Terms of Service

Welcome to the website of Lo Technical Consulting (Pty) Ltd (operating as LoTechCon). The following Terms of Service outline the general conditions that apply to all direct engineering services, 3D CAD designs, Finite Element Analysis (FEA), code calculations, and consulting reviews provided by us to our clients.

1. Engagement and Scope of Work

We provide mechanical engineering consulting and design services based on formally approved quotations. Each project is defined by a specific scope of work, work breakdown structure (WBS), and list of exclusions outlined in the respective quotation document. The Client is required to provide all necessary design calculations, drawings, load descriptions, and relevant specifications required to perform the services.

2. Payment Terms

Our payment terms are agreed upon during the project quotation phase, standardizing as follows:

• Deposit: A deposit must be paid and cleared before any engineering work can commence. The 30-day payment period does not apply to deposit invoices. The deposit amount will depend on the project scope and is formally agreed upon during the quotation phase. All paid deposits are strictly non-refundable.
• Final Payment (Balance Due): Standard terms require the final balance to be paid upon project completion or within 30 days from the final invoice date. However, this payment period is subject to change based on the specific payment terms negotiated and finalized during the quotation phase.
• Interest on Late Payment: Outstanding amounts will automatically accrue interest at a rate of 2.0% per month or part thereof, calculated from the invoice due date until fully settled.
• Taxes: All listed prices are exclusive of Value Added Tax (VAT) unless explicitly stated otherwise.

3. Deliverable Ownership and Intellectual Property

LoTechnical Consulting retains all rights, title, and interest in its pre-existing proprietary methods, engineering macros, software scripts, calculation templates, and standardized base models (Background IP). Upon full and cleared payment of all outstanding invoices, full ownership and intellectual property rights of the specific engineering deliverables, custom 2D drawings, 3D CAD files, and technical calculation reports generated explicitly for the project (Foreground IP) will automatically transfer to the Client. The Client is granted a non-exclusive, perpetual, royalty-free license to utilize any embedded Background IP solely within the context of operating and using those specific project deliverables.

4. Client Delays, Rework, and Standing Time

To ensure fair project scheduling and compensation for engineering resources, the following parameters apply:

• Rework Fees: If the Client requests changes to geometry, load conditions, or project parameters after work has started, the resulting rework will extend the project duration. The associated costs, including additional man-hours, will be billed to and borne by the Client.
• Standing Time: Any information requested from the Client must be submitted promptly. Standing time will be charged to the Client if the waiting period for critical information exceeds three (3) working days. Standing time is billed at the standard engineering rates used in preparing the quotation.
• Project Suspension: If the Client fails to provide requested information, we reserve the right to deprioritize and delay the project to proceed with other tasks.

5. Exclusions and Travel Expenses

Our project prices exclude travel time, flights, accommodation, and mileage unless specifically itemized in the WBS. Where travel is necessary, travel time is billed at R960.00 per hour, and mileage is charged at the standard AA rates. Flight tickets, accommodation, and related expenses will be billed at actual cost plus a 5% administration fee.

6. Limitation of Liability and Corrective Services

We deliver professional engineering services to acceptable industrial standards using qualified personnel. In the event of errors or omissions, our liability is restricted as follows:

• Remedy: LoTechCon’s liability from all sources shall be strictly limited to the provision of free corrective services solely for the specific deliverables provided under the contract. This remedy applies exclusively to errors and omissions attributable to LoTechCon.
• Liability Cap: Our total liability, whether contractual or legal, for loss of profit, loss of business, increased operational costs, or any consequential losses or damages, shall be capped at the total contract value of the specific service agreement.

6.3 Design Input Accuracy: LoTechCon performs engineering verification, design reviews, and Finite Element Analysis (FEA) based strictly on baseline dimensions, structural weights, operating environments, and load specifications provided by the Client. The Client explicitly warrants the accuracy, completeness, and validity of all engineering inputs and technical documentation supplied. LoTechCon accepts no liability whatsoever for operational structural failures or non-compliance arising directly or indirectly from erroneous, inaccurate, or incomplete information provided by the Client.

7. Confidentiality

Both the Client and LoTechCon agree to maintain strict confidentiality regarding all layouts, blueprints, proprietary structures, calculations, and business information exchanged during the course of the projects.

8. Quotation Validity

All quotations issued by LoTechCon are valid for thirty (30) days from the date of issue, after which they are subject to review or adjustment.