Standard Conditions of Appointment
STANDARD CONDITIONS OF APPOINTMENT
1. Definitions The Company: means Derek LOFTY & Associates (D&A Consultants Ltd). The Client: means the person or organisation that orders the work and to whom the work is usually invoiced. Work or Works: means the services to be provided by the Company.
2. Quotations & Fee Proposals
a. Quotations and fee proposals are open for acceptance for a period of 90 days from the date of the quotation or fee proposal.
b. Any lump sum quotations are based on undertaking the design once only. All and any changes or revisions, by others, that may result in amendments to our design will be charged on an additional time recorded basis at the relevant rate or fee agreed in advance. Additional works, alterations and variations shall normally be agreed in writing between the Company and the Client prior to the Company proceeding with the additional works. Where this is not practicable the additional work shall be recorded by the Company and the method of reimbursement agreed between the Company and the Client as practicable after the additional work has commenced.
c. Derek LOFTY & Associates is responsible for the design of the structural work as detailed with in the quotation provided. However, all steelwork fabrication details must be submitted to us for approval prior to manufacture. In the event that we are requested to provide any such sub-assembly details, then this too will be charged on a time recorded basis at the relevant rate.
d. Whilst Derek LOFTY & Associates are responsible for the structural issues, unless agreed in writing otherwise, we assume that the architect will be dealing with all other aspects of the Building Regulations, including fire precautions, acoustic performance, incoming services, drainage, ventilation, plumbing, electrical, central heating and heat losses, etc.
e. Rate and prices included in quotations and fee proposals are subject to Value Added Tax at the prevailing rate.
f. Disbursements (Local Authority Fees, Ordnance Survey Extracts etc. ) will be an additional cost and where possible listed in the quotation or fee proposal.
g. The Client must accept quotations and fee proposals before the services outlined in the quotation or fee proposal can proceed by the Company. Under The Consumer Contract Regulations 2013, all Clients now have the right to cancel the works requested from the Company, without giving reason, within 14 Days of instructing the work. Should the Client wish us commence works within the 14 day period they waive their right to the 14 day cancellation period. In the event that the Client does not forward written confirmation but asks us to proceed as per our quotation and fee proposal, there will be deemed acceptance of the Conditions of Appointment.
h. Our terms and conditions of business exclude the Contracts (Right of Third Parties) Act 1999.
i. Unless by prior agreement in writing, new clients will be asked to pay 50% of the agreed fee in advance of works commencing.
j. Full payment must be received before work is released.
3. Time for Completion Whilst every effort will be made to commence and complete the works in accordance with the agreed programme, the Company accepts no responsibility for delays occurring beyond the control of the company.
4. Invoicing and Payment Payment is due immediately upon presentation of the invoice. After seven days we reserve the right for interest to be levied in accordance with the terms of the Late Payment of Commercial Debt (Interest) Act 1998. Interest of 3% per month will be charged on all overdue amounts as well as all legal expenses and recovery charges incurred.
5. Intellectual Property The Company’s work including reports, designs, drawings and other services is licensed to the Client for the purpose of the Client’s current instructions. All other copyright and moral right is reserved and asserted.
6. Archiving The Company will store the original report, designs, drawings and other documentation prepared for the client in the Company’s archive at no additional cost for a period of twelve months. Within the twelve month period a small admin fee will be payable to access the archives. After the twelve month period an electronic copy of the reports, designs and drawings will be held for twelve years.
a. In the event that the Client has a concern or complaint about the Company’s services then the Client should approach the Project Engineer assigned to the Client’s project as soon as practicable after the concern or complaint has arisen. If the Client remains dissatisfied then the Client should raise the matter with Adrian Lofty, Director in charge of complaints at The Lodge Studio, Copthorne Road, Croxley Green, Herts, WD3 4AQ.
b. Should the Client continue to be dissatisfied the matter shall be first referred to a Mediator to be agreed between the Company and the Client or in default of such agreement to be referred to Adjudication or Arbitration under the terms set out in the appropriate Agreement in The Association of Consulting Engineers Conditions of Engagement.
8. Statutory Rights These terms and conditions do not affect the Client’s statutory rights.