Terms and Conditions | Storm Spatial

1. Definitions

1.1 Company means Storm Spatial Pty Ltd (ABN 81 641 093 254), including its employees, contractors, consultants and agents.

1.2 Client means the person, company or entity requesting or acquiring the Works from the Company.

1.3 Works means all services provided by the Company, including but not limited to:

● Feature and level surveys;
● Engineering and construction surveys;
● Construction set-out and as-built surveys;
● Topographical surveys;
● Drone surveying, mapping and inspections;
● LiDAR and photogrammetry;
● Three-dimensional scanning and modelling;
● CAD drafting and preparation of plans;
● Machine-control and spatial data preparation;
● Survey calculations, reporting and data processing; and
● Other spatial, surveying or drafting services described in a quotation or agreed scope.

1.4 Where no Client representative is present on site, the scope of the Works and all access arrangements must be agreed in writing before the Company attends the site.

1.5 Where a Client representative is present, that representative must provide the Company with all information, instructions and assistance reasonably required to perform the Works.

2. Application of Terms

2.1 These Terms and Conditions apply to all Works supplied by the Company and prevail over any terms contained in the Client’s purchase order or other document, except where expressly agreed in writing by the Company.

2.2 Any variation to these Terms and Conditions must be agreed in writing by an authorised representative of the Company.

3. Minimum Hire

3.1 A minimum charge of three (3) hours applies to standard work.

3.2 A minimum charge of ten (10) hours applies to shift work.

4. Normal Working Hours

4.1 Normal working hours are the first eight (8) hours worked between 6:00 am and 6:00 pm, Monday to Friday.

5. Penalty Rates

5.1 Work performed outside normal working hours, or beyond the first eight (8) hours worked on a standard working day, will incur a penalty rate of $80.00 per hour, per Surveyor, in addition to the applicable standard rates.

6. Travel Time

6.1 Travel time to and from the site will be measured and charged in accordance with the applicable Schedule of Rates.

7. Additional Services

7.1 Post-survey services, additional site inspections, attendance at project meetings, site inductions, reviews and any other Works outside the agreed scope will be charged in accordance with the applicable Schedule of Rates.

8. Additional Requirements and Costs

8.1 Any unspecified equipment, materials, consumables, administration, training or other resources required by the Company will be charged at the applicable rate.

8.2 Unless expressly included in the quotation, no allowance has been made for:

● Permits or authority approvals;
● Scaffolding, hoisting or specialist access;
● Access or protection systems required for work at heights or on roofs;
● Traffic management;
● Site-specific training or medical assessments;
● Enterprise Bargaining Agreement rates or site allowances; or
● Third-party consultants, contractors or specialist services.

8.3 If site rates or allowances become applicable under an Enterprise Bargaining Agreement, industrial instrument or site agreement, the Company may review and amend its rates accordingly.

9. Validity and GST

9.1 Quoted prices are valid for thirty (30) days from the date of the quotation unless stated otherwise.

9.2 All prices are exclusive of GST unless expressly stated otherwise. GST will be added at the applicable rate.

10. Payment Terms

10.1 Invoices are payable within thirty (30) days from the invoice date unless otherwise agreed in writing before commencement of the Works.

10.2 The Company may charge interest on overdue amounts and recover reasonable debt-recovery and collection costs.

10.3 The Client must not withhold payment due to a dispute concerning part of an invoice and must pay all undisputed amounts by the due date.

11. Performance of the Works

11.1 The Company will use reasonable skill and care when performing the Works and will act in accordance with generally accepted industry practices.

11.2 Any timeframe provided for performing or completing the Works is an estimate only.

11.3 The Company is not liable for any delay, non-performance or associated loss caused by circumstances beyond its reasonable control, including adverse weather, unavailable access, unsafe site conditions, equipment failure, authority restrictions, delayed information or instructions from the Client, or delays caused by third parties.

12. Property and Site Access

12.1 Where access to private property is required, the Client:
(a) Warrants that it has lawful authority to grant access; and
(b) Grants the Company permission to access the property as reasonably necessary to perform the Works.

