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Quote Terms and Conditions - Structural Engineering Services 

PROJECT BRIEF 

As provided in CASEDC’s quote proposal

 

SCOPE OF WORKS        

 

⦁          As provided in CASEDC’s quote proposal

 

Structural Engineering Deliverables:

 

The provision of structural engineering services for this project shall consist of the following: Design and Documentation of:

⦁          Footings & slab on ground

⦁          Reinforced masonry wall elements

⦁          Swimming pool shell

⦁          Structural steelwork and timber framing

⦁          Wind bracing and tie-down In addition to:

⦁          Technical engineering specifications as notes on drawings

⦁          Structural engineering design certificate

⦁          Answering requests for information during construction

⦁          Periodic structural site inspections as required and associated structural certification

 

EXCLUSIONS    

 

No allowance has been included in this proposal for the following services:

⦁          Site survey

⦁          Geotechnical investigation

⦁          Civil engineering

⦁          Council or QUU application and assessment fees

⦁          Glazing design and certification by manufacturer

⦁          Balustrade and stair design and certification

⦁          Certification of existing construction

⦁          Pool plumbing, fencing & filtration

⦁          Any other item not included in the scope of works

 

Please note:

⦁          Changes to scope / design changes are to be carried out on a time charge basis in accordance with our standard hourly rates listed in the attached terms and conditions, or as mutually agreed.

⦁          CASEDC Pty Ltd. is a consulting structural and civil engineering practice. We therefore recommend that a quantity surveyor or building estimator be involved at the preliminary design stage to ensure that all possible construction options are considered and priced in order to develop the most cost effective solutions.

 

COMPANY STATEMENT

 

We have an office in Brisbane in the state of Queensland where we commit ourselves to providing innovative, professional and cost-effective engineering design solutions for our valued clients.

 

We believe that our success is linked to our consistent high performance and to our client focused approach. We take pride in working closely with clients and maintaining strong working relationships based on trust to produce the highest quality outcomes. 

 

Our commitment to clients, in order to maintain their trust in our services is to never cease innovating, to practice leadership in each project over the multidisciplinary services and to be a one stop shop for any and all engineering services our clients require. 

 

Our vision for the future is to build stronger business relationships and continue to seek new ways to deliver superior engineering services with integrity and professionalism. 

 

COMPANY DETAILS & INSURANCE        

 

Company Name:           Civil and Structural Engineering Design and Certification (CASEDC) Pty Ltd ACN 652 017 546

 

Insurance:         Professional Indemnity Cover : $2,000,000

 

Company Website:  https://www.casedc.com.au/home

 

CLIENT AUTHORISATION & ACCEPTANCE 

CASEDC Pty Ltd (“CASEDC”) and the Client agree the conditions of engagement shall be in accordance with the intent of Australian Standard AS4122-2010 “General Conditions of Contract for Engagement of Consultant’s” with the following additions to satisfy Annexure A and B of the Standard. 

  1. This proposal is only valid for 90 days from the date of the proposal.


 

  1. CASEDC reserves the right to review this agreement if there are any changes in the scope of works, design requirements, Architectural drawings or Design concept. All quotes provided by CASEDC are based on [architectural drawings/ drafts/ sketch/ email/ phone conversation].


 

  1. Invoices for services completed shall be issued to the Client prior to the commencement of the project and are payable prior to the project commencing. For extra service or amendments, invoices will be issued at the end of each month, with the due date for payment being no later than 10 business days from date  on which the invoice is issued.


 

  1. CASEDC reserves the right to charge daily interest of overdue invoices at the rate of 2.0% per month. CASEDC will notify the Client prior to this being interest being charged. Additionally, CASEDC reserves the right to recover from the Client any costs associated with debt recovery in relation to this agreement.


 

  1. Copyright of all drawings, reports, specifications and calculations shall remain the property of CASEDC.


 

  1. The Client may suspend the Services at any one time for a maximum period of 3 months, after which CASEDC is entitled to terminate this agreement.


 

  1. To the extent permitted by law, CASEDC indemnifies the Client from any loss or damage (excluding any personal injury, psychological injury or death, or loss or damage that is not reasonably foreseeable by CASEDC) suffered as a direct consequence of CASEDC’s negligent or fraudulent performance of the Services.



 

  1. CASEDC shall have no liability for:

⦁          a claim where the Client acts contrary to CASEDC’s written recommendation or purports to use the Services contrary to this agreement; 

 

⦁          any work which falls outside the scope of this client agreement or related quote, whichever is signed later; and/or

 

⦁          a claim unless such claim is notified in writing to the Company within one (1) year of the completion of the provision of the Services.


 

  1. Where site inspections are required, the design responsibility of CASEDC will only apply to CASEDC if CASEDC inspect the condition of the excavated soil prior to the application of concrete over the area to which CASEDC is held to be responsible. 


