MASTERS SURVEYINGTerms & Conditions
MASTERS SURVEYING PTY LTD ACN 605 342 176 (The Consultant) provides professional surveying services (“the services”) to its clients under commercial arrangements in accordance with the following Standard Terms and Conditions and the conditions contained in the Submission Particulars.
1. AMENDMENT AND WAIVER
1.1. No amendment, waiver or variation to our Standard Terms and Conditions is valid and binding on us unless made in writing by a duly authorised representative of The Consultant.
1.2. No waiver or breach of any provision of our Standard Terms and Conditions will constitute a waiver of any other breach or of any other provision.
2. SPECIAL CONDITIONS AND ORDER OF PRECEDENT
2.1. When constructing the agreement the following order of priority will apply and should be interpreted with respect to any conflict between the terms of the documents that make up the agreement;
i. The Submission Particulars including any Special Project Conditions contained in the Submission Particulars.
ii. Our Standard Terms and Conditions.
iii. Any Purchase Order provided by the Client.
iv. Any other document procured consistent with Clause 1.1 of our Standard Terms and Conditions.
3.1. This agreement shall be governed by and construed in accordance with the laws from time to time being in force in Queensland or New South Wales determined by the state in which the site subject to the survey services is located. If the site is not in Queensland or New South Wales, the laws of Queensland shall apply. The parties submit to the exclusive jurisdiction of the Courts of the above determined jurisdiction and any Court that may hear appeals from these Courts.
4. SCOPE OF WORKS
4.1. The Client will provide to us all necessary information and specifications relating to requirements of the Client’s project (Scope of Works).
The nature and extent of the services which we provide to the Client will be determined on the basis of this Scope of Works, which will be fully documented and agreed to by us and the Client prior to the provision of the services.
5. AUTHORITY TO SIGN WORK ORDER
5.1. Where a person engages us by way of this submission on behalf of a person, company or association the person so signing confirms that their liability for this account is not waived and agrees to be held personally responsible in the event that the indicated person, company or association fails to pay for any part of the full amount of the account.
6. VARIATION TO COSTS
6.1. In the event that the Provision of Services/Scope of Works is amended, we will be entitled to review the value of the fees previously agreed and the Client will agree to pay any and all additional costs associated with such amendments as is agreed in writing, between the us and the Client.
6.2. We will only accept variation work from the Client’s duly authorised representative. Any alteration to the instruction must be notified to us in writing and such alterations shall not be deemed accepted by us unless we indicate acceptance in writing.
6.3. Where not instructed by the Client in writing, our Client Day Sheet will effect the authorisation that variation works have been carried out as described. This Client Day Sheet may be provided in either written or electronic form and if not provided at the time of carrying out the work may be provided with our invoice. Variation charges apply for meetings and/or briefings, calculations, plan checking, issue of RFIs, field survey work, quality assurance checks and processes, plans and/or sketches, delivery of survey data and filing. The minimum site visit fee will also apply for variations.
7. SITE SPECIFIC INDUCTIONS AND TRAINING
7.1. In the case of a Fixed Price Quotation, there has been no allowance made for any Site or Project specific inductions or training:-
i. All costs associated with Site or Project specific inductions and training will be met by the Client (whether provided by the Client or external trainers).
ii. Time spent on such activities by our staff will be invoiced on a time basis and in accordance with the Schedule of Rates.
8. PROJECT SITE
8.1. The project site must be prepared by the Client prior to any survey works commencing. Access arrangements to the site are to be the responsibility of the Client. Any and all delay or rescheduling costs incurred will incur additional charges under the terms and rates herein. The Client must ensure that the site is a safe working environment and/or that any potential dangers are communicated to us before entry to the site.
8.2. Specifically, the Client must ensure that the working area is clear, dry, clean and free of materials, plant and equipment, and above all a safe working environment. We will not provide task lighting, scaffold, stairs or the like on this project.
8.3. The price quoted assumes that access to the site will be unrestricted. Any delays or rescheduling costs incurred will be an additional charge under the terms and rates herein.
9. PROJECT TEAM
9.1. We will provide a Project Team capable of providing the services specified in the Scope of Works. Members of the Project Team may vary from time to time subject to availability, requirements of our other projects, leave requirements, specific skill-sets applicable to various stages of the project and other factors which may arise.
