Terms of Service

1. About these Terms

These Terms govern the supply of consulting and trade services by GARG and Manocha Pty Ltd (we, us or our) to any client (you). They apply to all engagements unless we agree otherwise in a signed engagement letter or written agreement, in which case that document prevails over these Terms to the extent of any inconsistency.

If you accept a quote from us, you confirm that you have read these Terms, that you accept them, and that you are authorised to enter into the engagement on behalf of the client named in the quote.

2. About us

GARG and Manocha Pty Ltd (ABN 95 702 542 336) is a Western Australian company with its principal place of business in Perth, Western Australia. We provide business consulting and trade services to small and medium-sized businesses, commercial clients and property owners across the Perth metropolitan area.

Where any work must be carried out by a licensed tradesperson under Western Australian law, that work is performed by appropriately licensed contractors engaged by us, and we coordinate the delivery of that work as part of the services described in your quote.

3. Definitions

Business Day

A day other than a Saturday, Sunday or public holiday in Western Australia.

Quote

A written quotation provided by us describing the scope of work, the fees and any assumptions or exclusions.

Services

The consulting and trade services described in a Quote or otherwise agreed in writing.

GST

Goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Deliverables

Documents, reports, plans, schedules, completed works and other outputs we supply to you under an engagement.

4. Quotes, engagement and scope

• Quotes are provided in writing and are valid for 30 days from the date of the quote, unless the quote states otherwise.
• Each quote sets out the scope of work, fees, inclusions, assumptions and exclusions. Work outside that scope is a variation and will only proceed after written approval (which may be given by email) of the additional cost and time.
• An engagement commences when you sign the quote, confirm acceptance by email, or pay any deposit we have requested, whichever occurs first.
• For trade call-outs and small works, a minimum engagement may apply as stated in the quote.
• We may decline an engagement, or decline particular work, at our discretion, including where we consider the work requires licensing, certification or approvals we cannot lawfully arrange.

5. Fees, invoicing and payment

• Consulting services are charged on a fixed-fee, hourly or daily basis as stated in the quote. Where time-based fees apply, time is recorded in reasonable increments.
• Trade services are charged as a fixed price where the scope can be defined, or as an estimate based on recorded time and materials where the scope is uncertain. Estimates are not final quotations unless expressly stated.
• We may require a deposit before commencement, particularly to cover materials and supplier commitments. Deposits are credited against the final invoice.
• Invoices are issued in Australian dollars and are payable within 14 days of the invoice date by bank transfer to the account stated on the invoice, unless other terms are agreed in writing.
• If an invoice becomes overdue, we may suspend the services (including work in progress and delivery of materials) until the account is paid, and we may charge interest on the overdue amount at the rate of 2% per annum above the Reserve Bank of Australia cash rate, calculated daily and compounded monthly, together with reasonable costs of recovery.
• If you dispute an invoice, you must notify us in writing within 7 days of the invoice date, setting out the reason for the dispute. You must pay any undisputed portion by the due date, and the parties will resolve the disputed portion under the dispute resolution clause of these Terms.
• You must pay for materials specially ordered for your engagement even if you cancel or vary the work after the order has been placed.

6. GST

Unless stated otherwise, all fees and prices are expressed exclusive of GST. Where a supply under these Terms is a taxable supply, you must pay GST in addition to the fee at the prevailing rate (currently 10%), payable at the same time as the fee to which it relates. We will issue a tax invoice for any taxable supply.

7. Your obligations

You agree to:

• provide accurate, complete and timely information, documents, access and decisions reasonably required for us to perform the services;
• provide safe and reasonable access to premises, sites, systems and records at the times we agree, and comply with all site safety requirements;
• disclose, before work begins, any hazards or conditions at the premises that may affect the work, including the presence of asbestos, structural defects or unreliable services, so far as you are aware of them;
• obtain, at your cost, any permits, approvals, strata consent, landlord consent or body corporate approval required for the work, unless we have expressly agreed in writing to arrange them;
• ensure the premises have safe power, water and access suitable for the work, unless otherwise agreed;
• keep backups of your business data before any engagement that involves your systems, unless we have agreed in writing to arrange backups as part of the scope; and
• promptly review and respond to our requests, as delays in your responses may affect timelines and costs.

8. Trade services

• Quoted prices for materials are subject to supplier availability. Where supplier prices increase before materials are purchased, we will notify you and the increase will form a variation; if you do not approve the variation, we may substitute comparable materials of similar quality.
• We are not responsible for pre-existing defects, latent conditions, non-compliant prior work or the condition of existing structures, unless those matters are within the scope of the quote.
• Work carried out by us is performed with due care and skill. Subject to the Australian Consumer Law, we warrant our workmanship for 12 months from completion of the relevant work. This warranty does not cover defects arising from misuse, unauthorised modification, third-party work, normal wear and tear, or pre-existing conditions.
• Manufacturer and supplier warranties on materials and equipment are passed to you on completion, and we will provide reasonable assistance with warranty claims.
• On completion, we will leave the work area in a reasonably clean and tidy condition, consistent with the scope of the work.
• Where licensed work is required under Western Australian law, that work is carried out by appropriately licensed contractors, and compliance certificates required by law will be provided where applicable.

9. Consulting services

• Our advice, reports and recommendations are prepared for you and based on the information you provide and the scope agreed in the quote. You are responsible for the final decisions you make, including commercial, financial and legal decisions, and for obtaining any specialist advice outside our scope.
• While we work diligently and with professional care, we do not guarantee any particular commercial outcome, including revenue levels, cost savings, funding approvals, grant outcomes or regulatory decisions. Nothing in this clause limits your rights under the Australian Consumer Law.
• The number of revision rounds for Deliverables is as stated in the quote. Additional revisions are a variation.
• Our Deliverables are prepared for your internal business use. You must not rely on them, or represent that they may be relied on, by any third party without our prior written consent.

