NMS reserves the right to change these terms and conditions at any time, and shall publish the current terms and conditions on our website www.nmsolutions.com.au.
These conditions shall prevail over the Clients Project, and may only be waived or varied in writing signed by NMS.
The purpose of these terms and conditions are to assist the client in doing business with us, and to protect both the client and NMS.
Proposals and Quotations
All proposals and quotations supplied by NMS are valid for 30 days from the date of issue, unless otherwise stated or withdrawn.
Each proposal/ quotation will detail the scope of work included in the contract price. Any additional work outside the scope of the proposal/ quotation including items listed as exclusions will be subject to an additional charges or proposal / quotation.
For work to proceed, the client must agree to the proposal / quotation in writing. This can be done in the form of signing the proposal/quotation or email accounts, accepting these terms and conditions and authorising commencement of the project.
A deposit may also be required, see terms below.
Unless alternative arrangements are agreed to in writing, the client will be invoiced fortnightly by NMS as resources are expended on the project, and /or at the completion of each stage and on completion of the project.
Invoices will detail all and any applicable GST.
Any job-related expenses, including disbursements and telecommunication, survey authority fees, and travelling expenses, or any charge where payment has been made to others, on behalf of the client, may be subject to a ten percent service fee plus GST.
NMS requires the client to pay the invoiced amount within 14 days from the invoice date. It is the Clients responsibility to ensure that the appropriate funds are delivered/received by the due date, and that any and all bank charges are covered by the client.
Monies not paid within the period may attract interest from the date of invoice until payment at the annual rate of 10%, calculated daily on the overdue balance.
Any costs, expenses or disbursements incurred by NMS, in the maintenance of the client’s account, including statements of account, debt collection agency fees and legal costs arising, will be on charged to the Client. This includes the costs incurred against dishonoured cheques.
Any alternate terms agreed upon between NMS and the client may require the payment of a deposit prior to the projects commencement.
For clients experiencing any difficulty in paying their outstanding invoices, they should contact our office on +61 8 9417 9421 or email accounts; prior to their account falling due, to discuss making alternative arrangements.
Where a client has an account in arrears, work may be ceased on all of the clients’ projects until such time as your account is no longer in arrears.
Preferred payment method is direct bank deposit. We also accept cheques.
The delivery date contained in your proposal / quotation is an estimated date of completion based on current work commitments, and is subject to change if other contracts are accepted, prior to the clients’ acceptance of the contract.
Delivery time frames are also based on the client supplying all necessary briefings, information, documentation, measurements, images etc. when requested in a suitable timeframe. Should the project be delayed for reasons beyond the control of NMS, and as a consequence incurs extra costs arising from having to reallocate these resources, lack of continuity and other related effects of delay, then NMS may require additional compensation from the Client.
Provision of Services
NMS agrees to provide the services outlined under scope of work in the proposal/quotation, in a professional manner and in accordance with generally accepted industry practice and standards.
We further represent and warrant we have the professional skills, expertise and tools to be able to perform the duties.
Where NMS considers it appropriate to engage the services of a secondary consultant, we shall be responsible of all acts of the secondary consultant, except where the secondary consultant has provided services which are outside the level of our expertise.
Should a delay occur in the schedule of completing our services, NMS agrees to notify the client as soon as reasonably possible in writing, and estimate the time till the project’s completion.
Should you require a variation to our scope of work at any time, you may request or require a variation to the services in writing with a full description. In the event that NMS is happy to provide the variation, we will provide a quote and timing estimate for the variation.
Unless otherwise agreed to in writing, the copyright of all drawings, reports and specifications provided by the NMS in connection with the project shall remain the property of NMS.
The client alone shall have a licence as detailed in the proposal/quotation to use the documents referred to above for the purpose of completing the project. Any additional licence restrictions or conditions specific to the project will be detailed in your proposal / quotation under conditions regarding use.
If the client is in breach of obligations to make payment to NMS, NMS may revoke the licence to use such documentation, and the Client will be required to return all copies of such documentation to NMS.
The Client shall ensure, to the extent reasonably possible, that any input into the project by NMS is duly recognised in any publicity material generated by the Client in respect to the Project.
The client will obtain all necessary permissions and authorisations for the use of all material supplied by the client to NMS for the project. All designs, documentation and calculations and the licence to use such information, remain the property of NMS until the clients account has been paid in full.
Should the client wish to cancel their proposal acceptance, they will be invoiced for any work completed to date. NMS reserves the right to charge a minimum fee of 20% of the signed proposal/quotation.
Good Faith and Confidentiality
Both NMS and the client shall act in good faith towards each other in respect of all dealings or matters under or in connection to the project.
The client must advise NMS as to whether any material or information communicated to NMS is of a confidential nature. NMS will keep confidential material or information communicated to NMS in confidence, except where it is reasonably necessary to enable NMS to complete the project / services.
It is the clients responsibilty to ensure that they advise NMS in writing or email accounts to any changes to the following information:
Please quote your client id or project number in correspondence. This information can be located on your proposal/quotation or invoice.
Whilst the agreed project and terms are in place, we will ensure that we are covered by insurance policies to perform the services under scope of work.
NMS will provide you a copy of insurance policies or certificates of currency upon reasonable request.
The client will on reasonable request of NMS for a period following the completion of the project, permit NMS to come onto the clients premises or the vessel as the case may be for the following purposes:
• Photographing or filming the vessel and /or project for the purposes of publishing the services of NMS
• Inspection for the purposes of a professional award
• NMS shall observe and obey any reasonable terms and conditions the client may set for such a visit, including any limit on the number of persons that may come onto the premises or the
vessel, as the case may be.