5 STICKS CONSULTING PTY LTD – STANDARD TERMS AND CONDITIONS OF CONTRACT
Unless otherwise agreed in writing, all services are provided upon the following terms and conditions to the exclusion of any terms and conditions of the client and no agent or representative of 5 Sticks Consulting has any authority to vary or omit part of or all these conditions. Acceptance of services shall constitute acceptance of these terms and conditions.
Our quotation is valid for 30 days.
The scope of work is as defined in the quotation. Any additional or modified involvement by 5 Sticks Consulting which is requested by the Client will be charged at the appropriate fee for service rates, plus any expenses incurred.
Our quotation is subject to escalation from the date of quotation based on 5 Sticks Consulting fee-for-service rates which are amended from time to time. Any alteration to these rates during the course of any contract which ensues from this quotation will be applied on a ratio basis (new rates/old rates) to all components of this quotation (including materials) and passed on to the client.
- Hours of Work
Our quotation is based on 5 Sticks Consulting normal hours of work (0800-1700 Monday to Friday). Unless otherwise stated in our quotation, services provided outside normal hours or on Public Holidays will incur penalty rate loadings.
Should our quotation be accepted, the Client shall give 5 Sticks Consulting formal written acceptance at least 14 days prior to the required commencement date for provision of service.
- Clients Order
5 Sticks Consulting requires an Order Number or signed quotation to be issued by the Client prior to commencement of work.
- Client Contact
The Client shall nominate the Client’s official contact officer prior to 5 Sticks Consulting’s commencement of work under this quotation.
- Conditions Binding
The conditions of our quotation as stated herein prevail in the event of conflict with any terms of the Client’s acceptance unless the same be accepted by the Director of 5 Sticks Consulting in writing.
- Site Access
5 Sticks Consulting shall not be liable for any on-site service delays caused by industrial action, plant availability, operational requirements or inclement weather. The Client shall be responsible for costs incurred by 5 Sticks Consulting caused by such on-site delays and/or the rescheduling of work which is the subject of this quotation. It is also the Client’s responsibility to provide safe access for 5 Sticks Consulting personnel and the necessary services to undertake the work which is the subject of this quotation.
- Intellectual Property
Nothing contained in our quotation shall be construed to give the Client any ownership or possession of or right to industrial and intellectual property associated with or resulting from 5 Sticks Consulting activities on this job. 5 Sticks Consulting reserves absolutely its right to such industrial and intellectual property and any associated patents, copyright, etc.
Payment terms are 30 days from date of invoice, issued at the completion of site survey / visit unless other terms are agreed to in writing.
1) The Customer agrees to pay all amounts due in clear funds within the agreed timeframe but no later than 30 days from the date of invoice.
2) The Customer agrees that if it fails to pay in accordance with this clause, 5 Sticks Consulting may:
I. Charge a late payment fee of $50.00 on all amounts paid after the due date;
II. Charge interest on debts at 15% per annum from time to time;
III. Charge a dishonour handling fee in the amount of $25.00;
IV. Recover all collection and legal costs and expenses incurred in collecting overdue accounts on an indemnity basis;
V. Withhold supply of any report(s) arising from site survey;
VI. Sue for the money owing on the Goods or services provided.
3) Failure to comply with clause 1 (above) will constitute a breach of contract and the Company may treat the whole Agreement as repudiated and act accordingly.
4) In the event this agreement has been entered into by more than one party each party shall be jointly and severely liable for any amount due.
On significant projects, progress invoices will be submitted to the Client by 5 Sticks Consulting on a monthly basis and at completion of the project or other milestone agreed to in writing.
The Customer will be in default if the Customer does not pay any monies payable when called upon so to do the Customer and the Guarantor(s) jointly and severally acknowledge and agree that 5 Sticks Consulting is authorised to contact a credit reporting agency throughout the term of the Agreement to obtain a report about the creditworthiness of either the Customer or the Guarantor(s) or both.
