Terms of Service.

About these Terms

Surveying is often one part of a much bigger property, development or construction process. Weather changes, building programs move, access can become difficult and sometimes plans change at short notice.

At A.R.P Surveyors Pty Ltd (ARP, we, us or our), we aim to keep the way we work straightforward. We want our clients to understand what is included, what we need from them, when payment is required and what happens if a booking needs to change.

These Terms & Conditions set out the basis on which ARP provides surveying and related professional services. They also explain the rules applying to use of our website and how we handle personal information.

These Terms should be read together with the quotation, proposal, booking confirmation, scope of work or other written instructions applying to a particular engagement.

TERMS & CONDITIONS OF SERVICE

1. Application of these Terms

These Terms & Conditions apply to surveying and related professional services provided by ARP.

A client is taken to have accepted these Terms when they:

·       accept or approve an ARP quotation or proposal;

·       confirm a booking;

·       pay a deposit;

·       instruct ARP to commence work;

·       provide ARP with access to a property or site for the purpose of undertaking the Services; or

·       otherwise engage ARP to provide surveying or related services.

If there is an inconsistency between these Terms and a specific written quotation, proposal or agreement issued by ARP, the specific written document will take precedence to the extent of the inconsistency.

2. Our Services

ARP provides surveying and related professional services in accordance with the scope set out in the quotation, proposal or written instructions accepted by the client.

Depending on the engagement, the Services may include field work, cadastral surveying, detail and level surveys, construction setout, subdivision surveying, investigation, research, calculations, drafting, preparation of plans, liaison with relevant authorities and related professional services.

Unless expressly included in our quotation, our Services do not automatically include additional attendances, repeated setout, redesign work, additional certificates, authority fees, title searches, specialist consultants, utility locating or work arising because information supplied to us is incomplete or subsequently changed.

3. Quotations and Scope

Our quotation is based on the information available to ARP at the time it is prepared.

A quotation may need to be varied where:

·       the scope of work changes;

·       additional surveying work is requested;

·       additional site visits are required;

·       site conditions are materially different from those reasonably anticipated;

·       access to the site is restricted, delayed or unavailable;

·       existing survey information or survey marks are inconsistent, incomplete, disturbed or unavailable;

·       additional research, calculations, investigation or authority liaison become necessary;

·       plans, design information or construction information supplied to ARP are changed;

·       work already undertaken needs to be repeated because of circumstances outside ARP's reasonable control; or

·       a council, certifier, government authority, NSW Land Registry Services or another relevant party requires additional work.

Where reasonably practicable, ARP will advise the client before undertaking material additional work.

4. Client Responsibilities

To enable ARP to undertake the Services efficiently, lawfully and safely, the client must:

·       provide accurate and complete property and project information;

·       provide the latest available architectural, engineering, construction, development or other plans relevant to our work;

·       tell ARP promptly if plans, designs or instructions are revised;

·       ensure ARP has reasonable and lawful access to the property or work site;

·       advise occupants, tenants, builders or other relevant persons that ARP will be attending where necessary;

·       advise ARP of known site hazards, access restrictions, inductions or safety requirements;

·       ensure animals are appropriately secured;

·       advise ARP of relevant easements, restrictions, approvals or site conditions known to the client; and

·       provide any other information reasonably requested by ARP.

Where access to adjoining property may be required, the client should notify ARP as early as possible. ARP will not knowingly enter private property without lawful authority, permission or another lawful basis for entry.

5. Information and Existing Survey Records

Surveying may require ARP to consider information from title records, deposited plans, previous surveys, survey marks, existing structures, site occupation, government or authority records and information supplied by clients or third parties.

ARP may reasonably rely on information supplied to us unless there is an apparent reason to question its accuracy. Where inconsistencies, missing information or unexpected survey issues are identified, further investigation or work may be required and may constitute a variation.

6. Site Conditions and Features

A survey reflects the conditions and information available at the time the relevant field work is undertaken.

Unless specifically included within the agreed scope, ARP does not warrant that a survey will identify:

·       concealed or underground structures;

·       underground services or utilities;

·       features that cannot reasonably be accessed, observed or measured;

·       contamination, geotechnical conditions, structural defects or hazardous materials;

·       matters not apparent from physical inspection or relevant available records; or

·       changes made after ARP's site attendance.

Clients should obtain specialist advice where underground services, contamination, structural conditions, geotechnical matters or other specialist issues need to be identified.

