TERMS & CONDITIONS FOR COMMERCIAL SPACE DESIGN
A. Preliminary design concept. Interior Designer’s professional services shall consist of consulting with the Client to determine the scope of work; preparing the necessary preliminary studies; making preliminary estimates; preparing working drawings and specifications; and consulting with architects, engineers, or other consultants.
1. Initial floor plan. This will be drawn to scale and will include a floor plan with furniture arrangement.
2. Revisions. The initial floor plan will undergo some revisions based on the Client’s needs and desires. Further consultation with the Client will clarify the extent of these revisions before the preliminary design concept is prepared. This study will also include space planning and requirements. Maximum number of revisions is limited to three (3). Any further revisions will be billed as stated in Section 1-C.
3. Preliminary Design Concept. After approval of the layout drawings, a complete presentation will include space planning, material selection and finishes, color selections, plan and elevations for any built-in/custom furniture, cabinets or architectural treatments and other visual aids necessary to illustrate the design plan. Inclusions are limited to the package availed.
B. Finalization of all working drawings. These include the final floor plans, elevations, furniture layouts, final recommendations of finishes, recommendation of furniture and accessories. All working drawings shall be submitted to the Client for approval and for consultation with other design professionals involved with the project. Any necessary revisions will be made and final approval will be acknowledged by the Client in writing.
C. Revisions to finalized working drawings. Any major revisions or revisions after final design approval in the floor plan and drawings will be billed PER DRAWING. Major revisions include changing: a. space allocation of any room; b. built-in furniture design; c. design concept/style; d. any custom design; e. any other that will involve major re-work of the finalized drawings as agreed upon by both parties.
D. Design Supervision/Construction Phase (Applicable only to Platinum Package)
The Construction Phase will commence with the award of contractor. The Interior Designer’s obligation to provide basic services under this Agreement will terminate when final payment to contractors or suppliers are paid, or thirty (30) days after the date of substantial completion of the work, whichever occurs first.
The Interior Designer will conduct periodic inspections as she deems appropriate. This is generally once to twice a week.
A time period of __ months is included in this contract. In excess of ___ months, a monthly charge (or a fraction thereof) will be due and billable at the beginning of the month. This charge is applicable within Metro Manila.
The Interior Designer will notify the Client against defects and deficiencies in the work of the contractor(s) but shall not have responsibility for the failure of the contractor to comply with drawings or specifications or any latent defect in the work of the contractor(s). Design supervision does not include day-to-day supervision of contractor’s workers since it is the responsibility of the contractor.
E. Furniture and accessories selection. Interior Designer will give suggestions for the supplier of the furniture as agreed upon.
F. Purchases. All purchases are made by the client. The Interior Designer will prepare all specifications needed. In case client wants purchasing to be done by the Interior Designer, advance payment should be given first.
II. SCOPE OF WORK
A. Scope of work is limited to the design package availed as stated in the website.
B. One commercial space is inclusive for each package, limited to an area of 100 square meters.
C. Furniture & accessory supplier recommendations are not limited to any revision. If there is any revision to be made, this should be done during the concept planning stage (before the final approval). Otherwise, any further changes will be subjected to a charge of __ for each furniture supplier visit.
D. Consultation will be via e-mail, Viber or FaceTime (if applicable). Length of consultation starts upon client's submission of questionnaire, all images, floor plan sketch as received in the welcome packet. Scope of consultation is limited to the package inclusions.
*REFER to FAQs for explanation of each term.
III. FEES AND PAYMENT PROVISIONS
A. The Client agrees to pay the full amount to the Interior Designer for the services outlined in the package (as applicable):
1. Floor plan with furniture layout
2. One Perspective
3. Mood Board
4. Design and specifications for all furniture & lighting fixtures (F&F)
5. Design and specifications for built-in cabinets and built-in furniture
6. Design and specifications for ceiling design
7. Elevations for each wall
8. Outlet and Switching Plan
9. Swatch board
10. Signage design
11. Sourcing for materials/furniture & fixtures
12. Referrals for supplier of furniture (pls. refer to furniture quotation upon design approval)
13. Site Visits for__ months (for Platinum package only)
C. Other Expenses Chargeable to the Client:
1. Miscellaneous Fees. Any special costs incurred for the project such as additional services, reproduction and revisions thereafter, photocopying, CADD plotting, all costs of blueprints, film developing, transportation, taxi fare in relation to the project, travel outside of the Metro Manila area, long distance and overseas telephone calls, courier services and postage outside of the Metro Manila areas, expenditures made at the specific request of the Client which are not related to the basic project services described above. All reimbursable expenses shall be billed weekly at cost plus 10% service charge.