12.2 The Client must provide safe, clear and unrestricted access to all required working areas.

12.3 Where required, appropriately delineated work areas must be allocated to the Company for the safe performance of the Works.

12.4 The site and all relevant buildings, including tenanted and non-tenanted areas, plant rooms and security rooms, must be accessible to the Company’s field personnel between 8:00 am and 4:30 pm unless alternative arrangements have been agreed.

12.5 Additional site visits resulting from unavailable, delayed or restricted access will be charged at the applicable hourly rates or may be subject to an additional fee proposal.

13. Site Safety

13.1 The Client must provide and maintain a safe working environment in accordance with applicable occupational health and safety legislation.

13.2 The Company may suspend or refuse to perform the Works where it reasonably considers the site or working conditions to be unsafe.

13.3 Delays or additional attendance arising from unsafe site conditions will be charged at the applicable rates.

14. Inclement Weather

14.1 No allowance has been made for inclement weather unless expressly stated in the quotation.

14.2 If the Works are delayed, interrupted or suspended due to weather or unsuitable site conditions, the applicable minimum hire charges will apply.

15. Obstructions and Visibility

15.1 The Company may be unable to survey, measure or observe features in areas affected by restricted access, vegetation, stored materials, vehicles, construction activity, poor visibility or other physical obstructions.

15.2 Additional work required after an obstruction has been removed or access has been provided will be charged at the applicable rates.

16. Client-Supplied Information

16.1 The Client must provide all information reasonably required to perform the Works, including current design drawings, digital models, coordinate systems, survey control information, title information, site plans, specifications and relevant revisions.

16.2 The Client is responsible for ensuring that all information supplied to the Company is accurate, complete, current and suitable for its intended purpose.

16.3 The Company does not warrant the accuracy or completeness of information, plans, models, coordinates or documentation supplied by the Client or any third party.

16.4 The Company may rely upon Client-supplied and third-party information without independently verifying it unless verification is expressly included within the agreed scope.

16.5 Additional work arising from inaccurate, incomplete, superseded or amended information will be charged at the applicable rates.

17. Survey Control and Coordinate Systems

17.1 The Client must advise the Company of any required coordinate system, datum, benchmark, survey-control network or project-specific accuracy standard before commencement of the Works.

17.2 Unless otherwise stated, the Works will be undertaken using the survey control and reference information reasonably available at the time.

17.3 The Company is not responsible for discrepancies arising from incorrect, disturbed, inconsistent or unsuitable survey control supplied or established by others.

18. Construction Set-Out

18.1 Construction set-out will be based on the latest drawings, models and information supplied to the Company at the time the Works are performed.

18.2 The Client must confirm that all supplied information has been approved for construction and represents the current revision.

18.3 The Client and its contractors must check the set-out against the design intent and notify the Company of any apparent discrepancy before construction proceeds.

18.4 The Company is not responsible for work constructed from set-out marks that have been disturbed, removed, altered, damaged or incorrectly interpreted after the Company leaves the site.

18.5 Re-establishment or replacement of survey marks will be charged at the applicable rates.

19. Title Boundaries

19.1 Feature surveys, construction surveys, aerial surveys and general spatial surveys do not establish or verify legal property boundaries unless a cadastral or title-boundary survey is expressly included in the agreed scope and performed by an appropriately licensed surveyor.

19.2 Fences, walls, occupation lines, mapping data and existing site features must not be assumed to represent legal property boundaries.

20. Survey Accuracy and Tolerances

20.1 Survey accuracy is affected by the selected methodology, equipment, site conditions, available control, visibility, access and the nature of the surface or feature being measured.

20.2 Where the Client requires a particular accuracy, tolerance or specification, it must be provided to and accepted by the Company in writing before commencement of the Works.

20.3 Unless otherwise agreed, the Company will apply accuracy standards reasonably appropriate to the type and purpose of the Works.

21. Drone and Aerial Surveying

21.1 Drone operations are subject to weather, airspace restrictions, aviation regulations, site conditions, safety requirements and any necessary permissions or approvals.

