PLEASE NOTE THAT:

1. In the event of any conflict between these Terms and Conditions and any written contract between COMPLIANCE WISE CONSULTING and the Client; the terms of the written contract shall prevail.

2. These Terms and Conditions constitute an Agreement between COMPLIANCE WISE CONSULTING and the Client.

3. By instructing COMPLIANCE WISE CONULTING to provide any Services, you (the Client) are representing that you have the authority to enter this Agreement and that you have read and fully understand and agree to the Terms and Conditions of the same.

4. Headings in these terms and conditions are inserted for convenience and do not form part of the terms and conditions.

5. The singular includes the plural and vice versa. Persons include incorporated and unincorporated entities. Words implying one gender include the other. A reference to a clause or sub clause is a reference to a clause or a sub clause in these terms and conditions of contract.

6. If any provision of these terms and conditions is void, invalid, illegal or unenforceable, the existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

7. Failure of or delay in enforcing any of these terms and conditions shall not be deemed to be a waiver of any of its rights under these terms and conditions.

8. Accepting the fees, terms and conditions contained in this document does not guarantee the provision of the Services, and COMPLIANCE WISE CONSULTING reserves the right to deny or provide the Services at its discretion.

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DELIVERY OF SERVICE

1. COMPLIANCE WISE CONSULTING shall deliver the Services in accordance with the agreed service levels to the Client (you). These agreed levels may form part of a fixed service level agreement or be made on a project basis prior to commencement and agreed in principle by both COMPLIANCE WISE CONSULTING and the Client and documented in writing.

2. To ensure COMPLIANCE WISE CONSULTING meets the agreed service levels, representative samples, instructions, technical documents, marking information, packaging information and special requirements must be provided in a timely manner when requested by COMPLIANCE WISE CONSULTING.

3. The timeframes for completion specified by COMPLIANCE WISE CONSULTING and any estimated completion dates provided are indicative only. Whilst COMPLIANCE WISE CONSULTING shall use reasonable endeavours to complete the work by the estimated completion date or within the specified timeframe, it shall not be liable for any delay beyond the estimated completion date/indicative timeframe, or any resulting circumstances, for any reason whatsoever. The estimated completion dates and indicative timeframes only apply where the Client provides the necessary product samples and any requested information when required. Indicative timeframes may not apply where multiple projects are submitted simultaneously, or during periods of excessive workloads.

4. In the delivery of a total compliance solution, from time-to-time COMPLIANCE WISE CONSULTING may engage in the service of specialists on the Clients behalf, however COMPLIANCE WISE CONSULTING will not accept responsibility of poor, late or non-delivery of such service, but will attempt to remedy this situation with an agreeable cost effective and time-based solution.

 

ACCEPTANCE OF SERVICES DELIVERED TO THE CLIENT

1. The Client has the right to check the Services delivered to the Client within 14 days of receipt and may reject the Services if they do not comply with the agreed specifications. The Services are deemed to be accepted if COMPLIANCE WISE CONSULTING does not receive a notification within 14 days after delivery to the Client. COMPLIANCE WISE CONSULTING shall be given the opportunity to rectify or amend any of the Services rejected by the Client within a reasonable and mutually agreed timeframe of receipt of a notice of rejection.

 

REPORTS AND ADVICE

1. Verbal advice may be given from time to time in good faith. If the Client intends to rely on any verbal advice, it is his responsibility to seek confirmation from COMPLIANCE WISE CONSULTING in writing. COMPLIANCE WISE CONSULTING does not accept liability for verbal advice for which insufficient information is provided, which is not in proper context and/or is not confirmed in writing.

2. The Client agree that no reliance shall be placed on draft reports, draft conclusions or draft advice, whether oral or written, issued by COMPLIANCE WISE CONSULTING as they may be subject to further work, revision and other factors which may mean that such drafts are substantially different from any final report or advice issued. The Client agrees to destroy all copies of such drafts on receipt of the final version.

3. Use and purpose of advice and reports

4. Any advice given, or report issued by COMPLIANCE WISE CONSULTING is provided solely for the use and benefit of the Client and only in connection with the purpose for which the Services are provided.

 

INTELLECTUAL PROPERTY

1. Intellectual property rights in all COMPLIANCE WISE CONSULTING materials and methodologies utilized in the Services or incorporated into a report or any other material created or provided while performing the Services remain the property COMPLIANCE WISE CONSULTING.

