Cartech Pty Ltd - ABN 64 006 493 812

© 1983-2020 CARTECH ® All rights reserved

Cartech's Standard Terms & Conditions

DEFINITIONS

 

TERMS OF PROVISION OF SERVICES

 

  • Agreement means an Agreement for Provision of Services between the Client and Cartech, the accepted Quote for the Provision of Consultancy or other Engineering Services and/or any other agreement between the Client and Cartech in relation to the provision of these Services. 

  • Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise). 

  • Client means the person identified on this Invoice or Quote as the Client and/or identified in the Agreement for Provision of Consultancy Services as ‘the Company’, and includes the Client or Company’s agents and permitted assigns. 

  • Consultancy Services means the consultancy services to be provided by Cartech under the agreement or provided by Cartech to the client. 

  • Cartech means Cartech Pty Ltd ACN 006 493 812 

  • Facilities means working space, computer equipment, access to the internet and the Client's computer network, telecommunications system and similar. It includes access to such resources but also use of them to the extent required by Cartech in order to perform the Services. 

  • Fees means rates set out by Cartech. 

  • Intellectual Property includes trademarks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former. 

  • Losses means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever. 

  • Parties means Cartech and the Client, and Party mean eithers one of them.

 

  

FEES

 

Payment of Fees

 

  • In consideration of the provision of the Services in accordance with an invoice and the agreement, the Client will pay Cartech the Fees.

 

  • All Consultancy Services provided to the Client will attract Fees. 

  • The Client acknowledges that the Fees are exclusive of any GST that may be charged by Cartech to the Client, and therefore, Cartech will be entitled to add on GST.

 

  • On termination of this agreement, the Client must pay for all Services provided up to the date of termination, and for all expenditure falling due for payment after the date of termination from commitments reasonably and necessarily incurred by Cartech for the performance of the Services prior to the date of termination.

 

Invoicing

  • Payment will be made by the Client to Cartech within 7 days after receiving Cartech 's invoice. 

  • When making a payment, the Client must quote relevant reference numbers and the invoice number.

 

Variation of Fees

 

  • Cartech is entitled to vary Cartech ’s rates during the term of the agreement with written notice to the Client of 14 days prior to the change being implemented.

 

Costs and disbursements

 

  • Cartech is permitted to charge for all costs and expenses incurred in performing the Services, including travelling, photocopying, courier services, postage and subscriptions.

 

Failure to pay

 

  • If the Client does not make a payment by the date stated in this invoice or as otherwise provided for in the agreement, Cartech is entitled to do any or all of the following: 

    • charge interest on the outstanding amount at the rate as set out in the Penalty Interest Rate Act 1983, accruing daily; 

    • require the Client to pay, in advance, for any Services (or any part of the Consultancy Services) which have not yet been performed; and 

    • not perform any further Services (or any part of the Consultancy Services).

 

CLIENT’S OBLIGATIONS

 

  • During performance of the Services the Client will:

    • co-operate with Cartech as Cartech reasonably requires;

    • provide the information and documentation that Cartech reasonably requires;

    • make available to Cartech such Facilities as Cartech reasonably requires; and

    • ensure that the Client's staff and agents cooperate with and assist Cartech .

 

  • The Client will not charge for Cartech 's use of the Facilities made available by the Client.

 

  • If the Client does not provide the Facilities that Cartech reasonably requires (and within the time period) to perform the Services, then any additional costs and expenses which are reasonably incurred by Cartech will be paid by the Client.

  • It is the responsibility of the Client to advise Cartech of all the relevant information regarding any relevant vehicle's status, its modification, proposed use and condition.

 

WARRANTIES

 

  • Cartech warrants that it will use reasonable care and skill in performing the Services to the standard generally accepted within the industry, sector or profession in which Cartech operates for the type of Services provided by Cartech.

 

  • Cartech provides no warranty that any result or objective can or will be achieved or attained at all or by any date, whether stated in this quote or elsewhere.

 

  • Each of the Parties acknowledge that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.

 

  • Cartech is permitted to use other persons to provide some or all of the Services. Cartech is responsible for the work of any of Cartech’s subcontractors.

