Soilmaster (TM) Copyright 1996 - Soilmaster(TM)
TERMS AND CONDITIONS - All Contractual Work
FAX 0248 22 1108
Mobile 0428 483 155
Web Site www.soilmaster.com
e- mail soils [@] soilmaster.com
TERMS OF ENGAGEMENT on and from 01/07/96
1. Consultant: The
consultant will act in all professional matters as faithful
to the client, whose interest shall be watched with skill and
will be allocated to this consultancy on the basis of their area
The consultancy will be managed by Mr. R. Cumming. &/or ............................................................
2. The consultant shall inform the client as necessary or agreed on the state of the consultancy. The client shall be kept informed on all matters which vary the costs or involve substantial modification.
3. Assistance of Client: The client shall furnish all relevant information available to him and shall give any assistance that may reasonably be required by the consultant for the execution of his duties. Where written instructions exist, the Company will rely on these completely.
4. The client shall give a decision on all questions put to him by the consultant in such reasonable time as not to delay the work of the consultant.
5. Modification of Work: The consultant will not, without approval of the client authorise any modification of the work that will involve substantial extra cost. Where written instructions exist, the Company will rely on any written instructions or orders completely.
6. Scope of services: This will be that expressed in the arrangements made with the client. (Appreciation of the Brief- Written or Verbal)
7. Estimate of Fee: The
fee for this consultancy is estimated at
Rates or quote: See attached schedule based
Water Analysis ( ) samples plus gst
Plant Analysis ( ) samples plus gst
Further sampling: Should it become necessary to undertake further sampling or work, except that already supplied to or contracted to the Company, this will be done after consultation and with the concurrence of the client and the following charges would apply (until further notice effective from 01/07/96):
Site/field work (including traveling time): Principal
to $150 per hour (inclusive of mileage)
Field Staff : $45.00 per hour (plus mileage rate) plus gst
Office: Principal/consultant : $95.00 to $ 250 per hour
Office Staff : $45.00 per hour minimum
9. Professional Consultants: If the consultant considers it necessary he shall, with the client's approval, obtain the services of other professional consultants. The client shall reimburse the consultant all fees paid to secondaryconsultants.
10. Accounts: Progress
acounts for total fees for services rendered by the consultant
shall become due and payable immediately upon rendering an account
client. The consultant will render accounts monthly. All accounts
immediately on completion of the service.
11. Outstanding accounts - Consultant retains the right to suspend work without notice until complete payment is recieved or to refer or contact Credit Reference (BayCorp Advantage) as to the credit worthiness of the client.
12. Disbursments: In addition to fees payable under other provisions of these Terms of Engagement the client shall pay the consultant for all disbursements properly made in connection with the work, including hire of equipment and accommodation expenses and interest after 10 days of the submission of an account at 2.0% per month, plus any fees applicable to collection of accounts.
13. Documents: All documents prepared by the consultant are the property of the consultant. On completion of the consultancy, the client shall be entitled to retain copies of the documents made by the consultant which are necessary for future work, but not so as to infringe copyright or trademarked information. No documents shall be available to the client until all accounts are paid or any oustanding monies satisfactorily settled.
14. Appreciation of the Brief: Attached / As per quote / Verbal
15. Completion: It is expected that the study will be completed, and a report submitted within ( ) months of the commencement date.
16. Assessment of Reports:
All reports that are issued to third parties (such as Councils)
are normally subject to assessment and conditions that may or may
applied at the time of submission of the report or subsequent
These conditions may require work that is outside the scope of the original consultancy brief and is outside the control of the Consultant. There may be a time lag during this process, which is outside the control of the Consultant. Further fees will/ may be applicable to this work.
17. Directors Guarantee: All dealings with a Corporate entity are with the benefit of a Directors guarantee for full and complete payment and are regarded as a personal undertaking of the Director or Manager or other responsible Corporate employee (see condition 11)
Completion of the study is anticipated on/ before: / / 20 .
Programme The Soilmaster Programme is
by a Registered Trademark # 742892 and is Copyright, conferring
to all intellectual property contained in a or any report. All
given is confidential and relates to the specific operation and
the concept of Balanced Fertility Management(TM)
Animals within an operating farm system. The information cannot be
until all transactions are complete. Each client/ member of the
programme, by the payment of the agreed fee, agrees to
of the programme and not supply any of the information to third
without the express permission of Reme Pty Ltd.
All Soilmaster clients are part of a 12 month programme that is
billed at the commencement of the 12 month period (as at January
new year) and applies to the
following 12 months. The fee must be paid at commencement or by
terms with the Company.