These conditions of engagement apply to all services carried out by, or on behalf of, Mairin OHS&E Consulting Pty Ltd. These conditions should also be read in conjunction with any Proposal for services you receive from Mairin OHS&E Consulting Pty Ltd. Unless agreed in writing by a senior management representative of Mairin OHS&E Consulting Pty Ltd, these conditions shall apply to any variations, supplementary works, verbal arrangements, etc and override any inconsistent provision which may appear on any order form or other document issued by the Client.
Asbestos and OHS&E Services
Reports and documentation are provided for the exclusive use of the Client at the specified time for the specified purpose as outlined in the scope of works. This is because project details such as statutory requirements and site conditions can change with time and may affect our recommendations and conclusions.
Written reports are provided on completion of works giving the details of procedures, field notes and laboratory results. This excludes asbestos works whereby a Certificate of Analysis (for samples) or a Clearance Certificate (for visual clearances) are issued. These reports are based on normally accepted theory and practice and on the limits of information available at that time. Mairin OHS&E Consulting Pty Ltd cannot assume responsibility for the adequacy of its recommendations when they are used in the field without Mairin OHS&E Consulting Pty Ltd being retained to observe their implementation.
Mairin OHS&E Consulting Pty Ltd offer a range of courses. These may be run for the general public or privately in-house for client companies. Where required course content has been, or may be, mapped to the requirements of a third party. This may be a Government Authority, a Registered Training Organisation or a specific client. For example, the current Asbestos Removalist course has been prepared to meet the requirements of Victorian WorkCover Authority. Content of all courses provided is reviewed and approved by the management of Mairin OHS&E Consulting Pty Ltd.
Fees and Payment Terms
A Mairin OHS&E Consulting Pty Ltd Proposal defines the services to be provided and any relevant staging of the works. Mairin OHS&E Consulting Pty Ltd provides the schedule of rates and the estimation of the total cost in alliance of our understanding of the scope of works.
Mairin OHS&E Consulting Pty Ltd will endeavour to provide the stated services within the Proposal sum provided. If undisclosed or unexpected conditions are encountered, where additional expenses may be required, Mairin OHS&E Consulting Pty Ltd will endeavour to notify the Client and seek approval before undertaking the extra works.
Any activity required of Mairin OHS&E Consulting Pty Ltd outside the proposed scope of works will be charged at the schedule of rates provided in the proposal. Where a proposal has not been issued, all activities will be charged at the current standard hourly rates. Where engagement of outside services is required the Client will be charged at cost plus 15% for procurement.
Unless otherwise stated, Goods and Services Tax is not included in any prices provided however it will be charged to the Client when applicable.
Mairin OHS&E Consulting Pty Ltd Proposals are valid for 90, unless expressly stated otherwise, in writing, by a senior management representative of Mairin OHS&E Consulting Pty Ltd.
Mairin OHS&E Consulting Pty Ltd generally issues invoices on completion of works. For larger projects we may issue progress invoices on a regular basis or as stages of the work are completed. Our normal terms require payment to be made 14 days after receipt of the invoice unless other terms have been agreed to in advance. If the client has any concerns or disputes to any part of the invoice then this must be communicated to firstname.lastname@example.org for investigation within 10 business days of receipt of invoice.
Credit Card Payments
Credit card payments (Visa or Mastercard only) can be accepted with an additional 2% processing fee.
Mairin OHS&E Consulting Pty Ltd understands that sometimes plans don’t always work out the way you want. For this reason we try to be as flexible as possible with scheduling work. However, Mairin OHS&E Consulting Pty Ltd does reserve the right to charge a cancellation fee. If you do need to cancel a project, or training course, we ask that you give us as much notice as possible so that we can find alternative activities for our staff.
Cancellation fees may be calculated in the following manner:
- Cancellation of general works with less than 24 hours notice: the lesser of the quoted project cost or minimum 4 hour charge. If works have already commenced you will also be liable for all expenses incurred to the time of cancellation.
- Cancellation by a client of a complete training course with less than 5 working days notice: 15% of quoted course cost
- Non-attendance by a participant at a training course with less than 5 working days notice 50% of the course fee.
- Where a participant fails to complete a course, payment in full is still required to be made. If the participant re-enrolls for the next course, payment already made will be taken into account for the fees of that next course.
Any changes to the above calculation of cancellation fees will be at discretion of Mairin OHS&E Consulting Pty Ltd Management.
In the event of a Client being in default of their obligation to pay, Mairin OHS&E Consulting Pty Ltd reserves the right to add a $5.00 Administration Fee every calendar month to cover the costs of reclaiming the funds. Should the account need to be referred to a debt collection agency and/or law firm for collection, the Client shall be liable for the full recovery costs incurred. If the agency charges commission on a contingency basis the Client shall be liable to pay as a liquidated debt, the commission payable by the Supplier to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred percent recovery. In the event where the Supplier or the Supplier’s agency refers the overdue account to a lawyer, the Client shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
Acceptance of Terms and Conditions of Engagement
Any direction by the Client, either verbal or written, to undertake services of Mairin OHS&E Consulting Pty Ltd will be deemed acceptance of the above Terms and Conditions of Engagement.