Terms of Engagement

1. The Consultant shall provide to the Client the consultancy services described in this document together with such other services as may be agreed from time to time.

2. The Consultant shall provide the services with such skill, care and diligence as is generally exercised by competent persons performing services of a similar nature.

3. If the Consultant considers it appropriate to do so it may recommend other consultants to assist in specialist areas. Any other consultants shall be engaged by the Client at the Client’s own expense and risk.

4. Where services are to be performed at the site the Client must provide reasonable access to allow the services to be performed.

5. The Client will, at its own cost, as soon as practical make available to the Consultant all information, documents, instructions and other particulars relating to the Client’s requirements for the project.

6. The Client will pay to the Consultant the total fee inclusive of GST as set out in this document together with such other amounts in respect to other services agreed to from time to time.

7. The Consultant may claim progress payments in accordance with the schedule set out in this document and the Client must pay without set-off within 7 days of the invoice date. Interest will accrue on any unpaid debt at the rate of 2.0% per month.

8. The Consultant’s liability to the Client arising out of this agreement for any non- performance or breach of performance shall be limited to either supplying the relevant service again or to the cost of having the service supplied again. In no case shall the total liability of the Consultant exceed the total fee payable to the Consultant. Where the matter is to be heard by a Court or Tribunal the Consultant makes no guarantee of success and the Client agrees to make full payment to the Consultant regardless of the outcome.

9. Any dispute or difference between the Client and the Consultant may be notified by one party to the other and the parties shall firstly meet to resolve the dispute and secondly if the dispute remains unresolved arrange a mediation administered by the Institute of Arbitrators and Mediators Australia. Provided however that this provision shall not prevent the Consultant from instituting legal action at any time to recover monies owing by the Client.

10. This agreement may be suspended or terminated by one party after giving 14 days’ notice following insolvency or a breach of agreement of the other party where the breach cannot be remedied.