1. Service Agreement
1.1. These Terms and Conditions apply to all services provided by Torple Enviro (“Torple Enviro”) to its client (“The Client”) upon commencement of a service engagement. A service contract is deemed to have commenced once written approval is received from The Client.
2. Variation of Agreement
2.1. The Terms and Conditions in force at the time the contract is initiated shall remain applicable for the duration of the agreement, regardless of any subsequent updates made by Torple Enviro. Any modification to these Terms and Conditions may only be made by Torple Enviro.
2.2. Fee proposals issued by Torple Enviro must be accepted within 60 calendar days from the date of issue. After this period, fees may be subject to variation. Any extension to the validity of a fee proposal is subject to mutual agreement and consideration of both parties’ interests.
3. Rights and Obligations
3.1. The Client is responsible for providing accurate, complete, and lawful information to Torple Enviro. All services will be delivered based on the information supplied by The Client at the time of application and submission.
3.2. Torple Enviro does not accept third-party Terms and Conditions that fall within the scope of the services requested by The Client. Where either party identifies a potential conflict of interest, the other party must be notified as soon as reasonably practicable.
3.3. All assessments are undertaken by an accredited assessor or by non-accredited personnel operating under the direct supervision of an accredited assessor.
3.4. Torple Enviro shall perform all services outlined in the fee proposal with due care, skill, and diligence, in accordance with the standards reasonably expected of the consulting engineering profession in Australia.
3.5. If The Client proposes any changes to project plans, specifications, or other relevant characteristics, Torple Enviro reserves the right to revise fees, rates, and service delivery timelines at its discretion.
4. Payment Terms
4.1. Full payment must be received prior to the release of final reports and certifications. Approximately 90% of the service is deemed complete upon issuance of the draft report, at which point payment becomes due.
4.2. Torple Enviro reserves the right to issue monthly invoices for approved projects that have not yet reached the final reporting stage.
4.3. All invoices are payable immediately upon receipt. Overdue payments may attract statutory interest calculated at the Reserve Bank Rate plus 2%, unless otherwise agreed in writing by both parties.
4.4. Should Torple Enviro engage a debt collection agency to recover outstanding amounts, The Client agrees to reimburse all reasonable costs incurred, including legal, court, filing, and service fees.
4.5. Fee proposals are based solely on the information available at the time of quoting. If additional or revised information arises after commencement of work, Torple Enviro reserves the right to suspend services until a revised quote is accepted by The Client.
4.6. Once final drawings have been stamped and issued, any re-stamping or re-certification will incur additional fees.
4.7. Service delivery timeframes commence upon receipt of all required and complete documentation. Torple Enviro will use best endeavours to meet or exceed the delivery timeframe stated in the fee proposal or correspondence but accepts no liability beyond these commitments.
4.8. A 2% surcharge applies to credit card payments. AMEX is not accepted.
4.9. Cheques are not accepted as a payment method.
4.10. Re-issuing a BASIX Certificate with an updated expiry date incurs a fixed fee of $75+ GST.
4.11. Re-issuing a NatHERS Certificate with an updated expiry date incurs a fixed fee of $75+ GST.
4.12. Variation works will be charged at the following hourly rates:
- Residential Services: $120 + GST per hour
- Commercial Services: $200 + GST per hour
- Performance Solutions: $250 + GST per hour
5. Confidential Information
5.1. Torple Enviro will not disclose The Client’s name, contact details, or project information, except where required to fulfil the requested services.
5.2. Fee proposals and contractual documents must not be disclosed to third parties by either party, except where required by authorised government bodies.
5.3. The Client is responsible for the secure and lawful use of all materials supplied by Torple Enviro and must not distribute such materials to any party that may reproduce or use them unlawfully.
6. Copyright and Ownership
6.1. Upon full payment of all agreed fees, certificates, reports, drawings, and related materials become the property of The Client. These materials must not be altered, modified, or reproduced other than as originally delivered. Any post-delivery changes to project plans will require a new service engagement and fee approval.
6.2. Copyright remains with Torple Enviro until full payment has been received. Intellectual property rights remain with Torple Enviro even after payment. Use of unpaid documentation constitutes a breach of copyright and may result in recovery action and damages.
7. Limitation of Liability
7.1. Torple Enviro shall not be liable for any loss or damage arising from the use of materials provided as part of the requested services. The Client indemnifies Torple Enviro against any third-party claims arising from such use.
All liability in relation to the services is extinguished one (1) calendar year from the date of receipt of the final invoice.
8. Entire Agreement
8.1. This agreement constitutes the entire understanding between the parties and supersedes all prior communications, representations, and agreements, whether written or verbal
9. Applicable Law
9.1. Any dispute arising out of or in connection with this agreement shall be determined by a court of competent jurisdiction within the State of Victoria, Commonwealth of Australia.
9.2. This agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Commonwealth of Australia.
9.3. This document constitutes a payment claim under the applicable Security of Payment legislation, including but not limited to the Building and Construction Industry Security of Payment Act 2002 (Victoria), or the corresponding Security of Payment legislation applicable in other Australian states or territories where the works are carried out.
10. Termination
10.1. Upon termination of this agreement, The Client must pay for all work completed up to the date of termination, including any costs or disbursements already incurred.