I. The Customer and the Guarantor(s) jointly and severally authorise 5 Sticks Consulting to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.
II. 5 Sticks Consulting reserves the right to report a Customer’s delinquent account to a credit reporting agency should payment remain outstanding for more than 60 days. In addition, 5 Sticks Consulting may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Customer acknowledges and agrees to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day 5 Sticks Consulting refers the matter to their nominated debt collection agency. The Customer shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own Customer or indemnity cost basis.
Any contract which ensues from our quotation may be terminated by either party giving seven days written notice of termination to the other party. All costs incurred by 5 Sticks Consulting as a result of termination by either party shall be paid by the Client.
- Release of Results or Information
5 Sticks Consulting will hold the results of all work conducted for the Client in confidence and will issue the results to the Client only through the nominated contact officer. The Client agrees not to release any publicity or advertising copy mentioning 5 Sticks Consulting or its employees unless such copy has been approved by the Director of 5 Sticks Consulting in writing prior to its release. This requirement as to the release of publicity or advertising copy shall not apply to the submission of test reports or certificates by the Client to statutory or regulatory authorities, provided that a laboratory certificate, statement or report may not be published except in full, unless permission for publication of an approved abstract has been obtained, in writing, from the Director of 5 Sticks Consulting.
- Applicable Law
Any contract which ensues from our quotation shall be governed and construed with reference to the law for the time being in force in the State of Queensland, and both parties shall submit to the jurisdiction of the courts held at Brisbane.
5 Sticks Consulting warrants that services will be performed within the limits specified by the Client to the normal standards of the research and testing profession. No other warranty either expressed or implied is included in this proposal or any resultant contract or reports.
Notwithstanding any consent to disclosure pursuant to clause 14, the Client shall indemnify 5 Sticks Consulting and its principals, employees, servants, consultants, successors in title and assigns against any claim made against any or all of them by third parties arising out of the disclosure of the results of work conducted by 5 Sticks Consulting for the Client.
- Limit of Liability
1) 5 Sticks Consulting shall not be under any liability to the Client in respect of any loss or damage (including consequential loss or damage) whether in tort or in contract, which may be suffered or incurred or may arise directly or indirectly in respect of the provision of the work the subject of the quotation.
2) Where any Act of Parliament implies any term, condition or warranty that the Act avoids or prohibits provision in a contract excluding or modifying the application of, or exercise any breach of such term, condition or warranty shall be limited, at the option of 5 Sticks Consulting, to one or more of the following:
I. The supplying of the work subject of the quotation again;
II. The payment of the cost of having work the subject of the quotation supplied again.
3) These provisions apply in favour of 5 Sticks Consulting, its principals, employees, servants, agents and consultants.
The client is responsible for and shall bear the risk of any loss or damage to 5 Sticks Consulting equipment caused during the period of use at the client’s premises while conducting work contracted by the client. The client hereby agrees to pay for the cost of any repairs as assessed by 5 Sticks Consulting within thirty days of notification of the repair costs, including but not limited to transportation costs. Should the equipment be lost or damaged beyond repair the client undertakes to pay for the new replacement cost of the equipment within thirty days of being notified of the loss or damage.
- Taxes, Duties and Charges
Unless otherwise specified our quotation is exclusive of taxes (including GST), duties and charges imposed or levied in Australia or overseas in connection with the supply of the services detailed in our quotation. Without limiting the foregoing, the client shall be liable for any new taxes, duties or charges imposed subsequent to the date of quotation in respect of the services detailed in our quotation.
- Limitations – Asbestos Audits
5 Sticks Consulting will make every effort to identify all asbestos-containing materials contained within the listed buildings and fixed plant, but no warrant, expressed or implied, is made to the completeness of this audit. During the course of a normal non-destructive asbestos audit it may not be possible to identify the presence of all asbestos-containing materials.