Terms & Conditions

Dexcon Engineering Group

Effective Date: 8th of July 2025

1. Terms and Conditions

Agreement

These terms and conditions form the agreement upon which Dexcon Engineering Group (ABN 24 548 541 496) (“Dexcon” “us” “our” “we”) will provide services to our Clients (“you” “your”). By signing the quotation acceptance, you confirm that you have read, understood, and agree to be bound by these terms and conditions. These terms will take effect from the date of acceptance and will remain in force until the completion of the agreed services.

These terms and conditions, together with our quotation, constitute the entire agreement between Dexcon and the client.

Quotations

Our quotations are valid for a period of 30 days from the date of issue. If not accepted within this timeframe, the offer will lapse and pricing may be subject to change. Each quotation outlines the specific services and deliverables included for the stated price. Any items not expressly mentioned in the quotation are excluded from the scope of services provided.

Payment

We request upfront payment of our fees prior to commencement of the Work unless negotiated or stated otherwise.

Completion

The works shall be deemed complete when, in Dexcon’s opinion, they have been carried out in accordance with the terms of the quotation. The timeframe for delivery of services will be as mutually agreed upon. Dexcon shall not be held liable for any loss, including consequential loss, loss of profits, or liquidated damages incurred by the Client due to delays arising from circumstances beyond Dexcon’s control. Such circumstances may include, but are not limited to, delays caused (directly or indirectly) by the Client, restricted access to the site, or industrial disputes.

In the event of any delay outside Dexcon’s control, the estimated completion date may be reasonably extended at Dexcon’s discretion. Alternatively, Dexcon reserves the right to terminate the agreement without liability, in which case Dexcon will be entitled to payment for all works completed up to the date of termination.

Liability and Limitation

To the extent permitted by law:

Dexcon’s liability for any claim arising from the provision of services is limited to the amount of the fees paid for those services.
Dexcon is not liable for any consequential loss, loss of profits, or liquidated damages.
Dexcon provides services in accordance with the Australian Consumer Law and nothing in this Agreement excludes rights that cannot be lawfully excluded.

Variation and Termination

Variations to the scope of services must be agreed in writing. Dexcon may terminate the Agreement if the Client breaches its obligations or fails to make payment. The Client may cancel the Agreement prior to commencement without cost. If cancelled after work has commenced, fees will be charged for all completed work.

Obligations of the Client

Where there is more than one client, all parties shall be jointly and severally bound by the terms of this agreement.

The Client agrees to ensure, at no cost to Dexcon, that:

The site is clear, clean, and safe, with uninterrupted and direct access provided to Dexcon’s personnel, sub-consultants, and subcontractors, where a site inspection or assessment is required;
All relevant site information, existing plans, reports, surveys, and utility data necessary for the engineering design are provided in a timely and complete manner;
Any materials, documents, or input identified in the quotation or requested during the design phase as being required from the Client are supplied without undue delay;
Adequate communication channels are maintained to facilitate review, feedback, and coordination between Dexcon and the Client (including consultants, architects, or builders where applicable);
Appropriate digital formats are provided for any documents to be issued or incorporated into design models (e.g., DWG, PDF, REVIT, etc.);
All Client-supplied data is accurate and complete;
Necessary permits, approvals, or third-party consents (where the Client is responsible) are obtained in a timely manner to allow Dexcon to progress without disruption; and
Reasonable facilities and access are provided to enable Dexcon to efficiently and safely carry out inspections, meetings, and any required on-site assessments.

Default by Client

If the Client breaches any obligation under this agreement, or under any other agreement with Dexcon, Dexcon reserves the right to suspend or cancel the performance of the works, in whole or in part, or to terminate this contract entirely. In such circumstances, Dexcon shall be entitled to full payment for all services provided up to the date of suspension, cancellation, or termination, including the total quoted amount plus applicable GST.

Warranties and Indemnities

Dexcon provides the services outlined in this Agreement in accordance with the Australian Consumer Law. The following exclusions and limitations apply to the extent permitted by law:

From time to time, Dexcon may recommend that Clients seek services from third-party providers. These recommendations are provided in good faith based on professional opinion; however, Dexcon does not warrant or guarantee the performance of any third-party provider not directly engaged by Dexcon. Any engagement between the Client and a third party is solely at the Client’s discretion and risk, and subject to separate terms agreed between those parties.
Clients are responsible for ensuring that Dexcon representatives can safely access and attend their premises. Clients agree to indemnify Dexcon against any injury, loss, or damage suffered by a Dexcon representative as a result of unsafe conditions at the Client’s premises.
Where applicable, Clients will be provided with a preliminary or draft version of the deliverables for review. It is the Client’s responsibility to review and identify any required corrections. Approval of the preliminary or draft documents confirms that the Client accepts all details as accurate. Dexcon shall not be liable for any errors or omissions not identified by the Client prior to approval, and the Client releases Dexcon from any liability, claim, loss, or damage arising from such errors or omissions.

Dexcon retains full ownership of all copyrights and intellectual property rights in its designs and deliverables until payment has been received in full. Upon settlement of all outstanding fees, Dexcon will transfer copyright in the relevant materials to the Client, subject to the condition that the Client grants Dexcon a perpetual, irrevocable, royalty-free licence to use the designs for reference, promotional, and/or advertising purposes.

Force Majeure

Except for the Client’s obligation to make payment, a Party’s failure to perform any part of this Agreement shall be excused to the extent that such performance is rendered impossible or impractical due to circumstances beyond its reasonable control. These include, but are not limited to: acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, natural disasters, war, acts of public enemies, terrorism, riots, civil unrest, malicious damage, sabotage, revolution, or any acts, orders, or restrictions imposed by government or regulatory authorities.

Governing Law

This agreement is governed by the laws of Victoria, Australia.

Entire Agreement

These Terms, together with our quotation, represent the entire agreement between Dexcon and the Client and supersede all prior negotiations or communications.

Amendments

Dexcon may update these Terms from time to time. The updated Terms will apply to all future engagements and will be published on our website.

Updated: 8th of July 2025