Terms and Conditions for Forensic Inspection Services
Titan Engine Forensics Pty Ltd
1. AGREEMENT
By engaging Titan Engine Forensics Pty Ltd to provide any Services, the Client agrees to be bound by these Terms and Conditions in full.
2. DEFINITIONS
“We”, “Us”, “Our” and “Company” means Titan Engine Forensics Pty Ltd ACN 696 555 914, its directors, officers, employees, agents and subcontractors.
“Client” means the person or entity engaging Our Services, including any solicitor, law firm, insurer or representative.
“Services” means forensic inspections, expert opinions, preparation of expert reports (initial or supplementary), attendance at court, NCAT or tribunals, and related consultancy services.
“Report” means any written or oral expert opinion, report or supplementary material provided by Us.
All amounts are inclusive of GST.
3. NATURE OF SERVICES
We provide independent expert witness and forensic inspection services specialising in automotive engine and mechanical failure analysis.
We do not perform mechanical repairs, maintenance, modifications, or any physical repair work. Any physical tasks (if required) are carried out by appropriately licensed third-party mechanics. Our role is limited to inspection, analysis, and the provision of impartial expert opinions.
4. ENGAGEMENT AND DEPOSIT
A non-refundable deposit of 50% of the quoted fee is required before We commence any Services. The balance is payable upon delivery of the Report or completion of the Services, unless otherwise agreed in writing. Time is of the essence for all payments.
5. CANCELLATION AND SCOPE CHANGES
Once work has commenced or an inspection has been scheduled, the deposit is non-refundable. If the Client cancels or materially changes the scope, the Client will be invoiced for all work performed on a pro-rata basis plus any unavoidable costs.
6. EXPERT WITNESS CODE OF CONDUCT
We strictly comply with the Expert Witness Code of Conduct in Schedule 7 of the Uniform Civil Procedure Rules 2005 (NSW). Our overriding duty is to the Court or Tribunal. All opinions are independent and impartial. Our fees are not contingent on the outcome of any proceedings.
7. CLIENT OBLIGATIONS AND INDEMNITY
The Client must provide all relevant information, documents, and access in a timely manner. The Client warrants that all instructions and information supplied to Us are accurate and complete.
The Client indemnifies and must keep Us harmless from any loss, liability, claim, cost or expense (including legal costs on an indemnity basis) arising from:
(a) any inaccuracy, incompleteness or misleading nature of information or instructions provided by the Client;
(b) any misuse or unauthorised reliance on Our Report by the Client or any third party; or
(c) any breach by the Client of these Terms.
8. INTELLECTUAL PROPERTY
All Reports, methodologies, templates, photographs and materials created by Us remain Our intellectual property. The Client is granted a limited, non-transferable licence to use the Report solely for the purpose for which it was commissioned. The Client must not reproduce, modify, or provide the Report to any third party without Our prior written consent (except as required by court order).
9. CONFIDENTIALITY
The Client must keep confidential all information supplied by Us (including the content of Reports) except as required by law or court order. This obligation survives termination of the engagement.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, including under the Australian Consumer Law:
(a) Our total aggregate liability to the Client (whether in contract, tort, negligence, breach of statutory duty, or otherwise) arising out of or in connection with the Services or any Report is strictly limited to the total fees actually paid by the Client to Us for the relevant Services;
(b) We are not liable for any indirect, consequential, special, incidental or punitive loss or damage, including (but not limited to) loss of profit, revenue, goodwill, business opportunity, or anticipated savings;
(c) We are not liable for any loss or damage arising from reliance on the Report where the Client has not provided complete or accurate instructions.
Nothing in these Terms excludes or modifies any non-excludable rights or remedies under the Australian Consumer Law or other applicable legislation.
11. FORCE MAJEURE
We are not liable for any delay or failure to perform Our obligations due to events beyond Our reasonable control (including illness, court scheduling changes, pandemics, or third-party mechanic unavailability).
12. COMPLAINTS
Any complaint must be notified to Us in writing within 7 days of delivery of the Report. We will respond promptly and in good faith.
13. DISPUTE RESOLUTION
Any dispute must first be attempted to be resolved by good-faith negotiation between the parties. If unresolved within 14 days, the parties agree to mediation before commencing court or tribunal proceedings.
14. GOVERNING LAW
These Terms and Conditions are governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts and tribunals of New South Wales.
15. VARIATION AND SEVERANCE
We may update these Terms from time to time. The version in force at the time of engagement applies. If any provision is held invalid or unenforceable, it will be severed and the remaining provisions will continue in full force.
16. ENTIRE AGREEMENT
These Terms and Conditions, together with any Quote or Letter of Engagement, constitute the entire agreement between the parties and supersede all prior representations or discussions.
Terms and Conditions updated: 31 March 2026
Titan Engine Forensics Pty Ltd ACN 696 555 914
