Terms and Conditions
- Terms & Conditions of Appointment
1.1 The agreement means these Terms of Appointment and the letter to which these Terms of Appointment are appended together with any document referred to in the said letter.
1.2 The Client means the addressee of the letter to which these Terms of Appointment are appended.
1.3 ACE means the company of Anderson Engineering (UK) Limited – Registration number: 08015610 trading as Anderson Consulting Engineers.
1.4. ACE shall provide the services with reasonable skill, care and attention.
1.5 If there is a conflict between these Terms of Appointment and the letter to which they are appended or any documents referred to therein, the letter or the documents referred to therein shall prevail over these Terms of Appointment.
1.6 Notwithstanding any other provision of the Agreement, nothing in the Agreement confers or purports to confer any right to enforce its terms under the Contracts (Rights of third Parties) Act 1999 on any person who is not a party to it.
1.7 The information that we produce is based upon information obtained from site or provided to us. Assumptions regarding the existing structure will need to be made if not available and these need to be confirmed by the client or his contractor when the works start on site. Any discrepancies between what has been assumed and the situation on site should be notified to Anderson CE before progressing with the structural works
- Variations to Services
2.1 Where variations to the services arise the value of such extra work may be expressed in terms of time to be spent, which will be priced according to the rates shown on the standard general conditions schedule in Clause 3 of this Agreement. All requests for extra services, alterations, or variations to the original brief should be instructed in writing.
2.2 Any work instructed by the Client either in writing or verbally will be deemed to have sanctioned additional fees unless expressly excluded in writing by the Client.
2.3 Additional project liaison/site meetings at the specific request of the Client
(or client representative approved by the Client to act on their behalf) shall be charged at time charge rates.
2.4 In the event that the project is withdrawn after ACE has been instructed to proceed with any of the above elements, were serve the right to be paid for any completed design. If any design is not complete at the time of withdrawal, ACE reserves the right to charge a fee based on the number of hours spent on that element at the rates set out in 3.1.2.
2.5 All fees and expenses are subject to VAT at the rate then current.
- Standard General Conditions Schedule‐
Fees for work charged on a on an agreed fixed fee where provided, otherwise on a time basis.
3.1 Where fees are charged on a time basis:
3.1.1 The time of Directors will be charged at a rate of £120.00 per hour.
3.1.2 The time of Technical and supporting staff will be charged at an hourly rate as follows;
I. Draughtsman ‐ £60.00 per hour.
II. Technicians/Graduates ‐ £70.00 per hour.
III. Engineers/Associates‐ £100.00 per hour.
3.1.3. No charge will be made in respect of time spent by secretarial staff or by staff engaged in general accountancy or administration.
3.1.4 The fee will be the time reasonably spent in carrying out the work, including the time of travelling, multiplied by the relevant hourly rate.
- Fees for work charged on a Percent basis
4.1 Where fees are charged on a percentage of the construction cost basis, the Construction cost shall be the total cost including all overheads and profit if agreed and VAT(but excluding professional fees, Fixtures, Fittings & Equipment (FFE).
4.2 The final fees shall be adjusted to accord with any increase to the construction cost.
5.1 Where applicable out of pocket expenses properly incurred for any of the following will be charged:
1. Necessary investigations or testing of materials.
2. Travelling, hotel and other similar expenses.
3. Printing, reproduction and purchase of all documents, drawings, maps and records
4. Necessary equipment and specialist services.
6 Conditions of Payment
6.1 The Client shall pay ACE for the performance of the services, the fees and charges in such instalments as are set out in the letter to which these Terms of Appointment are appended.
Where no such instalments are set out, fees will be due generally when work is complete but prior to issue. Where payment is due as work proceeds, a schedule of fee payments will be agreed before the contract commences.
6.2 All sums due from the Client shall be paid within 10 days of the date of the invoice submitted to the Client from ACE in accordance with the agreed scale of charges to the client.
6.3 On receipt of invoice, the Client must raise any queries in writing within 5 days otherwise the invoice is deemed to have been accepted.
6.4 The Client will pay to ACE, if applicable, interest under the Late Payment of Commercial Debts(Interest) Act 1998 on all unpaid invoices or at ACE’s sole discretion, compound interest at the rate of 8% above the Bank of England Base Rate on all invoices which remain unpaid by the Client after 10 days, together with the full amount of administrative, legal and other costs incurred in obtaining settlement of unpaid invoices.
7 Professional Indemnity Insurance
7.1 ACE is required to comply with the regulations of certain professional bodies in respect of the maintenance of professional indemnity insurance above those bodies limits, provided that it is available at commercially reasonable rates, as defined for a period of 6 years from the date of practical completion under the building contractor the end of the Agreement, whichever is the later.
7.2 ACE shall on the written request of the Client provide evidence that the insurance is properly maintained.
8.1 Except in the respect of death or personal injury due to negligence for which no limit applies, the entire liability of ACE to the customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to fifty times the fees paid to ACE in respect of services to which the claim relates.
9.1 Copyright in all intellectual property documents and drawings prepared by ACE and in any works executed from those documents and drawings shall, unless otherwise agreed, remain with ACE.
9.2 ACE shall not be liable for any use of the documents for any purpose other than that for which they were prepared and provided by ACE.
10.1 Neither the Client or ACE may assign this agreement without the others written consent.
11 Third Parties
11.1 For the avoidance of doubt, nothing in this agreement is intended to confer on any third party any benefit or the right to enforce any term of this agreement pursuant to the Contract (Rights of Third Parties) Act 1999.