PROJECT QUOTE TERMS & CONDITIONS
2.0 Consultant Engagement: General Terms & Conditions
1. The Quote is valid for 30 days from date of issue
2. Unless otherwise stated, all fees exclude GST.
3. Office disbursements include: printing & copying; photo quality paper printing; tolls & postage; travel & accommodation; council consent charges; certificate of title/s, drainage plans; truss designs, structural producer statements etc... Other disbursements as and when they arise.
4. Contract Administration is intended to include but not limited to: oversee progress and ensure construction schedule is maintained; attend site meetings; dealing with any issues/problems on site; issue variation orders; check contractors' monthly progress claim and issue payment schedule; prepare maintenance report; issue practical completion certificate.
2.1 Consultant Engagement: Conditions
5. THE CLIENT engages SOLID CONCEPT LTD. to provide the services described above & SOLID CONCEPT LTD. agrees to perform the services for the remuneration provided above. Both parties agreed to be bound by the provisions of the Agreement including the Conditions of Engagement.
6. Once signed, this agreement, including the Conditions of Engagement, will replace all previously agreements reached between the parties.
7. SOLID CONCEPT LTD. reserves the right to amend this Contract Agreement should the scope or nature of the PROJECT/s change.
8. SOLID CONCEPT LTD. shall perform the services relating to the PROJECT as described in the attached documents.
9. The commencement date and the completion dates for the PROJECT/ s will be those dates specified and agreed prior to undertaking the PROJECT. These dates are subject to alteration, however, depending on factors outside SOLID CONCEPT LTD and THE CLIENTs control. Both parties will give reasonable notice of variation to dates.
10. SOLID CONCEPT LTD. will immediately notify THE CLIENT of any delays that may adversely affect the ability of SOLID CONCEPT LTD. to complete the PROJECT.
11. In providing such services, SOLID CONCEPT LTD. shall exercise the degree of skill, care and diligence normally exercised by consultants in similar circumstances.
12. In providing the services, SOLID CONCEPT LTD. is understood to be relying on the information provided by THE CLIENT as true and correct. THE CLIENT shall indemnify SOLID CONCEPT LTD. against errors generated by conflicting information contained within the original documents provided by THE CLIENT.
13. It is a condition of this agreement that any claim by THE CLIENT against SOLID CONCEPT LTD for any loss or damage arising out of the provision of such services shall be made prior to the expiration of three years from the date on which the provision of the services of the consultant shall have been completed. Time shall be deemed of the essence.
14. THE CLIENT shall keep and hold SOLID CONCEPT LTD. indemnified against all claims by a third party or third parties which arise out of or in connection with the provision of such Services pursuant to this Agreement, whether such claim(s) be made before or after the expiry of the period referred to in Clause 14.
15. THE CLIENT shall effect and keep in force insurance policies. These policies shall be primary and pay in priority to any policies held by SOLID CONCEPT LTD. THE CLIENT shall pay the premiums as and when required. THE CLIENT acknowledges that any excess or deductible amounts that apply to any policy are THE CLIENT's responsibility.
16. THE CLIENT shall provide SOLID CONCEPT LTD., free of cost, as soon as practicable following any request for information, all information in his or her power to obtain which may pertain to the services.
17. THE CLIENT shall pay SOLID CONCEPT LTD. for the services the amount of fees and expenses at all times and in the manner set out in this agreement. If THE CLIENT is in default, SOLID CONCEPT LTD. may suspend all or part of the provision of services or terminate the agreement by written notice to THE CLIENT.
18. Amounts due to SOLID CONCEPT LTD. shall be paid in full by the 20th day of the following month following the date of issue of any account. THE CLIENT undertakes to pay the account in full on or before the due date. In default of payment, THE CLIENT undertakes to pay late payment fee(s)of 2.5% per month on any amount outstanding and to pay SOLID CONCEPT LTD. and pay all costs and expenses incurred by SOLID CONCEPT LTD., on a solicitor and client basis if legal action is taken by SOLID CONCEPT LTD.. THE CLIENT will also pay any Debt Collection Company fees, which may be incurred by SOLID CONCEPT LTD in recovering any overdue amount from the client.
19. For all reimbursable costs, and where the Services are carried out on a time-charge basis, SOLID CONCEPT LTD. shall maintain up-to-date records which clearly identify relevant time and expenses incurred in providing the Services to THE CLIENT.
20. Once agreed, the price of any variation shall be added to the contract sum. No variation shall vitiate the Agreement.
21. THECLIENT may suspend all or part of the Services or terminate the Agreement by Notice to SOLID CONCEPT LTD. who shall immediately make arrangements to stop the Services and minimize further expenditure. Suspension or termination shall not prejudice or affect the accrued rights or claims and liabilities of the parties.
22. THECLIENT may order variations to the Services in writing or may request SOLID CONCEPT LTD. to submit proposals for variations to the services.
23. THE CLIENT shall retain copyright of all documents SOLID CONCEPT LTD. has prepared. THE CLIENT shall be entitled to use them or copy them only for the purpose of which they are intended. The ownership of data and factual information collected by SOLID CONCEPT LTD. and paid for by THE CLIENT, lies with THE CLIENT. THE CLIENT shall have no right to use any of these documents where any or all of the fees and expenses payable to SOLID CONCEPT LTD. have not been paid in accordance with this Agreement.
24. Disputes shall first be referred to conciliation for settlement. Unresolved disputes shall be referred to arbitration in accordance with the Arbitration Act 1908.
25. External Designers, Engineers, Quantity Surveyors and Surveyors fees and disbursements (Prints, Tolls, etc.) are not included in SOLID CONCEPT LTD. fees and will be an additional charge which will be charged separately by and be payable to the Engineer.
26. These conditions of engagement have been prepared to provide the basis for a documented agreement between THE CLIENT and SOLID CONCEPT LTD. for consulting services.
27. The conditions are a guide and may be varied by agreement to meet the requirements of any particular situation.
28. It is important that THE CLIENT and SOLID CONCEPT LTD. discuss and agree both the scope and nature of the project and the remuneration.
29. After agreement has been reached, this should be documented, referenced on the Agreement and appended to, and become part of, the Agreement. In particular, the documentation should record.
a. The scope and nature of the project.
b. The scope the nature of SOLID CONCEPT LTD. services are required to be provided under the Agreement.
c. The time to carry out these services.
d. The fee and the timing of payments.
e. The information, if any, or other services are supplied by THE CLIENT.
30. Should the Client require any special reporting or payment procedures to be followed (payments to be dealt with by the account etc.) then these should be fully discussed and recorded and such records included in the attached documentation.
2.3 Acceptance and Guarantee
31. THE CLIENT Director(s) by signing this Agreement warrant he/she/they understand(s) that they are agreeing to accept the conditions of the engagement and to provide a guarantee and that he/she/they understand the implications of signing this agreement.