Terms and Conditions

Terms & Conditions

1. Proposal & Design Development

SPACE WORKS AU PTY LTD may prepare preliminary concepts, layouts, designs, estimates, specifications, project proposals, and other supporting documentation based on the information, drawings, and instructions provided by the Client.

Any preliminary concepts, designs, or proposals are provided for discussion and evaluation purposes only and do not constitute final construction documentation unless otherwise agreed in writing.

2. Accuracy of Information

The Client warrants that all information, dimensions, drawings, approvals, specifications, site details, and other information supplied to SPACE WORKS AU PTY LTD are accurate and complete.

SPACE WORKS AU PTY LTD shall not be liable for any delays, additional costs, redesign work, or project variations resulting from inaccurate, incomplete, or amended information provided by the Client or third parties acting on the Client’s behalf.

Any changes to the project scope, design brief, site conditions, specifications, or approvals may result in adjustments to pricing, timelines, and deliverables.

3. Design Services & Consultation Fees

SPACE WORKS AU PTY LTD may provide preliminary design concepts, project planning, and consultation services without charge as part of the project assessment and engagement process.

However, where:

• The Client elects not to proceed with the project through SPACE WORKS AU PTY LTD;
• The project is cancelled, postponed indefinitely, or substantially delayed;
• The Client engages an alternative contractor, designer, builder, or consultant; or
• SPACE WORKS AU PTY LTD has undertaken substantial design, planning, consultation, estimating, or project development work, SPACE WORKS AU PTY LTD reserves the right to charge a reasonable design, consultation, administration, and project development fee reflecting the time, expertise, and resources invested.

Such fees shall be assessed at SPACE WORKS AU PTY LTD’ standard rates and will be advised to the Client prior to invoicing where practicable.

4. Quotations & Estimates

All quotations, budgets, estimates, and indicative pricing provided by SPACE WORKS AU PTY LTD are based on information available at the time of preparation and remain subject to review and adjustment.

Quotations may be revised due to:

• Changes in project scope;
• Variations requested by the Client;
• Changes in material, labour, freight, or supplier costs;
• Site-specific requirements;
• Regulatory or approval requirements; or
• Unforeseen site conditions.

Unless otherwise stated in writing, quotations are valid for thirty (30) days from the date of issue.

5. Intellectual Property

All drawings, concepts, designs, plans, layouts, renderings, specifications, proposals, presentations, calculations, documentation, and other materials prepared by SPACE WORKS AU PTY LTD remain the exclusive intellectual property of SPACE WORKS AU PTY LTD.

The Client shall not copy, reproduce, distribute, disclose, modify, use, or provide any such materials to third parties for construction, pricing, tendering, or project execution without the prior written consent of SPACE WORKS AU PTY LTD.

Where a Client proceeds with another contractor using SPACE WORKS AU PTY LTD’ intellectual property without written approval, SPACE WORKS AU PTY LTD reserves the right to recover all reasonable design fees, damages, legal costs, and any other remedies available under applicable law.

6. Variations

Any variation requested by the Client after acceptance of a proposal, quotation, or design may result in additional costs and extensions of time.

No variation shall be binding unless agreed by both parties, either in writing or through documented project correspondence.

7. Site Conditions

All pricing and project assumptions are based on visible and reasonably identifiable site conditions at the time of assessment.

SPACE WORKS AU PTY LTD shall not be responsible for latent conditions, concealed defects, structural issues, hazardous materials, underground services, or other unforeseen circumstances that could not reasonably have been identified prior to commencement.

Any such conditions may result in additional costs, revised pricing, or project delays.

8. Confidentiality

Both parties acknowledge that, during the course of the engagement, they may receive or have access to confidential, proprietary, commercial, financial, technical, operational, and project-related information belonging to the other party.

Each party agrees to keep such information strictly confidential and shall not disclose, copy, reproduce, distribute, or use the information for any purpose other than the performance of the project without the prior written consent of the disclosing party.

This obligation extends to all documents, drawings, designs, specifications, pricing, proposals, business processes, trade secrets, client information, and any other information that would reasonably be considered confidential.

The confidentiality obligations under this clause shall survive the completion, termination, or cancellation of the project and shall continue for a period of five (5) years thereafter.

Nothing in this clause prevents disclosure where required by law, regulation, court order, or where disclosure is necessary to professional advisers, insurers, contractors, or consultants directly involved in the project, provided such parties are subject to equivalent confidentiality obligations.

9. Limitation of Liability

To the maximum extent permitted by law, SPACE WORKS AU PTY LTD’ liability for any claim arising out of or in connection with its services shall be limited to the amount paid by the Client for the relevant services.

SPACE WORKS AU PTY LTD shall not be liable for any indirect, consequential, incidental, special, or economic loss, including loss of profits, business interruption, loss of opportunity, or reputational damage.

Nothing in these Terms & Conditions excludes any rights or remedies that cannot be excluded under the Australian Consumer Law.

10. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of South Australia.

Any dispute arising out of or in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of South Australia.

11. Payment Terms

1. Deposit: Unless otherwise agreed in writing, SPACE WORKS AU PTY LTD may require a deposit prior to commencing design work, procurement, manufacturing, site works, or project execution. No work will commence until the required deposit has been received and cleared.
2. Progress Payments: SPACE WORKS AU PTY LTD may issue progress claims at various stages of the project, including but not limited to design completion, procurement, manufacturing, delivery, installation, and practical completion. Progress claims are payable in accordance with the payment terms stated on the relevant invoice.
3. Payment Due Date: All invoices are payable within seven (7) days of the invoice date unless otherwise stated in writing. Time for payment is of the essence.
4. Late Payments: SPACE WORKS AU PTY LTD reserves the right to charge interest on overdue amounts at a rate of 10% per annum, calculated daily from the due date until payment is received in full.
5. Recovery Costs: The Client shall be liable for all reasonable costs incurred by SPACE WORKS AU PTY LTD in recovering overdue amounts, including debt collection agency fees, legal costs, administrative costs, and court expenses.
6. Suspension of Works: If any invoice remains unpaid after its due date, SPACE WORKS AU PTY LTD reserves the right to suspend all work, deliveries, procurement activities, and project services until all outstanding amounts have been paid in full. Any resulting delays shall not constitute a breach by SPACE WORKS AU PTY LTD and may result in extensions of time and additional costs.
7. Ownership of Goods and Materials: Ownership of all goods, materials, drawings, designs, equipment, and products supplied by SPACE WORKS AU PTY LTD shall remain with SPACE WORKS AU PTY LTD until all monies owing under the contract have been paid in full.
8. No Set-Off: The Client shall not withhold, deduct, or set-off any amount due to SPACE WORKS AU PTY LTD unless required by law or agreed in writing by SPACE WORKS AU PTY LTD.
9. Disputed Invoices: Any dispute regarding an invoice must be notified in writing within five (5) business days of receipt. The Client must pay all undisputed portions of the invoice by the due date while the dispute is being resolved