Terms & Conditions

Terms & Conditions for the provision of Engineering Services:

  • The registered proprietor/owner of the property on which the proposed project is to be constructed and/or the agent acting on the Owner’s behalf and has signed the quotation provided is denoted “the Client” but may also be referred to as “the Customer”. All engineering services provided have a liability limitation of $1 million dollars maximum.
  • All quotations provided are considered a legally binding contract. The acceptance of the quotation either by returning the quotation signed or by other written means will be considered as a full and unreserved acceptance of these terms and conditions.
  • All engineering design documentation and/or reports, including all the engineering drawings and computations, remain the property of eshell group until payment in full of the invoiced fee is received by eshell group P/L . All documentation will be valid for up to a period of four (4) years from date of issue. This documentation is not transferable to any other site or project. Certificate of Compliance Design under the Victorian Building Act 1993 (Regulations 2006) and or Council Drainage Approval will be provided upon payment of account in full (unless by prior consent in writing by eshell group ).
  • The payment of fees will be due as noted on quotation. (Unless otherwise agreed upon in writing.) If the invoice is not payed by the due date, then eshell group reserves the right to take all or any action to recover all outstanding fees owed by the Client for the project costs together with legal costs incurred in doing so. This includes the referral of this account to a Solicitor for Debt Recovery nominated by eshell group for the purposes of  recovering moneys owed as well costs incurred by eshell group and its Agents in doing so.
  • Any structural and civil design/report documentation (including drainage design) that has been issued for the purposes of construction and obtaining a building permit will not be valid unless accompanied by a Certificate of Compliance – Design signed by a Registered Building Practitioner, Category EC as deemed under the Victorian Building Act 1993 (Regulations 2006). Independent Certifications are not part of quotation fee and will need to be quoted independently by the Consultant providing this service.
  • It is the responsibility of the Owner to contact Council/Melbourne Water as to the progress of Town Planning required Drainage Approval. Eshell group will accept no responsibility for approval process.
  • Where information is to be provided by the client or persons acting on the Clients behalf, no responsibility will be taken by eshell group for incorrect, misleading or partly omitted information provided by the Client or persons acting on the Clients’ behalf for the purposes of performing engineering design and drawing specifications and/or geotechnical investigations. This will include changes or variations to drawings that are not clearly marked or noted (e.g clouding.) The verification of information provided to eshell group will only be undertaken if directed by the Client, persons acting on the Clients’ behalf or directed by the relevant Authority. Such requests must be sent to eshell group in writing and may incur a fee.
  • Engineering documentation and/or reports, including all engineering drawings and computations, used for construction and to obtain a Building Permit (as denoted within the Victorian Building Act 1993 (Regulations 2006) will be considered an acceptance by the Client of the engineering specifications, including or drawings and/or reports.
  • The Client will still be liable for the payment of the scheduled fee whether the Client intends to go ahead with the project or not. This includes all design and documentation costs incurred by eshell group up until the date eshell group receives from the Client notification in writing for eshell group to cease the design.
  • The provision of services by eshell group is specific to only providing documentation in relation to engineering specifications. Eshell group will provide after issuing these documents any verbal or written advice or direction at eshell group discretion. The scheduled fee does not cover any the provision of any services beyond the issue of the engineering services. All documentation or inspections will be charged a quoted fee.
  • Where a dispute between the Client eshell group occurs. All services by eshell group will cease and will not recommence until both parties agree in writing the dispute have been settled. All correspondence between the Client and the Owner will be in writing and verbal direction will not be entered into eshell group. Where the Client or there Agents (e.g. Builder, Contractors) make  physical or verbal threats or intimidation or engage in violent behaviour towards eshell group P/L staff or property, eshell group reserves the right to terminate the contract and cease all further involvement with that project. The Building Commission of Victoria will be notified of any incidents upon occurrence. Where eshell group has outstanding fees owed to it by the Owner from previous work invoiced, eshell group reserves right to terminate, without notice any contract either verbal or written for any further work yet to be provided.