Macarthur Architecural Drafting : Terms and Conditions :

Macarthur Architecural Drafting
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Terms and Conditions

From here within Macarthur Architectural Drafting Services shall be referred to as M.A.D.S


DEFINITION

Invoice

The term Final Invoice shall refer to the final cost of Services performed based on the Quotation with any variations as per these terms and conditions.


The Quotation

The term Quotation shall refer to the fee Quotation and include these terms and conditions.


Brief

At inception of the project based on the Client's initial statement of requirements. This may be revised and agreed between parties as the project develops and may be inferred from any drawings prepared by M.A.D.S and agreed with the Client.


Services

The Services to be performed by M.A.D.S as specified in the Quotation may be varied by the Client in accordance with these terms and conditions


Timetable

The period of time that the Client and M.A.D.S agree as reasonable to allow for the completion of the Services.


Site

Site where services are provided for as provided by the client and as referred to in the Quotation.


Sketch Plan

A basic plan with minimal detail including basic layout of walls, doors and windows, bathroom and kitchen layouts, room sizes and floor area, front elevation and a basic site plan.


Working Drawings

Plan based on Sketch Plan used for council and building purposes including but not limited to plan with full dimensions and notations, 4 elevations with notations, section and site plan.


GENERAL

Interpretation

The headings and notes to these Conditions are for convenience only and do not affect the interpretation of the Conditions.


Trust &Co-Operation

The Client and M.A.D.S shall be expected to work together in a spirit of mutual trust and co-operation. In relation to the Services, either party shall advise the other upon becoming aware of;

  1. a need to vary the Services, the Timetable and/or the fees and/or any other part of the Quotation;
  2. any incompatibility in or between any of the Client's requirements in the Brief; or between the Brief, any Client's instruction, the Construction Cost, the timetable and/or the approved design; or any need to vary any part of them;
  3. any information or decisions required from the Client or others in connection with performance of the Services;
  4. a need to appoint Consultants or other persons, other than those named in Schedule 4, to design or carry out any part of the Services or provide specialist advice or additional inspection services in connection with the Project; and the parties shall agree how to deal with the matter.

M.A.D.S Authority

M.A.D.S shall act on behalf of the Client in the matters set out or necessarily implied in the Quotation or in project procedures agreed with the Client from time to time.


Reports

M.A.D.S shall keep the Client informed of progress in the performance of the Services and of any issue that may affect the Timetable for or the cost or quality of the Project.


Limitation of Warranty

M.A.D.S does not warrant:

  1. that the Services will be completed in accordance with the Timetable or the budget cost for construction work;
  2. that planning permission and other approvals from third parties will be granted;
  3. the performance, work or products of others;
  4. the solvency of any other appointed person whether or not such appointment was made on the advice of M.A.D.S

No Alteration to Services or Design

M.A.D.S shall not make or cause to be made any material alteration to or addition to or omission from the Services or the approved design without the knowledge and consent of the Client, which consent shall be confirmed in writing by M.A.D.S. In an emergency M.A.D.S may make or cause to be made such alteration, addition or omission without the knowledge and consent of the Client but shall inform the Client without delay and subsequently confirm such action in writing.


Obligations and Authority of the Client

Information, decisions, approvals and instructions;

  1. The Client shall supply, free of charge, accurate information as necessary for the proper and timely performance of the Services and where applicable and M.A.D.S shall be entitled to rely on such information.
  2. The Client, when requested by M.A.D.S, shall give decisions and approvals as necessary for the proper and timely performance of the Services.
  3. The Client shall advise M.A.D.S of the relative priorities of the Brief, the Construction Cost and the Timetable.
  4. The Client shall have authority to issue instructions to M.A.D.S, subject to M.A.D.S right of reasonable objection
  5. The Client shall not hold M.A.D.S responsible for the outcome of any planning decisions made by the authorities.

Appointment and Payment of Others

Where it is agreed that Consultants or other persons are to be appointed, the Client shall appoint and pay them under separate Quotations and shall confirm in writing to M.A.D.S the services to be performed by such persons so appointed, unless these services are included in the Quotation.

