ep terms

Terms & Conditions

Terms & Conditions for the provision of e-struct energy & sustainability Services (eff: 1/7/2011)

1. The registered proprietor/owner of the property on which the proposed project is to be constructed and/or the agent acting on the Owner’s behalf and has signed the quotation provided is denoted "the Client" but may also be referred to as “the Customer.” All Energy rating and engineering related planning services provided have a Professional liability limitation of one (1) million dollars maximum. E-struct energy & sustainability is a trading name of E-struct P/L. (ACN 097 361 898). If other services are provided by e-struct P/L (under other trading names not listed here) in conjunction with the services listed in this form, the combined professional liability for all services provided will be limited to one (1) million dollars only. Professional Liability does not extend to any other Consultants or Contractors involved with the specification, design or construction of specific works to be undertaken. E-struct Pty Ltd takes no responsibility outside of the specific services specified in this quotation.

2. All quotations provided are considered a legally binding contract and are valid for a maximum of 30 days from issue. The acceptance of the quotation either by returning the quotation signed or by other written means will be considered as a full and unreserved acceptance of these terms and conditions. Estimated time of completion may vary depending on services quoted and receipt of requested documentation. Client is to request project completion estimation at engagement of services.

3. All reports & services assessments remain the property of e-struct P/L until payment in full of the invoiced fee is received by e-struct P/L . All documentation will be valid for up to a period of two (2) years (subject to statutory changes) from date of issue. This documentation is not transferable to any other person, site or project. The payment of fees will be due as noted on quotation. (Unless otherwise agreed upon in writing.) If the invoice is not payed by the due date, then e-struct P/L reserves the right to take all or any action to recover all outstanding fees owed by the Client for the project costs together with legal costs incurred in doing so. This includes the referral of this account to a Solicitor for Debt Recovery nominated by e-struct P/L for the purposes of recovering moneys owed as well costs incurred by e-struct P/L and its Agents in doing so.

4. Where information is to be provided by the client or persons acting on the Clients behalf, no responsibility will be taken by e-struct P/L for incorrect, misleading or partly omitted information provided by the Client or persons acting on the Clients' behalf for the purposes of performing Building Sustainability assessment. This will include changes or variations to drawings that are not clearly marked or noted (e.g. clouding.) The verification of information provided to e-struct P/L will only be undertaken if directed by the Client, persons acting on the Clients' behalf or directed by the relevant Authority. Such requests must be sent to e-struct P/L in writing and may incur a fee.

5. Any reports &/or assessment used for construction and to obtain a Building Permit (as denoted within the Victorian Building Act 1993 (Regulations 2006)will be considered a full acceptance by the Client of documentation provided by e-struct P/L.

6. The Client will still be liable for the payment of the scheduled fee whether the Client intends to go ahead with the project or not. This includes all assessment and documentation costs incurred by e-struct P/L up until the date e-struct P/L receives from the Client notification in writing for e-struct P/L to cease further works.

7. The provision of services by e-struct is specific to only providing documentation in relation to reports &/or assessment. e-struct P/L will provide after issuing these documents any written advice or direction at e-struct P/L discretion. The scheduled fee does not cover any the provision of any services beyond the issue of the specified reports &/or assessment. All further documentation or inspections will be charged a quoted fee.

8. Where a dispute between the Client and e-struct P/L occurs. All services by e-struct P/L will cease and will not recommence until both parties agree in writing the dispute have been settled. All correspondence between the Client and the Owner will be in writing and verbal direction will not be entered into by e-struct P/L. Where the Client or there Agents (e.g. Builder, Contractors) make physical or verbal threats or intimidation or engage in violent behaviour towards E-Struct P/L staff or property, E-Struct P/L reserves the right to terminate the contract and cease all further involvement with that project. The Building Commission of Victoria will be notified of any incidents upon occurrence. Where e-struct P/L has outstanding fees owed to it by the Owner from previous work invoiced from energy rating assessment or other related works, e-struct P/L reserves right to terminate, without notice any contract either verbal or written for any further work yet to be provided.

9. Where e-struct P/L or its agents are required to enter a premises at any time for the purposes of inspection or assessment, the Client as part of the contract will provide full permission to do so except where statutory requirements (such as the Tenancy Act) may require other permissions to do so.