MICHAEL O MARA INTERIOR DESIGN & PROPERTY SOLUTIONS
Terms & conditions of agreement
for the provision of service
(interior Design contract)
SCOPE OF WORKS
a. The scope of works to which we agree to are detailed on the estimate and broken down into each phase of the project. Should you have further additions following the issuance of the Estimate the document shall be updated as required and new sum totals calculated and presented.
b. In circumstances whereby the technicality of a design or project is beyond our ability, we will make a recommendation to engage an additional professional. Should the client chose not to do this, we will endeavour to resolve the design issue to the best of our abilities but without obligation.
PAYMENT TERMS & CONDITIONS
a. A deposit of 50% of the quoted figure per project Phase must be lodged prior to commencement of any works (with the exception of the initial Consultation which is a payment made in advance). Upon completion of a phase the outstanding balance must be paid prior to commencement of the following phase without exception.
b. Delayed payments beyond 14 days can result in a 15% surcharge of amounts owed. In such cases all works shall cease and the delivery of items withheld until all due invoices are cleared.
c. Please note Estimates/ quotations are based on calculated hours. Should the actual time involved decrease, this will be reflected in future invoices. Should it arise that additional hours are required, your consent will be sought prior to progression. Quotations are based on previous similar projects.
d. Additional hours beyond quoted figures at request of client charged at €55.00 per hour or part thereof.
e. Additional expenses considered reimbursable to MiD in order to provide service are: delivery costs, storage costs, freight/ postage charges & parking costs.
f. Project supervision & meetings are charged either at an hourly rate or as a monthly retainer. These shall be billed monthly.
OFFICE HOURS & CONTACT
a. We conduct our business strictly during Office hours 9am to 5pm Monday to Friday. National holidays we are closed. Communications outside of these hours can be provided for an additional fee should you require the accommodation.
b. Our preferred meeting times are on Wednesdays & Fridays between 10am to 2pm for the purposes of business & office management. Should these times not be suitable we are happy to accommodate at an alternatively agreed time.
c. Please note that some meetings can be facilitated locally in Dun Laoghaire for a reduced fee.
d. Our time is valuable as is yours. When you engage our services we commit to having enough time to serving you which affects how many other clients we can take on. For this reason we do not offer refunds on cancelled appointments or late shows.
f. We accept no responsibility for dimensional inaccuracies in cases whereby the space to be designed is not completely stripped down to a shell and void of fittings and furniture prior to measurement. We endeavour to be as accurate as possible when these conditions are not met. Any future amendments or costs due to hidden plumbing, electrical or structural that was not apparent at time of inspection is not the responsibility of Michael Ó Mara Interior Design & Property solutions (MiD). Any additional design work to be carried out in such cases is charged at the hourly rate.
CAD DRAWING & RENDERING
a. References to minor change render designs: Colour variation or material variations accepted. Reference to major change render designs: Complete rework, reorientation, layout & styling.
b. Should the client request a design change at the ‘design & detailing’ stage after drawings have been submitted, a design fee shall be incurred as all drawings shall have to be updated and revised. If it is the case that an error was made on our side and the design change is necessary for instruction to contractors then this shall be free of charge.
c. The client understands that photo-realistic/3D renders are representative of the design concept only and used as a communication tool. Real life implementation will be similar but not exactly the same due to real world materials, products, light ,refraction, perspective, scale, environmental and on-site conditions. Accuracy to real world fittings, fixtures, materials etc. are clarified further during ‘Design detailing’ phase.
d. In cases whereby architectural 2D drawings are provided to the client but the associated CAD files are not shared with MiD redrafting fees shall apply. It is recommended that available CAD drawings are forwarded for use prior to commencement.
REVIEW AND APPROVAL OF DOCUMENTS BY THE CLIENT
a. The Client must promptly review any Document(s) & communications provided by MiD and:
i. If the Document(s) comply with the requirements of the client, approve the Document(s) by return email; or
ii. If the Document(s) do not comply with the requirements of the client, reject the Document(s) and provide details of the non-compliance.
b. If the Client fails to respond to MiD within 7 days of receipt of the Document(s) then the Document(s) are deemed to be approved and accepted by the Client. Any delay in responding can lead to delays on site therefore it is recommended that immediate action is taken so as not to incur idle hour fees from contractors.
c. If the Document(s) are rejected by the Client under clause aii above:
i. MiD shall be entitled to request written clarification of any concern, objection or correction, which must be promptly confirmed by the Client; reply by messaging service, text, whatsapp are not considered legitimate, and
ii. Subject to receipt of confirmation by the Client as applicable under clause 6cii above, amend the Document(s) as required to ensure compliance and resubmit to the Client, in which case clause a will reapply in respect of the amended Document(s).