 

  1. By Signing this client agreement, you agree to provide CASEDC with all building contracts relating to the works to which this client agreement relates prior to issuing any request for information to CASEDC.


 

  1. CASEDC will not be responsible for, or indemnify the client in relation to any design where CASEDC is not permitted to, or given the opportunity to perform a site inspection prior to carrying out the design works. 


 

  1. If the design work is to be carried out according to architectural drawings which are provided to CASEDC prior to the design work commencing, clause 11 of these terms and conditions shall not apply and any difference between the actual land or structure, and the architectural drawings provided shall cause CASEDC  to be free from any liability which arises due to that difference. 


 

  1. CASEDC will not provide a form 12 Construction certificate unless a site inspection is carried out and the works are found to comply with the design and standards proposed by CASEDC. CASEDC are entitled to one weeks’ notice prior to attending site to provide the inspection. 


 

  1. In the circumstances where CASEDC is only engaged to provide a form 12, construction certificate and not provide the design work, CASEDC will not be liable for any loss arising as a result of the design works. CASEDC will be indemnified by the client from all claims brought by any third party, to which the design is the primary cause of action. 


 

  1. Where CASEDC is engaged to provide a pre-purchase report to address a structural issue raised by a Building Inspector, the report shall only refer to issues raised by the Building Inspector. CASEDC will not be liable for and will be indemnified against any claims arising from loss or damage which arises from any issues that were not identified by the Building Inspector and disclosed to CASEDC at the time of engagement or some time thereafter, but before the date on which CASEDC provides the report. 


 

  1. Where the Client is a Consumer as defined under the Competition and Consumer Act 2010 (Cth) CASEDC’s liability for a breach of warranty or any condition of this agreement, to the extent permitted by law, will be limited at the Consultant’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.


 

  1. CASEDC’s maximum liability for loss or damage for failure to exercise a reasonable standard of skill and care under the contract (Annexure A Item 24) shall be two times the contract fee to a limit of $2,000,000. In all cases of legal liability (whether under contract, in statute, tort or law), CASEDC’s liability to the Client for any loss, damage, liability, expense or cost suffered arising from or in connection with CASEDC’s provision of services shall:

 

⦁          be limited to the extent to which CASEDC’s own negligent or wrongful acts, errors or omissions contributed to the loss, damage, liability, expense or cost suffered; and

 

⦁          not exceed the following relevant insurance policy amounts:

⦁          $20,000,000 for Public Liability Insurance - Annexure A Item 25;

 

⦁          $2,000,000 for Professional Indemnity Insurance - Annexure A Item 26, which shall be maintained for a minimum of three (3) years – Annexure A Item 27).


 

  1. CASEDC agrees to maintain appropriate Professional Indemnity, Public Liability and Workers Compensation policies as noted above (Annexure A Items 25, 26 and 27).

  2. The parties acknowledge that the Agreement is entered into between the Client and CASEDC, CASEDC is not liable for any loss, damage or injury suffered by any third party arising out of CASEDC’s performance of the Services.

  3. The Client indemnifies CASEDC from any loss, damage or costs (on an indemnity basis) suffered by CASEDC arising from any claim made by any third party in relation to the Services.

  4. The Client must not assign its rights under this Agreement without first obtaining CASEDC’s prior consent in writing.


 

  1. The law governing this agreement is the State in which the subject site, to which the Services apply, exists.


 

  1. No actions or proceedings in relation to this agreement shall be commenced against CASEDC after the expiry of one (1) year from the date of final invoice or such earlier date as may be described by law.


 

  1. Work will not commence on this project until this agreement and its conditions are accepted in writing.


 

  1. Should the project be abandoned at any stage, the total fee payments shall be a fair proportion of the fee applicable to the work actually carried out by the project team.


 

  1. Should the project concept be changed after design work has commenced, which requires redesign of elements already completed, then additional fees shall be payable. These additional fees shall be assessed on a time charge basis or other basis mutually agreed.


 

  1. Time basis charge out rates are as follows:-

⦁          Partner                 $250.00 - $300 per hour (plus GST)

⦁          Project Engineer           $200.00 - $220 per hour (plus GST)

⦁          Senior Engineer $175.00 - $190 per hour (plus GST)

⦁          Design Engineer $150.00 - $170 per hour (plus GST)

⦁          Senior Drafter           $125.00 - $135 per hour (plus GST)

⦁          Drafter                     $ 90.00 - $110 per hour (plus GST)


 

  1. If an appointment is made with a member of CASEDC staff, and the appointment is cancelled without prior written notice to CASEDC more than 24 hours before the appointment was scheduled, a cancellation fee of $100 will be payable by the client to CASEDC. 

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