terms and conditions of engagement
evans science pty ltd.
The Client and Consultant agree to the following terms and conditions in relation to the engagement for the “Project”, “Contract” or “Consultation”.
1. The “Consultant” is Evans Science Pty Ltd. The “Client” is the person or corporate entity responsible for payment of the Consultant’s Fees rendered in respect of the Services. The “Project”, “Contract” or “Consultation” is the project or job referenced in the letter of acceptance. The “Agreement” comprises only the “Terms and Conditions of Engagement”, the Scope of Work (including any other document referenced there‐in) and the letter of acceptance. The “Scope of Work” is the document referred to as “Our Reference” in the Client Confirmation of Commission (including any other document referenced there‐in). The “Services” to be performed by the Consultant are those contained in the Scope of Work. The “Fee” is the fee referenced in the Scope of Work.
2. In consideration of the Consultant performing the Services, the Client agrees to pay the Fee to the Consultant. In consideration of the Client paying the Fee, the Consultant agrees to perform the Services as soon as practicable after receipt of: i) an official order from the Client or upon receipt of the completed and signed Client Confirmation of Commission; ii) provision of all required information outlined in the Scope of Work.
3. In providing the Services, the Consultant shall exercise the degree of skill, care and diligence normally exercised by Consultants in similar circumstances.
4. Where a fixed price is quoted, this will remain fixed for a period of 30 days. Where a price is quoted at hourly rates plus disbursement charge, the rate will be fixed for 30 days and may be reviewed and varied with notice on an annual basis.
5. The Consultant shall be entitled to render invoices at any time. Such invoices shall be paid by the Client within fourteen (7) days of the date shown on the invoice and any work will commence only after full payment has been received. Evans Science requires that our reports/advice or any other information provided by us to our client must not be relied upon and remain the property of Evans Science, until such time as our Tax Invoice for provision of such reports/advice or any other information provided to the client have been paid for in‐full.
6. The Client agrees to pay all costs (including legal and other debt collection costs on an indemnity basis) related to the recovery by the Consultant from the Client of any monies due by the Client to the Consultant under or in connection with this Agreement.
7. All fees are quoted excluding the Goods and Services Tax (GST). GST must be added at the appropriate rate at the time of invoicing. Accepted forms of payment are bank transfer, bank cheque or cash.
8. The Client shall supply free of charge to the Consultant’s office all information and all other documents necessary for completion of the Services.
9. Copyright in all reports, specifications, calculations and other documents prepared by the Consultant in connection with the Project shall remain the property of the Consultant. The Client shall have a licence to use the documents for the purpose of completing the Project, but the Client shall not use, or make copies of, such documents for use with any other project.
10. The Consultant shall not be liable to the Client under this Agreement, law of tort (including negligence), statute, in equity or otherwise for any kind of indirect or consequential loss or damage arising out of or in connection with this Agreement.
11. All advice, opinion, recommendations and work carried out is provided based on the best available scientific evidence. Evans Science shall not be liable for any kind of indirect of consequential loss or damage arising out of or in connection with any advice, opinion, and/or recommendations.
12. Any dispute between the Client and the Consultant shall in the first instance be referred to mediation in accordance with the Mediation and Conciliation Rules of the Institute of Arbitrators and Mediators Australia provided that this provision shall not prevent the Consultant from instigating legal action at any time to recover monies owing by the Client to the Consultant.
13. The Client may terminate this Agreement:
i) in the event of substantial breach by the Consultant of his obligations hereunder, which breach has not been remedied within thirty (30) days of written notice from the Client requiring the breach to be remedied; or
ii) for any or no reason upon giving the Consultant thirty (30) days written notice of his intention to do so.
14. The Consultant may terminate this Agreement:
i) in the event of monies payable to the Consultant being outstanding for more than 30 days from the date of invoice or as otherwise specified by the Consultant; or
ii) in the event of substantial breach by the Client of his obligations hereunder, which breach has not been remedied within 30 days of written notice from the Consultant requiring the breach to be remedied; or
iii) for any or no reason upon giving the Client thirty (30) days written notice of his intention to do so.
15. In the event of termination by either party pursuant to Clauses 14 and 15, the Consultant shall be entitled to be paid for that part of the Services rendered up to the time of termination and if the termination is under Clause 14(ii) shall be entitled to an additional payment representing its reasonable profit lost in not completing the Services.
16. The Consultant may suspend provision of the Services upon any payment being due and unpaid by the Client until such payment is made or the Agreement is terminated.
17. Neither party may assign, transfer or sublet any obligation under this Agreement, without the written consent of the other. Unless stated in writing to the contrary, no assignment, transfer of subletting shall release the assignor from any obligation under this Agreement.
18. The Client agrees to provide a safe working environment for us to conduct the services.
19. All fees are quoted “Plus Expenses”. Expenses mean transport to and from location of work (air, road), suitable accommodation, insurance, ground transport and meals. An allowance per day may be paid or a lump sum may be requested to cover expenses prior to the commencement of any project.
20. All fees, duration or work, location of work, methods of work are to be outlined and agreed upon by both the Consultant and the Client prior to the commencement of any work. All fees and allowances are payable up front.
- For further information or clarification on any of our Terms and Conditions of Engagement, please contact us directly at firstname.lastname@example.org