terms – 3MT Solutions

Terms and Conditions

STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES

INPRETATION

In this document the following words shall have the following meanings:

“Customer” means any person who purchases Services from the Supplier.
“Supplier” means 3MT Solutions Pty Ltd of 45 Vine Street, MAGILL SA 5074.
“Services” means architectural drafting, steel frame detailing, consultation and site visits.
“Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

GENERAL

These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

PRICE AND PAYMENT

Payment of deposit indicates acceptance of these Terms and Conditions as per the “Payment Terms” outlined in the quotation.
Payment can be made by Electronic Funds Transfer.
The Supplier will only issue drawings and documentation once full payment has been received or an agreement has been arranged between the Customer and Supplier.
Failure to make full payment by the due date as outlined in our “Payment Terms” may result in the Supplier enlisting the services of a debt collection agency to collect the outstanding payment on behalf of 3MT Solutions Pty Ltd. In such case the Customer will also be charged the cost of the debt collection services calculated at 15% of the total outstanding payment.
Invoices will be issued to the Customer at the completion of each drawing stage as noted in the quotation and full payment will be required once the project drawings are completed.
Any additional work and/or variations not included in the quotation including designs, drafting, consultancy and site visits will be undertaken at the Supplier’s standard variation rate of $120.00+GST per hour.
As a standard the Supplier will send an electronic report to the Customer. If further copies are requested, in any format, there will be an administration charge.
The Supplier reserves the right to modify, update or run promotions on any Service at any time. The Supplier reserves the right to change the price of any Service at any time. Once a Service has been ordered by the Customer the price shall remain fixed. Under no circumstances shall the Supplier be required to refund the difference should the price of an ordered Service decrease.
Should the duration of the project or the scope of work or design be extended for any reason whatsoever by the Customer, an equitable and reasonable extension of time will be granted to the Supplier to complete the work. Any additional costs incurred by the Supplier will be charged to the Customer at the standard rate of $85.00+GST per hour, unless otherwise agreed to in writing by the Supplier prior to any work being started.
For all projects with “Preliminary Design Services” included in the contract, the Supplier will make an allowance for two rounds of design amendments unless otherwise agreed. These amendments refer to minor adjustments and feedback from the Customer and do not allow for any changes to the initial brief. If the Customer would like a complete design change or re-design, the Supplier can perform the revised scope of work at the standard design rate of $120.00+GST per hour.
If the Customer requires 3MT Solutions Pty Ltd to attend any council meetings a standard consultation rate of $85.00+GST per hour will be charged. 3MT Solutions Pty Ltd does not guarantee council approval for all projects. Our Designer/Detailer will work with the Customer to ensure the design meets council requirements and complies with Australian Standards, Council Regulations, Residential Codes and the Building Code of Australia.

CUSTOMER’S OBLIGATIONS

To enable the Supplier to perform its services the Customer shall:

Co-operate and provide the Supplier with any information reasonably required to deliver the Services.
Inform the Supplier of their full name, current postal address and contact details such as phone, fax and e-mail.
Comply with such other requirements as agreed between the parties.
Comply with all legal and statutory requirements – particularly in regards to data protection and confidentiality.

SUPPLIER’S OBLIGATIONS

The Supplier shall perform the Services with reasonable skill and care in accordance with recognised standards and codes of practice.
The Supplier accepts responsibility for the good working condition of tools and equipment used in the performance of the Services and will ensure that any materials supplied shall be free of defects at the point of dispatch.
All Customer questionnaires will be retained by the Supplier in accordance with its confidentiality policy.

LIMITATION OF LIABILITY

The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
The Supplier cannot accept any liability for items lost in the post en route to 3MT Solutions Pty Ltd’s office.

CANCELLATIONS

Returns/refunds policy: Where a Customer cancels their order after receiving the drawings there is no refund available. Both parties must return or destroy information received from the other if asked to do so. All 3MT Solutions Pty Ltd drawings are copyright and any breach will result in legal action.

FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to Acts of God, War, Fire, plant or machinery shortage or unavailability of raw materials from a natural source of supply. In such event or circumstance the party shall be entitled to a reasonable extension of its obligations.

PROPERTY

The contents of the 3MT Solutions Pty Ltd website may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of 3MT Solutions Pty Ltd.

COPYRIGHT

Drawings may only be used in the format in which the Supplier issues them. This applies to written form on paper, electronic format or any other medium. Drawings may not be used in any other format other than that supplied. Customers may not at any time, without prior written permission of the Supplier, make copies or reproductions (in whatever form) of the drawings material. Where any such copy is considered reasonably necessary, the Supplier will provide written permission.

SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.

DISCLAIMER

3MT Solutions Pty Ltd regularly use links to direct users to additional or related information on other websites. These websites are not under the control of 3MT Solutions Pty Ltd and we are not responsible for the content of these sites. Other websites are linked or listed as a convenience only and should not be seen as an endorsement of any kind. 3MT Solutions Pty Ltd cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.