PH: 1300 699 442 Email Us

Home » DESIGN » Terms and Conditions

Terms & Conditions

As of 01/10/2017

LANCON QLD and Client Responsibilities

It is the Client’s responsibility to read and understand fully these Terms and Conditions. By signing the SOW (statement of work) provided to the Client, the Client agrees to these Terms and Conditions. It is the duty of LANCON QLD to fulfil our obligations under the SOW provided to the Client and in direct response to the Brief agreed to as part thereof.

1. Important information

The fee quoted in the SOW provided to the Client DOES NOT include fees for soil tests, survey plans, council fees, certification fees, engineering fees or fees related to any other consultancy reports or advice. It is sometimes warranted to seek the services of other consultants depending on the type of project. LANCON QLD can coordinate these services for the Client if included in the brief of the SOW.

A detailed site investigation must be completed as the first stage before the commencement of any concept work. This includes a detailed site survey with current contours, determined natural ground levels (NGL), location of services, and neighbouring structures and buildings locations and levels. This will ensure that the outcomes are accurate specific to the project site.

2. Information

It is the Client’s responsibility to provide correct information, if available. Any previous drawings or documents, consultancy advice or council rulings must be made known to LANCON QLD. The provided SOW assumes that a full measure of the existing building is required (for renovations/extensions only). The Client is to supply LANCON QLD with any existing search data, as per a usual purchase search by a solicitor. This includes the relevant and current land title information relevant to the building site. LANCON QLD will obtain local authority information, and registered plan, but not full authority search. If LANCON QLD is required to obtain full data, this will be at an extra cost to the Client in addition to the fee. The Client indemnifies LANCON QLD against any ramifications, loss or damage that may arise if full data is not supplied and/or incorrect data is supplied to LANCON QLD.

3. Authority and third party fees

It is the Client’s responsibility to ensure all invoices issued by LANCON QLD and required payments for third party (e.g. consultants) are up to date. Progress payments to LANCON QLD and third parties are an integral part of ensuring an uninterrupted process. If payments are more than fourteen (14) days outside their payment terms, LANCON QLD will discontinue preparing the necessary documentation and only resume work when the Client pays these outstanding charges in full.

4. Suspension of progress

LANCON QLD workload is carefully allocated with strict timelines, ensuring prompt and efficient service to the Client. Alongside LANCON QLD timelines lies the Client’s responsibility to ensure prompt response time between stages. If the Client suspends progress without prior notice of longer than one (1) month, LANCON QLD reserves the right to initiate a trigger fee for reinstatement of work. This fee is calculated at 1% of the fee per month.

5. Variation to Brief

Where the Brief of the provided SOW is varied significantly, then a new SOW may be required and can be initiated at the discretion of LANCON QLD.

If the Client initiates minor variations to the Brief of the provided SOW, then LANCON QLD may provide a written variation to the current SOW. All minor variations will be calculated at the rate of $160.00 + GST per hour for all additional work performed.

6. Failure to pay on time

LANCON QLD payment terms are strictly five (5) business days from date of invoice. Failure to pay the issued invoice within five (5) business days will incur a 15% per month late payment charge on any outstanding amount until payment is made. The Client must pay all legal costs and other expenses (on an indemnity basis) incurred by LANCON QLD in the recovery or attempted recovery of any overdue amount. It is the Client’s responsibility to inform LANCON QLD if an invoice is to be disputed. This must occur within the five (5) business day period from date of issue of the invoice. If the invoice issued is not disputed within the allowed timeframe, then the invoice will be deemed valid and due for payment. Priority is given to projects where payment has been received within the specified terms.

7. Termination

If the Client fails to comply with any of the Client’s obligations under the provided SOW (including these Terms and Conditions) or is otherwise in substantial breach of the SOW, LANCON QLD may give a default notice to the Client requiring the Client to rectify the breach or breaches within ten (10) business days.

If the Client fails to remedy the breach or breaches within ten (10) business days of receiving the default notice, LANCON QLD may terminate the SOW by giving further written notice to the Client.

Notwithstanding any other provision in the SOW, LANCON QLD may terminate the SOW by giving five (5) business days written notice to the Client.

Either party may terminate the provided SOW immediately on giving written notice to the other party if the other party:

(a) becomes insolvent or financially unable to proceed with the SOW;

(b) becomes or is bankrupt or seeks to take advantage of the laws relating to bankruptcy;

(c) makes a composition or other arrangement with its creditors;

(d) assigns assets for the benefit of creditors generally;

(e) being a company, enters into a deed of company arrangement or has a controller, receiver or administrator appointed;

(f) being a company, goes into liquidation or has a Court Order made for the winding up of that party or a resolution for its winding up is made, and as a consequence that party is unable to perform its obligations under the provided SOW and these Terms & Conditions.