  1. The Client shall employ a contractor under a separate Quotation to undertake construction or other Services relating to the Project.
  2. The Client shall hold the contractor and not M.A.D.S responsible for the contractorís management and operational methods and for the proper carrying out and completion of the works and for health and safety provisions on the Site.
  3. The Client shall hold the contractor and not M.A.D.S responsible for the proper installation and incorporation of all products and materials into the Works.

Responsibilities of Others
  1. The Client, in respect of any work or services in connection with the Project performed or to be performed by any person other than M.A.D.S, shall:
  2. hold such person responsible for the competence and performance of the services and for visits to the site In connection with the work undertaken by such person;
  3. require such person to co-operate with M.A.D.S and provide to M.A.D.S all drawings and information reasonably needed for the proper and timely performance of the Services;
  4. require such person, when requested by M.A.D.S, to consider and comment on work of M.A.D.S in relation to the work of such person so that M.A.D.S may consider making any necessary change to M.A.D.S work.

Consultants

M.A.D.S shall identify professional services which require the appointment of consultants. Such consultants may be nominated at any time by either the Client or M.A.D.S subject to acceptance by each party.

  1. The Client shall appoint and pay the nominated consultants.
  2. The consultants to be appointed at the date of the Appointment and the services to be provided by them shall be confirmed in writing by M.A.D.S to the Client
  3. The Client shall appoint and give authority to M.A.D.S as Lead Consultant in relation to all consultants however employed. M.A.D.S shall be the medium of communication an instruction between the Client and the consultants, co-ordinate and integrate into the overall design and services of the consultants, and require reports from the consultants.
  4. The Client shall hold each consultant however appointed and not M.A.D.S responsible for the competence and performance of the services to be performed by the consultant and for the general inspection of the execution of the work designed by the consultant.

Fees for Performance of the Services

The fees for performance of the Services, including any additional or other services, shall be calculated and charged as set out in the Quotation. The Basic Fee, including any anticipated visits to site, shall be:

  1. lump sums and/or
  2. time charges and/or
  3. extra fees / variations if required and/or
  4. other agreed method.

Lump Sums

Where this clause applies, the fee or fees shall be the fixed lump sum or sums stated in the Quotation, which shall be adjusted if changes are made to the Brief.


Time Charges

A time-based fee shall be ascertained by multiplying the time reasonably spent in the performance of the Services by the relevant hourly rate set out in the Quotation. Time 'reasonably spent' shall include the time spent in connection with performance of the Services in travelling from and returning to M.A.D.S office, Phone calls, and meetings in addition to design and drafting time. Time charge rates are reviewed annually and will become effective upon issue.

Extra Fees / Variations

Extra Fees, calculated on a time basis, quantity or per square metre basis unless otherwise agreed, may be payable to M.A.D.S, if:

M.A.D.S is involved in extra work or incurs extra expense for reasons beyond the control of M.A.D.S. Reasons for such entitlement include, but shall not be limited to

  1. Work in connection with redesign of a plan or parts of a plan, previously agreed with the Client, following requests from the planning and/or other statutory authorities;
  2. Any variation to Sketch Plan outside of the Brief as requested by the client
  3. The dwelling area is greater than the area allowed for in the Quotation;
  4. Quantities of items listed in the Quotation are altered;
  5. Work in connection with amending a plan or parts of a plan, previously agreed with the Client, once the Sketch Plan is completed and Working Drawings have commenced clients request.
  6. Additional plans or documentation is required outside the Quotation
  7. Delay or any other reason beyond M.A.D.S control

Services Not Completed

Where for any reason M.A.D.S provides only part of the Services specified in the Quotation, M.A.D.S shall be entitled to fees calculated as follows:

  1. for completed Services, as described for those Services in the Quotation;
  2. for completed stages, as apportioned for those stages in the Quotation;
  3. for Services or stages not completed a fee proportionate to that described or apportioned in the Quotation based on M.A.D.S estimate of the percentage of completion.

Payment

On acceptance of M.A.D.S Quotation and Terms and Conditions, A 50% deposit is required prior to the commencement of Services as listed in M.A.D.S Quotation.

Progress payments may be required in some circumstances; these will be notified in writing on issuing M.A.D.S quotation, this will be payable on issuance of M.A.D.S invoice. Services will be on hold until payment of this invoice is received.

