STANDARD TERMS OF TRADE
DRAFTLINE agree to undertake Design, Draughting & Consultancy services for the CLIENT as agreed to both verbally or in any quotation, email correspondence or project brief associated with this project. DRAFTLINE endeavour to work within timeframes given to meet the CLIENTS requirements, subject to the CLIENT supplied information, approvals and instructions forthcoming and no unforeseen circumstances arising, for example issues with Resource Consent Processes, Outsourced Engineering or issues with Council.
The CLIENT agrees to pay DRAFTLINE by the due date on any invoice issued from DRAFTLINE for the project. Invoices will be sent as a full claim on completion, or as progress claims, or after each stage (i.e. preliminary, and final drawings for consent) depending on the size of the project. Invoices will be to the value formally quoted in writing, with the addition of any extra services or fees’/reimbursements over and above the base design & drawing fees. Note that verbal “ballpark” pricing may be given during initial consultancy or site visit, but this fee is only a guideline based upon information available and what is readily visible at this time. Note that this applies particularly with respect to renovation and extension projects, it is difficult to gauge the scope of the project & fees until well into the process. A formal quote is more readily available after the initial preliminary site measure and concept drawings have been completed.
If a fixed formal quote is required the CLIENT should request DRAFTLINE to do so prior to commencement.
Any design information, drawings or ideas the CLIENT brings to DRAFTLINE to assist with project design or brainstorming, must be done so without breach of copyright to any third party. DRAFTLINE accepts that any design information brought forward has been obtained through ethical & legal means. DRAFTLINE will not be held accountable should it be found that the CLIENT has obtained design information or ideas illicitly. The CLIENT is responsible to ensure DRAFTLINE are not put into a compromising situation that could be deemed a breach of copyright law.
4. INTELLECTUAL PROPERTY
Where DRAFTLINE have been engaged to design a solution for the client, the Intellectual Property remains with DRAFTLINE as far as ownership of CAD files and design go. The client will be issued with hard copies of any drawings or documentation and/or electronic copies via PDF file. Approval is given for the CLIENT to freely copy & distribute information as required but for only the specific project. Should the client wish to use the design in future for another project, then this should not be permitted, without prior formal approval from DRAFTLINE. Note that up until Draftline have been fully paid then the ownership of these documents still belongs to DRAFTLINE. Should DRAFTLINE not be paid for any reason, then the ability to utilize these documents is withdrawn and the client is forbidden from using these documents up until such stage as DRAFTLINE has been paid for services provided.
5. ACTING AS AGENT
DRAFTLINE recommend acting as Agent through the building consent acquisition process due to familiarity with processes, documentation, compliance, file transfer protocols and established relationships with various Local Authorities. The CLIENT agrees to provide information and supporting documents & instruction forms as required for DRAFTLINE to undertake this role accordingly. Any Fees from Local Authority will be to the account of the CLIENT. DRAFTLINE agree to act in the best interests of the CLIENT when representing them.
6. THIRD PARTY CONSULTANTS
Where the project requires specialist input from other parties, such as Geo-technical Engineer, Structural or Civil Engineers, Truss Designers, Landscape Architects, Fire Safety Engineers, HVAC Engineer, Effluent System designer etc. then DRAFTLINE are able to assist with recommending suitable consultant/service provider to the CLIENT if the CLIENT does not have a preference. The CLIENT will be responsible for covering all fees’ directly to these third parties over and above any DRAFTLINE fees, unless specifically included in DRAFTLINE’s offer of services. Costs to facilitate/engage and work with consultants will be charged to client’s account.
It is worth noting that sometimes the need for these specialist services are not known until the Design and Consent processes are well advanced.
Any additional Draughting for specific design by Third Party Consultants will be charged.
7. DISTRICT PLAN COMPLIANCE
Although DRAFTLINE are experienced in Architectural design & Draughting, and the building code as well as having a general understanding and appreciation of various District Plans, there is no specific in-house expert in District Planning. Thus it is not always identified at Design & Building consent stage whether the project will have implications with non-conformance with the applicable District Plan. DRAFTLINE recommend that CLIENTs are proactive with discussing their proposals with the relevant Local Authorities at early stages in the project, to possibly identify any fish hooks with a given project. Should Land use consent be required as no other way to achieve compliance, DRAFTLINE can assist with this process if it is a low-mid level non-compliance or recommend third party consultants if a more comprehensive Resource Consent Application is required. All Local Authority and consultancy fees are over and above any Design & Draughting fees in the base services.
