Standard Terms

AS-BUILT LEARNING EXCHANGE's OBLIGATIONS

As-Built Learning Exchange (ABLE) shall provide to the Business, Association or Regulator services in respect of the Project in accordance with the written project description provide by ABLE and agreed to by the Business, Association or Regulator and in accordance with these Standard Terms.

THE BUSINESS, ASSOCIATION OR REGULATOR OBLIGATIONS

The Business, Association or Regualtor shall pay ABLE for these services in accordance with the conditions set out herein.

ABLE’s RESPONSIBILITY AND AUTHORITY

Service

In the performance of the project ABLE shall exercise reasonable skill and care in conformity with the normal standards of practice within the building industry.

Insurance

ABLE shall at all times during the term of the project have and maintain in force a current professional indemnity insurance policy for an amount of not less than $2,000,000.

Variation to design

ABLE shall not make any material alteration to, addition to or omission from the project criteria without the consent of the Business, Association or Regulator.

Other consultants

The Business, Association or Regulator may, at its expense, appoint other specialist consultants, contractors and/or suppliers with whom ABLE is required to co-ordinate the performance of the services in order to complete the project. ABLE shall comply with directions from the Business, Association or Regulator in order to integrate services.

Specialist contractors and suppliers

Where the Business, Association or Regulator directs that specialist consultants, contractors and/or suppliers develop part of the project ABLE shall be responsible only for the integration of such development into the design of the project as a whole and makes no warranty as to the suitability of the design of that part of the project.

Co-ordination

ABLE is required to co-ordinate the provision of its services with the activities of the specialist consultants, contractors and/or suppliers and at the direction of the Business, Association or Regulator. ABLE shall report regularly to the Business, Association or Regulator and, when requested, attend meetings and be prepared to answer questions and deliver advice in connection with the performance of its services.

THE BUSINESS, ASSOCIATION OR REGULATOR’S RESPONSIBILITY

The Business, Association or Regulator’s instructions

The Business, Association or Regulator has given to ABLE instructions adequate to define the Business, Association or Regulator’s project requirements and if requested shall provide further instructions.

OTHER CONDITIONS

Ownership of documents, copyright

The drawings, specifications, building solutions and other documents provided by ABLE are the property of ABLE whether the work for which they are made is executed or not. The Business, Association or Regulator is licensed to use the drawings, specifications and other documents for the works for which they are made. They shall not be used for other work except by agreement with ABLE. Copyright in all drawings, specifications and other documents and in the work executed from them remains the property of ABLE.

Termination

The project may be terminated by either party on the expiration of 30 days notice given in writing. Upon termination ABLE shall be entitled to reasonable payment for services provided in accordance with the agreed terms. Where the project is terminated by the Business, Association or Regulator other than because of default by ABLE, or is terminated by ABLE because of the default by the Business, Association or Regulator, ABLE shall be entitled to reimbursement for any expenses reasonably incurred by ABLE in anticipation of it providing the balance of the services contemplated in the project description.

Assignment

Neither the Business nor ABLE shall assign or transfer any right or entitlement under the project without the written consent of the other which consent may be withheld in their absolute discretion.

Disputes

In the event that any dispute or difference whatsoever shall arise between the Business, Association or Regulator and ABLE from the performance or as to the meaning of this agreement such dispute or difference shall be submitted to arbitration in accordance with and subject to The Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitrations.

Fees

The fee payable to ABLE shall either be:

Agreed prior to commencement of work for any Project; or
Paid by 31 January each year in advance for the relevant year as an annual retainer.

Disbursements

The Business, Association or Regulator shall reimburse ABLE for expenses reasonably and properly incurred in connection with services provided under the project description. Such expenses include: