Terms & Conditions
Unless another contract has been agreed in writing with you (the Client), all documents issued by us and all work performed by us are based on these terms. Unless otherwise agreed in writing, your request that we perform work on your behalf will be deemed to be an acceptance of these terms. Such documentation and work will be performed at such fees as have been quoted in writing to you by us, or if no such quote exists, at our current standard rates. Unless otherwise stated, prices do not include GST.
Unless otherwise specifically stated in any quotation issued by us, all disbursements are excluded from our quoted fees. The disbursement costs (together with a 15% handling fee) will be added to the monthly invoices. All disbursement items will be identified and records maintained for client review. Disbursements include but are not limited to the following:
* Plan printing and photocopying
* Mail and couriers
* Photography and photographic reproduction
* Computer disks, CDs, DVDs, any type of memory cards and zip disks
* Presentation materials
* Travel and accommodation costs
* Statutory Authority fees
* Special presentation drawings, models and perspectives
* High resolution scanning, digital manipulation of images; and
* The costs of purchasing intellectual property rights from third parties.
Unless the travel time exceeds 4 hours from our office, all air travel will be undertaken at economy rates charged from time to time by the particular airline used.
If BN Group is required to perform additional services beyond those services identified in any particular contract or quotation, then such additional services will be subject to a separate fee which will either be agreed in writing between BN Group and the Client, or if not agreed will be at our standard rates.
Where BN Group is engaged to develop initial concepts and strategies, and should the client then elect to proceed with other consultants to further the project based upon BN Group ‘s intellectual property then BN Group shall be entitled to an additional fee payment equaling 150% of the initial fee.
GST will be charged in addition to standard or quoted fees and will be itemised in our tax invoices in accordance with relevant legislation. Any taxes or imposts payable in respect of services performed by us outside of Australia will be charged to the Client in addition to our fees.
Our invoices will be issued on a monthly basis or in accordance with a fee schedule agreed in writing by reference to the program of works. Unless otherwise agreed BN Group ‘s standard fee schedule will apply, that is, invoices will be issued at the end of the month after the issue of materials from any BN Group office.
Invoices are payable within Fourteen (14) days from date of issue, unless otherwise agreed in writing. In any event the maximum time for payment of invoices is 30 days.
We reserve the right to charge interest on any portion of an invoice not paid within fourteen (14) days of issue. Interest to be calculated at a daily rate equivalent to 10% per annum which is a genuine estimate of the loss which is likely to be suffered by BN Group.
In the event we are required to undertake amendments for alterations and changes following sign-off of the various stages of work, then BN Group reserves the right to charge for additional time incurred at our standard hourly rate. All amending work will be agreed with the Client prior to commencement.
In the event that works relating to our agreed fees should cease then, in addition to any other remedy, BN Group reserves the right to charge for all completed works up to the date of cessation and any attendance required thereafter by representatives of BN Group will be charged our standard hourly rate basis, in addition to the agreed fee.
Any additional CAD drawings which are outside the original scope of works will be charged at the rate of $100.00 per file. BN Group cannot forward any drawings unless a written request from the recipient is received in the first instance.
BN Group will issue a General Program for the performance of work that will reflect BN Group ‘s understanding of the Project scope and timetable such Program will be reflected in our fee payment schedule issued from time to time. In the event that the programme become extended or vary from our initial assumptions then BN Group reserve the right to vary the fees to reflect the additional manpower required. Protracted fees will reflect attendance at meetings by senior staff and the reestablishment of design and documentation teams. Clients may request both fees and program to be suspended by giving thirty (30) days notice in writing, for a maximum of 6 months without variance to the original fees. Beyond this period BN Group reserves the right to recover its loss suffered as a result of the failure of the Client to proceed diligently with the performance of its works.
The Client is to provide full survey information in all areas of the proposed works, depicting all site information and adjacent properties.
Scope of Work
Our assumption of the scope of works is based upon the information provided by the client, BN Group reserves the right to re-evaluate it ‘s quoted fees should our assumption of the scope of works prove inaccurate.
Copyright in all documentation prepared by BN Group is and will always remain the property of BN Group. Subject to payment of fees in full, the client shall have a limited licence to use such documents prepared by BN Group for the specific project for which they are prepared. The client shall not be entitled to use the documents in any form or through any other consultant, for any other or similar project, without the consent in writing of BN Group. No documents shall be used by the Clients or any other Consultants for any purposes (including submissions and or construction purposes) prior to the payment of all outstanding invoices.
Unless otherwise agreed in writing, the Terms and Conditions set out above are deemed to be accepted when the Client requests BN Group to perform work.
Until full payment for works performed is received by BN Group, we reserve the right to demand and receive the return of all documentation prepared by BN Group from all sources. Collection of documentation will be at the Client ‘s cost.
All fees for projects undertaken within Australia are payable in Australian Dollars. All projects outside of Australia will be undertaken, calculated and payable in U.S Dollars.
All disputes between the Parties will be firstly determined by arbitration and in accordance with the LEADR Rules.
Should BN Group be required to work in Joint Venture with other Architectural Consultants, BN Group will maintain the copyright for all work produced by us until such time that all fees have been paid or indeed a separate contract has been agreed and signed. All Joint Venture Consultants are required to include BN Group ‘s name to the consultant list and be featured in equal weight for all submissions and marketing material.
Where a visual, spoken or written reference to a work of architecture is integral to the purpose of an advertisement, in any media or an award submission, the architect for the work is to be clearly identified.
Posted: 23rd November 2010