Terms & Conditions and Disclaimers
General
All commissioned works, advice, reports etc. are subject to the terms and conditions & disclaimers as on this page, U.N.O.
Any other Terms and Conditions and Disclaimers given in fee proposals, reports, computations, advice (formal or informal), if contrary to any terms in this page, shall takes precedence over the similar clause or terms in this page.
1. DISCLAIMERS APPLICABLE TO ALL REPORTS , COMPUTATIONS, ADVICE FORMAL OR INFORMAL COMPING OUT OF PENDYALA CONSULTING’S OFFICE. U.N.O
Disclaimer
This Report has been prepared in accordance with the scope of services described in the contract or agreement, formal or informal, between Pendyala Consulting and the Client. The Report relies upon data, surveys, measurements, and results taken at or under the particular terms and conditions specified herein. Changes to circumstances or facts after certain information or material has been submitted may impact the accuracy, completeness, or currency of the information or material.
This document is subject to copyright. The use or copying of this document in whole or part without the written permission of Pendyala Consulting Pty Ltd constitutes an infringement of copyright. This report shall always be read in full.
Unauthorized use of this document and the information contained herein by a third party is strictly prohibited.
Information in this document is current at the time of writing. While all professional care has been undertaken in preparing the document, Pendyala Consulting Pty Ltd accepts no liability for consequential loss or damages incurred as a result of reliance placed upon its content.
The mention of any company, product or process in this report does not constitute or imply endorsement by Pendyala Consulting Pty Ltd.
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2. STANDARD TERMS AND CONDITIONS
- This fee assumes that sufficient information will be provided to this office to allow shop drawings and engineering to be produced, including as-built conditions.
- Additional work generated by the late provision of information by other parties shall cause for extension of time.
- Additional overtime works to meet deadlines after late receipt of information shall be cause for variations. Any additional costs shall be submitted for approval prior to proceeding with the variations.
- Sketch details and engineering are to be signed-off by Client prior to commencement of shop drawings checks.
- Any subsequent changes to the Sketch details are to be considered variations and are reimbursed on a ‘time + expense’ basis.
- Any changes after sign off of design will be subject to reimbursement on a ‘time + expense’ basis.
- Dimensional setout will be based on drawings supplied by Client. No survey of site conditions has been allowed for by PCPL.
- The issuing of all as-built information to PCPL will be the sole responsibility of the Client.
- All Project management issues and co-ordination issues, including information required by PCPL to complete the engineering package and shop drawings will be the responsibility of Client.
- Certification for FP1.4 or F3P1 shall be based on the test reports compliant to current edition of AS2047, AS4284 and other referenced codes. Client to have all the façade elements tested and reports forwarded to this office. The costs of the tests and the reports are to be borne by the Client.
- Self-certification has been allowed for. If certification by an independent engineer is required, then Client to source the engineer and pay for the certification engineer’s fee and other incidental expenses.
- All payment claims (Invoices) are made under the Building and Construction Industry Security of Payment Act 2002, State of Victoria, Australia.
- All monies payable by the client Pendyala Consulting Pty Ltd shall be paid within 30 days of invoice. Moneys not paid within that period may at the discretion of PCPL attract interest from the date of invoice until payment at the current rate payable by PCPL on overdraft plus 2 percent.
- In the event of failure of the client to make a payment in accordance with this agreement. PCPL reserves the right to cease work on the project until payment has been received. PCPL shall not be liable for any cost or delays incurred by the client caused directly or indirectly by the exercise of this right.
- If payments are not received by the due date, any advice given for which payments are sought will become null and void, until all payments including accrued interest, are paid in full by the client.
- In certain circumstances, advance payments may be requested.
- All liability is limited by PI Insurance to AUD 2 million, U.N.O
- PCPL does not sign agreements of novation, tripartite, deed polls and other financial / legal instruments of a similar nature.
- Anything not explicitly stated or mutually agreed is fully excluded from the scope of works.
- PCPL excludes liabilities for all Consequential Damages.
- PCPL does not give out inspection reg 126b certificates or any other inspection certificates. We will only issue inspection reports.
- Response to Peer reviews has not been included in the stated fee. If required, they will be done on an hourly basis.
- Validity of the offers – 30 days
- Errors and Omissions Expected ( E & O.E)
3. EXCLUSIONS FROM STANDARD SCOPE OF WORKS
- Review or provide engineering and design of any other element other than those agreed to formally or informally.
4. ONSITE WATER TEST (compliant to AAMA 501.2)
- To note that PCPL are consulting engineers and not contractors or a NATA accredited testing organization. On this account, client to satisfy themselves that any on-site water test or report will be acceptable by the building authorities.
- For any F3P1 Performance solution report on-site water tests, conforming to the requirements of AAMA 501.2 is mandatory.
- Any fee proposal assumes that adequate water (pressure and quantity-see ) is provided to PCPL, at no additional cost to PCPL.
- Any fee proposal assumes that safe access (likes of scaffolding, EWP, cherry pickers, etc.) as appropriate) is provided to PCPL, at no additional cost to PCPL.
- Labor help for the duration of the test is provided to PCPL, at no additional cost to PCPL.
- On site water testing is done at early stages of construction.
- Client is encouraged to perform their own un-official on-site water test at the nominated locations to ensure that there are no leaks and, leaks rectified, if any. It is the intention of PCPL that the façade passes the on-site water tests, when we come on site to test.
- All traffic and movement control. area cordoning off, protection of nearby properties, clean-up afterwards etc. shall all be the responsibility of the client.
- Client to ensure that all area is clear and safe, of material and personal and no damage to this or other’s property can happen as a result of the water test. Pendyala shall not be liable for any water damage or consequential loss that may occur, anywhere, as a result of this water tests.
- If there are leaks, due to poor workmanship etc, there may be water damage to the internals. PCPL is not responsible for to make good the damages. Client to take all protective measures to against damages to internal finishes.
- PCPL is not responsible for consequential damages due to the on-site water tests.
- Rule of thumb for water pressure pressures :- Typically, as rule of thumb, if a 20 L bucket can be filled in 25 sec using a ½” garden hose, at the worst location of the test, then there is a reasonable assurance that water of adequate flow and pressure is available. The worst location is defined as the topmost and the furthest test location from the water source. If bucket takes longer to fill, then a stand by water trailer & pump is required.
5. EMAIL DISCLAIMER
Limited by Professional Indemnity. Max. PI offered $ 2 Million UNO., including legal and other costs.
PCPL excludes liabilities for any consequential damage
Privacy Policy: https://pendyalaconsult.com.au/privacy-policy
Standard T&C’s : https://pendyalaconsult.com.au/pcpl-standard-t%26c-s
By proceeding with the services of PCPL it is understood that the client has read and accepted the terms and conditions.
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The intended recipient of this email may only use, reproduce, disclose or distribute the information contained in this email and any attached files with Pendyala Consulting's permission. If you are not the intended addressee, you are strictly prohibited from using, reproducing, disclosing or distributing the information contained in this email and any attached files.
6. PRIVACY POLICY
7. FURTHER INFORMATION
Further information can be found on our web site :-
https://www.pendyalaconsult.com.au
8. UPDATES, REVISIONS AND AMENDMENTS
Pendyala Consulting (PCPL) reserves the right to amend this document from time to time.
9. LAST REVIWED AND UPDATED
July 2024
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