Blulevel Estimating Pty Ltd ACN 617 435 079 (Blulevel) will provide the Services to You on the terms and conditions set out below.
The parties agree as follows:
1. Interpretation
In this document, unless the context requires otherwise:
a. Contract means the contract for the supply of Services by Blulevel to You, constituted by these Terms and the Quote.
b. Estimation means the construction estimation report prepared by Blulevel as a part of the Services;
c. Fees means the amounts payable by You to Blulevel for the Services, including all fees, disbursements and GST as set out in the Quote. Fees highlighted within this quotation exclude GST
d. GST has the same meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
e. Invoice mean an invoice rendered by Blulevel to You under clause 5;
f. Loss includes, but is not limited to, direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, costs (including party to party legal costs), expenses, lost profits or revenue, lost data, personal injury and property damage;
g. Quote means a written quotation issued by Blulevel to You for the supply of Services to You;
h. Services means the estimation of quantities of materials and costs in the building and construction described in the Quote, including any other product and service inclusions specified in the Quote and excluding any product and service
exclusions specified in the Quote;
i. Terms means this document entitled “Terms and conditions”;
j. You means the person requesting Blulevel to supply the Services the subject of these Terms;
k. a reference to a person includes:
i. a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority; and
ii. the person’s executors, administrators, legal personal representatives, successors, assigns and persons substituted by novation;
l. a reference to the parties is a reference to Blulevel and You; and
m. if You are a trustee, the Contract binds You both personally and in Your capacity as a trustee.
2. Interpretation
a. The Quote will be valid for 30 days and upon expiry, shall not be capable of acceptance, unless otherwise agreed by the parties.
b. You shall be deemed to have accepted the Quote and to have entered into a Contract when:
i. You advise Blulevel that You accept the Quote, whether in writing or otherwise;
ii. You instruct Blulevel to proceed to supply the Services even if You have not expressly accepted the Quote; or
iii. You pay the Fees.
c. You must pay the Fees to Blulevel in advance of Blulevel providing the Services. To avoid doubt, Blulevel does not have to commence work until the Fees have been received by Blulevel in cleared funds.
3. Timeframe for providing Services
Blulevel will use reasonable endeavours to provide the Services within:
a. 3 to 18 business days; or
b. if, in the opinion of Blulevel, the Services are complex, we will require an additional 5 to 12 business days,
from when You pay the Fees.
4. Additional Services
a. You may at any time request additional Services to be supplied which exceed the scope of the Quote (Additional Services).
b. If You request Additional Services, Blulevel may issue You with a new quote for the Additional Services and You agree that these Terms are incorporated into any such new quote without the need for Blulevel to provide them to You again.
5. Invoice and payment
a. Blulevel may render Invoices to You at any time for Services supplied by Blulevel to You.
b. You must pay in full the unpaid amounts in any Invoice within 7 days of the Invoice issue date, unless otherwise agreed in writing. Time is of the essence and estimating will commence after payment.
c. The Fees and all other amounts payable by You to Blulevel are exclusive of GST unless expressed otherwise in the Quote or Invoice.
6. Acknowledgements
You acknowledge and agree that:
a. unless otherwise expressly agreed, the Estimation will be based on non-conforming products and materials and may, for example, be based on industry average
prices for specified products and materials;
b. if You require Blulevel to review any Estimation, provide responses in relation to questions regarding the Estimation, obtain and provide any conforming quotations and/or provide any other Additional Services then additional costs will apply;
c. while Blulevel’s Estimations are provided by experienced estimators, due to the nature of construction and, in particular, differing methods of construction, there is always an inherent risk of inaccuracy. It is therefore Your responsibility to ensure that all details in the Estimation, including quantity and cost estimates, are acceptable to You before use, and that the Estimation should not be the only source of information on which You rely;
d. the Estimation must not be used for any purpose other than for the project to which the Services relate to; and
e. the Estimation is confidential and remains the intellectual property of Blulevel.
7. Termination
a. Blulevel may at its absolute discretion terminate the Contract at any time by giving You notice in writing (Termination Notice).
b. Upon receipt of the Termination Notice, You must immediately pay all amounts outstanding and payable by You to Blulevel pursuant to the Contract.
c. If Blulevel terminates the Contract pursuant to clause 7a prior to the supply of any Services, then it will refund any Fees relating to those Services to You.
8. Limitation of liability
a. All Estimations are produced by experienced estimators and are provided to You in good faith and are believed to be accurate, appropriate and reliable at the time they are given, however, Blulevel gives no warranty in relation to the Services provided and You expressly agree that use of the Services is at Your own risk.
b. To the extent permitted by law:
i. all terms, guarantees, warranties, representations or conditions which are not expressly set out in this Contract are excluded; and
ii. Blulevel is not liable or responsible in any way to You or any other person for any Loss suffered as a result of any error, omission, deficiency, discrepancy or issue with the Services.
c. Where by law Blulevel is not able to exclude terms, guarantees, warranties, representations or conditions but is able to limit its liability, then to the extent permissible by law, Blulevel limits its liability for any breach, to supplying the Services again or, at Blulevel’s option, refunding the Fees to You.
d. You acknowledge that the Services are not for personal, domestic or household purposes. If however, the Australian Consumer Law (ACL) does apply to the Contract, then these Terms only exclude the ACL guarantees that can be excluded under the ACL and where Blulevel’s liability can be limited under the ACL, Blulevel’s liability is limited to the supply of the Services again or the cost of re-supplying the Services.
9. Indemnity
a. You indemnify and keep indemnified Blulevel and its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to You) against Blulevel in connection with any Loss arising from or incidental to the provision of Services, any Quote or Contract.
b. You indemnify Blulevel against all costs and expenses incurred by Blulevel as a result of Your failure to perform Your obligations under the Contract, including enforcement
costs and party to party legal costs.
c. This clause 9 remains in force after the termination of the Contract.
10. Warranties
You warrant that:
a. You have obtained all necessary third party consents to the supply of the Services by Blulevel to You, including consents to the use of intellectual property held by third parties; and
b. all information provided by You, including any quantities and costs are correct and accurate, and conform to all requirements under the National Construction Code published by the Australian Building Codes Board, as revised from time to time, and all other applicable legislation.
11. Privacy
a. In the course of dealing with You, Blulevel will collect personal information from You.
b. You agree to allow Blulevel to collect and use the personal information collected from You for the purpose of supplying the Services to You, marketing and providing other goods and services to You and otherwise in accordance with any privacy policy that Blulevel may provide to You.
c. You agree to Blulevel disclosing Your personal information to other organisations in order to facilitate supply of the Services to You.