General Terms & Conditions
- Written Fee Proposals cover all reasonably assumed aspects as specified in the Scope of Works or Fee Proposal brief.
- Where a fee is based on a formal quotation or fee proposal, no allowance will have been made for any matter not itemised in the quotation.
- When the extent of a proposed service is misinterpreted by the client or the client’s instructions are misinterpreted by us, the Fee Proposal is written so that the full scope of the work is identified. Regardless of any verbal or other written instructions from the client, the last written fee proposal including our email of proposed scope or our written confirmation of an amendment to the scope of work will be regarded as the last approved “instruction”.
- If our proposed scope and interpretation of the client’s instructions as written is regarded as incorrect by the client, it is the responsibility of the client to correct their instructions in writing so that they receive a further written confirmation of the adjusted instruction. An adjustment to the scope may also require a possible fee adjustment from us.
- In the absence of clarity or dispute, we will refer to details contained in our standard Consultancy Agreement (whether executed or not) for default discussion purposes. This document among other things refers to matters of dispute resolution. The document can be supplied upon request. BD-054Q Consultancy Agreement.
- Pumpa Consulting advises that all fee proposals where provided are valid for 30 days after which we may choose to revisit the items and fees for possible adjustment.
- All default and quoted fees and rates are reviewed at the end of each financial year and may be subject to change on that basis.
- We require payment of our services within 7 days (or as negotiated) of the issue of progress Tax Invoices.
- No allowance has been made for traffic management unless specified. If this item becomes necessary under Authority request or as a matter of safety oar other reasonable circumstance, this will be charged at cost plus our administration costs.
- No allowance for specialist services locator unless specified.
LinksACSV Guide for Survey Fees Our survey rates are typical industry rates and generally less than Association Guides. Rates are intended to recover costs associated with upkeep of qualified staff, equipment, insurances and legislative requirements.
Typical costs included in industry rates:
- Typical Salaries and Conditions
- Professional Indemnity (PI) & Public Liability (PL) insurances
- Office Rental, fit-out, communications and other overheads
- Equipment purchase, maintenance, vehicles and legislative requirements of traceability of measurement
- Continuing staff education, including legislative annual maintenance of staff and Business professional and practicing endorsements
- Associated Risk including allowance for long term future costs such as carry over insurances
- Fair return on investment
Written quotations cover all reasonably assumed aspects specified in scope of works.
Project specific rates can be supplied upon request – These Rates are ONLY available and applicable in the absence of a Quotation that specifies those items. In most instances we will provide a revised quotation for items not otherwise anticipated in the scope of works.Typical default survey rates, if supplied, relate to items not covered by the agreed fee proposal for identified Scope of Works and will to relate to engaged staff and costs associated with the task:
- Director/Cadastral Surveyor (office)
- Senior Cadastral Surveyor (office) (Typical assigned project officer)
- Surveyor (office) (non-cadastral work)
- 2 person Survey Field Party
- 1 person Survey Field Party (Robotic Total Station)
- Survey Assistant
- Expert Witness/Court appearance/ Acquisition Due Diligence plus an Expert Witness Officer – Administrative support and expert preparation may be based on the rates as a separate cost
- Project Manager or as negotiated or rate
- Project Manager (Director) or as negotiated or rate
Survey Related Matters
- If we deem that you or your neighbour’s property encroaches, we will be required to issue an encroachment notice under Regulation as part of our survey.
- Encroachments are generally unexpected elements of the survey that are not revealed until the relevant boundary line has been established by survey and computations. The encroachment may require significant additional field survey to locate, related calculations and preparation of a plan for lodgement at DNRME to determine and quantify the extent of encroachment. Investigations to identify the land owners as well as additional Title Searches may be required in order to issue notices. At our discretion, we may choose to recover these additional costs on a time basis (Refer default survey rates) or a standard fee of $250 (excl. GST) may be charged for each occurrence, whichever is the greater.
- A typical Cadastral Survey and especially Identification Surveys (that are not examined by the Department of Natural Resources Mines and Energy), do not change your title dimensions or particulars other than being capable of identifying/indicating minor survey differences that can generally be accepted as reasonable and relatively insignificant. Even Surveys for subdivision or like purpose are commenced on the presumption that they will generally agree with the original Deed dimensions to within a reasonable degree. On some infrequent occasions our survey may expose significant differences between our measured boundary dimensions and your Titles dimensions or other significant survey issues. These may be erroneous historical survey, plan problems or other. As mentioned, this is unusual but falls outside the scope of our quotation for Cadastral Survey.
- Under these circumstances and in circumstances where unforeseen matters have arisen, our costs may vary. We will endeavour to advise you of the changes as soon as possible but in any case we reserve the right to stop the survey and discuss options to resolve the situation including a potential renegotiation of our fee. Uncertain boundaries at least may have an impact on the status of your land, so it is important to resolve them once discovered. We can investigate the matter on your behalf at the Titles Office or may recommend you seek further legal advice depending on the nature of the unforeseen circumstance.
- In particular an uncertain boundary situation has the potential to create significant additional work and cost. As work must be undertaken before we discover any potential anomaly, by accepting our quotation, the client acknowledges that any reasonable costs incurred up until the work is stopped are redeemable under the terms of the quotation.