IV. TERMS AND CONDITIONS
A. Additional Payment. For additional revisions and site visits not included in the package, payment shall be PRIOR to work done. For miscellaneous charges, invoices shall be paid within two (2) weeks upon requisition. An interest of 5% monthly shall be charged on payment overdue more than fourteen (14) working days from the date or requisition.
B. Meeting Venue. For purposes of this agreement, all design meetings will be held online.
C. Architectural Plans. Interior Designer’s scope of work for this project does not include any architectural plans but is limited to interiors only. Thus, architectural guarantee is not provided by Interior Designer.
D. Utilities/Systems Design. Interior Designer’s services shall not include undertaking any responsibility for the design or modification of the design of any structural, heating, air-conditioning, plumbing, ventilation or other mechanical systems installed or to be installed at the Project.
E. Cost Estimates. Since the Interior Designer has no control over the cost of furniture and fixtures, it does not guarantee the accuracy of any statements of probable cost estimates. However, all estimates will be based on current prices of suppliers.
F. Electrical Plans. Lighting and switching plans will be given by the Interior Designer however, a master electrician or electrical engineer must do the schedule and electrical load computation, and signing of the final electrical layout for submission needed by the proper authorities, if applicable.
G. Permits. Note that securing working permits, building permits, fire safety permits, electrical permits, etc. are not part of the Interior Designer’s job.
H. The Client has the assurance of the Interior Designer that the Interior Designer’s service shall be rendered in good faith and in a professional manner; but the Interior Designer cannot be responsible for the guarantee of any fabric, material or product against wearing, fading, soiling or latent defect. This guarantee will come from the approved supplier (whenever applicable).
I. The Interior Designer shall not be responsible for any defects in the architectural structure, electrical wiring, plumbing, airconditioning and/or other mechanical systems in the construction. This shall be the responsibility of the contractor/supplier(s) and/or developer.
J. Proprietary Rights. All drawings, specifications, and documents prepared by Interior Designer are instruments of service for the execution of the work on the project and are the exclusive property of the Interior Designer, whether the project is executed or not; and Interior Designer reserves the plan copyright, whether the work on the project is executed or not, and said plan shall not be used on any other project without the prior written consent of the Interior Designer.
K. Record. As Interior Designer requires a record of their projects, the Client will permit the Interior Designer or Interior Designer’s representatives to photograph the Project upon its completion and to use the photographs/renderings for their business purposes.
L. Termination Clause.
1. This Agreement may be terminated by either party upon the other party’s default in performance, provided that termination may not be effected unless written notice specifying nature and extent of default is given to the concerned party and such party fails to cure such default in performance within THIRTY (30) days from date of receipt of such notice. Termination shall be without prejudice to any and all other rights and remedies of Interior Designer, and Client shall remain liable for all outstanding obligations owed by Client to Interior Designer and for all items of merchandise, interior installations and other services on order as of the termination date.
2. Should the project be cancelled by the Client for any reason, the design fee already paid shall not be refundable.
M. Taxes. Any Sales Tax applicable to Interior Designer’s fees, and/or merchandise purchased from the Interior Designer, and/or interior installations completed by the Interior Designer shall be the responsibility of the Client.
N. Assignability. Neither Client nor Interior Designer may assign their respective interests in this Agreement without the written consent of the other.
O. This Agreement is a complete statement of the Interior Designer and Client’s understanding. No representations or agreements have been made other than those contained in this Agreement. This Agreement can be modified only by writing and signed by both Interior Designer and Client.