Terms & Conditions

DEFINITIONS

 

 

Parties

Customer means the party retaining Seymour Consultants Services

Seymour Consultants means Seymour Consultants Pty Limited ABN/ACN: 589159001395

Mail
PO Box 517 Oxenford Qld 4210

Phone
07 5573 4011

Facsimile
07 5573 4066

Email
This email address is being protected from spambots. You need JavaScript enabled to view it.
info@seymourconsultants.com.au

Website
www.seymourconsultants.com.au

 

 

General definitions

 

Business Day means a day other than a Saturday, Sunday or public holiday in Queensland.

 

Claim includes any action, suit, proceeding, application or demand of any kind.

 

Contract means any signed contract or official engagement and includes these General Terms and Conditions and the

Schedules.

 

Latent Defect means a defect, deficiency or failure of any kind, including in materials, workmanship or design, which deficiency or failure is not reasonably discoverable or detectable by Seymour Consultants on inspection, having regard to any relevant matter including without limitation, the nature and type of the defect, deficiency or failure, its location and/or the extent of the Services.

 

Low means the law in force in the State of Queensland or any place where the Services are to be performed under the contract or engagement, and includes common or customary law, equity, judgment, legislation, orders, regulations, statutes, by-laws, ordinances or other legislative or regulatory measures and includes any amendment, modification or re-enactment of them.

 

Personnel means:

• In relation to Seymour Consultants, any of its employees, Subcontractors, agents and representatives involved either directly or indirectly in the provision of the Services under the Contract or engagement;
• In relation to the Customer or a member of the Customer, any of its officers, committee members, employees, contractors, agents or representatives.

 

Report means any final report produced by Seymour Consultants or its Personnel for submission to the Customer under the Contract or engagement.

 

Services means the services to be provided under the Contract or engagement.

 

Site means the Customer location at which Seymour Consultants is to perform certain parts of the Services.

 

Liability means any loss, damage, liability, charge, expense, outgoing or cost, whether direct or indirect (including without limitation consequential, special or liquidated damages and loss of profits) and in relation to a Claim, Liability includes amounts payable on the Claim and (whether or not the Claim is successful) legal costs and disbursements on a full indemnity basis.

 

 

WARRANTY & (IF APPLICABLE) CONSUMER GUARANTEE

 

2.1 Warranties or Consumer Guarantees as to Services

Seymour Consultants warrants that the Services will be provided (i) with due care and skill; and (ii) in substantial conformity with any Australian Standard or legislation. To the extent that the non-excludable provisions of the Australian Consumer Law (ACL) in Chapter 3 Part 3-2 Subdivision B (consumer guarantees relating to the supply of services) apply to any Services supplied by

Seymour Consultants under this Contract, Seymour Consultants agrees to comply with such provisions.

 

2.2 Warranty as to authority

Each party represents and warrants to the other that:

• it has full legal capacity, power and authority to enter into a contract or engagement and to carry out the transactions that the contract contemplates
• it holds each authorisation that is necessary or desirable to: (i) (as applicable) provide or receive the Services under the Contract, including any Government Authorisations required under any applicable Law; or (ii) enable it to properly execute the contract and to carry out the obligations that the contract contemplates;
• it is complying with any conditions to which any of these authorisations is subject

 

 

INDEMNITY

 

3.1 Acknowledgment

The Customer acknowledges that Seymour Consultants and its Personnel are invitees to the Site, and as such, the Customer agrees that it controls Site safety and so bears the risk of Seymour Consultants and its Personnel entering upon its Site for the performance of the services and all matters incidental or necessary thereto.

 

3.2 Subject to clause 3.3, the Customer will indemnify (and will keep indemnified) Seymour Consultants and its Personnel

(Indemnified Person) from and against all Liabilities that any Indemnified Person suffers, sustains or incurs, arising from any one or more of:

• any act or omission by the Customer or its Personnel arising out of or in any way related to the services, including: (i) the loss of or damage to any real or personal property; and (ii) death or injury to an Indemnified Person and any other person;
• any breach of the services
• any claim by another person that the Customer’s exercise of its rights or Seymour Consultant’s performance of its obligations under the Contract or engagement infringes that person’s Intellectual Property; and
• any penalty imposed for breach of any applicable Law in connection with the provision of the Services.

 

3.3 Exclusions

The Customer’s liability is reduced proportionately to the extent that the liability was directly caused by the negligence of Seymour Consultants.

 

3.4 Indemnity continuing

Each indemnity in the Contract or engagement is a continuing obligation separate and independent from the parties’ other obligations and survives termination of the Contract.

 

3.5 No requirement for expense before enforcing indemnity right
It is not necessary for Seymour Consultants or its Personnel to incur expense or make payment before enforcing a right of indemnity conferred by this Contract.

 

 

LIMITATION OF LIABILITY

 

4.1 Express Warranty Limitation

Seymour Consultants limits its liability for any failure to comply with its express warranty to:

• the supplying of the Services again; or
• the payment of the cost of having the Services supplied again.