10. OPERATING HOURS
10.1. Standard operating hours are between 06:00 and 18:00 Monday to Friday. Where a variation of works is required the following will apply:
i. A minimum four (4) hours at the site visit rate per call out will be applicable.
ii. Services provided outside standard operating hours may incur an increased minimum site visit rate and
A 50% loading for:
Saturdays, Sundays, Public Holidays and Night Works
10.2. Unless otherwise agreed between us and the Client, we will endeavour to complete all services during standard operating hours. Where a situation arises that necessitates services to be provided outside the standard operating hours, reasonable attempts will be made by us to obtain prior approval from the Client.
10.3. No liability will be accepted for loss or damage caused by delay in completion of services due to wet weather / flooding or other circumstances beyond our control.
11.1. All fees and charges, including but not limited to the provision of equipment, labour and ancillary services for the project will be based upon the quoted hourly rate(s) and/or fixed rates as agreed in writing between us and the Client.
12. ESTIMATE OF COSTS/QUOTATIONS
12.1. The Client acknowledges that the amount shown as an estimate on the front of this document is an estimate only and that such an estimate shall not bind us. The final fee shall be calculated in accordance with our normal costing procedures and may exceed the estimate due to, but not limited to, such matters as lack of existing suitable survey marks, unexpected physical constraints encountered, or additional work required by conditions of Government, Semi-Government Departments or Local Authorities. An estimate only has been included for outlays and disbursements. The normal costing procedure estimates the time required to complete the survey at an hourly rate with materials, plans, searches, accommodation and meals at cost.
12.2. The Client acknowledges that submission of a quote by us is specific to the Client and tender-explicit requirements at the time of receiving the tender documents, request or instructions. Specific requests or instructions, not already received in either a hardcopy or electronic format, are noted at the time of the request on the Job Instruction, Job Evaluation, Work Order/Job Estimate Forms or Client Day Sheet and such specific requests or instructions are forwarded to the client for their records.
13.1. The Client will reimburse us for expenses reasonably and properly directly incurred in the provision of services provided for and to the project. Such disbursements will include but may not be limited to consumables, travel and accommodation, freight, title and survey searching fees, data licence fees, stakes, flagging tape, paint etc.
13.2. Where disbursements are provided by the Company these will be on-charged at cost-plus 10%.
14.1. In accordance with current taxation laws Goods and Services Tax (GST) applies to our fees. The amount of GST applicable to the fees will be identified separately in any fee proposal and tax invoices.
15. PAYMENT TERMS
15.1. Upon receipt by us of the Submission Particulars signed by the Client, or any other acceptance of this submission, the Client agrees for us to proceed with the Scope of Works as set out in the Submission Particulars and to be liable for our fees, regardless of whether the Client has complied with any requirement to pay our fees upfront.
15.2. The Client will pay all fees including GST in accordance with the timeframe specified in the Submission Particulars.
15.3. Invoices will be submitted by us fortnightly or at our discretion.
15.4. We may require payment in advance of all or some of the estimated costs as specified in the Submission Particulars.
15.5. Where we are required to make payments to a third party or parties, for statutory fees or any other professional service or products on the behalf of the Client, we may require an advance of funds to cover those outgoings.
15.6. Where a Client chooses to utilise PayWay an additional 1.5% credit card processing fee will be applicable.
15.7. Invoices and progress claims may be subject to the Building and Construction Industry Payments Act (Qld) 2004 and is at our sole discretion. The Reference Date of any progress claim will be the date of the invoice issued or submitted by us.
15.8. We shall be entitled to charge interest on all fees due and not paid within 14 days of rendering the invoice. Interest may be charged on the outstanding fees, the percentage rate being the current Westpac 30 Day Bank Bill Rate plus five percent. Payment of the interest charges will not relieve the client of the obligation to pay the outstanding fees.
16. SCHEDULE OF RATES REVIEW
16.1. We will review the Schedule of Rates (GST exclusive) every six (6) months in March and September of each year; and may take into consideration any applicable industry indices, current or anticipated market forces and the variation in the consumer price index (CPI).
16.2. Increases may be applied to the Schedule of Rates (GST exclusive) and as a minimum we will be entitled to an increase of 5% or the difference in the consumer price index since the previous review whichever is the greater. A new Schedule of Rates will be forwarded to the Client 14 days prior to their application.
16.3. Fixed Price Contracts
i. We will have the opportunity to review our pricing on each occasion that the expected project completion date is delayed by a period of six (6) months. At which time we will be entitled to increase our contract price in accordance with the industry, market and CPI factors referred to above.
