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
- USB storage devices, CDs, DVDs and any type of memory cards
- 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 airline used.
- If BN 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 for a proposed project, BN Group will charge reduced fees on the expectation that future architectural work for the project will be undertaken by BN Group. If the Client elects to proceed with other consultants to further the project based upon BN Group’s initial work then BN shall be entitled to an additional fee payment equaling 150% of the then currently approved project fees since commencement.
- GST will be charged in addition to standard or quoted fees and will be itemised in BN Group’s 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.
- BN Group’s 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.
- Invoices are payable within fourteen (14) days from the date of issue, unless otherwise agreed in writing. In any event the maximum time for payment of invoices is 30 days.
- Interest is payable 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 agreed to be a genuine estimate of the loss which is likely to be suffered by BN Group. BN Group is entitled to immediately suspend performance of work in the event that an invoice is not paid when due. Such right to suspend performance is in addition to any other remedy then available to BN Group,
- In the event we are required to undertake amendments or alterations and changes following sign-off of the various stages of work, then BN 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 for any reason then, in addition to any other remedy, BN Group reserves the right to charge for all completed works up to the date of cessation. Any attendance required thereafter by representatives of BN Group will be charged at our standard hourly rate, in addition to the agreed fee which has been charged to the Client at that time.
- At all times CAD files and REVIT models produced for any Project will remain the property of BN and must not be distributed to any third party, or otherwise used without BN’s written consent. The REVIT model will only be made available to third parties when required by BN to assist BN in undertaking its project obligations. REVIT models will not be provided at termination or for the purpose of generating as-built documentation. BN reserves the right to charge further fees for the provision of CAD files and REVIT models
- General ProgramBN Group will advise of 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 Program becomes extended or varied from our initial assumptions then BN Group reserves the right to vary the fees to reflect the additional resources required. Additional fees will be payable for protracted attendance at meetings by senior staff and the re-establishment of design and documentation teams in circumstances where such further work is not reasonably contemplated by the Program. Clients may request both fees and Program to be suspended by giving thirty (30) days notice in writing. Such suspension may continue 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.
- Existing Documents
The Client is to provide full survey information in all areas of the proposed works, depicting all relevant site information and all information relevant to 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 license 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 to perform work.
- Until full payment for work 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.
- The time period for the performance of work by BN Group will depend on the nature of the work which is performed. For example, work which is performed on an ad hoc basis, or where no specific time period is agreed, will be completed within the time reasonably expected for the performance of such work; work performed pursuant to a written quote will generally proceed within the time (if any) specified in such quote; Project work will proceed in accordance with the Program which is developed by BN Group for the performance of such work. BN Group will not be liable for loss arising from delays in the performance of work which do not arise from its fault.
- Either party will be entitled to terminate this Agreement without being liable for loss or damages for future performance, by giving notice in writing to the other party in the following circumstances:
- immediately, in the event of the liquidation or insolvency of the other party, or where the other party commits a breach of this Agreement which cannot be remedied; or
- at the expiration of 21 days, where the other party is in breach of its obligations under this Agreement and such breach has not been reasonably rectified within such 21 day period; or
- at the expiration of a reasonable period of notice in writing where an event of force majeure occurs, and such force majeure has not ceased to exist prior to the expiration of such reasonable period.
- Immediately upon the expiration of 7 days from date BN gives notice to the Client demanding payment of any outstanding invoice and such invoice is not paid within such time.
- 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 copyright in 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.
- Site signage for the Project should include reference to BN.
Posted: 14th January 2019