Terms and Conditions

Terms & Conditions for the provision of e-struct Civil & Structural Services (eff: 1/1/2011)

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.” E-struct civil & structural is a trading name of E-struct P/L (ACN: 97 097 361 898). Signing of this quotation is considered an unreserved acceptance of this quotation. All engineering services provided have a Professional liability limitation of one (1) million dollars maximum. 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 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. Project will not proceed until signed quotation is received by E-struct P/L. 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 engineering design documentation and/or reports, including all the engineering drawings and computations, 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 four (4) years from date of issue. This documentation is not transferable to any other site or project. Certificate of Compliance—Design under the Victorian Building Act 1993 (Regulations 2006) and or Council Drainage Approval will be provided upon payment of account in full (unless by prior consent in writing by e-struct P/L).

4. 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.

5. Any structural and civil design/report documentation (including drainage design) that has been issued for the purposes of construction and obtaining a building permit will not be valid unless accompanied by a Certificate of Compliance - Design signed by a Registered Building Practitioner, Category EC as deemed under the Victorian Building Act 1993 (Regulations 2006). Independent Certifications are not part of quotation fee and will need to be quoted independently by the Consultant providing this service.

6. It is the responsibility of the Owner to contact Council/Melbourne Water as to the progress of Town Planning required Drainage Approval. E-Struct P/L will accept no responsibility for approval process or timeframes involved.

7. 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 engineering design and drawing specifications and/or geotechnical investigations. 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.

8. Engineering documentation and/or reports, including all engineering drawings and computations, used for construction and to obtain a Building Permit (as denoted within the Victorian Building Act 1993, Regulations 2006) will be considered an acceptance by the Client of the engineering specifications, including or drawings and/or reports.

9. 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 design 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 the design.

10. The provision of services by e-struct is specific to only providing documentation in relation to engineering specifications. This does not include specification of building components such as electrical, sewerage plumbing, windows and doors, external veneers and claddings, landscaping, pavements and structural items that can be selected form the BCA and Australian Standards. We also do not provide construction cost estimations or quantity surveying services. e-struct P/L will provide after issuing these documents any verbal or 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 engineering services. All documentation or inspections will be charged a quoted fee.

11. 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 (no verbal correspondence will be entered into.) E-struct P/L may refer the matter to a solicitor where as all correspondence should be forwarded to that person until further notice 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, e-struct P/L reserves right to terminate, without notice any contract either verbal or written for any further work yet to be provided. The Client cannot seek damages or reimbursement for costs incurred for delays to the project due to time or issues relating to this dispute. This includes legal action by either party to resolve the dispute.

12. Where e-struct P/L or its agents are required to enter a premises at any time for the purposes of engineering or for inspection purposes, 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.

13. All verbal requests for structural changes or amendments by the Architect/Building Designer/Builder/Owner/Contractor is to be followed up in writing detailing what is requested even if previously stated verbally. All written queries will take a minimum of 10 working days to provide requested information. This may take longer for larger amounts of changes and variations. All directions and changes will be in writing. No verbal directions and advice will be provided.

Terms and Conditions

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