7. Construction and Setout Work

Where ARP undertakes construction setout or related work, the client, builder or relevant project representative must ensure ARP has been provided with the latest approved revision of all relevant plans.

ARP is not responsible for errors caused by superseded, incorrect or incomplete plans supplied to us where ARP could not reasonably have identified the issue.

Survey marks, setout marks, pegs and reference points may be disturbed or destroyed during construction. Once placed, responsibility for protecting them rests with the client and relevant contractors on site.

If ARP is required to return to replace or re-establish marks because they have been disturbed, removed or destroyed after placement, an additional attendance fee may apply.

8. Timing and Completion Dates

Any anticipated site date, completion date or turnaround time provided by ARP is an estimate unless ARP expressly agrees otherwise in writing.

Timing may be affected by matters including:

·       weather and environmental conditions;

·       site access;

·       availability of title, survey or authority information;

·       unexpected surveying issues;

·       safety conditions;

·       client or design changes;

·       authority or certifier requirements;

·       third-party information; and

·       circumstances reasonably outside ARP's control.

ARP will communicate with the client where we become aware of a material delay.

BOOKINGS, POSTPONEMENTS AND CANCELLATIONS

9. Postponement by the Client — Weather

Surveying work is frequently undertaken outdoors and weather conditions can affect safety, access and the ability to undertake accurate and effective field work.

Where wet or extreme weather affects a scheduled site visit, the client may request that the booking be postponed without an additional postponement fee.

The client must contact ARP and agree a replacement booking within 10 business days of the original scheduled visit. The replacement site visit itself may occur after that 10-business-day period where ARP's availability requires it, provided the new booking has been agreed within the 10-business-day period.

If a replacement booking is not agreed within that period, ARP may treat the booking as cancelled. The applicable cancellation charge will be determined by reference to the original site visit date and the notice provided when postponement was requested.

10. Postponement by ARP

ARP may postpone a scheduled site visit where we reasonably determine that work should not proceed because of:

·       wet, severe or extreme weather;

·       unsafe conditions;

·       restricted or unavailable site access;

·       equipment or operational issues;

·       illness or unexpected staff unavailability;

·       emergency circumstances; or

·       another event reasonably outside ARP's control.

Where ARP needs to postpone an attendance, no client cancellation or postponement fee will apply. ARP will contact the client as soon as reasonably practicable and offer the next reasonably available appointment.

Priority will be given to rescheduling work that ARP has been required to postpone.

Where ARP cannot provide the Services within a reasonable period, we will discuss alternative arrangements with the client.

Nothing in this section affects any rights the client has under the Australian Consumer Law.

11. Cancellation by the Client

If the client decides to cancel a scheduled service, the following cancellation charges ordinarily apply:

Notice -More than 2 business days

Cancellation charge - $250 + GST

Purpose - Reasonable scheduling, administration, file establishment, preliminary preparation and reserved capacity.

Notice - 2 business days or less

Cancellation charge - 50% of the quoted professional fee

Purpose - Reflects short-notice loss of field capacity together with administration, preparation and work already undertaken.

For a cancellation within two business days, the 50% charge is calculated on the quoted professional fee before GST, with GST then applied where legally applicable.

Where ARP has already completed professional work or incurred external costs before cancellation, the client may also be required to pay the reasonable cost of work already undertaken and non-refundable external expenses. ARP will not seek double recovery of the same costs.

ARP may reduce or waive a cancellation charge where it considers this reasonable having regard to the circumstances and the costs actually incurred or capacity lost.

Cancellation charges do not apply to the extent the client is legally entitled to cancel without charge under the Australian Consumer Law or other applicable legislation.

12. Business Days

For the purposes of these Terms, a business day means Monday to Friday excluding public holidays in New South Wales. A cancellation or postponement received outside ARP's normal business hours may be treated as having been received on the next business day.

FEES, INVOICING AND PAYMENT

13. Deposits

ARP may require a deposit before confirming or commencing particular work.

Where a deposit is required:

·       the amount will be stated in the quotation or booking confirmation;

·       the deposit will normally be credited against the final amount payable;

·       ARP is not required to commence work until the required deposit has been received; and

·       if the client cancels, the deposit may be applied against legitimate cancellation charges, work already completed and non-refundable costs incurred by ARP.

Any remaining balance will be dealt with in accordance with these Terms and applicable law.

14. Invoicing and Payment Terms

Unless otherwise agreed by ARP in writing, an invoice will normally be issued on the day the field work is undertaken.

