Role of the Client.
The Client (or Agent) must provide to the Company (where relevant):
• Written acceptance of the Proposal.
• Approvals for access, name of site contacts and keys.
• Previous reports, assessments, technical information and documentation relevant to the scope of works.
• Survey plans and data regarding underground services.
• Other information relevant to the brief.
The company assumes no responsibility for any consequences arising from any information or condition that was concealed, withheld, misrepresented, or otherwise not fully disclosed or available to the Company.
4. Role of Agent.
If the Proposal is accepted by an Agent, the Agent warrants to the Company that he has the Client’s authority to do so and accepts that he is personally liable for the Client’s obligations under the engagement. If the person who accepts the Proposal does not indicate in writing he is an Agent at the time of acceptance, he is the Client and liable accordingly.
The Proposal indicates whether the Company will provide the Services for a lump sum or a fee calculated by a schedule of rates. If a schedule of rates or multiple project stages are proposed, then the Company may in the Proposal give an estimate of the total cost. The estimate of total cost and the lump sum are based on the Company’s understanding of the required scope of work. The Company will endeavour to provide the Services within the estimate or sum provided.
If undisclosed or unexpected conditions are encountered then additional work not allowed for may be required. Under these circumstances the Company will endeavour to advise the Client and seek its approval before undertaking work which exceeds the estimate or sum.
If any activity is required which is outside the scope of the Proposal, the Company will charge for such additional work at the current standard hourly rates for personnel and equipment. Hire of outside services, if necessary, will be charged at cost plus 10% for procurement.
Unless otherwise stated Goods and Services Tax has not been included in either the rates or lump sum in our proposal and will be charged to the Client, when applicable. The schedule of rates in the Proposal is current for a period of three months from the date of the Proposal and may thereafter be varied in accordance with changes in the market for the Services, CPI, award and statutory changes.
6. Terms of Payment.
At the Company’s election, invoices will be rendered monthly or on completion of the work and are due for payment in full within 30 days.
If the Client disputes any part of the invoice, then a written schedule of the items disputed must be given to the Company within 10 business days of receipt of the invoice.
7. Limitation of Liability.
The Company’s liability for a breach of Section 74(1) of the Trade Practices Act (or any equivalent legislation) is limited.