TERMS and CONDITIONS
All Project Management services provided through Benson and Brown Marine Electrical to the Client are subject to the following terms and conditions.
Benson and Brown (B&B) reserves the right to change these terms and conditions at any time, and shall publish the current terms and conditions on our website www.bensonandbrown.com.au
These conditions shall prevail over the Clients Project, and may only be waived or varied in writing signed by B&B
The purpose of these terms and conditions are to assist the client in doing business with us, to provide structure for outside contractors, and to protect both the client and B&B.
1: Proposals and Quotations
1.1 All proposals and quotations supplied by B&B are valid for 30 days from the date of issue, unless otherwise stated or withdrawn.
1.2 Each proposal/ quotation will detail the scope of work included in the contract price. Any additional work outside the scope of the proposal/ quotation including items listed as exclusions will be subject to an additional charges or proposal / quotation.
1.3 For work to proceed, the client must agree to the proposal / quotation in writing. This can be done in the form of signing the proposal/quotation or email accounts, accepting these terms and conditions and authorising commencement of the project.
1.4 A deposit may also be required, see terms below.
2: Payment Terms
2.1 Unless alternative arrangements are agreed to in writing, the client will be invoiced on a 7-day account/Cash-on-Delivery (where applicable) by B&B as resources are expended on the project, and /or at the completion of each stage and on completion of the project.
2.2 All travel costs incurred for and whilst carrying out the service required, shall be invoiced at cost. All airfares are to be paid prior to the travel date. Travel disbursement costs to be reimbursed immediately include but not limited to Airport parking, meals, taxi transfers to & from accommodation and airports, and laundry expenses if the site visit is more than four days.
2.3 Invoices will detail all and any applicable GST.
2.4 Any job-related expenses, including disbursements and telecommunication, survey authority fees, and travelling expenses, or any charge where payment has been made to others, on behalf of the client, may be subject to a ten percent service fee plus GST.
2.5 Any costs, expenses or disbursements incurred by B&B, in the maintenance of the client’s account, including statements of account, debt collection agency fees and legal costs arising, will be on charged to the Client. This includes the costs incurred against dishonoured cheques.
2.6 Any alternate terms agreed upon between B&B and the client may require the payment of a deposit prior to the project’s commencement.
2.7 For clients experiencing any difficulty in paying their outstanding invoices, they should contact our office on +61 7 5573 6022 or email accounts; prior to their account falling due, to discuss making alternative arrangements.
2.8 Where a client account is in arrears, work may be ceased on all the respective clients’ projects until such time as this account is no longer in arrears.
3: Delivery Date
3.1 The delivery date contained in your proposal / quotation is an estimated date of completion based on current work commitments and is subject to change if other contracts are accepted, prior to the clients’ acceptance of the contract.
3.2 Delivery time frames are based on the client supplying all necessary briefings, information, documentation, measurements, appropriate data etc. when requested in a suitable timeframe.
3.3 Should the project be delayed for reasons beyond the control of B&B, and as a consequence incurs extra costs arising from having to reallocate these resources, lack of continuity and other related effects of delay, then B&B may require additional compensation from the Client.
4: Provision of Services
4.1 B&B agrees to provide the services outlined under scope of work in the proposal/quotation, in a professional manner and in accordance with generally accepted industry practice and standards.
4.2 Where B & B considers it appropriate to engage the services of peripheral consultants/contractors, we shall be responsible for all acts of said consultant, except where the consultant has provided services which are outside the level of our expertise.
4.3 All consultants and contractors engaged during the course of the project shall abide by industry standards as set by the federal and state marine industry regulatory bodies.
4.4 In the case of 4.3, B&B shall ensure that all consultants/contractors abide by their individual job processes and Terms and Conditions
4.5 In case of 4.3, 4.4, B&B shall ensure that the Client has access to aforementioned job processes and Terms and Conditions documents.
4.3 Should a delay occur in the schedule of completing our services, B&B agrees to notify the client as soon as reasonably possible in writing and estimate the time till the project’s completion.
4.5 Should the client require variations to our scope of work at any time, the client may request or require a variation to the services in writing with a full description. In the event that B&B agrees to provide the variation, we will provide a quote and timing estimate for said variations.
5: Project Cancellation
5.1 Should the client wish to cancel their proposal acceptance, they will be invoiced for any work completed to date. B&B reserves the right to charge a minimum fee of 20% of the signed proposal/quotation.
6: Good Faith and Confidentiality
6.1 Both B&B and the client shall act in good faith towards each other in respect of all dealings or matters under or in connection to the project.
6.2 The client must advise B&B as to whether any material or information communicated to B&B is of a confidential nature. B&B will keep confidential material or information communicated to B&B in confidence, except where it is reasonably necessary to enable B&B to complete the project / services.
7: Contact Details
7.1 It is the clients’ responsibility to ensure that they advise B&B in writing or email accounts to any changes to the following information:
• Project Contact
• Billing Address
• Phone Number
• Email Address
7.2 Please quote your client id or project number in correspondence. This information can be located on your proposal/quotation or invoice.
8: Insurance Policies
8.1 Whilst the agreed project and terms are in place, B&B will ensure that the project, including all respective contractors and consultants, are covered by insurance policies to perform the services under scope of work. B&B will provide the client a copy of insurance policies or certificates of currency upon reasonable request.
9: Finished Product
9.1 The client will on reasonable request of B&B for a period following the completion of the project, permit B&B to come onto the clients’ premises or the vessel as the case may be for the following purposes:
• Photographing or filming the vessel and /or project for the purposes of publishing the services of B&B
• Inspection for the purposes of a professional evaluation.
• B&B shall observe and obey any reasonable terms and conditions the client may set for such a visit, including any limit on the number of persons that may come onto the premises or the vessel.