Terms & Conditions

1. Introduction

1.1.   The below Terms and Conditions outline the rules and agreements that govern the relationship between Raw Earth Environmental Pty Ltd (‘Raw Earth’) and the client engaging the services. By proceeding with any services of Raw Earth, the client agrees to these terms and conditions

1.2.   All Fee Proposals provided by Raw Earth are valid for a 30-day period from the date of issue, after which Raw Earth reserves the right to review the document and fee structure

1.3.   Any variations to the Fee Proposal are not binding on Raw Earth unless the changes have been confirmed in writing by Raw Earth

2. Scope of Responsibility – Raw Earth Environmental Pty Ltd

Raw Earth agrees to:

2.1.   Provide the services as described in the client Fee Proposal

2.2.   Perform the services required with reasonable and appropriate professional skill, care and diligence

2.3.   Utilise appropriate resources, experience and ability to perform the services

2.4.   Hold and maintain industry specific licences and registrations lawfully required to practice and perform the services being provided

2.5.   Notify the client of any matter that will change the scope, character, quality, sequence or timing of the services being provided

2.6.   Keep confidential all information obtained by Raw Earth during the period of engagement, unless disclosure is required by law, or authorised by the clients express or implied consent

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3. Scope of Responsibility – the Client

The Client agrees to:

3.1.   Provide all relevant information, documents and plans to Raw Earth upon engagement

3.2.   Notify Raw Earth immediately of any change to the scope or nature of the services required

3.3.   Settle all accounts and invoices by the due date

3.4.   Accept additional fees, should further amendment or additions which have not been outlined in the original scope of works be requested

3.5.   Only use the written reports and documents provided by Raw Earth for the intended purpose. The Client agrees to not publish or use these documents for any other purpose without Raw Earth’s written consent

3.6.   Provide reasonable access to all necessary land or premises during the time of the investigation or works  

3.7.   Acquire all necessary permissions for the work to be conducted at the site, unless Raw Earth explicitly agrees to secure them on behalf of the client

3.8.   Assume responsibility and indemnify Raw Earth against any and all liabilities stemming from disruptions linked to machinery and construction. Including, but not limited to, noise, dust, fumes, vibration

3.9.   Authorise Raw Earth to use their business logo and/or details of the works undertaken for future advertising, tender applications, expressions of interest or any other purpose that Raw Earth request, unless this permission is expressly withdrawn by the Client

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4. General

4.1.   All project fee proposals are exclusive of the Goods and Services Tax (GST)

4.2.   Consulting Services for the project can begin once a completed Letter of Engagement is received

4.3.   A 50% deposit invoice will be issued and payment must be made prior to any project management, fieldwork and reporting commencing

4.4.   Should works begin prior to a signed letter of engagement or deposit invoicing, the proposal will be considered accepted and standard work engagement contracts will apply

4.5.   Final invoices and accounts must be settled prior to the release of the final report

4.6.   Interest will be charged on overdue invoices at the rate of 10% per annum, calculated monthly

4.7.   Should Raw Earth be required to undertake further assessment or consultancy to complete the Scope of Works additional charges will be applied

4.8.   For the cancellation or rescheduling of works by the Client, a notification period of a minimum of 2x the estimated duration of works is to be given by the client to Raw Earth. (i.e. If project duration is expected to take 2 days, a minimum of 4 days notification is required). If inadequate notification is given, remobilisation fees may be incurred. Remobilisation fees may include but are not limited to: Project management and administrative fees, float charges, equipment rental, travel and accommodation costs

4.9.   Raw Earth is operational Monday-Friday only. Easter, Christmas/New Years and other Public holidays may impact days of operation. Should works be required to occur on weekends or Public holiday penalty rates will apply in accordance with Fair Work Australia requirements

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