Conditions of Engagement for Surveying Services
About Axis Surveys
Axis Surveys Pty Ltd (Axis Surveys), is a consulting surveying company offering professional surveying services to their clients as shown on the client agreement or the quote document (the client), in accordance with the following standard terms and conditions.
The client agrees to be bound by and abide with the standard terms and conditions as detailed below.
No amendment or variation of the Axis Surveys standard terms and conditions is valid or binding unless it is in writing and signed by a Director or by a duly appointed authorised officer of Axis Surveys.
The client agreement is valid for the time period as shown on the agreement document. Any surveying services completed outside the agreement period will be charged at our usual relevant rates.
All quotations are valid for a period of three months from the date of the quotation.
Scope of Works
The client shall provide to Axis Surveys all the necessary information and specifications required for Axis Surveys to complete the project. It is the client’s responsibility to ensure the correct and current information is supplied to Axis Surveys. The nature and extent of the services provided by Axis Surveys is detailed in the client agreement or the quote documentation and agreed upon prior to commencement of the works.
Services & Project Team
Axis Surveys shall provide a suitably experienced or qualified team to provide the services as specified in the scope of works. Team members may vary from time to time and the client must provide reasonable access to allow Axis Surveys to provide the service. Axis Surveys may need to clear vegetation to allow a line of sight to enable us to measure to survey marks and improvements as part of our work, and the client agrees to allow Axis Surveys to clear such vegetation as required for them to be able to perform their duties and to leave the cleared vegetation on site. The client also agrees to indemnify Axis Surveys from any claims resulting from the clearing of vegetation, as required.
Intellectual Property / Copyright
All plans and documentation associated with or arising from the service is the property of Axis Surveys.
No plans or documentation can be given, reproduced or distributed to any person, public authority, organisation, company or institution without the express permission of a duly authorised representative of Axis Surveys. Axis Surveys retains copyright on all data, plans and documentation associated with any job or project.
Licence to Use Plans & Documentation
Axis Surveys will grant the client a license to use the data associated with the project, on the following conditions:-
- All fees due and owing to Axis Surveys have been paid.
- The information is used only for the purpose that it was intended for (for example, if a contour / detail survey was completed on a particular site in the understanding that the existing building/s is/are to be demolished, then that plan should not be used to design additional structures or renovations to the existing building/s), without firstly contacting Axis Surveys to determine if the plan is suitable for the alternative use.
- The plan will not be distributed to a third party for whatever reason without the written permission of Axis Surveys.
- The licence applies only to the project or the relevant part of the project to which the information relates.
- The client agrees to read and abide by all the alerts and disclaimers Axis Surveys shows or refers to as part of our products and to ensure the alerts and disclaimers are not removed or altered in any way and the alerts and disclaimers should be read in conjunction with and form part of the relevant Axis Surveys product.
Fees & Payment Terms
The fees for the project shall be based on the agreed hourly rates or fixed rates applicable and as agreed to in writing. Invoices will be sent at the completion of the service or every month as progress claims where a project extends for more than a month.
Reasonable adjustments to the fee and any reimbursable expenses losses or other amounts incurred by Axis Surveys in the performance of the services and in connection with any event outside the control of Axis Surveys can be included in the invoiced amount. Invoices are to be paid in full as agreed or if no time period specified within 30 days of the date of the invoice.
Cancellation / Termination
Termination or suspension of this contract may be done by the client giving Axis Surveys 14 day’s written notice.
Axis Surveys reserves the right to recover any costs, losses, damages or expenses as a result of termination.
Axis Surveys may terminate the agreement as entered into with the client under the following situations:-
- If the client defaults on the due and punctual compliance of any of its obligations under the agreement.
- In the event the client fails to provide an adequate scope of works or associated instructions.
- In the event that the client requires Axis Surveys to act in an unlawful or unethical manner.
- In the event that monies due and payable to Axis Surveys in relation to these terms and conditions are outstanding for more than thirty (30) days.
- In the event of any other breach by the client of its obligations under the agreement which is not remedied within thirty (30) days, of written notice from Axis Surveys to do so.
If the agreement is terminated by either party, the client is still obligated to pay all monies owed to Axis Surveys for services performed up to and including the date of termination, including any costs incurred by Axis Surveys as part of the termination process.
