1.1. The terms and conditions stated here apply to services provided by Certified Energy and "The Client" of these services, upon initiation of a service contract between Certified Energy and The Client. Initiation of the contract starts at written approval of The Client.
2. Variation of Agreement
2.1. Terms and conditions in effect at the time of the contract will stay in effect regardless of current Terms and Conditions employed by Certified Energy. Only Certified Energy is capable of modifying these terms and conditions.
2.2. Fee proposals provided by Certified Energy must be accepted within 90 calendar days from the date it is provided, otherwise the fee quoted may vary. Further extension of the Fee Proposal is negotiable preserving the interests of both contract parties.
3. Price Match Guarantee
3.1. To qualify for a price match, The Client must provide a formal quotation that clearly outlines the projects scope of works, company details, ABN and fees for the requested assessment report. The quotation must be current (within 30 calendar days) and a copy of the quotation must be provided to us. A price match guarantee will only be offered if the project scope of works is for identical ESD services. We cannot accept any verbal quotations. While Certified Energy reserves the right to make the final decision on approving competitor's price matches, we strive to offer solutions that not only meet but exceed client expectations.
4. Rights and Obligations
4.1. The Client is responsible for the provision of accurate and legitimate information to Certified Energy. Certified Energy will deliver its services based upon the information provided by The Client at the time of service application and submission of requested documentation.
4.2. Certified Energy does not accept, at any time, Terms and Conditions of Service from third parties which are within scope of the Client's requested service. If either The Client or Certified Energy detects any potential direct conflict of interests, they must inform the other party in the shortest amount of time practicable about the nature and scope of conflict.
4.3. All assessments are completed by an accredited assessor or by non-accredited staff that are under the supervision of an accredited assessor.
4.4 Certified Energy shall perform the service outlined in the fee proposal with due care, skill and diligence and in accordance with the standard performance considered acceptable by the Consulting Engineering Profession in Australia.
4.5. If any changes to the project's plan, specification or other characteristics are proposed by The Client, Certified Energy reserves the right to amend and adjust Proposed Fees and Rates as well as Service Delivery Time at its own understanding and discretion.
5. Payment Terms
5.1. The Client must settle the account in full prior to the release of final reports and certification. We estimate that 90% of our work has been completed once we have sent the draft report. Our account is to be settled at the time of draft report generation.
5.2. Certified Energy reserves the right to invoice monthly for hours spent on approved projects that have not yet reached a final report stage.
5.3. Received invoices are immediately payable by The Client upon time of receipt. Should this period be exceeded, a statutory interest (via. Reserve Bank Rate plus 2%) is chargeable on the outstanding amount in the Tax Invoice. An extension to this period is negotiable upon agreement between two parties.
5.4 In the event that The Client fails to pay any amount of the fees owed and Certified Energy has to engage the services of a debt collector to recover these debts, The Client agrees to reimburse Certified Energy for any costs reasonably incurred by Certified Energy in pursuing the debt, including any court, filing and services fees.
5.5. This fee proposal is based strictly on the information provided and available to Certified Energy at the time of the quote being prepared. Should further and additional information come to light once the work has commenced, Certified Energy reserves the right to cease the work until the quote is varied and The Client agrees to the varied quote.
5.6. Once The Client's final drawings have been stamped and issued, additional fees will apply for re-stamping and certifying the project.
5.7. Service delivery time will be measured from the time of complete receipt of all requested information by Certified Energy. Certified Energy will employ its best endeavours to deliver the requested services in the Scope of Proposed Work sooner or equal to the service delivery time stated in the Fee Proposal or its email. Certified Energy accepts no other liability in addition to the commitments noted.
5.8 A 2% surcharge will apply for Credit Card payments. AMEX is not accepted.
5.9 We do not accept cheques as a payment option.
5.10 The re-issuing of BASIX Certificates with an updated expiry date incurs a fixed fee of $85 +GST.
5.11 The re-issuing of NatHERs Certificate with updated expiry date incurs a fixed fee of $85 +GST.
5.12 Variation work will be charged at an hourly rate: Residential $195/hour + GST Commercial $230/hour + GST
6. Confidential Information
6.1. Certified Energy will not disclose The Client's name and contact information and the information provided by The Client for the development. This serves only the purpose of the requested services.
6.2. Fee Proposals and Contracts between The Client and Certified Energy are not to be disclosed to third parties by any sides of the contract except when requested by authorised government authorities.
6.3. The Client is responsible for the safeguarding and responsible use of delivered material from Certified Energy and only The Client has the license to use the provided material. The Client shall not disclose these materials to entities that might have the potential to reproduce and use the provided material illegally.
7. Copyright and Ownership
7.1. Certificates, reports, drawings and other materials requested and agreed in the Scope of Proposed Work will become the property of The Client upon receipt of the full agreed service fees and rates. They can only be reproduced as delivered by Certified Energy and no modification of any nature is permitted on the delivered materials. If modifications to plans and specifications of the project are proposed by The Client after delivery of the materials to The Client, a new service fee will be proposed with work to commence upon approval from The Client.
7.2. Copyright is owned by Certified Energy until payment is made in full by The Client. Intellectual copyright will remain the property of Certified Energy after final payment. The use of documentation prepared by Certified Energy but not paid for in full shall breach this copyright provision and be the subject of further action to recover monies owing and copyright damages.
8. Limitation of Liability
8.1. Certified Energy shall not be liable for any damage suffered by The Client resulting from the use of provided materials in the requested service. The Client shall indemnify Certified Energy against any third party claims arising from the employment of materials in the requested service. After the expiration of one (1) Calendar Year from the date of receipt of the final invoice by The Client, Certified Energy shall be discharged from all liability regarding the requested services described in the Scope of Proposed Work.
9. Entire Agreement
9.1. This Services Agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings relating to its subject matter, whether verbal or in writing.
10. Applicable Law
10.1. Should there be any dispute between Certified Energy and The Client, arising from contracts and agreements between parties, this dispute shall be determined by a competent court of law within the State of New South Wales of the Commonwealth of Australia.
10.2. The choice of law governing the agreement is the law of the State of New South Wales of the Commonwealth of Australia.
10.3 This is a payment claim under the Building and Construction Industry Security of Payment Act 2009 (SA) or the Construction Contracts (Security of Payments) Act 2004 (Northern Territory) or the Building and Construction Industry Security of Payment Act 1999 (NSW) or the Building and Construction Industry Security of Payment Act 2002 (Victoria) or the Building and Construction Industry Payments Act 2004 (Queensland) or the Construction Contracts Act 2004 (WA), according to the jurisdiction applicable to these works.
11. Termination
11.1 Upon termination of this Agreement, The Client must pay for the cost of work completed up until the date of notice of termination, including any disbursements made.