 

4.2 Limitation where ACL Applies

To the extent that the Services are not services of a ‘kind ordinarily acquired for personal, domestic or household use or consumption’ such that section 64A of the ACL applies, then Seymour Consultants limits its liability for failure to comply with a guarantee to:

• the supplying of the services again; or
• the payment of the cost of having the services supplied again.

 

4.3 No Liability

To the extent permitted by Law, Seymour Consultants is not liable to the Customer for any Liability including without limitation:

• loss of revenue;
• loss of reputation;
• loss of profits;
• loss of opportunity;
• indirect or consequential loss;
• loss in connection with any Claim against the Customer by any person, including its Personnel; or
• loss in connection with any fact, matter or thing which is: (i) not identified, investigated, referred to or advised upon in any Report produced by Seymour Consultants;

 

 

SITE ACCESS

 

he Customer must ensure that the Site is safe and complies with all Laws. In the event that the Site is not safe or fails to comply with Laws, the Customer agrees to disclose all relevant matters to Seymour Consultants in writing prior to the Commencement Date. Where such disclosure is made subsequent to the execution of the Contract or engagement and will entail additional costs to Seymour Consultants, the Customer acknowledges and agrees that Seymour Consultants may increase the agreed price

accordingly.

 

 

SUBCONTRACTORS AND PERSONNEL

 

6.1 Subcontractors

Seymour Consultants may at its option, subcontract the supply of any of the Services provided. Seymour Consultants remains fully responsible to the Customer for providing the Services even though Seymour Consultants may have subcontracted the performance of any part of the service.

 

6.2 Personnel to be properly qualified

Seymour Consultants agrees to engage or employ Personnel to provide the Services who:

• are suitably qualified and experienced to perform the duties allocated to them;
• hold all necessary Government Authorisations in accordance with the requirements of the Law and as set out in the Contract or engagement;
• have been assessed by Seymour Consultants as possessing all competencies relevant to the duties they are expected to perform.

 

 

INSURANCE

Seymour Consultants will maintain insurance policies protecting the employees and property of Seymour Consultants as it deems reasonably necessary, including without limitation: (i) workers compensation insurances; (ii) public liability and product liability

insurance with respect to bodily injury and property damage.

 

 

PAYMENT TERMS

 

8.1 All invoices are to be paid within fourteen (14) days of being issued.

 

8.2 All payments must be made by the facility available by Seymour Consultants to the Customer. Payments may be made by Cheque or Electronic Funds Transfer direct to the account details provided.

 

 

QUOTATIONS

 

9.1 All quotations are valid for 90 days from the date of Issue.

 

9.2 All quotations are limited to the scope and context of the services to be supplied as per the quotation and by the general

terms and conditions available at the date of issue from Seymour Consultant’s website.

 

9.3 No additional works beyond the quotation will be undertaken without prior approval.

 

 

SERVICES LIMITATIONS

Seymour Consultants agrees to provide the Services to the Customer in accordance with the Contract. Seymour Consultants will supply the Services: (i) substantially in accordance with the Contract; (ii) with due care and skill; and (iii) in accordance with

reasonable instructions or directions given by the Customer.

 

 

SAFETY AND GENERAL SERVICES SCOPE AND LIMITATIONS

 

11.1 Scheduled appointment times cannot be guaranteed and therefore an approximate time will be scheduled for an appointment.

 

11.2 In the interest of protecting the environment, reports will be sent electronically to the client.

 

 

ASBESTOS SERVICES SCOPE AND LIMITATIONS

 

12.1 Seymour Consultants will not make comments about the presence of Asbestos unless specifically agreed.

 

FIRE SAFETY SERVICES SCOPE AND LIMITATIONS

 

13.1 Seymour Consultants will visually inspect one typical unit door to determine whether unit doors are fire rated doors.

 

INSURANCE VALUATIONS SCOPE AND LIMITATIONS

 

14.1 Costs not directly associated with the construction of the building will not be assessed.

 

SINKING FUND FORECAST SCOPE AND LIMITATION

 

15.1 The estimates in the forecast are based on the typical usage for a building of the given type.

 

POOL BARRIER CERTIFICATION SCOPE AND LIMITATIONS

 

16.1 The cost of an initial pool inspection includes statutory government charges when issuing a pool safety certificate.

 

TERMITE PEST INSPECTION (TERMITE INSPECTION)

 

17.1 The Scope of Inspection and the Terms and Conditions take precedence over any oral or written representations.

 

TERMITE AND PEST TREATMENT SERVICES

 

18.1 The customer must advise us of any pets or of any personal or family/staff allergies, or other health concerns.

 

TAX DEPRECIATION SCHEDULES

19.1 The customer agrees to allow Seymour Consultants (SC Tax Depreciations) to locate construction documents, make all necessary enquiries and to access the property where required to complete the Tax Depreciation Schedule.