Who we are
BeyondSpec PTY LTD is a registered private company in Brisbane Australia.
ABN 67 672 557 738
ACN 672557738
Our website address is: https://beyondspec.com.au.
Our address is: PO Box 747 Indooroopilly Centre QLD 4068
We can be contacted at: web@beyondspec.com.au
Standard Terms and Conditions of Engagement
1. Scope of Services
BeyondSpec will provide the services described in the proposal and any agreed written variations. Services are limited to those expressly identified in the engagement documentation.
2. Standard of Care
Services will be performed with the degree of skill, care and diligence ordinarily exercised by suitably qualified professional technical advisors performing similar services.
3. Client Responsibilities
The Client shall provide access to project information, site access, contractor documentation and timely responses necessary for delivery of the services.
4. Independent Status
BeyondSpec acts solely as an independent advisor and does not undertake contractor commissioning, construction supervision, certification or rectification works unless specifically engaged to do so.
5. Fees and Expenses
Fees are as stated in the proposal. Additional attendances, re-testing, delays, travel and out-of-scope services may be charged at applicable rates.
6. Variations
Changes to scope, programme, deliverables or attendance requirements may result in a fee variation.
7. Payment Terms
Invoices are payable within 14 days unless otherwise agreed in writing.
8. GST
All fees are exclusive of GST. The Client shall pay GST in addition to any fees payable upon receipt of a valid tax invoice.
9. Suspension of Services
BeyondSpec may suspend services for non-payment, safety concerns, lack of access or material breach. Costs associated with suspension and remobilisation may be charged.
10. Termination
Either party may terminate for material breach not remedied within 14 days. The Client may terminate for convenience upon written notice. BeyondSpec shall be entitled to payment for services performed and commitments incurred up to termination.
11. Debt Recovery Costs
The Client shall reimburse reasonable costs incurred in recovering overdue amounts including legal and collection costs.
12. Reliance on Information
BeyondSpec may rely upon information provided by the Client and third parties and is not responsible for inaccuracies in information supplied by others.
13. Third Party Reliance
Deliverables are prepared solely for the Client. No third-party reliance is permitted without BeyondSpec written consent. No third party acquires any rights against BeyondSpec by relying on deliverables.
14. Confidentiality
Each party shall maintain the confidentiality of non-public information received from the other party except where disclosure is required by law.
15. Privacy
Each party shall comply with applicable privacy legislation. BeyondSpec may collect and retain information necessary for performance of the services.
16. Electronic Communications
Instructions and communications may be transmitted electronically. BeyondSpec shall not be liable for corruption, interception or transmission errors occurring after dispatch.
17. Intellectual Property
Copyright in methodologies, templates and proprietary materials remains the property of BeyondSpec. Upon payment of fees, the Client receives a non-exclusive licence to use project deliverables for their intended purpose.
18. Subconsultants
BeyondSpec may engage suitably qualified subconsultants and shall remain responsible for their management.
19. Limitation of Liability
To the maximum extent permitted by law, BeyondSpec aggregate liability arising out of or in connection with the services shall be limited to the lesser of the contract value or the amount recoverable under BeyondSpec professional indemnity insurance. This limitation survives completion or termination of the engagement.
20. Insurance
BeyondSpec maintains Professional Indemnity Insurance of AUD $10,000,000 and Public and Products Liability Insurance of AUD $20,000,000. Evidence of currency may be provided upon request.
21. Jurisdictional Limitation
Services and professional liability obligations are intended to apply only within jurisdictions covered by BeyondSpec insurance arrangements.
22. Insured Professional Services
BeyondSpec provides professional technical advisory services only and is not liable for contractor workmanship, installation defects, product defects or operational decisions of others.
23. Limitation of Consequential Loss
BeyondSpec shall not be liable for indirect, special or consequential loss including loss of profit, revenue, opportunity, production, business interruption or reputational damage.
24. Proportionate Liability
BeyondSpec shall only be liable for the extent of loss directly attributable to its negligence or breach of duty.
25. Responsibility for Third Parties
BeyondSpec shall not be responsible for acts, omissions, defaults or negligence of contractors, suppliers, installers, operators or other third parties.
26. Work Health and Safety
The Client remains responsible for providing a safe workplace and safe access to site.
27. Claims Notification
The Client shall notify BeyondSpec promptly of any actual or potential claim arising from the services.
28. Assignment and Transfer
The Client shall not assign or transfer any rights arising under the engagement without prior written consent from BeyondSpec.
29. Anti-bribery and Modern Slavery
The parties shall comply with applicable anti-bribery, anti-corruption and modern slavery legislation.
30. Force Majeure
Neither party shall be liable for delays caused by events beyond their reasonable control.
31. Dispute Resolution
The parties shall attempt to resolve disputes through good-faith negotiation before commencing legal proceedings.
32. Governing Law
The engagement is governed by the laws of Queensland, Australia.
33. Acceptance
Acceptance may be provided by purchase order, signed proposal, written instruction to proceed or commencement of services.
Contact information
All request or enquiries to: web@beyondspec.com.au.