Terms and Conditions
CONDITIONS OF ENGAGEMENT
1. Definition and Interpretation
1.1 In our Conditions of Engagement the following meanings will apply;
‘The Company’ is Architectural Jones Projects. ‘Contract’ is any contract formed between the Client and the Company for the supply of services.
‘Client’ is the person, form or company with whom the Company makes the contract, and with which expression shall include any principal on whose behalf the Client orders services.
‘Services’ are the services which are to be supplied by the Company in accordance with the Contract.
1.2 References to conditions are, unless otherwise started, to conditions in these Conditions of Engagement.
1.3 The headings are applied for accessibility only and have no legal consequence.
2. Basis of Sale
2.1 All contracts shall be conducted upon the basis of these Conditions of Engagement together with any special conditions issued by the Company to the Client, at any time prior to or with the Company’s acceptance of the Client’s instruction.
2.2 No terms or conditions submitted by the Client to the Company, irrespective of their date, shall prevail over these Conditions.
2.3 The company will not be liable for more than the fee charged per job at anytime or per dwelling based on development sites.
2.4 All instructions shall be deemed to be an offer by the Client to purchase the services in accordance with these Conditions of Engagement and acceptance of those instructions by the Company shall be deemed conclusive evidence of the Client’s acceptance of these Conditions of Engagement.
3. Quotations and Acceptance of Instructions
3.1 Quotations are not offers and may be withdrawn or varied at any time prior to acceptance by the Company or the Client.
3.2 All instructions for the services shall be given by the Client to the Company in writing, by email.
3.3 It is for the Client, on advice, to appoint other consultants, specialist contractors or subcontractors and suppliers, and ensure they are indemnified. The Company is not responsible for the quality of the work of these consultants, specialist contractors or sub-contractors and suppliers.
3.4 Our quotations remain open for acceptance for three months from the date of the quotation.
4. Responsibilities
4.1 The Client shall be responsible to the Company for ensuring the accuracy of the terms of any instructi December 2016
4.2 The Company shall not be responsible for the performance of a building contractor, or for the failure of a building contractor, to complete the building wok in accordance with the contract entered unto between the Client and building contractor.
4.3 No guarantee will be given by the Company that the works will receive the necessary statutory approvals.
4.4 The principle contractor(s) are responsible for the measurements on site and any failure to inform the designer or client, or any deviation from the original drawings will not be taken liability for by the Company.
4.5 The Company will make all reasonable endeavours to meet Client’s timeframes but the Company will not be held financially liable should timeframes not be met.
4.6 In respect of planning permission applications, the Company cannot guarantee that planning permission will be granted, as the final decision rests with the local planning authority, and the advice given is our professional opinion. In cases where permission is refused, we would be happy to give recommendations as to how to proceed, but this will be subject to further fees (as outlined in Section 5.5).
5. Payment
5.1 Fees and expenses shall be paid by the Client on submission of an invoice. Such invoices will include appropriate expenses or disbursements incurred by the Company.
5.2 Invoices shall be paid in full by seven days of the invoice date and if not, the Client shall also pay the Company interest at 8% over the current base rate. The Company reserves the right to charge reminders at £75.00 per letter. The Company also reserve the right to pass the Client’s details to a debt recovery agency. Any costs including disbursements, legal costs etc will be passed onto the Client.
5.3 External costs to be incurred on your behalf, such as planning application or other statutory fees, council’s costs, Ordinance Survey copyright plan fees, Party Wall award fees, Heritage Search fees, are payable in advance.
5.4 Additional fees will be charged at an agreed rate, on a time basis where extra work and/or expense us caused by reasons beyond the control of the Client. These rates to be agreed at the outset in writing.
5.5 VAT will be applied to qualifying services and items at the standard rate on invoices rendered.
5.6 Where applicable, the Company’s quotations include the digital supply to the Client of drawings. Paper copies can be provided for an additional charge.
6. Provision of Services
If the Company is liable to the Client because he/she has failed to provide the services for any reason (other than any cause beyond the Company’s reasonable control or the Client’s fault), and the Company is accordingly liable to the Client, the Company’s liability shall be strictly limited to the excess (if any) of the costs to the Client (in the cheapest available market) of similar services to replace those not provided over the price of the services. No claims for other and/or consequential loss or damage shall be allowed in connection with any such non-provision.
7. Structural Engineering
The Proposed fee is based on drawings and information received to date. Should any significant changes occur prior to start of design work the fee may need to be reviewed accordingly. Normal December 2016 ground conditions assumed- should special foundations be required the proposal fee would have to be reviewed accordingly. Regular site visits/inspections are not included within our fee proposal.
8. Copyright
The copyright in all drawings, specifications and documents prepared by the Company, and in the work executed from them, shall remain the property of the Company unless otherwise agreed. The CAD file will remain the property of the Company and will not be distributed to any party under any circumstances.
9. Termination and Postponement.
An agreement between the Company and the Client may be postponed or terminated by either party on 14 days’ written notice or as agreed only in the event of specific circumstances, i.e. material breach or failure to comply with obligations under the agreement which are not remedied within a particular period and insolvency, bankruptcy etc. of either party. In the event of such circumstances the Company shall be entitled to remuneration in accordance with the agreement, for the services provided with due authority to the date of determination.
10. Social media and other platforms.
The Company will have the right to use all images and photographs relating to the Client’s designs to promote work on social media and other platforms. Prior to work commencing if the Client does not wish for this to be used in such a way they are to let the Company know.
