GENERAL TERMS AND CONDITIONS FOR TRM AUSTRALIA PTY LTD
These terms of engagement together with any accompanying document(s) and/or related document(s) incorporating these terms of engagement comprise the agreement between the Client and TRM Australia Pty Ltd trading as Total Refractory Management referred hereafter as “TRM”. Accompanying or related documents comprising the agreement are referred to herein as attachments.”
IT IS AGREED:
1. Performance of Services. TRM shall perform the services described in the attachments (the Services) with due care skill and diligence and in accordance with the standards of performance considered acceptable by the members of the building industry of Australia.
2. Client Brief. The Client shall provide to TRM a briefing and all information concerning the Client’s requirements before commencement of the work.
3. Payment. The Client agrees to pay TRM the remuneration described in the attachments as payable to TRM for performing the Services (the Payment).
4. Invoices. TRM invoices for the Payment is strictly within 14 days of receipt by the Client. Interest at TRM overdraft rates plus 5% shall accrue on accounts which are overdue.
5. Tools & Equipment. All TRM tools & or equipment shipped home from overseas is subject to a 21-day delivery window. Tools & or Equipment in transit for a period exceeding 21 consecutive days after job completion will attract a fee, being 50% of the current daily rate unless prior arrangements have been made.
6. Additional Services. The parties hereto may agree to vary add to or delete parts of the work comprising the Services. The provisions of this agreement shall apply to all such variations and additions. Work performed by TRM in addition to the Services shall be charged to the Client as provided in the attachments.
7. Escalation. TRM hourly rates and any lump sum fees are reviewed on the 1 July each year unless otherwise provided in the attachments.
8. Unforeseen Circumstances. TRM shall be entitled to an equitable variation to this agreement and an appropriate adjustment to the Payment where delays events or circumstances beyond the reasonable control of TRM or reasonable anticipation of the parties hereto delay increase or adversely affect performance of the Services.
9. Outside Services. The Client shall reimburse TRM outside charges incurred in performing the Services at cost plus 15%
10. Travel Charges. Travel expenses include, but not limited to, travelling time, parking fees, taxis, phone calls, accommodation, meals, car hire, airfares.
11. Termination. Where the Project is finally terminated, the Client may terminate this agreement by 10 days’ notice in writing to TRM. In the case of termination, the Client shall pay all moneys owing to TRM plus reasonable costs of early demobilisation.
12. Suspension. Where the Services are suspended, or delayed for a period the Client shall compensate TRM for the costs of suspended personnel and expenses incurred during such period subject to a maximum of 10 working days in each period.
13. Limitation of Liability. The liability of TRM to the Client whether in contract or in tort and whether for negligence or otherwise is hereby limited to the total aggregate amount of $20,000 or re-performance of the services whichever is the lesser. TRM shall in no event be liable to the Client in respect of matters not notified within 12 months from completion of the Services.
14. Consequential Loss and Estimating. TRM shall in no event be liable to the Client for consequential or indirect financial loss or damage, nor in respect of any estimate of the time or cost to complete the work.
15. Contractors and Approvals. TRM shall have no liability in respect of any act omission or negligence of any sub-consultant contractor workman supplier or fabricator or other third party involved in the Project.
16. Copyright. Copyright in all drawings, reports, specifications, bills of quantity, calculations and other documents provided by TRM in connection with the project shall remain the property of the Consulting Engineer.
17. Subject to clause 16, the Client alone shall have a licence to use the documents referred to in clause 14 for the purpose of completing the project, but the Client shall not use, or make copies of, such documents in connection with any work not included in the project.
18. If the Client is in breach of any obligation to make payment to TRM, TRM may revoke the licence referred to in clause 15, and the Client shall then cause to be returned to TRM all documents referred to in clause 14, and all copies thereof.
19. Governing Law and Jurisdiction. This agreement shall be construed and governed in accordance with the laws of the State in which the Services are principally performed and the parties hereto submit to the jurisdiction of that same State.
20. Dispute Resolution. Any dispute or difference shall be referred for determination to an expert, who shall be appointed by the Chapter Chairman of the Institute of Arbitrators Australia in the State defined in Clause 17. The expert shall not act as Arbitrator. His decision shall be final and binding on both parties.
21. Commencement of Agreement. This agreement shall be deemed on and from the date of commencement of the Services by TRM.
22. Ownership. All equipment supplied by TRM remains the property of TRM until all payments have been made in full.
23. Materials. All materials sourced from a third party will be invoiced upon dispatch from the manufacturers location.