a. The Client may vary the Services to be performed by MiD by giving written notice via email.
b. MiD will vary the Services as instructed by the Client to the extent it is reasonable and possible to do so.
c. MiD shall be entitled to an increase in the Fee for additional works arising from a variation to the Services not caused by the Designer, calculated at €55.00 per hour or part thereof or by further negotiation.
d. MiD is entitled to an extension to any time(s) specified for performance of the Services which are required by reason of a variation not caused by the Designer. The appropriate extension to be given is to be determined by the Designer (acting reasonably).
e. At certain times during the construction phase it can be necessary to make immediate design decisions in order to continue progress. These are generally minor issues, whereby it is the case that a considerable aesthetic would require changing the client shall be informed and offered the option to either produce a new drawing and redesign or adapt on the spot. If it occurs that the design change is based on the uncovering of services, mechanical or structural that were not apparent at original measurement stage then this shall be charged at the hourly rate. On the spot decisions whereby approval is given by the client shall not be charged. If there is a design error from our end exclusive of the above conditions, we shall re-design the item free of charge.
LIABILITY AND CONSEQUENTIAL LOSS
a. MiD will not be liable to the Client for any loss of revenue, loss of profit or anticipated profit, loss of production, loss of use of any plant or facility, business interruption of any nature, loss of business opportunity, loss of business reputation, loss of contract, value of shares, wasted overheads, payment of liquidated sums, penalties or damages under any agreement or any other indirect, remote, consequential, punitive, exemplary or special loss or damage due any delays in production, deliverables or contractor error.
b. If the Design Contract is terminated for any reason, MiD shall be entitled to payment of:
i. that part of the Fee for Services performed up to and including the date of termination; and
ii. The cost of any Goods ordered prior to termination which cannot be cancelled.
PURCHASING OR ORDERING ITEMS
a. The client can choose to either order the items themselves directly (in which case a pro forma from the respective supplier shall be raised) or agree for Michael Ó Mara Interior Design & Property solutions (MiD) to order and pay for items for a more efficient and expedited process. In this case the full amount of the order must be transferred to our account prior to orders being placed. In certain cases we may only make a deposit on your behalf and keep the balance on account until the product is delivered and inspected.
b. Please note that we do not offer or extend lines of credit regardless of the amount. To further note that the purchase of items on your behalf does not instigate or incur responsibility for the product, it’s longevity, guarantee or suitability by MiD. This is a service of convenience for clients, the purchase contract is between the client & the supplier/ manufacturer with the exception of goods purchased directly from MiD.
a. Michael Ó Mara Interior Design & Property solutions gives no warranties whatsoever in relation to any Goods. That is between the client & the supplier/ manufacturer
b. The parties acknowledge and agree that MiD may by agreement purchase Goods on behalf of the Client for the purposes of the Services. In the event MiD does so:
i. The Client must pay the full amount of the Goods upfront prior to MiD ordering the Goods; and
ii. MiD accepts no liability in respect of those Goods (including for payment of cancellation fees in the event that the order is cancelled upon request of the Client)
c. MiD accept no responsibility for failure of or fitting of materials we select such as wallpaper, tiles, flooring, fabrics, paints, furniture etc. We endeavour to make best recommendation however flaws in the manufacture, application or longevity are beyond our remit. In certain circumstances we will gladly engage with the responsible party on your behalf where applicable and reasonable to do so.
d. Change of mind – in the case whereby the client has a change of mind or a product was not as they imagined upon receipt, MiD cannot accept responsibility for such changes and their cost implications either for replacement, refund, delays or additional labour costs incurred. It is imperative that the client inspects all recommended items in person and not solely by photographic reference or drawing to avoid any doubt. Such confirmations can be carried out on ‘client shopping days’ or by pre-arrangement with the supplier which we are happy to organise.
e. Times and dates quoted for delivery of goods or materials are to be treated as an approximate estimate, MiD shall not be held responsible for delays outside our control. The lead time quoted is approximate only and given in good faith. If goods are delayed for any reason we cannot accept liability for consequential losses as a result.
f. We will not be held responsible for client’s goods left at the premises of MiD or the suppliers for whatever reason. Clients are responsible for the insurance of their own goods with their own insurance company.
g. Goods that are delivered to the clients property are the responsibility of the client and if so agreed, the contractor. We do not accept responsibility for safety, protection or care of the goods while they are being stored. Therefore we recommend that you consider and specify where goods are to be stored securely prior to delivery.
h. Once furniture or furnishing items have been purchased from vendors, most items bought cannot be returned except in cases of defect. It is recommended to inspect all products and keep them stored with their packaging in case you might necessitate to arrange the return of items.
