IMPORTANT NOTE: SERVICES PERFORMED BY HAZCON PTY LTD A.C.N. 068 411 941 ("HAZCON") ARE SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE REVIEW THEM CAREFULLY BEFORE ENGAGING US. IF YOU DIRECT US, EITHER VERBALLY OR IN WRITING, TO UNDERTAKE SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS.
These conditions of engagement, which together with any proposal by HAZCON to perform services (referred to here as "Agreement") apply to all services carried out by HAZCON for our clients (referred to as "you"). Unless agreed to in writing, these terms shall apply to the exclusion of any inconsistent term, which may appear on any order form or other document issued by you. They shall apply to any variations that may be agreed or ordered in the scope of the services and to any supplementary services that may be the subject of any written or verbal agreement.
HAZCON's proposals will specify the services for a lump sum or a fee calculated by a schedule of rates. When schedule of rates or multiple project stages are proposed, HAZCON may give an estimate of the total cost.
The estimate of total cost and the lump sum are based on HAZCON's understanding of the required scope of services. HAZCON will endeavour to provide the services within the estimate or sum provided. If undisclosed or unexpected conditions are encountered, or the scope or services changes, then additional services may be required at an additional fee. Under these circumstances, HAZCON will endeavour to advise you and seek your approval before undertaking work which exceeds the estimate or sum or is outside the original scope of services.
If any services are required that is outside the scope, HAZCON will charge for such additional services 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 our proposal and will be charged when applicable. Any proposal issued by HAZCON is valid for a period of 14 days from the date it was issued, after which time HAZCON Pty Ltd reserves the right to withdraw, review and revise the proposal for the provision of services.
At HAZCON's discretion, invoices will be rendered monthly or on completion of the work and are due for payment in full, without set-off, within 14 days unless separate terms have been agreed in writing. If you dispute any part of an invoice then a written schedule of the items disputed must be given to HAZCON within ten (10) business days of receipt of the invoice.
In the event you are in default of your obligation to pay and the overdue account you will be responsible for all costs incurred by us (including legal costs on an indemnity basis) and will reimburse us for such costs on demand. Further, you agree that interest will be charged on the outstanding amount at the rate of 15% per annum.
Reports and documentation are provided for your exclusive use ,at the specific time, for a specific purpose and project; as outlined in the proposal. They should not be relied upon for other projects or purposes on the same site, or by a third party, without written agreement from HAZCON's Chief Executive Officer. This is because project details, such as statutory requirements and site conditions, may change with time affecting our recommendations and conclusions.
HAZCON retains any intellectual property in its services.
Written reports will be provided on completion of the work. This will provide a statement of procedures and field and laboratory results (excluding asbestos works where a Certificate of Analysis for samples or a Clearance Certificate will be issued for visual clearances). Interpretations and analysis of results, and applicable comments, will be provided in accordance with our proposal. The reports will be based on normally accepted theory and practice and on the limits of information available to HAZCON. HAZCON will not be responsible for the adequacy of its recommendations when they are used in the field without HAZCON being retained to observe their implementation.
One copy of the report will normally be provided and supplementary copies can be made available if required for a fee. HAZCON can confirm the applicable fee on your request.
In Australia, statutory consumer protection laws, including the Competition and Consumer Act 2000 (Cth), give you rights which cannot be excluded. This section "Liability" is subject to the rights you have under that law and apply notwithstanding any other term of this Agreement.
Whilst HAZCON will use its best endeavours to ensure the accuracy of its services, HAZCON provides no warranty and makes no representation in respect of the accuracy or completeness of the services provided; or the suitability of their use for your specified purpose or any other purpose.
You acknowledge that you use HAZCON'S services at your own risk and act on the basis of any service provided by HAZCON at your own risk and HAZCON accepts no liability in respect of any loss or damage (including consequential loss or damage) which you may suffer or incur or which may arise directly or indirectly in respect of the services supplied or in respect of a failure or omission on HAZCON's part to comply with its obligations under this Agreement.
You will at all times indemnify and hold harmless HAZCON and its officers, employees, suppliers and agents (referred to as "those indemnified") from and against any loss or liability incurred or suffered by any of those indemnified, arising from this Agreement or the services provided. Should, for any reason, notwithstanding this Agreement, those indemnified be liable to you under this Agreement, or for the services, then you agree that such liability will be limited to either the supply of the services again or the payment of the cost of having the services supplied again.
In the event that you wish to cancel/postpone a previously booked course; a 25% cancellation/postponing fee will apply to the cost of the proposed course or a fee of $600 may be applicable, whichever is the lesser amount. This cancellation/postponing fee will only apply in the event that you don't contact us within 5 working days of the confirmed date for the course to be undertaken.
Public Training Session
In the event you wish to cancel/postpone when previously booked onto one of HAZCON's public training sessions; five days' notice is required to avoid any cancelation fees. Failure to give this required notice will incur a 50% fee of the course charge.
If HAZCON cancels a training course, HAZCON will refund you the fee amount in full.
You must notify HAZCON of any matter that may affect the services immediately once you become aware of it; and cooperate with HAZCON and not interfere with or obstruct the proper performance of the services.
HAZCON may assign, transfer or otherwise deal with its rights and obligations under this agreement by giving you written notice. You may do so with the written consent of HAZCON.
If because of any fact, circumstance, matter or thing beyond the control of HAZCON, it is unable to perform in whole or in part any of its obligations, HAZCON shall be released of that obligation and shall not be liable to you whatsoever.
Changes to the Terms
Any indulgence or allowance or relaxation of these terms shall not constitute a waiver of the rights of HAZCON under this Agreement.
This Agreement is subject to change by HAZCON upon giving you 30 days written notice.
HAZCON may terminate the Agreement immediately if you have breached any term in any way. HAZCON will not be held liable for loss or damage arising from exercising its rights. Any indemnities given by you and limitations on our liability will survive such termination.
|Posted in: Richard Forster|
|Posted in: Ian Good|