TERMS & CONDITIONS
MINTED ELEVATED LIVING TERMS & CONDITIONS
Application of these Terms
1 These terms will apply to all MEL Services provided to the Client for the Site, whether listed, or as a result of a subsequent instruction.
MEL Scope of Services
2 The MEL Services provided will generally include the following:
2.1 A one hour consultation with a MEL design team representative;
2.2 A consultation process under which design and scope of works will be presented, discussed and adapted as required.
2.3 The preparation of a detailed Scope of Works:
3 MEL provides advice on spatial management and design only and does not profess to have any architectural or building qualifications. It will:
3.1 Provide recommendations as to who should be engaged to carry out the works, including:
3.1.1 The engagement of an architect or draftsman for preparation of drawings for architectural or technical fit out;
3.1.2 The engagement of trades;
3.1.3 The supply of materials; and
3.1.4 The supply of furniture.
3.2 Not be responsible for any inaccuracy of drawings or any non-conforming building works or other issues arising, including but not limited to:
3.2.1 Inaccuracy of plans;
3.2.2 Calculations of quantities of materials;
3.2.3 Technical ability of trades and suppliers
3.2.4 Financial viability of trades and suppliers;
3.2.5 Unavailability of selected materials;
3.2.6 Materials’ compliance with samples:
(a) Samples provided are indicative only, especially where they are of a natural product where different batches may vary in colour and shade.
(b) All photographs, weights, illustrations, shade descriptions, nominal sizes shown on any document provided by MEL or in any sample, or on display in any store, are approximate or indicative only.
4 Where the Scope of Works provides:
4.1 That MEL will itself supply materials, (for example, furniture), MEL will be acting as principal and will be responsible for the materials supplied.
4.2 That another party will provide services, carry out works or supply materials, then:
4.2.1 The Client may at its discretion engage such trades and suppliers it considers suitable:
(a) In that event, the Client will be responsible for all communications with those trades and suppliers and the work they perform and the materials they supply.
4.2.2 MEL may recommend trades and suppliers it considers suitable, and the Client will be responsible for their engagement:
(a) MEL will not be responsible for, and provides no warranty as to, the works carried out or materials supplied, nor the capacity (financial or otherwise) of such trades and suppliers.
4.2.3 MEL may, if requested, engage the relevant consultant, contractor or supplier as agent for and on behalf of the Client and will not be responsible for such services, works or materials.
4.3 Whenever MEL agrees to source materials, it is under no obligation to reveal its sources or supply partners.
5 The Client:
5.1 Must actively cooperate and consult with MEL during all stages of the process;
5.2 Must progressively review any design documents produced, and in particular any working drawings:
5.3 Must immediately notify MEL if what they understood they were getting or what they understood was represented, is not shown on those design documents:
5.4 Acknowledges that the trades and suppliers will carry out works and supply materials in accordance with the designs provided to them and if any Client requirement is not shown on the designs provided, that requirement will not be met.
MEL acting as principal
6 Where MEL provides services or materials as Principal:
6.1 Any materials supplied will (unless otherwise specified) be new, of first quality and fit for the purpose required;
6.2 Any services will be provided skilfully and diligently;
MEL acting as agent
7 Where MEL provides services or materials as an Agent:
7.1 It will engage the relevant consultant, contractor or supplier as agent for and on behalf of the Client for the fee described in this Purchase Order or as otherwise agreed.
7.2 The consultant, contractor or supplier (and not MEL) will be responsible for ensuring that:
7.2.1 Any materials supplied will (unless otherwise specified) be new, of first quality and fit for the purpose required;
7.2.2 Any services will be provided skilfully and diligently.
7.3 MEL may take a commission out of the fee and/or the consultant, contractor or supplier may provide MEL with a commission.
Variation to the Scope of Works
8 The Scope of Works is a “work in progress” document and it is standard protocol for this document to be varied during the course of the project. If the Client has any issues or concerns during the consultation process or at any other stage, it must immediately raise them with an MEL team member.
9 The Client may request a variation to the Scope of Works and MEL may, in its complete discretion, agree to the variation.
10 MEL will be entitled to a reasonable fee for any variation. Unless otherwise agreed, such fee will be payable upon the work the subject of the variation being carried out.
Payment
11 The Client must progressively pay:
11.1 The consultation fee;
11.2 The fee for the consultation services;
11.3 The fee agreed for the Scope of Works.
12 MEL may at any time request a deposit or progress payment for any part of the services provided and for any consultant, contractor or supplier engaged. If the Client fails to pay such deposit or progress payment, MEL may suspend the provision of its services.
13 If the provision of the Services is protracted for any reason not caused by MEL, MEL will be entitled to an additional fee to reflect the additional time and cost incurred by it.
Intellectual Property and Documents
14 The Client:
14.1 warrants that all documents (including sketches) it provides MEL will be accurate and will not infringe any intellectual property rights; and
14.2 must indemnify MEL for any loss MEL may suffer as a result of any such inaccuracy or infringement.
15 All intellectual property (including copyright) in the documents created by MEL (Design Documents) will vest in MEL and:
15.1 subject to all payments being made, MEL grants the Client a licence to use the Design Documents for the work the subject of this Purchase Order;
15.2 should the client wish to use the Design Documents for other purposes (be it business, marketing or for another site), MEL may in its complete discretion refuse to grant a licence for such use, or may charge a reasonable licence fee.
16 If the Client infringes the intellectual property rights of any third person engaged on the project (including any architect or other design consultant), the Client must indemnify MEL for any third party’s claim against MEL and for any costs incurred in defending such claim.
Insurance
17 The Client is responsible for all insurances on the project and in that regard:
17.1 Must indemnify MEL for any damage to property or personal injury associated with any works carried out for the project;
17.2 Must either take out new insurance or take appropriate steps to ensure any such risks are covered by any existing insurances.
Limited Liability
18 To the maximum extent permitted by law and save as would otherwise be covered by the insurances taken out by the Client, MEL’s liability to the Client will be limited to:
18.1 100% of the fee payable under this Purchase Order; and
18.2 MEL will not be liable for consequential loss.
Media
19 Unless the Client provides written request not to do so, MEL may use the project for marketing purposes, including by posting images of the project on MEL social media channels.
20 MEL has a positive and welcoming social media presence and welcomes genuine feedback from its clients. The Client warrants that it will not make any post that is malicious or that defames any team member of MEL.
Termination
21 Either party may terminate this agreement upon giving 30 days’ notice in writing, without being required to give any reason. In that even the Client must pay:
21.1 the outstanding balance of any invoice issued; and
21.2 MEL for all services reasonable undertaken and all reimbursable expenses.