Final payments under Quotation of the Quotation shall become due to M.A.D.S on issue of M.A.D.S invoice, prior to plans being issued. All plans and documentation listed in the quotation remain the property of M.A.D.S until full payment received.


Late Payment

Should any sums be due and remaining unpaid at the expiry of 28 days after the date of issue of an invoice from M.A.D.S then formal debt collection will commence.


Recovery of Costs

The Client shall indemnify M.A.D.S in respect of all costs reasonably incurred M.A.D.S (including costs of the M.A.D.S time) in recovering any amounts not paid when due and/or in relation to any claim or any part of any claim made by the Client which M.A.D.S successfully defends or the Client abandons.


GST

Fees and expenses arising under the Quotation do include GST. The Client shall pay any goods and services tax chargeable on the net value of M.A.D.S fees and expenses.


Copyright

M.A.D.S owns the copyright in the work produced in the performance of the Services and generally asserts M.A.D.S moral rights and all other rights to be identified as the author of the artistic work/work of design comprising the Project. Licence to use plans will be granted on final payment in full of Services.


Use of Information

The Client shall have a license to copy and use and allow other Consultants and contractors providing services to the Project to use and copy drawings and documents produced by M.A.D.S in performing the Services, hereinafter called 'the Material', but only for purposes related to the Project on the Site or part of the Site to which the design relates.

Such purposes shall include operation, maintenance, repair, reinstatement, alteration, extending, promotion, leasing and/or sale of the Project but shall exclude the reproduction of M.A.D.Sís design for any part of any extension of the Project and/or for any other project, unless a license fee in respect of any identified part of M.A.D.Sís design is stated in the Quotation.

Provided that:

  1. M.A.D.S shall not be liable if the Material is modified other than by or with the consent of M.A.D.S, or used for any purpose other than that for which it was prepared, or used for any unauthorised purpose;
  2. if it is intended to make any permitted use after the date of the last Service performed under the Quotation and prior to practical completion of the construction of the Project, the Client shall:
    1. Obtain M.A.D.Sís confirmation of the degree of completion of the Material; and
    2. pay to M.A.D.S any license fee specified in the Quotation or a reasonable license fee;
  3. In the event of the Client being in default of payment of any fees or other amounts due, M.A.D.S may suspend further use of the license on giving 7 days' notice of the intention of doing so. Use of the license may be resumed on receipt of outstanding amounts;
  4. the Client shall obtain or ensure that any third party shall obtain any necessary license and pay any fees arising for access to any software used to produce any of the Material.
  5. M.A.D.S shall have the right to reproduce photographs and descriptive text of the Project in their practice brochures, Website, newspapers, magazines, competition entries and other presentation material.
  6. Neither the Client nor M.A.D.S shall disclose to any other person information identified in writing as confidential unless reasonably necessary:
    1. for performance of the Services; or
    2. in order to take professional advice in relation to the Quotation or the Services; or
    3. in order to obtain/maintain insurance cover as required by the Quotation, or
    4. because of disputes arising out of or in connection with the Quotation; or
    5. as required by law.
  7. M.A.D.S shall not be required or be under any duty to release or disclose any information on their files that it may have or be deemed to have about any matter if M.A.D.S believe this to be not in their best interests.

Liabilities and Insurance

Liability

M.A.D.S will only be held liable for a maximum period of 2 years after the acceptance and deliverance of final services as listed in the final Invoice.


Professional Indemnity Insurance

M.A.D.S holds professional indemnity insurance for not less than the amount stated in the quotation of any one occurrence or series of occurrences arising out of any one event.


M.A.D.S shall maintain such insurance until practical completion of the project provided such insurance is available at commercially reasonable rates and generally available in the insurance market to M.A.D.S.


Suspensions of Services
  1. The Client may suspend the performance of any or all of the services. Notice must be provided to M.A.D.S. in writing. The notice shall specify the reason and services affected. The Client shall be liable for all fees for Services completed up to and including the date the written notice is received.
  2. M.A.D.S may suspend performance of the services and the obligations under the quotation. Notice shall be provided to the Client in writing of the intention and the grounds for doing so, or in the event that the client is in default of payment of any fees or other amount due.
  3. When the reason of the suspension is removed or resolved in writing M.A.D.S. may resume performance of the services and obligations.



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