Legal
Terms & Conditions
Service Terms & Conditions
1. Agreement
The contract comprises terms of engagement, scope of services, payment terms, and conditions. The agreement is governed by Queensland law and jurisdiction.
2. Role of Assured Environmental
The company performs services per agreement, consults throughout, advises of material changes, and works within reasonable control to meet timelines.
3. Role of the Client
The client provides necessary information and documents promptly, obtains required approvals and permits, and acknowledges services exclude legal, financial, accounting, or insurance advice.
4. Payment
Invoices are due within 30 days. Disputed amounts should be paid for undisputed portions while notifying reasons for dispute. Interest on amounts outstanding for more than 30 days will be calculated at 10% per annum (compounded daily). Debt collection costs and legal fees apply if unpaid. Additional fees apply for scope changes, delays, or force majeure circumstances.
5. Warranty & Liability
Work meets professional engineering standards. Clients have 12 months to report substandard work. The company excludes liability for indirect, consequential, or economic losses. Under the Competition and Consumer Act 2010, liability for breached implied terms is limited to service re-supply or cost reimbursement. Aggregate liability caps at the lesser of payment amount or $1 million.
6. Force Majeure
Obligations suspend during force majeure events while parties work to resolve them.
7. Confidentiality
Information is solely for client use. Neither party disseminates or copies information without express approval.
8. Insurance
The company maintains workers compensation, public liability, professional indemnity, and motor vehicle insurance. Clients must endorse the company as co-insured on contract works policies.
9. Third-Party Work
The company bears no responsibility for construction contractors' methods, work, or acts.
10. Sampling & Site Access
Clients provide reasonable access to worksites. Clients are liable for equipment replacement/repair costs and associated monitoring fees if equipment is lost or damaged on-site. Clients ensure safe access to sampling locations.
11. Deliverables
Reports are typically delivered electronically (PDF/Excel). Hardcopy reports incur additional fees.
12. Delay Costs
Hourly rates apply for delays beyond the company's control, including force majeure and weather. Equipment downtime charges apply.
13. Hours of Work
Standard hours are 7:30 AM – 5:00 PM weekdays. Night shifts (weekdays outside these hours) incur 50% surcharge. Weekends attract 50% surcharge. Public holidays carry 100% surcharge.
14. Variances
Scope changes incur additional fees, confirmed via email.
15. Results Guarantee
The company offers no guarantee that test results will be as predicted by the client. Investigations occur if results are questioned; withheld payment isn't accepted if no fault is found.
16. Cancellation & Postponement
Moving projects incurs 10% administration fee plus associated costs (freight, flights, management). 30 hours' notice required for site work changes affecting travel.
17. Project Commencement
Projects begin upon purchase order receipt. Standard lead time is 2 weeks; expedited mobilization incurs additional fees.
18. Hourly Rates
Additional work uses submitted proposal rates; additional expenses charge at cost plus 10% administration.
19. Sub-Consultants
The company exercises reasonable care; sub-consultants remain responsible for their services.
20. Copyright
The company retains copyright to all reports, drawings, and work product. Clients receive licensing rights for the subject project. Copyright assignment requires written agreement.
Equipment Rental Terms & Conditions
Equipment rental covers delivery, hire periods, payment (due within 14 days), expendable items, insurance, equipment inspection, modifications, and termination. The hirer assumes entire risk of loss or damage including consequential losses and must insure equipment independently. Equipment remains company property.