1. Detailed Specifications
The designer must develop specifications of all works to be done as detailed on plan and 3D drawings where applicable. Specifications may include interior furnishing specifications as it relates to colour schemes, fabric choices, proposed lighting, furniture, and furnishings and all other design and interior design construction work as is required for the project.
2. Scope of Work
The designer will coordinate trades and services to meet the scope of work outlined.
3. Drawings
Designer’s drawings are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. Designer services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the Project. The designer shall be held harmless for relying on the accuracy of information provided by the Client. Project drawings and documents cannot be used by Client for any purpose other than completion of Project by Designer as laid out in this Agreement.
4. Consultants and Trades
If Project requires trades and/or consultants to perform work based on the Designer’s concepts, the Client will enter in a contract directly with each trade and/or consultant. Designer provides no warranty, guarantee, certification or responsibility for the performance, quality or timely completion of any work performed or materials installed by trades nor their agents or employees. The designer shall cooperate with and observe Consultants for the purpose of general conformity with the design plan but is not responsible for their oversight.
5. Design Fees
The designer shall be compensated on an hourly basis at the rate of $135 per hour. All hours or partial hours the Designer is working on and/or for the Project will be considered design fees. Hourly charges will be invoiced to Client in 5-hour increments and are payable by Client upon receipt of invoice. Upon signing this Agreement, the Designer shall receive a non-refundable initial advance of $1500, which constitutes the minimum fee due the Designer for Design Services. The advance will be credited against hourly fees otherwisepayable by Client to Designer for Design Services at completion of project. All Design Fees are non-refundable.
6. Price Guarantees Designer cannot guarantee the prices of merchandise, interior installation or other services not performed by Designer. Vendor pricing is subject to change and out of the control of Designer.
7. Purchasing and Procurement
Purchasing is billed at a rate of $70 per hour. Full deposit is required for each item, and only upon receipt of the deposit will Designer place order. Designer shall arrange delivery and installation of Designer-purchased furnishings and other items purchased on behalf of the Client for the Project. If available, Client will receive 50% of Designer discount and Designer will receive 50%. When practical, Designer will present specification to Client for Client to purchase direct from vendor. Client is wholly responsible for all items purchased by the Client.
8. Refunds
Once purchased, most items cannot be returned or cancelled. Therefore, requests to do so will be assessed on a per-item basis with no guarantee of return or cancellation. Custom items cannot be cancelled or returned. Requests for returns and cancellations will be billed hourly. Design Fees and reimbursable expenses are non-refundable, even when associated with a return or cancellation.
9. Reimbursable Costs
Client agrees to reimburse Designer for all out-of-pocket expenses actually incurred by Designer in relation to the Project, including but not limited to, renderings, drafting services, postage and handling, freight, delivery and storage costs. Client shall reimburse Designer for all travel, lodging and meal expenses incurred by Designer and Designer’s staff (where necessary) in connection with the Project.
10. Payment Terms
Proposals are due with payment within 3 days. Invoices for time billing and reimbursable expenses are due within 14 days. Invoices more than 30 days past due will accrue a 10% late fee per month, and all work will cease until invoice is paid. Designer does not accept credit cards. Designer shall be entitled to withhold delivery of any item purchased on behalf of Client should Client fail to make any payments due to Designer in a timely manner.
11. Insurance
Client is required to have insurance coverage for all furnishings and materials during handling, moving, storage and installation. Client is responsible for ensuring that their insurance coverage is sufficient as per this Agreement. Designer cannot be held responsible for inadequate insurance coverage.
12. Photographing Completed Works
Client agrees to allow Designer and/or Designer’s representatives to photograph Project during all stages of Design Services including when Project is complete. Photographs will be used for business purposes including but not limited to press, publications, online, social media, marketing, advertising and print. Designer will not disclose the address or Client’s name without prior consent. Costs of photographs and publicity are the responsibility of the Designer. Additionally, if Client or Client’s agents document the Project, Designer shall be given credit as the Designer if documentation is released publicly.
13. Termination
Designer or Client can terminate this agreement by notifying the other party in writing. Client will be responsible for any outstanding reimbursable charges and hourly fees. All in-process proposals and orders will be completed by Designer and delivered to Client at hourly rate. If a balance remains in Client’s account, the amount will be refunded less any outstanding reimbursable charges or design fees. Client agrees to take no action which is intended or would reasonably be expected to harm the Designer’s reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the Designer.
14. Limitation of Liability
Neither the Designer, Designer’s Consultants or their agents nor employees shall be jointly or individually liable to the Owner for an amount in excess of the proceeds of the available professional liability insurance coverage.
15. Terms
The parties agree that the terms of this Agreement may be changed only in writing, which is to be signed by both parties and that no oral changes or waivers are permitted.
Designer:
Emma Griffiths
hello@elliotlane.com.au
19 Industrial Park Drive Lilydale VIC 3140
Client/s: