General Terms & Conditions
Work Safety Hub consultants are certified WHS/OHS professionals whom are signatories to the Victorian Code of Ethics and Minimum Service Standards for professional members of occupational health and safety (OHS) associations.
These conditions of engagement apply to services and carried out by the Company and should be read in conjunction with the Proposal. Unless agreed in writing, these conditions shall apply to the exclusion of any inconsistent provision, which may appear on any order form or other document issued by the Client. They shall apply to any variations, which may be agreed or ordered in the scope of the work and to any supplementary work on the project, which may be the subject of verbal agreement.
1. Definitions. In these conditions of engagement: “Company” means Work Safety Hub (ABN 34 137 530 321). “Client” means the person to whom the company is contracted to provide services and who is ultimately responsible for payment. The Client may be represented by an Agent (e.g. Consulting Engineer, Project Manager, Architect, Solicitor, etc.) who acts with his authority and arranges for or directs the services on his behalf. “Proposal” means the Company’s written offer to provide consulting services, which accompanies these conditions. “Services” means the services or goods to be provided by the Company to the Client, as detailed in the Proposal. Words importing the singular include the plural, and vice versa. Words importing any gender include the other genders.
2. Special Terms & Conditions. Special Terms and Conditions are also applicable for Asbestos & Hazardous Material Investigations and Environmental Investigations. Where applicable to the proposed services, the Special Terms and Conditions are intended by the Client/Company to be complementary to the General Terms and Conditions accepted by the Client /Company. However, it is understood and agreed that, should any conflict of inconsistency arise between the application and/or interpretation of the General Terms and Conditions and these Special Terms and Conditions, then these Special Terms and Conditions shall take precedence and have full legal force and effect.
3. Role of the Company. The company will exercise reasonable skill, care and diligence in providing the Services in accordance with standards ordinarily exercised by members of the profession in the same locality under similar conditions.
4. Role of the Client. The Client (or Agent) must provide to the Company (where relevant):
• Written acceptance of the Proposal.
• Approvals for access, name of site contacts and keys.
• Previous reports, assessments, technical information and documentation relevant to the scope of works.
• Survey plans and data regarding underground services.
• Other information relevant to the brief.
The company assumes no responsibility for any consequences arising from any information or condition that was concealed, withheld, misrepresented, or otherwise not fully disclosed or available to the Company.
5. Role of Agent. If the Proposal is accepted by an Agent, the Agent warrants to the Company that he has the Client’s authority to do so and accepts that he is personally liable for the Client’s obligations under the engagement. If the person who accepts the Proposal does not indicate in writing he is an Agent at the time of acceptance, he is the Client and liable accordingly.
6. Fees. The Proposal indicates whether the Company will provide the Services for a lump sum or a fee calculated by a schedule of rates. If a schedule of rates or multiple project stages are proposed, then the Company may in the Proposal give an estimate of the total cost. The estimate of total cost and the lump sum are based on the Company’s understanding of the required scope of work. The Company will endeavor to provide the Services within the estimate or sum provided. If undisclosed or unexpected conditions are encountered then additional work not allowed for may be required. Under these circumstances the Company will endeavour to advise the Client and seek its approval before undertaking work which exceeds the estimate or sum. If any activity is required which is outside the scope of the Proposal, the Company will charge for such additional work at the current standard hourly rates for personnel and equipment. Hire of outside services, if necessary, will be charged at cost plus 15% for procurement. Unless otherwise stated Goods and Services Tax has not been included in either the rates or lump sum in our proposal and will be charged to the Client, when applicable. The schedule of rates in the Proposal is current for a period of three months from the date of the Proposal and may thereafter be varied in accordance with changes in the market for the Services, CPI, award and statutory changes. 2 business days' notice must be provided when rescheduling/cancelling approved work or 50% of the daily rate is payable.
7. Terms of Payment. At the Company’s election, invoices will be rendered monthly or on completion of the work and are due for payment in full within 7 days, unless subject to a service level agreement or contract. The Company will charge interest at the rate of 11.5% per month on any invoices unpaid after 30 days. If the Client disputes any part of the invoice then a written schedule of the items disputed must be given to the Company within 10 business days of receipt of the invoice.
8. Limitation of Liability. The Company’s liability for a breach of Section 74(1) of the Trade Practices Act (or any equivalent legislation) is limited at the Company’s option to either providing those Services again, or refunding the price of that part of the Services in respect of which the breach occurred. The Company’s liability to the Client for loss or damage caused by a failure to exercise reasonable care is limited to three times the fee actually paid by the Client to the Company for the services concerned.
9. Copyright. The Company retains copyright in all drawings, reports, specifications, calculations, computer disks, and other documents provided by the Company. The Company licenses the Client alone to use this material in connection with the project for which it is prepared. If the Client is in breach of any obligation to make payment to the Company, the Company may revoke this license and the Client shall cause to be returned to the Company all material in its possession. The Client must not alter or amend any material produced by the Company without prior agreement by the Company and must acknowledge the Company’s work in all material incorporated into larger documents or reports.
10. Reports. Reports and documentation are provided for the exclusive use of the Client at a specific time, for a specific purpose and particular project. They should not be relied upon for other projects or purposes on the same site or by a third party without written agreement from the Company. This is because project details, statutory requirements and site conditions may change with time affecting our recommendations and conclusions.
11. Investigations. Written reports will be provided on completion of the work giving a statement of procedures and all field and laboratory results. Interpretations and analysis of results and comments thereon will be provided, where and as indicated in our proposal. The reports will be based on normally accepted theory and practice and on the limits of information available. The Company cannot assume responsibility for the adequacy of its recommendations when they are used in the field without the Company being retained to observe their implementation. One copy of the report will normally be provided and supplementary copies can be made available if required, at an agreed charge.
12. Non-solicitation. The Client may not, without the prior express written consent of the Company, employ or engage the services of the Company’s employees or agents during their participation in the Engagement or during the twelve (12) months thereafter. Where written consent has been provided by the Company, the Client shall reimburse the Company the sum equivalent to 8 weeks undiscounted consulting fees.
13. Acceptance of Terms and Conditions. Any direction by the Client either verbal or written to undertake services as defined in the proposal will be deemed acceptance of the General Terms and Conditions and Special Terms and Conditions where applied.