Terms of Service

These terms govern the supply of services by Measured Studio Pty Ltd (ABN 97 701 323 220, ACN 701 323 220) of Victoria, Australia — "we", "us" or "the studio" — to the person or organisation engaging us, referred to as "you" or "the client". They also govern your use of this website.

Where we issue a written quotation or engagement letter for a project, that document and these terms are read together. If they conflict, the quotation prevails for that project.

Quotations are based on the information you give us about the building — floor area, number of levels, level of detail required and access conditions. A quotation is an offer capable of acceptance for 30 days unless it says otherwise, and a contract is formed when you accept it in writing.

If the building or the access arrangements turn out to differ materially from what we were told, we will tell you before continuing and give you a revised price to accept or decline.

We produce a record of a building as it was observed on the dates of our site attendance. Unless the quotation expressly says otherwise, our services do not include and should not be relied on as:

• A cadastral or land title survey, or any determination of a legal boundary.
• A structural, engineering, geotechnical or services assessment.
• A building condition, defect, pest, asbestos or hazardous materials report.
• Advice on compliance with planning controls, the National Construction Code or any other statutory requirement.
• Any statement about concealed construction we were not able to see or safely access.

Elements that could not be measured or verified are identified on the drawings or in the accompanying notes. Where we record an assumption, it is an assumption and not a measurement.

You agree to give us accurate instructions, to arrange safe and timely access to every part of the building that has to be recorded, and to tell us about known hazards on site. Where the building is occupied or controlled by someone else, you are responsible for obtaining their consent to our attendance.

If access is refused, delayed or restricted on the agreed date, we may charge for the abortive attendance and reschedule. Where you supply existing drawings, scan data or measurements for us to work from, you are responsible for their accuracy and for having the right to give them to us.

Fees are as set out in the quotation and are stated in Australian dollars. Work outside the quoted scope — additional levels, additional detail, re-measurement after building work, or drawing revisions caused by changes to your brief — is a variation, and is quoted and accepted before it is carried out.

Invoices are payable within the period stated on the invoice. We may withhold issue of the final drawing files until payment of the invoice for that stage is received, and we may charge reasonable costs of recovering an overdue amount.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth). Among other things, services must be supplied with due care and skill, must be fit for any purpose you told us about, and must be supplied within a reasonable time.

If we fail to meet a consumer guarantee, you are entitled to a remedy under the Australian Consumer Law. For a major failure you may cancel the service contract and obtain a refund for the unused portion, or compensation for the reduced value of the services. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. For a failure that is not major, you are entitled to have the problem fixed within a reasonable time, and if it is not fixed, to cancel and obtain a refund for the unused portion.

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, and where a term of these terms would do so, it does not apply to that extent.

Copyright in the drawings, models, schedules and other documents we produce remains with Measured Studio Pty Ltd. On payment in full of our fees for a project, we grant you a non-exclusive, non-transferable licence to use and reproduce those documents for that project, including issuing them to your consultants, contractors and authorities.

That licence does not extend to a different site or a different project, and does not permit resale or re-issue of the documents as another party's work. Our drawings may not be altered and then represented as our record of the building.

Our documents describe the building as observed on the dates of attendance. Buildings change, and we accept no responsibility for changes after that date, for parts of the building we were not given access to, or for the use of our documents on a project other than the one they were prepared for.

Subject to clause 06 and to any liability that cannot lawfully be excluded, our total aggregate liability arising out of or in connection with a project — whether in contract, tort including negligence, under statute or otherwise — is limited to the fees paid to us for that project. We are not liable for indirect or consequential loss, loss of profit, loss of opportunity or loss of anticipated savings.

You must notify us of any claim about a drawing set within a reasonable time of becoming aware of it, and give us a fair opportunity to inspect the building and correct the document.

We treat project information, drawings and details of the buildings we attend as confidential, and disclose them only to deliver the work, where you direct us to, or where Australian law requires it. Personal information is handled in accordance with our privacy policy.

Either party may terminate an engagement by written notice if the other is in material breach and does not remedy it within 14 days of being asked to. We may also suspend work if an invoice is materially overdue, or if the site cannot be attended safely.

On termination you must pay for all work carried out up to that date, including site attendance and drafting in progress. Clauses covering intellectual property, liability, confidentiality and governing law survive termination.

We are not liable for delay or failure to perform caused by something reasonably beyond our control, including severe weather, loss of site access, industrial action, utility or network failure, or a public health direction. Where such an event occurs we will tell you promptly and agree a revised programme.

The content of this website is provided for general information about our services. It is not advice, and it does not form part of any quotation unless the quotation says so. We may change the content of this site at any time. The text, drawings and graphics on this site belong to Measured Studio Pty Ltd and may not be reproduced without our permission.

These terms and any engagement under them are governed by the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and of any court competent to hear appeals from them.

Before commencing proceedings, each party agrees to raise the dispute in writing with the other and to meet, in person or by video, to try to resolve it. This clause does not prevent either party from seeking urgent relief.

If any provision of these terms is found to be unenforceable, it is severed and the rest continues to apply. A failure to enforce a term is not a waiver of it. We may update these terms from time to time; the version published on this page at the date your quotation is issued is the version that applies to that engagement.

Questions about these terms should be sent to [email protected].

Measured Studio Pty Ltd, ABN 97 701 323 220, ACN 701 323 220, Victoria 3055, Australia.