Entity: BRT Fire Design and Consulting Pty Ltd (ABN [48 691 495 842])
Address: 72 Cala Lane, Glen Aplin, QLD 4381 • Email: [accounts@brt-fdc.com.au] • Phone: +61 0491 008 493
Effective date: 21 August 2025
1. Agreement & Order of Precedence
1.1 These Terms apply to all proposals, fee letters and engagements issued by BRT Fire Design Consulting (“we/us/our”).
1.2 If there is any inconsistency, the order of precedence is: (a) our Proposal (including scope, deliverables, program and fees), then (b) these Terms, then (c) any purchase order (PO). POs are administrative only and do not override these Terms.
2. Scope of Services
2.1 We will perform the services described in our Proposal (the “Services”). Services outside that scope are Variations (see Cl. 7).
2.2 Unless expressly included, we do not provide: certification as a building surveyor/A1 certifier, performance-based fire engineering reports, construction means and methods, site supervision, or authority approvals.
2.3 Our advice relies on information provided by you and project stakeholders; we are not responsible for errors arising from inaccurate or incomplete inputs.
3. Your Responsibilities
3.1 Provide timely and accurate information, decisions, site access and safe working conditions.
3.2 Coordinate other consultants/contractors and notify us promptly of changes affecting the Services.
3.3 Obtain all statutory approvals unless our Proposal states otherwise.
4. Deliverables & Reliance
4.1 Deliverables may include drawings, models (e.g., Revit/Navisworks), calculations and reports.
4.2 Deliverables are prepared for the named project, purpose and client only and must not be relied on by third parties without our written consent.
4.3 “Issued for Construction” status is provided only when expressly stated.
5. Fees & Expenses
5.1 Fees are as set out in the Proposal (lump sum, stages or time-charge at our current rates).
5.2 Disbursements reasonably incurred (e.g., travel outside metro area, printing, authority fees, couriers, specialist software licences) are charged at cost + 10%.
6. Invoicing & Payment
6.1 We invoice monthly in arrears and/or at milestones.
6.2 Payment is due 14 days from the invoice date unless otherwise agreed.
6.3 Late amounts accrue interest at RBA cash rate + 6% p.a., calculated daily, plus reasonable costs of collection.
6.4 If any amount remains unpaid 14 days after its due date we may, on notice, suspend Services (and delivery of files) until all overdue amounts and interest are paid.
6.5 Prices are exclusive of GST. You must pay GST at the prevailing rate in addition to our fees.
6.6 If a PO is required by your systems, you remain liable for payment even if a PO has not been issued.
7. Variations & Out-of-Scope Work
7.1 Changes to scope, design brief, program, building classification, authority requirements, BIM execution requirements, or information issued after our Proposal constitute a Variation.
7.2 Variations will be priced and approved in writing; if urgent work is requested, we may proceed on a time-charge basis pending formal approval.
8. Program & Delays
8.1 We will use reasonable endeavours to meet agreed dates.
8.2 Program extensions and reasonable costs apply where delays are caused by you or others, late information, approvals, site access restrictions, or force majeure (§17).
9. Intellectual Property & Licence
9.1 We retain all IP in our methodologies, templates and native design files.
9.2 Upon full payment, you receive a non-exclusive, non-transferable licence to use the final Deliverables for the project and purpose identified in the Proposal. Unpaid work may not be used or relied upon.
10. Confidentiality & Privacy
10.1 Each party must keep the other’s confidential information secure and use it only for the project.
10.2 We handle personal information in line with our Privacy Policy and the Privacy Act 1988 (Cth).
11. Subconsultants & Personnel
11.1 We may engage competent subconsultants/contractors. We remain responsible for their performance in delivering the Services.
11.2 You will not directly solicit our personnel for employment during the project and for 6 months after completion without our consent.
12. Insurances
12.1 We hold the following minimum cover: Professional Indemnity AUD 5m, Public Liability AUD 5m, Workers Compensation as required by law. Certificates are available on request.
13. Warranties & Disclaimers
13.1 We warrant Services will be performed with due care and skill by suitably qualified personnel.
13.2 To the extent permitted by law, all other warranties are excluded. We are not responsible for construction means/methods, contractor workmanship, product warranties, or latent site conditions.
14. Limitation of Liability
14.1 To the maximum extent permitted by law, our aggregate liability arising out of the Services (whether in contract, tort, statute or otherwise) is capped at the lesser of (a) the fees paid for the Services, or (b) AUD 5 million on a project-by-project basis
14.2 We are not liable for loss of profit, loss of opportunity, or indirect/consequential loss.
14.3 Any claim must be notified within 12 months of the earlier of practical completion or our last deliverable for the project.
15. Indemnity
15.1 You indemnify us against third-party claims to the extent arising from: (a) your breach of these Terms, (b) reliance on documents altered without our consent, or (c) the use of Deliverables for purposes outside the agreed scope, except to the extent caused by our breach or negligence.
16. Work Health & Safety (WHS)
16.1 Each party must comply with applicable WHS laws. When attending site, our role is advisory only; we are not the principal contractor/PCBU for site safety unless expressly agreed.
17. Force Majeure
17.1 Neither party is liable for delays or failure to perform due to events beyond reasonable control (e.g., extreme weather, epidemics, utility or platform outages, industrial action, authority actions). Time is extended for the duration of the event.
18. Suspension & Termination
18.1 Either party may suspend or terminate by 10 business days’ written notice if the other materially breaches these Terms and fails to remedy within that time.
18.2 On termination, you must pay for Services performed, authorised Variations, disbursements, and reasonable demobilisation costs. We will provide the current deliverables up to the effective date.
19. Dispute Resolution
19.1 The parties will attempt to resolve disputes by good-faith negotiation between senior representatives.
19.2 If unresolved after 14 days, either party may refer the dispute to mediation administered by the Resolution Institute (or similar) before commencing litigation, except for urgent interlocutory relief or unpaid invoices.
20. Modern Slavery & Anti-Bribery
20.1 Each party will comply with applicable laws relating to modern slavery and anti-bribery and maintain appropriate policies and controls.
21. Notices
21.1 Formal notices must be in writing and sent to the addresses shown above (or as updated in writing). Email is sufficient.
22. General
22.1 No waiver is effective unless in writing.
22.2 If any provision is invalid, the remainder remains effective.
22.3 You may not assign the engagement without our consent; we may assign to a related body corporate.
22.4 Governing law: the laws of [State/Territory] (default Queensland) and the courts of that jurisdiction.