Terms of Engagement for Consulting Services

Reviewed and approved as of 01/01/2025

These Terms of Engagement apply to all consulting services provided by Civil Sciences and Engineering unless otherwise agreed in writing. By engaging our services or accepting a quote or proposal, you acknowledge and agree to the terms outlined below, which align with the AS4122-2010 General Conditions of Contract for Consultants.

 1.0 Introduction 

These Terms, combined with the Consultant's Offer and AS4122-2010 General Conditions of Contract for Consultants, constitute the full agreement between the parties.

2.0 Conflict and Precedence

This Agreement supersedes prior communications. The documents forming the Agreement, in order of precedence, are:

1. These Terms of Engagement
2. The Proposal
3. AS4122-2010 General Conditions of Contract for Consultants

3.0 Terms of Payment

All invoices are due within 30 days of invoice date. Overdue invoices may attract interest at 10% per annum, compounded daily, from the due date until payment is made.

4.0 Offer Validity

The Offer remains valid for 90 days from the date of issue. After this period, it may be subject to price adjustments.

5.0 Electronic Source Documents

Only the final emailed version of documentation (drawings, specifications, reports) shall be considered correct. Clients must verify electronic file accuracy. Reproduction or use of electronic documents is prohibited without written permission.

6.0 Goods and Services Tax (GST)

Quoted fees are exclusive of GST. If GST applies, the Client must pay the applicable GST amount in addition to the quoted fees.

7.0 Conditions of Engagement

This Agreement incorporates the AS4122-2010 General Conditions of Contract for Consultants, subject to the order of precedence outlined in Clause 2.

8.0 Variations

Variations must be agreed in writing by both parties. Verbal instructions may be accepted or rejected at the Consultant’s discretion and are subject to written confirmation before proceeding.

9.0 Sub-Consultants and Suppliers

Unless explicitly stated in the Offer, the Client is responsible for engaging and paying any sub-consultants or suppliers directly.

10.0 Disbursements

Expenses such as photocopying, travel, accommodation, etc., are not included unless stated in the Offer. These will be charged at cost plus a 20% administrative fee.

11.0 General Provisions

• The contra proferentem rule does not apply.
• The governing law is that of the State in which the project is located and the Commonwealth of Australia.
• Contract law takes precedence over any conflicting common law rights.
• The Client must notify the Consultant of any dispute and allow 10 business days for resolution before seeking mediation.
• Mediation costs are to be split evenly, and unresolved mediator appointment will be referred to the Institute of Arbitrators & Mediators Australia.
• This Agreement becomes binding upon any work commenced by the Consultant.
• The Consultant’s liability is limited to the value of the services performed and excludes indirect or consequential losses.
• The Client may not offset or apply back charges against payments due to the Consultant.
• Intellectual property and copyright remain with the Consultant until full payment is received.
• Verbal variations may be acted upon if the Client does not object in writing within 5 business days of notification.
• All Consultant IP remains its property unless otherwise agreed.
• Confidential Information must be kept secure, used only for the purpose of this Agreement, and not disclosed to third parties.

12.0 Services

Services may be performed on-site or at other necessary locations. The Client must provide safe, reasonable access to facilitate the Consultant's work. Services will be provided with the skill and care expected of competent professionals.

13.0 Client Responsibilities and Liability

The Client is responsible for providing accurate and complete information. The Consultant will not be liable for errors or delays arising from inaccurate or missing data. A collaborative approach is encouraged to ensure timely and effective project delivery.