Payment is required as soon as practicable and no later than three (3) business days from the invoice date.

ARP's standard payment terms are not 14-day, 30-day or end-of-month account terms. Longer payment terms apply only where ARP has expressly agreed to them in writing before the engagement.

Acceptance of a quotation or booking constitutes acceptance of ARP's payment terms.

15. Release of Drawings and Deliverables

Unless otherwise agreed in writing, final drawings, plans, reports, certificates and other completed deliverables will not be released until ARP has received payment of the relevant invoice in full and cleared funds are available.

This reflects that a substantial component of ARP's professional work has generally been completed before the final drawing, plan or report is issued.

Draft information supplied during a project is provided for review or coordination only and must not be treated as a final survey deliverable unless ARP expressly identifies it as final.

Nothing in this section limits any right or remedy that cannot legally be excluded under the Australian Consumer Law.

16. Invoice Queries and Overdue Amounts

If a client believes an invoice is incorrect, the client should contact ARP promptly so the matter can be reviewed. A genuine invoice query does not remove the obligation to pay any amount that is not in dispute.

Where an amount remains overdue, ARP may suspend further work or withhold further deliverables to the extent permitted by law until the overdue amount is paid.

17. Additional Work and Variations

Additional services or variations requested by the client will be charged separately. Where practical, ARP will advise the client of additional charges before material additional work is undertaken.

Where additional work is necessary to safely complete a site attendance or address an issue that could not reasonably have been identified before attendance, ARP may undertake reasonable additional work and advise the client as soon as practicable.

SURVEY DELIVERABLES AND PROFESSIONAL RELIANCE

18. Purpose and Reliance

ARP's surveys, drawings, plans, reports and other deliverables are prepared for:

·       the client identified in our quotation or engagement;

·       the property identified in the engagement; and

·       the purpose for which ARP was instructed.

A deliverable should not be used for a substantially different purpose without first obtaining advice from ARP. A third party should not rely on ARP's professional work without ARP's written agreement where that reliance was not contemplated when ARP was engaged.

19. Changes After the Survey

Buildings, structures, fences, earthworks, excavation, construction work and other physical conditions may change after ARP has attended a site.

ARP is not responsible for changes made to the property after the date of our field work except to the extent a loss is caused by ARP's own breach of contract, negligence or another liability that cannot lawfully be excluded.

Where significant time has passed or site conditions have changed, an updated survey may be required.

20. Government, Registration and Third-Party Decisions

Where ARP prepares information for submission to a council, certifier, government authority, NSW Land Registry Services or another third party, ARP will undertake the agreed professional work with appropriate care.

Unless expressly agreed otherwise, ARP does not guarantee:

·       development approval;

·       subdivision approval;

·       registration of a plan;

·       certification;

·       acceptance by a lender or third party; or

·       any particular decision by a government authority or regulatory body.

Decisions made by those organisations remain outside ARP's control.

21. Intellectual Property

Unless otherwise agreed in writing, copyright and other intellectual property rights in ARP's drawings, plans, reports, templates, calculations and other material created by ARP remain with ARP.

Once all applicable fees have been paid, the client receives a licence to use the final deliverables for the project and purpose for which they were prepared.

The client must not alter an ARP survey, plan or professional document in a way that could reasonably suggest the alteration was made or endorsed by ARP.

WORK HEALTH, SAFETY AND PROFESSIONAL CONTROLS

22. Work Health, Safety and Wellbeing

ARP is committed to providing surveying services in a way that protects the health, safety and wellbeing of our employees, contractors, clients, property occupants, adjoining landowners and other people who may be affected by our work.

Surveying requires our people to work in a range of environments, including construction sites, occupied and vacant properties, roadsides and other field locations. Our work may also involve working alone, travelling between sites and working in changing weather and site conditions.

ARP takes both physical and psychological health and safety seriously and manages its work in accordance with its Work Health and Safety Policy, the Work Health and Safety Act 2011 (NSW), the Work Health and Safety Regulation 2025 (NSW) and other applicable requirements.

Our approach includes identifying and managing risks associated with matters such as:

·       active construction sites;

·       traffic and work near roads;

·       plant, machinery and equipment;

·       uneven ground, excavations and work at heights;

·       manual handling;

·       potential exposure to silica, asbestos or other hazardous materials;

·       driving and travel between sites;

·       remote or isolated work;

·       aggressive, threatening or inappropriate behaviour;

·       psychosocial hazards, including unreasonable behaviour or high-risk work conditions;

·       extreme weather or environmental conditions; and

·       other hazards that may reasonably affect the safety of our people or others.