- It may be necessary to clear vegetation to undertake the survey by line-of-sight (optical instrumentation). Our engagement to carry out the survey is regarded as your acknowledgement of this requirement and you the client indemnify us from any claim in relation to vegetation clearing. We will exercise as much care as is reasonably possible to safeguard vegetation regardless of the acknowledgement that this is not always practical.
Development Related Matters
- See also BD-054Q Consultancy Agreement
- What is the difference between Project Management and Project Co-ordination? If the project manager appoints other consultants, the service is defined as project management. If the client appoints other consultants, the service is defined as project co-ordination. Either may be applicable dependent on the agreed terms of engagement with the client. In the following details the words Project Manager and Project Coordinator may be considered interchangeable depending on the above application of the definition.
- Definition of Project Management*: *pmi.org “Project management is the art of coordinating resources and directing unidisciplinary groups so that the components of work performed by each group accumulates into a multidisciplinary team effort which achieves the desired objectives (or contracted scope of work) on time and within budget. Project management responsibilities are not reserved for the project manager, but are the proper function of all project supervisors. The project manager, together with his subordinate managers, can be thought to function as synergists. These managers are the supervisors who organize and integrate the team effort, thereby causing the end result to be of far greater value than the sum of the individual components of effort.”
- The client acknowledges that Project Management services in this instance are undertaken on a sub-contractual basis and is an intermediary or liaison role on behalf and under the immediate supervision of the client; thus the service does not require any other building or industry specific licences to be held by either the Project Manager or Pumpa Consulting.
- Due to the nature of the services being provided the client acknowledges that the consigned Project Manager is acting on the client supplied information, instructions and advice and that which may reasonably be presumed to be the intention of the role on behalf of the client.
- We will use our reasonable efforts to provide this Service to the client in accordance with their instructions.
- You the client acknowledges and agrees that a number of our Services are subject to limitations, which we can only act on to the best of our understanding and interpretation of instructions which the client has given. For example, progressing a project in accordance with Development Approvals and liaising with consultants, contractors and others on the client’s behalf without the full knowledge and understanding of the client himself. The responsibility is thus retained by the client in all matters.
- The Project Manager will report matters that are considered necessary to maintain the full engagement and responsibilities of the client.
- The client must provide to us such co-operation and support as we reasonably require to allow us to perform the Project Management role on the clients behalf, including by:
- ensuring that the information the client provides is kept accurate and up-to-date, including by providing updates to the Project Manager and Pumpa Consulting as soon as practicable after any information changes;
- responding promptly to the Project Manager, Pumpa Consulting, consultants and contractor communications in relation to the Project;
- providing accurate and prompt responses to requests for any information or documentation reasonably required by the Project Manager and Pumpa Consulting to perform the role; and
- making available, at the client’s cost, access to details, documents and personnel as may reasonably be required for the Project Manager to perform the Services.
- The Client acknowledges and agrees that we are not a legal firm and do not provide legal or contractual advice.
- The Project Manager and Pumpa Consulting are indemnified by the client as their acting intermediary.
- To the maximum extent permitted by applicable law, We are not liable for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss of corruption of data, business interruption or indirect costs) suffered by the client arising from, as a result of, or otherwise in connection with, any act or omission whatsoever by the Project Manager and Pumpa Consulting and each of their respective directors, officers, employees, agents or contractors.
- You must indemnify, keep indemnified and hold the Project Manager, Pumpa Consulting and each of their respective directors, officers, employees, agents or contractors harmless for all and any claims arising from, as a result of, or otherwise in connection with, the Project Management services and your use of the result of the services.
- The limitations and exclusions in this apply to any, loss, damage or claim whether based in contract (including under any indemnity or for breach of any warranty), tort (including negligence), under statute or any other legal basis.
- In all circumstances the client is responsible for all financial dealings with the development including approval of quotations, signing of contractual agreements, engagement and fees of consultants, builders, trades or the like; costs and charges of Authorities and suppliers and others; legal matters and disputes.
- This Preliminary Static Feasibility Estimate has been prepared for discussion purposes only as an introduction to the site’s development potential. It is an opinion only for discussion of the feasibility of development. Anyone using this feasibility and any supplied documents for any other purpose does so at their own risk.
- This Preliminary Static Feasibility Estimate is based on preliminary information received from the client or their representative. All items are subject to confirmation and review on receipt of formal conditions for development.
- This document is an opinion for discussion only of the potential for development for the site and has been prepared on the basis that the client accepts that it relies on a limited amount of supplied detail without referral to relevant Authorities, suitably qualified expert consultants or the detailed investigations required for due-diligence, purchase or other dealings.
- No examination has been made of site restraints not specified by the client or as shown in this document. The site may be subject to unforeseen restraints including but not limited to unforeseen or unidentified planning, engineering, servicing, topography, legislative, heritage, indigenous matters, environmental and ecological restraints.
- Estimated costs of construction are based on similar projects and the estimated rates used make no allowance for inflation and revision of material and labour charges beyond this date.
- No reliance should be placed on this Preliminary Static Feasibility Estimate for any financial dealings involving the land.
- This document has been prepared under instructions of the client and is intended solely for the use of Pumpa Consulting Pty Ltd. No responsibility to any other party is contemplated or accepted and any such parties relying on its contents for other purposes do so entirely at their own risk.