montbay pty ltd

ABN 42 073 359 672/ACN 073 359 672

TERMS OF ENGAGEMENT

CLIENT:

ADDRESS:

DATE:

AGREEMENT:

These terms of engagement together with the attached documents listed below and/or any related documents also listed below comprise the agreement between the Client (as set out above), and Montbay Pty Ltd (Montbay). Accompanying or related documents included in the agreement are referred to as attachments in the agreed conditions set out below.

IT IS AGREED:

  1. Attached Documents

    2. a) Proposal dated …………………………

  2. Client Brief

    3. The client shall provide to Montbay in writing all necessary briefing and information concerning the client's requirements for the commission.

  3. Performance of Services

    4. Montbay shall perform the services described in the attachments (the Services) with due care, diligence and skill and in accordance with the standards considered acceptable by the members of the consulting engineering profession in Australia.

  4. Additional Services

    5. The parties hereto may agree in writing to add, vary or delete parts of the work comprising the Services. The provisions of this agreement shall apply to all such additions and variations. Additional Services performed by Montbay shall be charged to the Client as provided for in the attachments.

  5. Payment

    6. The Client agrees to pay Montbay the remuneration and other costs described in the attachments for performing the Services (the Payment).

  6. Outgoings

    7. The Client shall reimburse Montbay outgoings for performing the Services and in addition shall pay Montbay an administration charge of 10% on such outgoings.

  7. Tax Invoices

    8. Montbay shall issue Tax Invoices to the client which shall include the following:

    i) Professional services by Montbay,
    ii) Reimbursable outgoings as per clause 6 above,
    iii) Administration charge as per clause 6 above, and
    iv) Goods and Services Tax (GST) of 10% on clauses 7i), 7ii) and 7iii) above.

    The Client agrees that Montbay Tax Invoices shall be payable within 14 (fourteen) days of receipt by the Client. Interest at Montbay overdraft rates plus 5% shall accrue on accounts which are overdue.

  8. Escalation

    9. The Montbay rates of payment are reviewable in accordance with the Consumer Price Index for Brisbane All Groups where escalation is not specifically provided for in the attachments.

  9. Unforeseen Circumstances

    10. Montbay 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 Montbay or reasonable anticipation of the parties hereto delay, increase or adversely effect the performance of the Services.

  10. Termination

    11. Should the Project be terminated the Client may terminate this agreement by giving Montbay 10 (ten) day's notice in writing. In the case of termination, the Client shall pay all monies owing to Montbay plus reasonable costs for any early demobilisation.

  11. Suspension or Delays

    12. Where the Services are suspended or delayed for a period, the Client shall compensate Montbay for the costs of suspended personnel and expenses incurred during such period subject to a maximum of 10 (ten) working days in each such period.

  12. Limit of Liability

    13. The limit of liability of Montbay to the Client, whether in contract or tort and whether for negligence or otherwise is hereby limited to the total aggregate amount of the Services or $5,000 or the reperformance of the Services, whichever is the lesser. Montbay shall in no event be liable to the Client in respect of matters not notified within 12 (twelve) months of the completion of the Services.

  13. Consequential Loss and Estimating

    14. Montbay 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 Project.

  14. Insurance

    15. Montbay shall have in force during the currency of this agreement the following policies of insurance:

    a) Statutory Worker's Compensation Insurance b) Motor Vehicle Third Party Property Damage Insurance

  15. Contractors and Approvals

    16. Montbay shall have no liability in respect of an act or omission or negligence of any subconsultant, contractor, workman, supplier, fabricator, or other third party involved in the Project.

  16. Copyright

    17. Copyright in all drawings, reports, specifications, schedule of rates, calculations, computer software, training manuals, and other documents provided by Montbay shall remain the property of Montbay.

  17. Governing Law and Jurisdiction

    18. This agreement shall be construed and governed by the law of the state in which the Services are principally performed and the parties hereto submit to the jurisdiction of that same state.

  18. Commencement of Agreement

The agreement shall be deemed effective on and from the date of commencement of the Services by Montbay or the date hereof whichever is the earlier.

Signed for and on behalf of the Client

Signed for and on behalf of Montbay Pty Ltd
montbay pty ltd
July 2000