DRAFTLINE are realistic and understanding fine tuning is required in any project through the design process and where possible DRAFTLINE will absorb any fees for minor Client or Local Authority driven changes. However DRAFTLINE reserve the right to charge for any noteworthy changes undertaken after acceptance & approval of preliminary concept drawing set by the CLIENT. This will be reflective in the final fees invoiced or by a charged variation. Any changes after consent due to on-site changes made by client or builder requiring changes to the design drawing set will be charged and minimum fee structure will apply.
9. LIABILITY & ASSURANCES
DRAFTLINE are LBP accredited and carry professional liability cover as per industry & local authority requirements. DRAFTLINE generally are responsible for design & drafting services up to the issue of a Building Consent stage only. It is the CLIENTs responsibility to engage a suitably qualified builder & subcontractors to undertake the build. It is not expected that DRAFTLINE will have specific involvement with the construction process unless specifically engaged to do as stated in the offer or services. If the CLIENTs contractor departs from the consented DRAFTLINE documentation in any manner that may compromise structural integrity, weather tightness etc. without formal approval from DRAFTLINE, then DRAFTLINE will hold no liability for the project. It is the CLIENT’s responsibility to confirm their acceptance of any/all design provided by DRAFTLINE. No liability will be accepted by Draftline if any changes are made to the design by any party after this acceptance.
Should any CLIENT for whatever reason decide to abandon a project, or terminate DRAFTLINE’s services at any stage, then the CLIENT agrees to pay for any costs to date. DRAFTLINE will provide a breakdown of costs in this instance in the invoice.
Project Process Explained:
It is important that the CLIENT understand the process from Initial Contact with Draftline for your project through to the acquisition of Building Consent:
• Initial Contact
CLIENT makes contact with DRAFTLINE, first discussion of project and appointment set up for a meeting at Draftline’s Offices or at Site of Project.
• Initial Meeting
DRAFTLINE will meet with CLIENT to discuss scope, and measure up (if necessary) for drawings on site. Full contact details to be exchanged.
• Engagement Required
Owner/ Agent Authority and Standard Terms of Trade Forms are exchanged signed and returned by CLIENT along with agreement of proposed fees. (Must be completed before project can commence).
• Preliminary Design Process
DRAFTLINE will create preliminary drawings based upon project brief and work with Client to develop this Concept.
• Preliminary Concept Approval
Preliminary Design Drawings is accepted and signed for by CLIENT. Preliminary Design stage invoiced to CLIENT.
• Outsourced Third Party Consultants
DRAFTLINE will outsource aspects of the project if additional work is required e.g. Engineering Services at this time. (Engagement documentation may be required by third party consultants.
• Creation of Full Consent Package
DRAFTLINE will create Full Documentation and Drawing set for project following receiving any third party design documentation and submit to CLIENT for approval. At this point the design is final and complete and invoice will be sent for full consent works.
• Consent or application
Drawings are submitted to Council for Building Consent to be issued. (Costs for Draftline acting as agent and acquiring certificate of titles etc. are invoiced to CLIENT.)
• RFI Process
Local Authorities have an obligation to process the consent within 20 working days following official receipt. DRAFTLINE to work through all issues – at no cost to client – as there may be clarifications and extra information required from the client. Draftline will work directly with Council, unless rework is required due to Client’s requests/requirements.
• Issue of Building Consent
Once RFI Issues are completed Building Consent is issued from Council for CLIENT’S project to commence. CLIENT is responsible for paying all Council costs, at which time Building Consent documents are released to Draftline as Agent, and passed on to CLIENT electronically. Draftline can provide hard copies if required (standard printing fees apply on a 7 day invoice provided with printing.)
• Variations / Amendments
Any changes after drawings are approved will incur extra costs and may cause delays.
Please note Council may allow changes to be undertaken as a minor variation, however if a formal amendment is required, this will attract additional Council Fee’s and a new Building Consent Amendment process.