23. Client and Site Safety Responsibilities

Clients must take reasonable steps to provide ARP with safe and reasonable access to the property or work site.

Before ARP attends a site, the client must advise us of any known or reasonably foreseeable hazard, access restriction or site condition that may affect our employees or contractors.

This includes, where relevant:

·       active construction activities;

·       open excavations, trenches or unprotected edges;

·       unstable structures or surfaces;

·       asbestos, silica, contamination or suspected hazardous materials;

·       electrical hazards;

·       operating machinery or plant;

·       traffic management requirements;

·       dangerous or unsecured animals;

·       aggressive or threatening occupants or other persons;

·       restricted or controlled access areas;

·       site-specific personal protective equipment requirements;

·       mandatory site inductions;

·       remote or isolated working conditions; and

·       any other circumstance that could reasonably create a health or safety risk.

Where the site is controlled by a builder, principal contractor or another person, the client must provide ARP with relevant site access and safety requirements before our attendance wherever reasonably practicable.

The client must not knowingly require or encourage an ARP employee or contractor to undertake work in circumstances that would expose that person or another person to an unacceptable health or safety risk.

24. Unsafe Work and ARP's Right to Stop or Postpone Work

Safety takes priority over scheduling or project deadlines.

An ARP employee or contractor may stop, refuse to commence, relocate or suspend work where they reasonably believe the work cannot be performed safely or where continuing the work would expose themselves or another person to a serious health or safety risk.

ARP may also postpone or reschedule a site attendance where conditions make the work unsafe or inappropriate to undertake, including circumstances involving:

·       severe or unsafe weather;

·       unsafe access;

·       uncontrolled construction activity;

·       inadequate traffic management;

·       unsafe plant or machinery;

·       hazardous materials;

·       aggressive or threatening behaviour;

·       inadequate site controls;

·       a failure to complete a required site induction; or

·       another material health or safety risk.

No ARP employee or contractor is required to continue work simply because a project is urgent or because a client, builder or another person requests that the work proceed.

Where work is postponed because of a general safety, weather or operational issue outside the client's control, ARP will arrange the next reasonably available attendance and no postponement fee will apply.

Where ARP is unable to undertake the work because of an unsafe condition that was within the client's or site controller's reasonable control and was known, or reasonably should have been known, before ARP attended, ARP may charge the reasonable costs of the aborted attendance and any subsequent return visit.

Where practicable, ARP will explain the safety concern to the client or relevant site representative and identify what needs to occur before work can recommence.

25. Professional Surveying and Registered-Surveyor Controls

ARP's surveying work is undertaken within appropriate professional supervision and quality controls and in accordance with applicable surveying legislation, including the Surveying and Spatial Information Act 2002 (NSW) and Surveying and Spatial Information Regulation 2024 (NSW), where relevant.

Where work requires review, determination, certification or sign-off by a Registered Surveyor, ARP will ensure that the appropriate Registered Surveyor undertakes that responsibility.

Professional review and Registered Surveyor sign-off will not be bypassed because of client deadlines, construction pressures or requests for expedited delivery.

Clients acknowledge that ARP may delay the release of a plan, determination or other professional surveying output where additional review is reasonably required to ensure the work meets applicable professional, regulatory, quality or safety requirements.

Nothing in these Terms requires ARP or any individual surveyor to act contrary to statutory or professional obligations.

AUSTRALIAN CONSUMER LAW AND RESPONSIBILITY

26. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights available under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

Where the Australian Consumer Law applies, ARP's Services come with consumer guarantees that cannot be excluded by these Terms.

27. Responsibility for Loss

ARP is responsible for performing the Services with the level of care required by applicable law and professional surveying requirements.

To the extent permitted by law, ARP is not responsible for loss caused by:

·       inaccurate, incomplete or misleading information supplied by the client or another person;

·       use of superseded plans or documents where ARP was not advised they had been superseded;

·       site conditions that could not reasonably have been identified;

·       alteration, misuse or unauthorised modification of ARP's work by another person;

·       use of ARP's work for a purpose for which it was not prepared;

·       physical changes made after ARP's survey;

·       destruction or movement of survey or setout marks after ARP has placed them; or

·       matters reasonably outside ARP's control.

Nothing in this section limits liability where it would be unlawful to do so.