21.2 The Company may postpone, modify or cancel a drone operation where it considers that the flight cannot be conducted safely or lawfully.

21.3 Additional attendance resulting from unsuitable flight conditions, restricted airspace,unavailable access or delayed approvals will be charged at the applicable rates.

21.4 Vegetation, water, reflective surfaces, shadows, restricted visibility and inaccessible areas may reduce the completeness or accuracy of aerial, photogrammetric or LiDAR data.

22. Deliverables and Use of Data

22.1 Deliverables will be provided in the format and coordinate system specified in the agreed scope.

22.2 The Client must verify that all deliverables are suitable and compatible with its software, systems and intended use before relying upon them.

22.3 Unless expressly agreed otherwise, deliverables are prepared solely for the Client and for the purpose described in the quotation.

22.4 The Company accepts no responsibility for:
(a) Use of a deliverable for a purpose other than that for which it was prepared;
(b) Changes made to a deliverable by another party;
(c) Errors caused by file conversion, software incompatibility, scaling or transformation;
(d) Reliance on preliminary, superseded or draft information; or
(e) Reliance on the deliverable by a third party without the Company’s written consent.

23. Machine-Control Systems

23.1 Machine operators and contractors are solely responsible for the operation, calibration, verification and maintenance of their GPS/GNSS and machine-control systems.

23.2 Unless expressly included in the agreed scope, no allowance has been made for troubleshooting, diagnosing, calibrating or repairing GPS/GNSS systems installed on machinery or plant.

23.3 Operators must independently verify uploaded models, site calibration, control points, offsets and machine operation before commencing construction.

24. Contamination and Hazardous Materials

24.1 The Client must notify the Company if the site is contaminated, suspected of being contaminated or contains hazardous materials.

24.2 All costs associated with cleaning or decontaminating the Company’s personnel, plant, property or equipment will be borne by the Client.

25. Traffic Management

25.1 Unless expressly included in the quotation, it is anticipated that traffic management will not be required.

25.2 If traffic management becomes necessary for health and safety reasons, the Company will notify the Client before engaging a traffic-management contractor.

25.3 The contractor’s fees will be charged to the Client as a disbursement, together with a 20% subconsultant management fee.

26. Limitation of Liability

26.1 Nothing in these Terms and Conditions excludes any rights or remedies the Client may have under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded.

26.2 To the extent permitted by law, the Company’s liability for a breach of these Terms and Conditions or the performance of the Works is limited, at the Company’s option, to:
(a) Re-supplying the Works; or
(b) Paying the reasonable cost of having the Works supplied again.

26.3 Except for liability that cannot lawfully be excluded, the Company excludes liability for:
● Indirect or consequential loss;
● Loss of profit, revenue, opportunity or production;
● Project delay costs;
● Third-party claims;
● Reinstatement or rectification costs; and
● Pure economic loss.

26.4 To the extent permitted by law, the Company’s total aggregate liability relating to the Works will not exceed the total fees paid by the Client for those Works.

27. Client Indemnity

27.1 To the extent permitted by law, the Client indemnifies the Company against claims, losses, damages, liabilities and expenses arising from:
(a) Inaccurate, incomplete, superseded or misleading information supplied by the Client or a third party;
(b) The Client’s failure to communicate revisions or changes to the design or scope;
(c) Unauthorised or inappropriate use, alteration or distribution of the Company’s deliverables;
(d) Disturbance, alteration or incorrect interpretation of survey marks or set-out points;
(e) A breach of the Client’s site safety, access or legal obligations; or
(f) Reliance on the Works for a purpose outside the agreed scope.

28. General

28.1 These Terms and Conditions are governed by the laws of Victoria, Australia.

28.2 If any provision is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

28.3 The Company’s failure to enforce a provision of these Terms and Conditions does not constitute a waiver of that provision or any other right.

28.4 The quotation, agreed scope, Schedule of Rates and these Terms and Conditions constitute the agreement between the Company and the Client concerning the Works.