Minimum charge and cancelation
Minimum charge for survey services is 3hrs.
Cancelation within 24hrs incur 2hrs charge at survey rates.
Travel fee
Travel taking longer than 30 minutes incurs a travel fee. Travel is rounded to the nearest 1/2 hour.
Normal hours
The ordinary hours of work is between 6.00 am and 4.00 pm Monday to Friday inclusive.
Outside of normal hours, or >8hrs incurs $75 overtime fee per person.
All work time is rounded up to nearest 30 minutes
Unless otherwise agreed between 4D SURVEYS and the Client, 4D SURVEYS will endeavor to complete all services during standard operating hours. If a situation arises which requires services to be provided outside the standard operating hours,reasonable attempts will be made by 4D SURVEYS to gain prior approval from the Client.
Safe access
Access arrangements to the site are to be the responsibility of the Client. The price quoted assumes that access to the site will be unhindered. The Client must ensure that the site is a safe working environment and complies with all occupational health and safety requirements and that any potential dangers are communicated to 4D SURVEYS before entry to the site. Any delays or rescheduling costs incurred will be an additional charge under the terms and rates herein.
Variations
In the event that the Scope of Works for the provision of services is amended, 4DSURVEYS shall be entitled to review the value of the fees previously agreed,and the Client shall be obliged to pay all additional costs associated with such amended scope as is agreed in writing between 4D SURVEYS and the Client.
Where not instructed by the Client in writing, the 4D SURVEYS time sheet entry with‘verbal scope and authorised client representative’ annotation shall effect the authorisation that variation works have been carried out as described. Verbals cope variations will only be performed if given by an authorised client representative. Variation charges apply for meetings and/or briefings,calculations, plan checking, issue of RFI’s, field survey work, quality assurance checks and processes, plans and/or sketches, delivery of survey data and filing. The minimum site visit fee will also apply for variations.
Survey team
Members of the project team may vary from time to time subject to availability, leave requirements, requirements of other 4D SURVEYS projects, leave requirements,specific skill sets applicable to different stages of the project, and other factors which may arise from time to time.
Fees& Payment
The fees for the project/job will be based upon the hourly and/or fixed rates provided to the Client by 4D Surveys in respect of the provision of equipment, labor and other services.
Unless other signed agreements are in place between the client and 4D Surveys. The Client shall pay the fees, including GST, to 4D SURVEYS within thirty (30) days of the date of the 4D SURVEYS invoice. Invoices will be submitted by 4D SURVEYS on either a weekly, bi-monthly or monthly basis, depending upon the nature of the project.
Overdue payments
4D SURVEYS shall be entitled to charge interest on the outstanding fees, the percentage rate being the current Westpac 30 Day Bank Bill Rate plus three (3)per cent. Payment of the interest charges will not relieve the Client of the obligation to pay the outstanding fees.
Default
If the Client defaults in the due and punctual observance of all or any of its obligations or covenants under these terms and conditions, all monies owed by the Client to 4D SURVEYS shall become immediately due and payable.
Termination
4D SURVEYS may terminate the Agreement entered into with the Client:
If the Client defaults in the due and punctual observance of all or any of its obligations or covenants under that Agreement
In the event of monies payable to 4D SURVEYS pursuant to these terms and conditions being outstanding for more than thirty (30) days;
In the event of any other breach by the Client of its obligations under such Agreement,which breach is not remedied within thirty (30) days of written notice from 4D SURVEYS requiring the breach to be remedied;
In the event the Client requires 4D SURVEYS to act unlawfully or unethically, orfails to provide an adequate Scope of Works and associated instructions;
Upon giving the Client thirty (30) days written notice of its intention to do so;and
If the Client takes or shall have taken against it any action for its winding up,placement under official management, administration or receivership or is unable to pay its debts or anything analogous, or having substantially similar effect, occurs.
The Client may terminate its obligations under any Agreement entered with 4D SURVEYS:
In the event of a breach by 4D SURVEYS of its obligations under such Agreement,which breach is not remedied within thirty (30) days of written notice from the Client requiring the breach to be remedied;
If the Agreement is terminated by either party, the Client is still obligated to pay all monies owed to 4D SURVEYS for services performed up to and including the date of termination pursuant to these terms and conditions as well as for the costs incurred by 4D SURVEYS in relation to demobilizing personnel and equipment from site.
No warranties
Not withstanding anything contained herein the Client acknowledges that no representation,warranty or condition, express or implied, is given by 4D SURVEYS that the services provided comply with the rules, regulations, laws and legislation of the place where the services are being provided and 4D SURVEYS will not be liable under any circumstance for any claims, losses or damages of any kind whatsoever (including but not limited to any indirect, special or consequential damage or injury to any person, corporation or other entity) by reason of or arising out of the services not complying with such rules, regulations, laws and legislation, or by reason of or arising out of any inaccuracy, error or omission in the information provided by or to 4D SURVEYS.
Where the Australian Consumer Law and other laws imply conditions or warranties in certain contracts and also give parties to those contracts certain other rights against suppliers of goods and services, to the extent that it is not lawful or possible to exclude them, then such conditions, warranties or other rights shall (but only to the extent required by law) apply to these terms and conditions and all other conditions, warranties or rights which might but for this provision be implied are hereby expressly excluded. Where the law implies any term or warranty into these terms and conditions which cannot be excluded,then the liability of 4D SURVEYS for any breach of such term will be limited in the manner permitted under section 64A of the Australian Consumer Law to either supply of the services again or payment of the cost of having the services supplied again (as 4D SURVEYS may determine).
General
If any part of these terms and conditions become void or unenforceable then that part shall be severed to the intent that all parts that are not void or unenforceable shall remain in full force and effect. None of the terms and conditions will merge in or upon the execution of this or any other agreement, document, act,matter or thing and will continue to remain in full force and effect for so long as is necessary to give effect to these terms and conditions.
Jointand several liability
If the Client comprises two or more parties each of those parties is jointly and severally liable on the covenants and obligations herein.
Jurisdiction
The relationship between 4D SURVEYS and the Client shall be governed and construed in accordance with the laws of the state in which the Scope of Works is completed and the parties shall submit to the jurisdiction of the Courts of that state and waives any right to object to any proceedings being brought in those Courts.