Phone

03 5441 4881

Email

info@gts.com.au

Terms & Conditions

Definitions and Interpretations

  1. “GTS” means Geotechnical Testing Services
  2. “Client” means the person, persons, businesses or companies who engages GTS to conduct the works.
  3. “Contract” means any agreement made between GTS and the Client covering the services offered and pricing for the services
  4. “Project” means any and all works conducted for the Client
  5. “Quotation” means quotes, fee proposals, bids or any other written documentation (including emails) given to the Client explaining the services being provided by GTS and the pricing for the services
  6. “Services” means professional geotechnical, civil, construction materials testing, environmental, forensic, engineering, drafting or any other services detailed in the quotation issued or invoice provided for the works
  7. “Variations” mean any change to the services detailed in the quotation

Terms and Conditions

  1. The Client shall provide to GTS briefing, all information and instructions concerning the Client’s requirements for the project/works.
  2. GTS conducts all works and prepares quotations based on the information provided by the Client. Should conditions/instructions be different to the information originally given by the Client we reserve the right to amend our prices.
  3. GTS shall provide to the Client the services described in the quotation together with such other services as may be agreed upon from time to time.
  4. Should variations to the agreed upon works need to be made by either party then the changes shall be documented, in writing, with the changes agreed to by both parties, in writing, prior to the additional works commencing.
  5. In providing the services, GTS shall exercise the degree of skill, care and diligence normally exercised in similar circumstances.
  6. The Client shall ensure that the site to be tested is accessible and conditions are suitable for commencement of works. Should GTS access the site and, due to ground, inclement conditions or any other reason, cause damage to the site the client will accept responsibility.
  7. Should GTS attend the site and determine conditions are not suitable to carry out works or be unable to conduct works, for reasons beyond GTS’s control, the client will incur an attendance fee and/or travel costs in addition to the amount of the originally agreed upon.
  8. If the Client is aware of the location of services, it is the Client’s responsibility to advise GTS of their location.
  9. GTS will make every effort to locate and avoid services with the use of DBYD and licensed service locators when planning and undertaking works however should services be impacted while conducting works, when GTS has undertaken all due diligence, then the Client will accept all responsibility.
  10. The Client will ensure any livestock or pets are safely contained and pose no danger to GTS staff.
  11. The Client shall pay to GTS the fees as agreed to, or as set out in the quotation, together with any other amounts in respect of other services agreed to be provided.
  12. Should the project be postponed or cancelled by the client if accommodation has been booked by GTS and GTS is unable to cancel or get a refund for the accommodation then the Client will be invoiced for the costs incurred.
  13. Should the project be cancelled by the Client or GTS prior to completion the Client is still liable for all fees and costs incurred prior to the date of cancellation.
  14. All moneys payable by the Client to GTS shall be paid within 30 days of invoice unless otherwise agreed to. Moneys not paid within that period shall attract interest from the date of invoice until payment is received.
  15. Should the invoice be unpaid after 90 days the debt may be passed on to a debt collector to recover. In this case the client will also be charged for our debt collection costs, any legal costs and an administrative fee.
  16. The liability of GTS to the Client in respect of the agreed services to be provided shall be limited to the amount paid by the insurer(s) under the insurance policies GTS has in place at the time of the contract.
  17. Except as specifically provided for in the contract, neither the Client or GTS or the employees, agents or subcontractors shall be liable to each other for any direct, indirect or consequential loss of damage of any nature whatsoever, whether based on contract, warranty, tort other otherwise, including but not limited to those arising out of loss of product, loss of production or loss of profits however arising.
  18. Copyright and intellectual property right (registered or unregistered) of all drawings, reports, specifications, bills of quantity, calculations and other documents provided by GTS in connection with the project shall remain the property of GTS.
  19. The Client alone shall have a licence to use the documents provided by GTS in respect to the works conducted for the purpose of completing the project, but the Client shall not use, or make copies of, such documents in connection with any work not included in the project for which the services are provided.
  20. If the Client is in breach of any obligations to make a payment to GTS, GTS may revoke the licence referred to in Clause 19, and the Client shall then promptly cause to be returned to GTS all documents referred to in Clause 18 and all copies thereof.
  21. Any drawings, reports, specifications, bills of quantity, calculations or other documents provided by GTS shall not be released to a third party without written consent first being obtained from the Client.
  22. Any dispute between the Client and GTS shall first be the subject of mediation provided that this provision shall not prevent GTS from instituting legal action at any time to recover moneys owing by the Client to GTS.
  23. The Client may terminate their obligations under this contract:
    • in the event of substantial breach by GTS of their obligations where the breach has not been remedied within 14 days of written notice from the Client requiring the breach to be remedied; or
    • upon giving GTS 30 days written notice of their intention to do so.
  1. GTS may suspend or terminate their obligations under this contract:
    • in the event of moneys payable to GTS hereunder being outstanding for more than 30 days;
    • other substantial breach by the Client of their obligations where the breach has not been remedied within 14 days of written notice from GTS requiring the breach to be remedied; or
    • upon giving the Client 14 days written notice of their intention to do so.
  2. Termination shall be without prejudice to any claim which either party may have against the other in respect of any breach of the terms of this contract which occurred prior to the date of the termination.
  3. If GTS considers it appropriate to do so, it may, with the Client’s prior approval, which shall not be unreasonably withheld, engage another consultant to assist GTS in specialist areas. The Client accepts responsibility for all moneys payable to such other consultants.
  4. Neither party may assign, transfer or sublet any obligations under this contract without the written consent of the other. Unless stated in writing to the contrary, no assignment, transfer or subletting shall release the assignor from any obligation under this agreement.
  5. The contract between the Client and GTS shall comprise these terms and conditions and the works as stated in the quotation.