1. NFCert Building Certifiers shall perform the services as listed in the “Description of Services” (“the Services”), in accordance with these conditions and the attached Letter of Fee Proposal which, when read together, form the contract (“the Contract”) between you (“the Client”) and CertOne Building Certifiers.
2. NFCert Building Certifiers must perform the Services to the standard of skill, care, and diligence as is reasonably expected of a consultant performing the same or similar services.
3. The Client and NFCert Building Certifiers may agree in writing to vary the Services. The value for each variation shall be calculated based on the Fee, or as agreed between NFCert Building Certifiers and the Client. Time for performing the Services shall be extended by a time equal to the variation.
4. The Client must pay to NFCert Building Certifiers the Fee, the Reimbursable Expenses, the value of any Contingency Fees, and any reasonable costs incurred by NFCert Building Certifiers in performing its obligations under this Contract and agreed to by the Client.
5. The Client must ensure that a proposed complying development is located clear of all easements on the allotment, as shown on the deposited plan, and complies with any restriction listed in the 88B instrument.
6. Overdue payments will be subject to compound interest charged at the bank bill standard yield rate, as displayed by Reuters, for the unpaid period plus two per cent per annum calculated daily. NFCert Building Certifiers may immediately stop performing the Services if the Client fails to pay any fees that are due and payable to NFCert Building Certifiers under this Agreement (“Outstanding Fees”). NFCert Building Certifiers must recommence the Services as soon as the Client has paid all Outstanding Fees.
7. The Client must provide to NFCert Building Certifiers all relevant, up-to-date, and accurate information and documents relevant to the Services at the commencement, and during the term of, this Contract. NFCert Building Certifiers may rely on information and documents provided by the Client, but is under no duty to verify their accuracy or completeness.
8. NFCert Building Certifiers liability to the Client is limited to quoted fee project. Liability is further reduced when it arises out of or in connection with any negligent act or omission or breach of contract by the Client. Neither party is liable to the other for loss of actual or anticipated revenue or profits, increased capital or financing costs, increased operational costs or increased costs of borrowing, pure economic loss, exemplary or punitive damages, or indirect or consequential damages.
9. Twelve (12) months from the date of NFCert Building Certifiers final inspection, or where a final inspection has not been requested by the Client, the last inspection undertaken by NFCert Building Certifiers, each party releases the other from all current and future liability, save for any claim or dispute that has been notified in writing before that date.
10. NFCert Building Certifiers does not accept any liability, whether directly or indirectly, for any liability or loss suffered or incurred by any person or third party placing any reliance on the performance of the Services or any documents, materials or advice arising from or in connection with the Services.
11. The Client indemnifies NFCert Building Certifiers from any claim by, or liability to, a third party regarding third party use of, or reliance on, the Services.
12. This Contract constitutes the entire contract for the performance of the Services and supersedes all previous arrangements, correspondence, tenders, representations, proposals, understandings, and communications, whether written or oral.
13. Intellectual property rights in any drawings, reports, specifications, calculations, and other documents provided, or created by NFCert Building Certifiers in connection with the performance of the Services, remain the property of NFCert Building Certifiers
14. NFCert Building Certifiers does not accept liability, whether directly or indirectly, for any damages or costs associated with the inability to issue an Occupation Certificate due to, but not limited to, unapproved/illegal building works, non-compliance with development consent conditions, unsatisfactory final inspections, missed critical stage inspections, non-compliance with approved building plans, or failure to pay the required fees.
15. Any dispute between the Client and NFCert Building Certifiers may be notified in writing by a party to the other party. If a dispute is to be notified, it must be delivered by hand or registered post, and adequately detail the dispute. Within seven (7) days of service of a notice, senior representatives from each party with authority to settle the dispute must meet and use best endeavours to resolve the dispute. If the dispute is not resolved within seven (7) days (or other period as agreed between the parties), either party may by written notice refer the dispute to a mediator appointed by both parties, or failing such agreement, appointed by the President of the Institute of Arbitrators and Mediators Australia. If the dispute is not resolved by mediation, either party may commence legal proceedings or such alternative dispute resolution proceedings as agreed in writing by the parties. A party cannot commence legal proceedings unless it has issued a notice under this clause and the requirements of this clause have been complied with.