Customised, bespoke and specially produced items generally cannot be returned.
i. We cannot guarantee prices of merchandise or products because vendor pricing is sometimes subject to change, a vendor’s change in price will be out of the designer’s control. Therefore it is recommended to arrange purchase of goods within a short time upon receipt of quotation and budget preparation.
CONTRACTORS & TRADES PEOPLE
a. Michael Ó Mara Interior Design & Property solutions (MiD) provides a design, interior design, resourcing and project supervision service for the client. We do not act on behalf of contractors. All contractor contracts and agreements are between the client & the contractor solely.
b. We cannot provide a guarantee or certification for the contractor part of the project and are not responsible for the quality of their works, materials used or their duration of works. However we shall supervise them for conformity to our design concept.
c. Should we suggest a contractor for you we do not accept responsibility for the contractors actions, attitude or ability to perform their duties. Rather, we make a calculated recommendation based on experience.
d. We recommend a contingency of 15% to 20% to cover unforeseen expenses in relation to contractor costs.
e. Following approval of concepts & designs created by Michael Ó Mara Interior Design & Property solutions (MiD) and approved by the client, the contractor (s) must provide confirmation to the client & MiD that: (1) they have reviewed the concepts & designs in detail and (2) they have drawn up notes in reference to queries and feasibility of project details prior to commencement.
f. A pre-commencement meeting is appropriate to address such matters in person or remotely by video call prior to project start date. Should such confirmations not materialise, on site issues that might arise shall be addressed however this can incur an additional fee if it is by cause of above agreements not being initially met.
g. LINES OF COMMUNICATION: MiD shall deal directly with the foreman of the building site only. Matters from sub contractors must be relayed to foreman and communicated to MiD for clear communication purposes.
h. Contractors contacting MiD during the project: Any matters that require attention should be noted and formatted together and sent via email for review. Due to office and project management it will not be possible to be available without notice or instantly, therefore the foreman/ Site manager should prepare all necessary queries prior to communicating as there will be a review time of approximately 4 days. Alternatively, items may be addressed during the pre-arranged site meetings, the frequency of which are at the discretion of the Client and to be agreed with the contractor. We recommend a fortnightly meeting to address and review any matters and project progress.
i. MiD recommends that the client approves the engagement of a surveyor to inspect the property prior to commencement of the project. We also recommend engaging a surveyor for measurement and provision of CAD drawings to all areas prior to commencement of project (should they not already be available) and in particular older buildings whereby the angles and dimensions are never squared or precise.
j. It is also recommended that a quantity surveyor is engaged (dependent on the scale of the project) in order that costs may more accurately be calculated & monitored.
k. It is at the client’s discretion whether they wish to engage of such services above which can offer greater peace of mind moving forward on the project.
l. It is imperative that the contractor prepares and distributes a project timeline in order that sufficient preparations may be made in relation to arranging supply of goods or services to site.
m. It will be the responsibility of the contractor to advise MiD with sufficient notice of 6-8+ weeks prior, the dates items arranged by MiD should be delivered to site such as kitchens, bathrooms, fixtures, fittings, ironmongery, furniture etc.
KITCHEN/ WARDROBE/ FURNITURE/ INSTALLATION DESIGNS
Following our design concepts it is imperative and obligatory that the client meets with the selected manufacturer and confirms all necessary details prior to manufacturing and fitting. It is essential that the supplier visits the site and takes a final measurement to ensure accuracy for items such as splash-backs, counter-tops & cabinetry. We make recommendations for finish, colour, style & detail where necessary but the final sign off is between the client & the manufacturer.
ITEM LIST & RESOURCING SELECTION
a. It is imperative that the client checks each and every item for ordering and confirms that each item is to their satisfaction and approval. This includes all furniture, appliances, fittings, panels, materials, textiles and finishes. Where possible links to each product are provided on the ‘items list’. Samples shall in most cases be provided (flooring, tile, carpet, veneer, fabric, wallpaper etc.) and in cases whereby samples cannot be provided, we will provide a photographic sample however the appropriate suppliers store must be visited for clarification and approval purposes as we cannot accept responsibility for change of mind or a misunderstood appearance of a recommended object.
b. Please note that when ordering tiles, bathroom furniture, appliances, kitchens, furniture, carpets, wood flooring etc. the client must visit the retail store on the day of ordering & paying to confirm the items are as required should the items not be available as samples on a mood board. Should the client prefer the designer to order these items without a final inspection in person then it should be noted that the designer accepts no responsibility for an incorrect order.
c. In cases whereby photo samples are provided to clients who are abroad the client must make best final decision. We endeavour to make the best recommendations for your project and do our best to ensure that the items are appropriate for the project.
PHOTOGRAPHING PROGRESS & COMPLETED WORKS
The client agrees to provide access for the photographing of the project during and after completion for the purposes of marketing & promotion. The client’s address and name shall not be included unless expressly agreed to by the client.