RESPONSIBILITY & AUTHORITY OF CONTACTUALISM PTY LTD TRADING AS HUNTER AND RICHARDS (“the Company”) The Company shall:
Exercise reasonable skill and care & conform to industry practice;
Not make any material alteration to, addition or omission from the design without the prior written consent of the client;
Shall provide cost estimates of professional fees prior to the commencement of any works;
Shall provide to the client within a reasonable time and in writing if in its opinion the scope of works or cost estimates are to be varied;
Not be responsible for the performance and services provided by consultants and contractors and shall be released by the client for any claims brought by it against any consultant or contractor as a result of any works performed by said consultant or contractor as services will be contracted between the client and the service provider;
Integrate into the work any design concept as directed by the client and shall facilitate that design into the project design.
RESPONSIBILITY OF CLIENT (“the Client”) The Client shall:
Provide clear and concise instructions to the Company inclusive of its vision for works, budget constraints;
Provide written confirmation and authorisation to commence works or variation of works and any costs estimates or variation of cost estimates prior to any works being undertaken by the Company;
Acknowledge that the Company shall only be responsible to procure all necessary consents and shall either pay any or all fees associated with procuring any necessary consents required by law, permits and authorisations and seek reimbursement from the client or the Company shall arrange payment direct to the relevant party;
Indemnify the Company for any claim brought against it as a result of any damage caused to the property by the client and/or its agents, any adjoining site, subsurface conditions and existing structures;
Authorise and appoint the Company to act as its agent to carry out the provision of its service.
METHOD OF PRICING The Company shall:
For most projects and where possible provide to the client pricing estimates in advance, for both our professional services and third party suppliers;
Provide an official estimate of pricing which pricing estimate shall be minimum only;
The estimates provided shall be based on current costs of production, construction and procurement and unless otherwise agreed to in writing shall be subject to amendments by the Company which shall allow for any rise or fall in costs between the date of estimation and the date of execution of the order;
If the scope or nature of a project changes to such an extent that the original confirmation or proposal no longer applies new agreements shall be entered into between the parties;
Any and all products and services contracted on behalf of the client through the Company shall incur a minimum 15% markup.
PROFESSIONAL FEES The Company’s fees are as follows:
For all company services, the rate for commissioned based projects is $130.00 plus GST per person per hour, divided into 15 minute increments. The rate for design consulting is $180.00 plus GST per person per hour, divided into 15 minute increments. We may also apply the appropriate fees to any site visits, variations and additions not included in the initial brief document. Travel and meeting times will be charged at the appropriate hourly rate;
Any appointment made by the client where the meeting is within 24 hours of the time the meeting is called may be charged at double time;
When acting as agent for the Client, the Company will add a minimum 15% to the cost of purchases made on behalf of the Client;
The client will be liable for all out of pocket expenses that may incorporate plan printing, photographs, travel expenses, photocopying, couriers, facsimiles etc;
The Company reserves the right to not begin, complete or deliver any work until appropriate fees are paid in accordance with the terms. If projects are cancelled or postponed prior to completion the client will be rendered an invoice for works and services provided to date. In cases where no deliverables are completed and/or supplied, an invoice may still be issued in relation to hours spent;
The Company shall charge at its discretion an account handling fee of $30.00 plus GST for each invoice not paid within 7 days of the date on the invoice;
Any costs incurred by the Company in recovering the monies owed by the client shall be borne by the client;
Until such time as a client pays for materials retention of title in the goods shall remain with the Company.
The Client is licensed to use the final documents only for the Client’s project and not for any other reason whatsoever except by written consent from the Company;
The Client consents to, and will make all fair and reasonable efforts to assist the Company in photographing the finished works for up to 24 months from date of completion. Two separate photo shoots may be required. Declining photographic documentation may result in a surcharge.
The Agreement may be terminated by either party on 30 days notice in writing. Upon termination the client will pay to the Company all amounts payable pursuant to the Agreement up to the date of termination. In the event of any dispute between the parties as to any termination payment such dispute shall be referred to VCAT whose decision shall be binding upon the parties. The costs of such arbitration shall be borne equally by the parties;
The Agreement cannot be assigned or transferred by a client without prior written consent of the Company which consent shall not be unreasonably withheld.
OWNERSHIP The works are retained by the Company until full payment is made by the Client at completion, at which stage the Client is granted a full and unending license to use the drawings for the production of the works for which they are intended, at the site to which the design relates, provided that the Client has paid all amounts due and payable to the Company in accordance with this agreement and that the Company has completed the services commissioned by this Agreement. The Company will always own full rights to the images of each project taken after completion.
GOVERNING LAWS This Agreement shall be governed by the laws in the State of Victoria.