17.1. The following are not applicable to the provision of Survey Services:
i. Liquidated and/or general damages
ii. Defects liability
iii. Retention of monies
iv. Provision of securities or bank guarantees
17.2. No allowance has been made to provide cadastral surveying services including but not limited to, an identification survey or boundary reinstatement survey unless specifically stated in the Submission Particulars.
18. COPYRIGHT RETAINED
18.1. We will retain copyright in all proposals, tenders, documents, drawings, calculations, designs, plans and data (the Data) prepared in relation to the project and in any works executed by them. We also reserve all present and future moral rights of any and all intellectual property in the Data and in any works executed or to be executed from them.
18.2. The Data must not be given, reproduced or disseminated to any person, public authority, institution or organisation without the expressed written permission of a duly authorised representative of The Consultant.
19. INTELLECTUAL PROPERTY
19.1. This proposal, prepared specifically for the Client, remains our intellectual property.
19.2. This proposal is protected by copyright and it is presented in circumstances of complete confidentiality and remains our exclusive property and must not be given, reproduced or disseminated to any person, public authority, institution or organisation without our express written permission of a duly authorised representative.
20. LICENCE TO USE THE DATA
20.1. We will grant the Client a license to use the Data in connection with the project conditional upon the following:-
i. The licence applies only to the project or that part of the project to which the Data relates;
ii. We have completed the particular stage or stages of the project for which we have been commissioned;
iii. All fees properly due to us have been paid.
21. EMPLOYMENT OF OUR PERSONNEL
21.1. Approaches or discussion of offers of employment made to our personnel regarding employment opportunities with the Client or related entity during the provision of services by us to the Client, or within 12 months of cessation of those services, would place those individuals in breach of their Employment Contracts. Consequently and irrespective of which party initiates discussions in this regard, the process for determining an equitable outcome for all parties will be as follows:-
i. Should the Client wish to discuss or make an Employment Offer to an employee of The Consultant, direct contact in the first instance should be made with his/her Project Manager.
ii. Our Project Manager will act as the point of liaison between the Client and our respective employee in relation to the offer, as well as in relation to the logistics of the transfer of employment should the offer be accepted.
iii. The Client will acknowledge that we develop and train our employees to a high standard in order to provide the highest level of service to its clients. Accordingly, should any offer of employment by the Client to any of our employees be introduced to the Client through the provision of services under this submission, then the Client will compensate us to the value of 50% of the total remuneration package offered and accepted by the employee if that offer is accepted during the contract period or at any time within 12 months of the end of the contract period.
22.1. We use satellite and GPS networks that are industry standard and the Client acknowledges that we have no direct control over the availability of these networks. In the event that these networks are unavailable for use the Client indemnifies us from any action for damages caused by this lack of availability of these networks.
23. CONTRACT EXTENSION
23.1. Notwithstanding either party’s obligations, prior to the end of the contract period covered by this agreement, the Client will provide 30 days written notice to us of any continuing requirements for the provision of surveying services to the Client’s operations/project beyond the contract period covered by this agreement.
24. DISPUTE RESOLUTION
24.1. In the event of a dispute between the parties, either party may serve a notice on the other detailing matters of dispute and requiring that senior representatives of each party meet and attempt to settle the dispute within five (5) working days. If the dispute is not settled by the senior representatives within 10 working days of the service of the notice, the parties will agree to refer the dispute to mediation by a single mediator. Either party may initiate mediation, the costs of which will be shared equally by the parties.
24.2. If the parties cannot agree upon the identity of the mediator, the dispute will be referred for mediation to a mediator nominated by the Chair at the time of the Surveyors Board of Queensland (Qld).
25.1. The Client may terminate its obligations under any Agreement entered into with us:
i. In the event of a breach by us of our obligations under that Agreement, if that breach is not remedied within 14 days of written notice from the Client requiring the breach to be remedied;
ii. Upon giving us 60 days written notice of its intention to do so.
25.2. We may terminate with no prior notice its obligations under any Agreement entered into with the Client;
i. In the event of monies payable to us pursuant to these terms and conditions being overdue for more than 14 days;
ii. In the event of any other breach by the Client of its obligations under that Agreement, if that breach is not remedied within 14 days of written notice from us requiring the breach to be remedied;
iii. In the event that the Client requires us to act unlawfully or unethically, or fails to provide an adequate Scope of Works and associated instructions, and
25.3. We may terminate its obligations under any agreement with the Client upon giving the Client 60 days written notice of its intention to do so.