TERMS AND CONDITIONS
Thank you for choosing Fusion Engineering Services (Fusion) for your engineering services. The payments shall be as per the terms below. Fusion will offer services subject to our standard terms and conditions and our deposit policy.
As a client, you are subject to the following requirements:
The deposit structure is as follows:-
Progressive invoices, if applicable, are payable within 30 days from the invoice date. Unless payment is made by the due date, work may be suspended until the progress invoice has been paid.
The final invoice will include the balance of our fee owed, less the deposit amount received. Full documentation and certification will only be issued once all our fees have been paid in full.
Available Payment Methods are as follows:
If the deposit or instalment payment is to be paid by direct deposit, please deposit funds into the Fusion account details below and reference the Quote number referenced on the fee acceptance form in your quotation.
Bank: Common Wealth Bank
Account Name: Fusion Engineering Services
Account No: 11222574
If you have any queries regarding the information above please contact our office on 1800 787 750 for further assistances.
Fusion Standard Terms and Conditions
In these conditions, unless expressed or implied to the contrary:
Fusion agrees to provide and the Client agrees to purchase Engineering Services under these terms and conditions to the exclusion of any terms and conditions of the Client or any other document. The Services to be provided are defined in the Quotation and in any agreed Variations.
Any orders for Services accepted by Fusion will be accepted in good faith but are subject to the availability of resources to complete work at that time.
8.1 Fusion will use its best endeavours to provide Services to the Client by any date specified in the Contract, Order, or Quotation.
8.2 The Client acknowledges that Fusion does not warrant or represent that the Service will be delivered on that date.
8.3 The failure to deliver the Services by the date required will not:
9.1 Fusion may cancel or suspend provision of Services due to any fact, cause, thing or event beyond its reasonable control (including any temporary or permanent unavailability of any Services caused by circumstances beyond the reasonable control of Fusion);
9.2 Fusion is not in breach of the Contract and is not liable to the Client for any Claim arising as a result of force majeure as described in condition 9.1 under the Contract, in tort, statute or otherwise.
If the Client fails to make full payment for the Services by the due date for payment or if the Client suffers an
Insolvency Event, without affecting any rights of Fusion:
Except as required by law, all warranties beyond those expressly given in these Conditions, whether expressed or implied and whether statutory or otherwise, with regard to the Services are excluded.
12.1 Nothing in these Conditions are to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.
12.2 The liability of Fusion for a breach of a Condition or warranty implied by law in relation to the supply of Services is limited, at Fusion’s option, to the provision of equivalent Services, the payment of the cost of making rectification to the structure or the payment of the cost of acquiring equivalent Services.
12.3 Without limiting the generality of Conditions 12.2 and to the extent permitted by law, Fusion will not be liable to the Client for any Loss or Damage suffered by the Client as a result of any negligence or default of Fusion under the Contract or otherwise or any other act or omission whatsoever of Fusion, its employees, agents or sub-contractors.
14.1 If a difference or dispute between the parties arises in connection with the Contract and/or Services, then either party can provide the other party with written notice of dispute.
14.2 If a notice of dispute has been issued, then representatives of the parties with the
authority to agree will meet within 10 business days in order to try and resolve the dispute.
14.3 If the dispute has not been resolved within 20 business days of the notice of dispute, then that dispute can be referred to Arbitration and Expert Determination by either party.
14.4 The persons to conduct the Arbitration and Expert Determination will be decided by the Chairperson of the New South Wales chapter of the Institute of Arbitrators and Mediators, with that group also to decide on the rules for arbitration. The rules for Expert Determination will be the guidelines for Expert Determination of the Australian Commercial Disputes Centre.
14.5 Unless otherwise agreed in writing, each party shall bear its own costs and pay for half of all fees in relation to the Arbitrator and Expert, with the determination of the Expert being binding on both parties.
14.6 Nothing herein shall prejudice the right of a party to institute proceedings to enforce payment due under the Contract or to seek injunctive or urgent declaratory relief.
The Contract is governed by and is to be construed in accordance with the laws of New South Wales. Fusion and the client irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and waive any right to object to proceedings being brought in these courts.
If a Client consists of more than one person or corporate body, the Contract binds them jointly and each of them severally.
If a provision in the Contract is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unforeseeable. If it is not possible to read down a provision as required in this Condition, then that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in the Contract.
All intellectual property rights available on the Services provided, are and remain the exclusive property of Fusion. When using computations, drawings, designs and the service, you must comply with the law including, without limitation, copyright laws.
The Contract contains the entire understanding between the parties as to the subject matter contained in it. All previous agreements, representations, warranties, explanations and commitments, expressed or implied, affecting this subject matter are superseded by the Contract and have no effect.
In these Conditions, a reference to a person includes a firm, partnership, joint venture, association, corporation or other corporate body; and a person includes the legal personal representatives, successors and assigns of that person.
In these Conditions, a reference to the singular includes the plural and vice versa; and a gender includes the other genders.
In these Conditions, headings are inserted for ease of reference and do not affect the interpretation of these Conditions.
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