This document outlines the standard terms and conditions under which Comtel Consultants & Infraprojects Pvt. Ltd. ("the Company") agrees to provide civil engineering consultancy services. By engaging the Company, the Client agrees to be bound by these terms.
The Company: Refers to Comtel Consultants & Infraprojects Pvt. Ltd., a global engineering solutions provider with expertise in river valley projects, hazardous waste treatment, ports, harbours, jetties, and building construction projects.
The Client: Refers to the individual, organization, or entity that contracts the Company for its services.
The Agreement: The entire contract between the Company and the Client, consisting of the proposal, any specific project agreements, and these Terms and Conditions. Any variation to these terms must be in writing and signed by a director of the Company.
The Services: Encompass the consultancy, planning, design, supervision, and project management services as detailed in the specific project proposal or agreement.
Service Description: The Company provides engineering consultancy as described in the project proposal. The Client acknowledges that the Company's role is that of a consultant and advisor, unless expressly agreed otherwise in writing.
Client Information & Access: The Client shall provide all necessary information, surveys, legal descriptions of the property, and site access in a timely manner to enable the Company to perform its services. The Client warrants that all information provided is complete and correct.
Permits and Regulations: While the Company will assist in obtaining necessary permits for the Work described in the agreement, the Client is ultimately responsible for all applicable permitting fees, approvals, easements, and ensuring the project complies with local zoning and regulations.
Client's Responsibility: The Client is solely responsible for complying with all environmental laws, including the Resource Conservation and Recovery Act (RCRA) and other hazardous waste management regulations. The Client must properly characterize, document, and label any hazardous substances or wastes present on the project site.
Indemnification for Hazardous Materials: The Client agrees to defend, indemnify, and hold the Company harmless from any claims, liabilities, or costs arising from the handling, transportation, or disposal of hazardous wastes, or from the Client's failure to properly characterize any such materials. The Client warrants that the Company shall not be deemed a "generator" or "arranger" of hazardous waste simply by providing advisory services.
Payment Schedule: The Client agrees to compensate the Company as outlined in the project agreement. A typical payment structure may include:
Late Payment: Invoices are due net thirty (30) days from the date of issuance. The Company reserves the right to charge a finance charge for balances past due.
Pricing Adjustments: The Company may adjust pricing with prior written notice due to factors such as inflation, currency fluctuations, increased material costs, or changes in regulatory charges.
Standard of Care: The Company warrants that it will perform its services in accordance with the prevailing industry standards for engineering consultancy.
Limitation of Liability: The Company's total liability to the Client, if any, shall be limited to the amount of its professional liability insurance or the fees paid for the specific services in question, whichever is less.
Insurance: The Company shall maintain appropriate professional liability (Errors & Omissions) insurance and a general liability policy. Certificates of insurance will be provided to the Client upon request.
Client's Insurance: The Client shall maintain property insurance to cover the value of its property and any work in progress.
River Valley & Multidisciplinary Projects: The Client acknowledges the Company's extensive experience in planning and overseeing significant multidisciplinary riverain projects in Eastern India, including shipyard modernization and jetty construction. All services in these domains will be subject to the specific conditions and regulatory frameworks applicable to such infrastructure.
Ports, Harbours, and Jetties: Services related to marine structures will be executed in compliance with all relevant maritime and port authority regulations.
Building and Construction Projects: For construction-related consultancy, the Client is responsible for providing a site ready for work, including all necessary access and permissions.
Termination for Cause: Either party may terminate the agreement if the other party commits a material breach and fails to remedy it within a specified cure period.
Termination for Convenience: Either party may terminate this agreement without cause by giving the other party ninety (90) days' written notification.
Governing Law: This agreement shall be governed by the laws of India.
Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement: This document, together with any executed project proposal, constitutes the entire agreement between the parties and supersedes all prior discussions and agreements.
This document represents the standard terms and conditions of Comtel Consultants & Infraprojects Pvt. Ltd. and is subject to change without prior notice.
