Terms of Engagement
These Terms of Engagement set out the basis on which Apex Approvals Pty Ltd provides building certification services for residential building work (Class 1 and 10) in Queensland.
A building certifier performs a statutory function. The private certifier must assess the Project on its merits and in accordance with law, and may be required to act contrary to the Client's commercial interests.
Apex cannot agree, as a condition of engagement or otherwise, to approve the Project, to reach any particular outcome, or to refrain from performing any statutory function. Any such agreement would be of no effect. Nothing in these Terms, the Fee Proposal, or any conduct of the parties operates to limit the obligations of Apex or its private certifier under the Building Act 1975 (Qld) or the Code of Conduct for Building Certifiers. Only one building certifier may be engaged for the Project at any time.
Application of These Terms of Engagement
These Terms of Engagement apply in conjunction with any Quote, Fee Proposal, Engagement Agreement or other written engagement accepted by the Client under which Apex Approvals Pty Ltd provides building certification services, including the services of an appropriately licensed private certifier.
These Terms apply to all services, functions and actions arising from or associated with the engagement, including assessment and certification services, inspections, requests for information, statutory forms, notices, certificates, lodgements, finalisation and discontinuance of the engagement.
The Quote and these Terms of Engagement together constitute the Engagement Agreement for the relevant Project.
Where a function is required by law to be performed by an appropriately licensed private certifier, that function will be performed by the individual private certifier.
Engagement and Acceptance
By accepting the Quote electronically, otherwise confirming acceptance of the Quote, and/or making any payment requested under the Quote after being provided with access to these Terms of Engagement, the Client confirms that they have read, understood and accepted the Quote and these Terms of Engagement.
The Quote and these Terms of Engagement together constitute the Engagement Agreement between the Client and Apex Approvals Pty Ltd for the Project.
Scope of Services
Apex Approvals Pty Ltd (Apex), together with its Building Certification Team and appropriately licensed private certifier(s), is engaged to provide building development application assessment and certification services for the Project described in the Engagement Agreement. Where relevant to the Project, the services include:
Services included
Building design or drafting; engineering, energy, soil, wind, stormwater, wastewater and other consultant reports; council or authority fees not expressly included; referral-agency applications, siting variations and applications to build over or near infrastructure (available as additional services under clause 5.7); assessment or rectification of pre-existing, unapproved or unlawful building work; identification, assessment, removal or management of asbestos, contamination or other hazardous materials; and any matter beyond the assessment scope. Commercial (Class 2–9) work is provided under a separate scope and a separate agreement.
Services excluded
Client Responsibilities
Assessment and Requests for Information
Assessment is carried out under clauses 1.1 and 1.4. Where further information is required, Apex notifies the Client in writing of the delay and the information required. The following circumstances entitle Apex to issue a written variation notice and to vary the fee to reflect the reasonable additional cost of the varied work.
Inspections
The inspections included in the fee are the mandatory inspections required by the Building Act 1975 (Qld) for the Project, as listed in the Inspection Schedule in the Fee Proposal (clause 1.2).
Any inspection beyond those listed in the Inspection Schedule — including any re-inspection of work that is incomplete, inaccessible, concealed or non-compliant, and any inspection attended where the work was not ready — is charged as an additional fee under clause 4.2.7 or clause 5.6.
The Client must book inspections as required and must not cover or conceal work that is to be inspected (clause 10.2(c)), and must give Apex such access to the site as is required (clause 10.2(b)).
Statutory Forms, Notices and Lodgements
Fees and Payment
The total lump sum fee (inclusive of GST) is as stated in the Quote and Fee Proposal for the Project.
Agreed fees
Payment terms
Discontinuance and Termination
Suspension of services
Termination
Apportionment and refunds
Client Acknowledgements
By entering into the Engagement Agreement, the Client acknowledges and agrees that:
General Terms
Intellectual property and data
Privacy
Liability limitation and indemnity
Warranties
Force majeure
Confidential information
Insurance
Dispute resolution
Miscellaneous
Notices
Interpretation
Definitions
Nothing in these Terms of Engagement excludes, restricts or modifies any right or remedy the Client has under the Australian Consumer Law, the Building Act 1975 (Qld) or any other law that cannot lawfully be excluded.
Apex Approvals Pty Ltd · ABN 73 695 424 438 · Terms of Engagement — Residential (Class 1 and 10), Queensland. Published for reference. The executed Engagement Agreement and Fee Proposal issued for a particular Project prevail over this page.