Upon termination, and without prejudice to the rights of either party, the Client shall pay to LANCON QLD all amounts outstanding for the work completed up to and including the date of termination. These will include completion parts of stages where only activation of said stage has been paid.

8. Copyright

The ownership of the copyright in any design and original documentation prepared by LANCON QLD under the provided SOW shall remain with LANCON QLD. Where the Client makes all payments required under the SOW by the due date, LANCON QLD grants the Client license to use the documentation for the purpose of gaining required approvals and for the construction of the project. This license is granted for the use of the documentation for the project named on the SOW, and for the Client named on the SOW and is not transferable to other entities or properties. The Client shall not make or cause any alterations to be made to the documentation supplied by LANCON QLD under the SOW without the written consent of LANCON QLD. Any such consent granted must state the extent of alterations permitted and the Client shall not make or cause any alterations to be made except as so permitted.

CAD (DWG) or REVIT files remain the ownership of LANCON QLD and will not be released.  CAD (DWG) files/drawings in electronic format are distributed only to necessary consultants.

9. Engagement of other consultants

The Client recognises that the consultants required provide expertise not held by LANCON QLD. Consequently, LANCON QLD is not responsible for the services provided by these consultants. If LANCON QLD engages and/or coordinates any consultants, such engagement and/or coordination will be carried out expressly as the Client’s agent, and the Client hereby agrees to indemnify LANCON QLD against any claims that may be made arising out of or incidental to such services.

10. Pools and pool fencing

LANCON QLD can provide a concept layout of a pool for location and integration reference towards the project design. LANCON QLD stresses that the pool approval itself is a completely separate application and all design aspects are coordinated by the selected pool builder. It is very important that all pool fencing is designed by the pool builder. The certifier of the pool is to check that the residence design does not compromise the pool fence compliance. If the final plans are required to be amended for compliance to suit the chosen pool fencing this will be considered a variation as per clause 5 of our Terms & Conditions.

11. Development application (where applicable)

Where a development application is required and identified as part of the Brief, this work will be completed as instructed by the Client’s nominated town planning consultant. Where council issue an RFI (Request for Information) or instructions are received from the consultant which requires a change to the design, change of design scope or additional design / drawing overlay’s this will be considered a variation and charged at an hourly rate as per clause 5 of our Terms & Conditions.

The role of the Building Designer is to take instructions from the Town Planner, the Client and the relevant Council Authority in specific relation to ensuring the DA is approved. In the event those instructions change then LANCON QLD Building Design reserve the right to charge a variation based on the additional work required. Hourly Rates for any Variations to the provided SOW are set out in clause 5 of our Terms & Conditions.

12. Cost estimates

If LANCON QLD provides an estimated building cost for the project, the Client agrees that these estimates are not warranties of the cost to complete the project. The estimated building cost is an estimate only and must not be relied upon by the Client.

13. Warranty and liability

LANCON QLD does not give any warranty nor accept any liability in relation to the performance or non-performance of the work except to the extent, if any, required by law or specifically provided for in the provided SOW. If apart from this clause any warranty or liability would be implied by law, custom or otherwise, that warranty and liability is to the full extent permitted by law excluded. Nothing in the provided SOW shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of goods or services pursuant the SOW of all or any or the provisions of The Australian Consumer Law or any relevant state act or territorial ordinance which by law cannot be excluded, restricted or modified.

If any liability is implied by law, custom or otherwise, the liability of LANCON QLD to the Client arising out of the performance or non-performance of the work in the provided SOW shall be limited to the fee.

14. Governing law

The provided SOW and Terms & Conditions shall be governed by the laws of the State of Queensland and the Commonwealth of Australia as appropriate.

15. Notice

Any notice under the provided SOW must be in writing and sent to the other party via:

(a) prepaid ordinary post to the last notified address of the party; and

(b) facsimile to the last notified facsimile number of the party; or

(c) electronic mail (email) to the last notified email address of the party.

16. Severability

If any provision of the provided SOW and these Terms & Conditions is held invalid by any Court, such provision shall be deemed modified to eliminate the invalid element and, as so modified, such provision or party shall be deemed to be part of the SOW as though originally included. The remainder of the SOW and Terms & Conditions shall not be affected by such modification.

17. Joint and several obligations

If a party to the provided SOW consists of more than one person, such party shall be bound by the obligations undertaken by them jointly and severally.

18. Non waiver

Non waiver of any condition or covenant contained in these Terms & Conditions or failure to exercise a right or remedy shall constitute a general waiver of the same or any other condition, covenant, right or remedy.

19. Entire agreement

The provided SOW and these Terms & Conditions contain the entire agreement between the parties concerning its subject matter. It sets out the only conduct relied on by the parties in entering into the provided SOW and, to the full extent permissible by law, supersedes all earlier conduct, agreement, understanding, representation and/or warranty between the parties, whether made orally or in writing, concerning its subject matter.