Axis Surveys shall be entitled to charge interest on overdue invoice amounts, which shall accrue from the date when payment becomes due daily until payment is received at a rate of two (2) % per calendar month.
All claims for payment made by Axis Surveys shall be subject to the Building Industry Fairness (Security of Payment) Act (QLD) 2017, or equivalent legislation in the State in which the scope of works is completed.
Should recovery action become necessary, the full cost of recovery including solicitor’s fees and any credit agency fees will also be invoiced to and be payable by the client.
Axis Surveys may suspend or terminate the supply of goods or services until all outstanding invoices have been paid in full.
Variation to Costs and Withdrawal of Services
Axis Surveys reserves the right to withdraw our services and renegotiate an amended fee for any job that we find takes significantly longer or is more complex than was originally quoted on. The client is still obligated to pay all monies owed to Axis Surveys for services performed up to and including the date of withdrawal, including any costs incurred by Axis Surveys as part of the withdrawal process. Any plans or work completed up until the date of withdrawal by Axis Surveys will be released to the client after payment of all relevant invoices, so the client can obtain alternative quotes for the work in the marketplace.
Dispute Resolution and Back Charges
Axis Surveys will not accept any “back charge” from the client without our written instruction or agreement to do so. If there is a problem, for whatever reason, in relation to any product produced by Axis Surveys, the work as ordered must still be paid for in full, and any issues associated with the product or any relevant damages incurred will be dealt with as a separate issue which will include Axis Surveys notifying their Professional Indemnity Insurer of a possible claim.
If there is a dispute between the parties, either party can serve notice on the other detailing the issue/s and requiring that senior representatives of both parties meet and attempt to resolve the dispute within five (5) working days.
If the dispute is not settled within a further five (5) working days after the meeting, the parties shall agree to refer the matter to a single mediator, as agreed to or as appointed by a suitable local surveying association or as nominated by the Institute of Mediators and Arbitrators, with the cost being shared equally between the two parties, or as determined by the mediator.
Goods and Services Tax (GST) shall be paid on the Axis Surveys fees in accordance with the relevant applicable taxation laws at the time. The amount of GST will be identified separately in any fee proposal or quote, and on all tax invoices.
PROJECT SITE ACCESS & RESCHEDULING
Access arrangements to the site are the responsibility of the client. The price quoted assumes that the site is ready for us to perform our survey work and that access is unhindered. The client must ensure that the site is a safe working environment and clear of plant and equipment and materials and complies with all workplace health and safety requirements and that any potential dangers are communicated to Axis Surveys, and that any other trades working on the site are instructed to stop work so Axis Surveys staff can safely complete their work.
If other trades working on site refuse to stop work to allow Axis Surveys to complete their work safely, Axis Surveys reserves the right to stop work and charge the client for a site visit, and to request the work be rescheduled when other trades are not on site. Any delays or rescheduling costs incurred will be an additional charge to the client. The client will have no claim for any delays caused by Axis Surveys having to leave the site, or if the job needs to be rescheduled due to a work place health & safety issue or direction.
Should access to a site require an induction process for Axis Surveys staff, the cost of attending such an induction will be the responsibility of the client.
It is the responsibility of the client to read and abide by all the alerts and disclaimers Axis Surveys shows or refers to as part of any of our products.
Axis Surveys does not accept any responsibility for delays or damages caused through no fault of Axis Surveys.
All of Axis Surveys products should only be used for the purpose they were intended to be used for and Axis Surveys accepts no responsibility for the incorrect use of any of its products by our client or any third party.
It is the client’s responsibility to supply Axis Surveys with the correct and current version of any plans or information Axis Surveys needs for us to be able to complete the work.
Axis Surveys accept no responsibility for any inaccuracy, error or omission in the information provided to Axis Surveys by the client or another consultant.
It is the client’s responsibility to carry out relevant property searches such as flooding checks and to obtain a copy of the Title Search over any relevant properties to check for easements and other encumbrances or covenants that may restrict the use of relevant properties.
Axis Surveys is able to assist with flood and other property searches and Title Searches if specifically instructed to do so by our client for an agreed fee, but it should be noted that this is not part of our standard service and if required must be requested separately by the client.