(a) Anderson Environmental Pty Ltd will provide services using reasonable care and skill and in accordance with the Client’s specific instructions as confirmed by Anderson Environmental Pty Ltd or, in the absence of such instructions:
i.) The terms of any standard order form or standard specification sheet of Anderson Environmental Pty Ltd; and/or,
ii.) Any relevant trade custom, usage or practice; and/or,
iii.) Such methods as Anderson Environmental Pty Ltd shall consider appropriate on technical, operational and/or financial grounds.
(b) Information provided in reports and conclusions from Anderson Environmental is derived from the results of inspection and/or testing procedures carried out in accordance with the instructions of the Client, and/or our assessment of such results on the basis of any technical standards, trade custom or practice, or other circumstances which should in our professional opinion be taken into account. Disclosure of all information from the client is expected as part of this agreement.
(c) Reports of Findings issued by the Anderson Environmental Pty Ltd reflect the facts as recorded by it at the time of its assessment only and within the limits of the instructions received or, in the absence of such instructions, within the limits of the alternative parameters applied as provided for in clause 2(a). Anderson Environmental Pty Ltd is under no obligation to refer to, or report upon, any facts or circumstances which are outside the specific instructions received or alternative parameters applied. Reports and findings can quickly change due to site conditions and as such some reports and assessments may be rendered “out of date” after a period of time which may be less than 6 months depending on site influences/activities. Any information collected by Anderson Environmental Pty Ltd becomes its property to be used as it sees fit and this may include disclosure of certain information for promotional purposes including photographs and project information. All information provided is strictly copyright and requires written permission to be used by any other party other than the client and/or a consent authority.
(d) Should Anderson Environmental Pty Ltd receive documents reflecting engagements contracted between the Client and third parties or third party documents, they are considered to be for information only, and do not extend or restrict the scope of the services or the obligations accepted by the Company.
(e) The Client acknowledges that Anderson Environmental Pty Ltd, by providing the services, neither takes the place of the Client or any third party, nor releases them from any of their obligations, nor otherwise assumes, abridges, abrogates or undertakes to discharge any duty of the Client to any third party or that of any third party to the Client.
(f) The Company may delegate the performance of all or part of the services to an agent or subcontractor and the Client authorises the Company to disclose all information necessary for such performance to the agent or subcontractor.
The Client will:
(a) Ensure that sufficient information, instructions and documents are given in a timely manner to enable the required services to be performed;
(b) Procure all necessary access for the Anderson Environmental Pty Ltd staff to the site/premises where the services are to be performed and take all necessary steps to eliminate or remedy any obstacles to, or interruptions in, the performance of the services;
(c) Supply, if required, any special equipment and personnel necessary for the performance of the services;
(d) Ensure that all necessary measures are taken for safety and security of working conditions, sites and sampling during the performance of services and will not rely, in this respect, on Anderson Environmental Pty Ltd advice whether required or not, (including locates for underground services);
(e) Inform the Anderson Environmental Pty Ltd in advance of any known hazards or dangers, actual or potential, associated with any order or samples or testing including, for example, presence or risk of radiation, toxic or noxious or explosive elements or materials, environmental pollution or poisons or other risks that may be posed to staff undertaking the work;
(f) Fully exercise all its rights and discharge all its liabilities under any relevant sales or other contract with a third party and at law.
Fees and Payment
(a) Fees not established between Anderson Environmental Pty Ltd and the Client at the time the order is placed or a contract is negotiated shall be at the Company’s standard rates (which are subject to change) and all applicable taxes shall be payable by the Client.
(b) Fees will be paid by the Client to Anderson Environmental Pty Ltd are at the rate of 50% upon commencement of the works and full payment is due before release of any report to the client.
(c) The Client shall not be entitled to retain or defer payment of any sums due to the Anderson Environmental Pty Ltd on account of any dispute, counter claim or set off which it may allege against Anderson Environmental Pty Ltd.
(d) Anderson Environmental Pty Ltd may elect to bring action for the collection of unpaid fees in any court. Unpaid fees will accrue interest at a rate of 1.5% per month (or such other rate as may be established in the invoice) from the Due Date up to and including the date payment is actually received.
(e) The Client shall pay all of the Company’s collection costs, including legal fees and related costs.
(f) If Anderson Environmental Pty Ltd is unable to perform all or part of the services for any cause whatsoever outside its control including failure by the Client to comply with any of its obligations above, the Company shall nevertheless be entitled to payment of:
i.) The amount of all non-refundable expenses incurred by the Company; and,
ii.) A proportion of the agreed fee equal to the proportion of the services actually carried out.
Liability and Indemnification
(a) Limitation of Liability
i.) Anderson Environmental Pty Ltd is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
ii.) Reports of Findings are issued on the basis of information, documents and/or samples provided by, or on behalf of, the Client and solely for the benefit of the Client who is responsible for acting as it sees fit on the basis of such Reports of Findings. They are issued in good faith and do not guarantee approval or acceptance by any regulatory authority. Neither Anderson Environmental Pty Ltd nor any of its officers, employees, agents or subcontractors shall be liable to the Client nor any third party for any actions taken or not taken on the basis of such Reports of Findings nor for any incorrect results arising from unclear, erroneous, incomplete, misleading or false information provided to the Company. Likewise:
iii.) Anderson Environmental Pty Ltd shall not be liable for any delayed, partial or total non-performance of the services arising directly or indirectly from any event outside its control including failure by the Client to comply with any of its obligations hereunder.
iv.) The liability of Anderson Environmental Pty Ltd in respect of any claim for loss, damage or expense of any nature and howsoever arising shall in no circumstances exceed the total fee paid for the work.
v.) Anderson Environmental Pty Ltd shall have no liability for any indirect or consequential loss (including loss of profits).
vi.) In the event of any claim, the Client must give written notice to Anderson Environmental Pty Ltd within thirty (30) days of discovery of the facts alleged to justify such claim and, in any case, the Company shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year from:
– The date of performance by Anderson Environmental Pty Ltd of the service which gives rise to the claim; or,
– The date when the service should have been completed in the event of any alleged non-performance.
(b) Indemnification: The Client shall guarantee, hold harmless and indemnify Anderson Environmental Pty Ltd and its officers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any services.