 

 

LIABILITY AND INDEMNITIES

 

  • No warranties in relation to completion

 

  • Cartech provides no warranty that any result or objective can or will be achieved or attained at all or by a given completion date or any other date, whether stated in the agreement, this Invoice or elsewhere.

 

  • A VASS Approval Certificate only covers registration standards applicable to that vehicle.

 

  • A compliance endorsement, certificate or report does not endorse or warrant the quality of the modifications, nor the vehicle's safety, roadworthiness or fitness for purpose.

 

Limitation on liability

 

  • Except in the case of death or personal injury caused by Cartech 's negligence, the liability of Cartech under or in connection with the agreement or this invoice whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fees paid by the Client to Cartech under the agreement and/or this invoice or quote.

 

  • Neither Party is liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

 

Limitation of liability and exclusion of liability

 

  • The Client must indemnify and hold Cartech harmless from and against all Claims and Losses arising from loss, damage, liability, injury to Cartech , its employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to the Client by Cartech , its employees or Cartech , or supplied to Cartech by the Client within or without the scope of the agreement.

 

  • Each of the Parties acknowledge that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.

 

  • Cartech is not liable to the Client for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the agreement, except to the extent that such liability may not lawfully be limited or excluded. For the avoidance of doubt, this extends to any employees, contractors, agents, representatives, licensees or permitted assigns of Cartech.

 

  • Cartech expressly excludes liability for consequential loss or damage which may arise in respect of the Consultancy Services or for loss of loss of data, loss of, or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit, whether direct, indirect, economic, consequential howsoever arising by way of act or omission in contract or in tort. The Client agrees to release and indemnify Cartech to that extent.

 

  • Where Cartech cannot by law exclude such liability, its liability to the Client will be limited to, if the breach relates to goods, the replacement or repair the goods or, if the breach relates to services, the supply of those services or the payment of the cost of those services supplied again. This clause applies despite anything else contained in or incidental to the agreement and to the fullest extent permitted by law.

 

  • To the fullest extent permitted by law, Cartech excludes all warranties implied by law except as expressly set out in the agreement.

 

  • For the purposes of this clause, the term “Cartech” shall mean Cartech Pty Ltd, its officers, employees, sub-contractors, suppliers and agents, whether individually or collectively.

  

 

APPROVAL

 

Unless otherwise provided for in the agreement, where any stage of performing the Services requires the approval or acceptance of the Client, the following will apply:

 

  • Cartech will indicate in writing to the Client that a stage has been reached in the performance of the Services requiring the approval or acceptance of the Client (Approval Notice);

 

  • if the Client does not notify Cartech of any matters concerning the quality or content of the Services provided to that stage within 7 days of receiving the Approval Notice, then the Client will be deemed to have approved the performance of the Services up to that stage; and

 

  • where Cartech has completed performing the Services, the Client will be deemed to have accepted or approved them within 7 days of Cartech:​​

    • (i) notifying the Client that the Services had been completed;

    • (ii) supplying any final report to the Client; or

    • ​(iii) sending a final invoice to the Client.

 

Cartech must use reasonable endeavours to complete the Services including the provision of data, materials or reports by the date(s) agreed by the Parties. 

  • The Services must be performed by such employee, contractors or agents that Cartech may choose as most appropriate to carry out the Services. 

  • The Client acknowledges and agrees that time is not of the essence for:

  • any dates or times when Services are due to be performed; 

  • the length of time that any Services will take to perform as agreed between the parties. 

  • any date or time when the Services will be completed by as agreed between the parties.

 

FORCE MAJEURE

 

  • Neither Party has any liability under or may be deemed to be in breach of the agreement or these terms for any delays or failures in performance of the agreement which result from circumstances beyond the reasonable control of that Party.

  • The Party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.

  • If such circumstances continue for a continuous period of more than 6 months, either Party may terminate the agreement by written notice to the other Party.

 

NOTICES

 

  • A notice or other communication connected with the agreement and/or this invoice has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the address of the addressee as set out in the agreement and/or this invoice, or sent by email or fax to the email or fax number of the addressee.

 

SEVERANCE

 

  • If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement. It will not in any way affect any other circumstances of or the validity or enforcement of this agreement.