CONSULTANCY SERVICES SCHEDULE
The following terms and conditions apply when Weld Australia ABN 63 003 696 526 (Weld) provides Engineering Consultancy Services to its customers (Customer, you).
The terms and conditions set out in this document (Consultancy Services Schedule) are in addition to Weld’s General Terms and Conditions available at https://weldaustralia.com.au/general-terms-and-conditions/ (GTC). If there is any inconsistency between the GTCs and this Consultancy Services Schedule, the latter prevail over the former to the extent necessary to resolve the inconsistency.
All capitalised terms have the meaning given to them in the GTC unless otherwise defined in this document.
1. Deliverables
1.1. Weld will supply to you the Engineering Consultancy Services specified in the Order (Deliverables).
1.2. Weld will supply the Deliverables with the degree of skill, care, and diligence reasonably expected of a professional engineering consultancy under similar circumstances. No other warranty, express or implied, is given.
1.3. Any services, consultation and technical advice requested by you which is not included in the Deliverables will be managed as a change request in accordance with the GTC. Unless, specified otherwise in the applicable Order, Deliverables do not include the interpretation of results, reviewing and discussing reports or results with third parties and additional services required because of delays or interruptions caused by anyone outside of Weld’s control.
1.4. The Deliverables are provided solely for the purpose and project set out in the Order. You must not rely on the Deliverables for any other purpose, and no third party may rely on the Deliverables without Weld’s prior written consent.
2. Reports
2.1. Unless specified otherwise in the Contract, written reports will not be issued until payment for the Deliverables has been received in full.
2.2. Unless specified otherwise in the Contract, Weld will supply an electronic copy of each report.
2.3. Unless specified otherwise in the Contract:
(a) Subject to clause 2.3(b), all Intellectual Property Rights in Deliverables specifically created for and paid for by the Client under the Contract, including project-specific reports, welding procedures, specifications and associated documentation, shall vest in the Client upon full payment of all amounts due under the Contract.
(b) Weld retains ownership of all pre-existing Intellectual Property Rights, methodologies, templates, tools, systems, know-how, and materials developed independently of the Contract (“Background IP”). To the extent that any Background IP is incorporated into the Deliverables, Weld grants the Client a perpetual, non-exclusive, royalty-free licence to use such Background IP solely as part of and for the purpose of using the Deliverables.
(c) Weld may retain copies of the Deliverables for record-keeping, insurance, quality assurance, and professional compliance purposes and may use general knowledge, experience, feedback and non-confidential concepts derived from the performance of the Services in future work.
2.4. All analyses, results, conclusions and recommendations contained in a report are based on samples, data, and other information supplied to Weld by you or others on your behalf. Weld does not accept any responsibility or liability for the representativeness of samples, or the accuracy and completeness of any other data or information, so supplied.
2.5. Except to the extent caused by Weld’s failure to comply with the Contract, Weld is not responsible or liable for:
(a) any interpretation, extrapolation, inference or assumption made by you or any other person in respect to the Deliverables supplied by Weld;
(b) any decision made, or action taken or not taken, by you or any other person in reliance on the Services or Deliverables;
(c) any modification, selective use, or use of a Deliverable other than in its entirety; or
(d) any use of the Deliverables for a purpose other than the specific purpose for which they were prepared.
2.6. You acknowledge that all decisions regarding implementation, commercial feasibility, risk acceptance and regulatory compliance in respect to the Deliverables and their subject matter remain your sole responsibility.
2.7. To the extent permitted by law, you indemnify Weld from and against any claim brought against Weld or any of its related entities in relation to any of the matters set out in clauses 2.5 and 2.6.
3. Customer responsibilities
3.1. Weld relies on the accuracy and completeness of information provided by you. Weld is not responsible for errors, omissions, or consequences arising from inaccurate, incomplete, or misleading information.
3.2. You are responsible for ensuring that any site accessed by Weld personnel is safe and complies with all applicable laws and regulations. Weld accepts no liability for injury, damage, or loss arising from unsafe site conditions or from factors beyond Weld’s control.