 

RESPONSIBILITY FOR INFORMATION PROVIDED

1. COMPLIANCE WISE CONSULTING assumes no responsibility and makes no representation with respect to the accuracy or completeness of any information or material provided by the Client or on the Client’s behalf. To the extent that any such information is inaccurate or incomplete, this could have a material effect upon reports issued or advice provided based upon such information.

 

OWNERSHIP

1. Any reports or documentation prepared by COMPLIANCE WISE CONSULTING remain the property of COMPLIANCE WISE CONSULTING until such time as payment for Services provided has been made in full.

2. Unless otherwise specified, the prices quoted in the Schedule exclude the re-evaluation of products and/or re-issuing of reports arising from product modification, incorrect Client instructions or any other reason. Where the re-evaluation of products and/or re-issuing of reports is required, any additional costs incurred shall be borne in full by the Client. Re-evaluation of products and/or re-issuing of reports by COMPLIANCE WISE CONSULTING shall only be conducted at the discretion of COMPLIANCE WISE CONSULTING and upon written authorisation of the Client.

 

SAMPLES

1. Samples submitted to COMPLIANCE WISE CONSULTING may be damaged during their evaluation and may be unsuitable for further use at the project’s completion. COMPLIANCE WISE CONSULTING shall not be liable for any damage to test samples or other equipment submitted to COMPLIANCE WISE CONSULTING for any reason whatsoever. Samples will be disposed of without notification after a period of 21 days from the completion of the project unless other arrangements are made by the Client. Where the Client requests that the samples be returned the Client will be responsible for arranging for the collection of the samples at their cost. COMPLIANCE WISE CONSULTING accepts no responsibility for the samples including loss or damage once collected from our nominated collection address.

 

PAYMENT AND PRICING

1. The Client will pay COMPLIANCE WISE CONSULTING for all Services rendered in accordance with the rates specified in this Schedule. Unless otherwise agreed, prices shall exclude insurance, freight charges, bank fees, GST and associated expenses.

2. If COMPLIANCE WISE CONSULTING has approved a credit facility for the Client, COMPLIANCE WISE CONSULTING shall invoice the Client indicating the Services performed in AUD$ with reference to the Schedule and payments will be due in Australian dollars within fourteen (14) days after the date the invoice is issued. If COMPLIANCE WISE CONSULTING has not approved a credit facility for the Client, payment will be required, in full, prior to the commencement of work. If COMPLIANCE WISE CONSULTING has approved a credit facility for the Client, and work is conducted over an extended period, progress invoices may be issued to cover the work conducted to that date and payment of such invoices will be due in accordance with the previous clause. If COMPLIANCE WISE CONSULTING has approved a credit facility for the Client, it may at its discretion require payment in full for associated expenses such as freight and testing fees prior to commencement of work. COMPLIANCE WISE CONSULTING may, in its sole discretion, require payment for any previously issued invoice prior to the provision of any further Services to that Client.

3. COMPLIANCE WISE CONSULTING may also, at its sole discretion and without liability, withhold any reports or samples or suspend the provision of Services, pending payment of any invoice which has not been paid in full by the due date or if the Client commits an act of bankruptcy as defined in the Bankruptcy Act 1966.

4. The Client shall make all payments due under these terms and conditions without set-off or deduction of any kind.

5. Where the supply of Services by COMPLIANCE WISE CONSULTING is a taxable supply for the purposes of any legislation in respect of goods and Services tax (“GST”), GST at the appropriate rate will be added to all prices quoted in the Schedule and will be separately detailed on all invoices.

6. COMPLIANCE WISE CONSULTING shall be entitled to charge the Client a late fee of 3% per month of the total outstanding amount, on any invoices not paid by the agreed due date, as COMPLIANCE WISE CONSULTING is contractually obligated to promptly pay its affiliated entities and suppliers, all costs it incurs on the Client’s behalf.

7. COMPLIANCE WISE CONSULTING may at its discretion add an administration charge to all invoices, which may be discounted on prompt payment of the same.

8. COMPLIANCE WISE CONSULTING also reserves the right to charge a premium for urgent or unscheduled projects.

9. COMPLIANCE WISE CONSULTING may, at its sole discretion, refer overdue invoices to the agency of its choice for debt recovery. The Client is liable to COMPLIANCE WISE CONSULTING for all costs and expenses incurred by COMPLIANCE WISE CONSULTING in recovering money or in connection with the exercise of any of its rights or remedies under these terms and conditions, including commissions, debt collection agency fees and legal costs on a solicitor and client basis.