Please read our terms of engagement below carefully.

 

1. Rockfield Technologies Australia Pty. Ltd. shall provide to the Client the consulting engineering services described or referenced in the Engineer’s Offer and/or in the Client’s Letter of Commission.

2. In providing the services, Rockfield Technologies Australia Pty. Ltd. shall exercise the degree of skill, care and diligence normally exercised by consulting engineers in similar circumstances.

3. The Client shall provide to Rockfield Technologies Australia Pty. Ltd. briefing and all information concerning the Client’s requirement for the commission.

4. The Client shall pay to Rockfield Technologies Australia Pty. Ltd. the Fee and the Reimbursable Expenses as set out or referenced in the Project Specification and/or or in the Client’s Letter of Commission.

5. Where the approved program for the Project extends over more than one 28 day costing period, Rockfield Technologies Australia Pty. Ltd. shall be entitled to payment of progress amounts for services performed and reimbursable expenses incurred progressively on the works. Final accounts may be lodged immediately on completion of the Project.

6. All monies payable by the Client to Rockfield Technologies Australia Pty. Ltd. shall be paid within 30 days of invoice. Monies not paid within that period shall attract interest from the date of invoice payment, at the Commonwealth Bank Indictor Lending Rate applicable at the time, plus 2%. Further, if the Client does not pay the account within 30 days and fails to initiate the disputes procedure in Part 14 hereof within a further 14 days, Rockfield Technologies Australia Pty. Ltd. shall not be liable for any damages which may result.

7. In undertaking the project Rockfield Technologies Australia Pty. Ltd. may rely upon and presume accurate certain information (or lack thereof) regarding geometry, material properties and operating conditions. Except as otherwise stated in the consulting report, Rockfield Technologies Australia Pty. Ltd. may not verify the accuracy or completeness of any such information. The findings, observations and conclusions expressed in the report are not and should not be considered, an opinion concerning the fitness for purpose of any particular design. No warranty, or guarantee, whether expressed or implied, is made with respect to the data not directly measured during this investigation, or to the observations and conclusions expressed as a result of that data.

8. In preparing the consulting report on behalf of and for the exclusive use of the Client, Rockfield Technologies Australia Pty. Ltd. accepts no liability or responsibility whatsoever for or in respect of any use or reliance upon this report by any third party.

9. The liability of Rockfield Technologies Australia Pty. Ltd. to the Client in respect of the project shall be limited to the amount of fees received from the Client by Rockfield Technologies Australia Pty. Ltd.

10. After the expiration of (1) one year from the date of invoice in respect of the final amount claimed by Rockfield Technologies Australia Pty. Ltd. pursuant to Clause 4, Rockfield Technologies Australia Pty. Ltd. shall be discharged from all liability in respect of the services whether under the law of contract, tort or otherwise.

11. Copyright in all drawings, reports, specifications, bills of quantity, calculations and other documents provided by Rockfield Technologies Australia Pty. Ltd. in connection with the project shall remain the property of Rockfield Technologies Australia Pty. Ltd.. Electronic models developed by Rockfield Technologies Australia Pty. Ltd. will not be provided as part of the scope of supply, nor will they be provided for review by external parties and will remain the property of Rockfield Technologies Australia Pty. Ltd. The geometric configurations that result from this consulting investigation will become the property of the Client. All computational and constitutive knowledge developed as part of the project will remain the property of Rockfield Technologies Australia Pty. Ltd.

12. Subject to Clause 13, the client alone shall have a licence to use the documents referred to in Clause 11 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.

13. If the Client is in breach of any obligation to make a payment to Rockfield Technologies Australia Pty. Ltd., Rockfield Technologies Australia Pty. Ltd. may revoke the licence referred to in Clause 12 and the Client shall then cause to be returned to Rockfield Technologies Australia Pty. Ltd. all documents referred to in Clause 11 and all copies thereof.

14. These Terms shall be governed by the laws of Queensland, Australia. “If the Client and Rockfield Technologies Australia Pty. Ltd. are in dispute regarding any matter arising out of the commission, then the matter in dispute shall be referred to the Australian Commercial Disputes Centre Limited (ACDC) in Brisbane, Queensland, Australia for conciliation in accordance with the Conciliation Rules of the ACDC. If the dispute has not been resolved within 28 days after the appointment of the conciliator, the dispute shall be submitted to arbitration, administered by the ACDC and conducted in accordance with and subject to the laws of the State of Queensland. Nothing in this Clause shall, however, prevent Rockfield Technologies Australia Pty. Ltd. from instituting legal action to recover monies owing by the Client to Rockfield Technologies Australia Pty. Ltd.

15. The Client may terminate his obligations under this agreement:

a) In the event of substantial breach by Rockfield Technologies Australia Pty. Ltd. of their obligations hereunder, which breach has not been remedied within 30 days of written notice from the Client requiring the breach to be remedied, or

b) upon giving Rockfield Technologies Australia Pty. Ltd. 60 days written notice of their intention to do so.

16. Rockfield Technologies Australia Pty. Ltd. may suspend or terminate their obligations under this Agreement:

a) In the event of:

i)Monies payable to Rockfield Technologies Australia Pty. Ltd. hereunder being outstanding for more than 60 days;

ii) other sustainable breach by the Client of his obligations hereunder, which breach has not been remedied within 30 days of written notice from Rockfield Technologies Australia Pty. Ltd. requiring the breach to be remedied, or

b) upon giving the Client 60 days written notice of his attention to do so.

17. If Rockfield Technologies Australia Pty. Ltd. considers it appropriate to do so, they may with the Client’s prior approval, which shall not be unreasonably withheld, engage another consultant to assist in specialist areas. The Client accepts responsibility for all monies payable to such other consultant.

18. Neither party may assign, transfer or sublet any obligation under this Agreement without the written consent of the other. Unless stated in writing to the contrary, no assignment, transfer or subletting shall release the assignor from any obligation under this Agreement.

19. In the event Rockfield Technologies Australia Pty. Ltd. seeks to publish the work undertaken in the form of a paper or other presentation that does not divulge proprietary information regarding the Client’s operations or other confidential information obtained from the Client in the process of this work, approval for such a publication shall not be unreasonably withheld.

20. These Terms may not be varied except by the written agreement of both parties. For clarity, any additional terms or conditions contained in a Client’s purchase order shall not be binding on Rockfield Technologies Australia Pty Ltd notwithstanding acceptance of the purchase order.

If you have any questions or concerns please contact us at solutions@rocktech.com.au