10. Confidentiality

Each party must keep confidential all non-public information it receives from the other party in connection with an engagement, and use it only for the purposes of the engagement. This obligation does not apply to information that is or becomes public through no breach, was lawfully known before disclosure, is independently developed, or must be disclosed by law or by a regulator or court. This obligation survives completion or termination of an engagement.

11. Intellectual property

• Each party retains ownership of its pre-existing intellectual property, including our frameworks, templates, methodologies, tools and know-how.
• On full payment of the fees for an engagement, you receive a perpetual, royalty-free licence to use the Deliverables prepared for you for your internal business purposes.
• We retain all rights in our underlying methodologies and tools, and nothing in these Terms transfers ownership of those to you.
• You warrant that any materials you provide to us do not infringe the intellectual property or other rights of any third party, and you indemnify us against claims arising from materials you provide.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies, or purports to exclude, restrict or modify, any consumer guarantees, rights or remedies that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded.

In plain terms: our services come with guarantees under the Australian Consumer Law that cannot be excluded. If a failure to meet a guarantee is a major failure, you may be entitled to cancel the engagement and obtain a refund of the amounts paid for the affected services, or, in some cases, to compensation for reasonably foreseeable loss or damage. If the failure is not a major failure, we will remedy the failure within a reasonable time.

13. Liability

• To the maximum extent permitted by law, and subject always to the Australian Consumer Law clause of these Terms, neither party is liable to the other for indirect, special or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, however caused.
• Subject to the preceding paragraph and to the Australian Consumer Law, our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid or payable by you for the services to which the claim relates.
• Where the Australian Consumer Law applies and it is fair to do so, we may also, at our option and to the extent permitted by law, remedy a failure to supply services that are not of a kind ordinarily acquired for personal, domestic or household use by resupplying the services or paying the cost of having the services supplied again.
• You are liable for any loss we suffer arising from your breach of these Terms, your provision of inaccurate information, or your interference with, or unauthorised alteration of, work we have performed.

14. Suspension and termination

• Either party may terminate an engagement by giving at least 14 days written notice to the other party.
• Either party may terminate an engagement immediately by written notice if the other party commits a material breach of these Terms and fails to remedy it within 7 days of written notice, or becomes insolvent, enters liquidation or administration, or ceases to carry on business.
• We may suspend the services if an invoice is overdue or if you fail to provide information, access or approvals necessary for us to proceed. We will give you written notice before suspending work, except where suspension is required for safety or legal reasons.
• On termination or expiry of an engagement, you must pay all fees for work performed, materials ordered and commitments made up to the date of termination. We will return your property and any prepaid fees for services not performed, less amounts properly owed.
• Clauses that by their nature survive termination, including confidentiality, intellectual property, liability, dispute resolution and governing law, continue after termination.

15. Delays and events beyond our control

We are not liable for delays or failure to perform caused by events reasonably beyond our control, including supplier or freight delays, extreme weather, industrial action, utility failures, pandemics, or changes in law or regulation. We will notify you promptly of any such event and of its expected impact on timing and cost, and the parties will agree a reasonable adjusted schedule. If a delay caused by such an event continues for more than 30 Business Days, you may terminate the affected engagement on written notice and pay only for work performed and commitments made to that date.

16. Dispute resolution

If a dispute arises out of or in connection with these Terms or an engagement, the parties must first attempt to resolve it by good-faith negotiation between nominated representatives within 20 Business Days of a written notice of dispute. If the dispute is not resolved within that period, the parties may agree to mediation in Perth, Western Australia, with the mediator and costs agreed between them. Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief, or from exercising rights under the Australian Consumer Law.

17. Governing law and jurisdiction

These Terms are governed by the laws of Western Australia and the laws of Australia that apply in Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia. Your rights under the Australian Consumer Law apply in addition to, and are not limited by, this clause, and consumers may also have rights to bring proceedings in their place of residence under that law.

18. Privacy

We handle personal information in accordance with the Australian Privacy Principles and our Privacy Policy. By engaging us, you consent to us collecting, using and disclosing personal information as described in the Privacy Policy, including contacting you about your engagement. You warrant that any personal information you provide to us about third parties (such as employees or contractors) has been collected lawfully and that those persons have been notified as required by law.

19. Notices

Notices under these Terms must be in writing and may be given by email. Notices to us must be sent to ceo@gargandmanocha.site. Notices to you may be sent to the email address stated in your quote or provided by you during the engagement. A notice sent by email is taken to be given on the next Business Day after it is sent, unless a delivery failure is notified to the sender.

20. Changes to these Terms

We may update these Terms from time to time. The current version is published on this website with the date of last update shown at the top of this page. The Terms in force at the time you accept a quote apply to that engagement. Where we propose a change that materially affects an active engagement, we will notify you in writing before it takes effect, and continued acceptance of services after that notification constitutes acceptance of the updated Terms.

21. General

• These Terms, together with any accepted quote and signed engagement letter, form the entire agreement between the parties regarding the engagement.
• If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force.
• Our failure to enforce a provision is not a waiver of that provision or any other provision.
• You must not assign or transfer your rights under an engagement without our prior written consent. We may subcontract parts of the services but remain responsible for their performance.
• Headings are for convenience only and do not affect interpretation.

22. Contact us

If you have questions about these Terms, the fastest way to reach us is by email at ceo@gargandmanocha.site. We aim to respond to all enquiries within one Business Day.

GARG and Manocha Pty Ltd
ABN 95 702 542 336
Perth, Western Australia
Email: ceo@gargandmanocha.site

For general enquiries, visit our contact page. To obtain pricing for your project, request a quote. See also our Privacy Policy.