3.6 We reserve the right to charge an overdue payment fee together with interest on overdue accounts/invoices that remain unpaid 30 days after date of issue of our original invoice,
such interest to be calculated daily on the amount outstanding at the rate of 8 percent or the published base rate interest published by the Bank of England. For the avoidance of
doubt, an invoice will become overdue by 31st day after issue of our invoice. Therefore, on the 31st day, any outstanding invoice or part thereof shall incur an overdue payment fee of
£20, should this continue, the overdue penalty fee shall increase to £40 on the first day at the start of the next 30th day overdue period and so on until payment of invoice is cleared.
To be clear and as an example: an invoice not paid by 31st day after issue shall be liable to £20 overdue penalty fee, together with interest at 8%, giving an overdue fee of £21.60,
this will be then added to the invoice to give a new balance outstanding. We shall then issue a new invoice and that invoice will be due for immediate payment or the overdue
payment cycle shall be applied and shall continue until all outstanding sums due are paid in full.
Should any invoice remain outstanding and we have sought payment and applied at least one overdue payment fee, we shall then have the right to commence a claim against you at
court for payment of outstanding sums due. You shall be responsible for all our costs, for lodging application, solicitor fees and our fees together with interest at the rate allowable
under the claims process at court, We upon successful judgement being granted to us, may at our discretion, transfer for enforcement purposes any judgement granted in our favour
to the High Court for enforcement by High Court sheriff officers, you further agree that all such costs shall be borne by solely by you.
3.7 Where the Services are being provided in stages and/or over a period of more than 30 days, we can invoice you upon completion of each stage of the work, at monthly intervals
or upon demand at any time by us.
3.8 We reserve the right, even after you have accepted our quotation not to work on your order if we consider (using our absolute discretion) that your creditworthiness is not
satisfactory.
3.9 If by mistake or any other error, we have under-priced an order we will not be liable to supply the service or undertake the service to you at the stated price, provided that we
notify you before we dispatch our letter agreeing to undertake service to you or start of us providing the service to you.
In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order our services at that price.
Delivery
4.1 The dates for delivery of the plans or other documents or the dates for carrying out the Services are approximate only, and unless otherwise expressly agreed by us, time is not of
the essence for delivery or performance and no delay shall entitle you to reject any delivery or performance or to repudiate the Contract.
4.2 We will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform if the duration of the delay is not
substantial or if the delay or failure is due to late delivery or performance or non-delivery or non-performance by suppliers or sub-contractors, shortage of labour, act of God, fire,
flood, inclement or exceptional weather conditions, industrial action, hostilities, governmental order or intervention (whether or not having the force of law) or any other cause
whatever beyond our control or of an unexpected or exceptional nature.
4.3 Posting or delivery to a carrier (including post, facsimile, e-mail) for the purpose of transmission to you shall, for the purposes of the Contract, constitute delivery to you. Risk in
the plans or other documents or services provided by us, shall pass to you upon their delivery to you.
4.4 The Services shall be carried out using reasonable skill and care in accordance with the standards of the industry, ordinarily exercised by members of their respective professions
practicing in the same locality under similar conditions.
4.5 We shall use all reasonable skill and care in selecting other professionals used to produce the plans and associated documents in order to perform our Services to you.
4.6 No terms, conditions or warranties, no warranty or guarantee is included or intended in this contract, any report, opinion, and document or otherwise whether express or implied,
about the quality or fitness for purpose of the Services shall be incorporated unless expressly set out in this Contract.
4.7 We shall incur no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of us prior to the signing of this Contract, whether
orally or in writing, and you shall not be entitled to rescind this Contract on the grounds of any such misrepresentation.
4.8 We do not warrant that the plans or any documents or services despite meeting specific requirements will guarantee a favourable outcome or permissions granted to you by any
planning or other authority for which we have drawn up plans or documents for you.
4.9 You acknowledge that any email, plan or document submitted by and to you over the internet or via any other form of electronic transmission cannot be guaranteed to be free
from the risk of interception or corruption even if transmitted in encrypted form and that we have no liability for the loss, corruption or interception of any plans, documents or service.
4.10 Save in respect of death or personal injury resulting from our negligence our total aggregate liability in contract, tort (including negligence or breach of statutory duty),
misrepresentation, or otherwise arising in connection with the performance or contemplated performance of these terms and conditions shall be limited to the price paid by you under
this contract to which any claim relates during the twelve month preceding the date on which the claim arose.
4.11 You must notify us in writing within 15 days (time being of the essence) of delivery of the plans, documents or services of any claim arising out of the provision of the services
and /or the plans or documents (‘claim’), together with full details of any claim. If you fail to notify us of any claim within the period of 15 days we shall not under any circumstance be
liable to you.
5. Where
5.1 you require us to provide plans, documents or services to you with expedition and/or
5.2 we propose that you utilise a number of our services for the fulfilment of your requirements and you do not accept all of them then there may be a risk that the quality of the
services are not of the high standard that we provide in the normal course of our business. In either circumstance we disclaim any responsibility for the plans, documents or services
and you accept that;
a) the plans, documents or services may not be carried out by us using the same level of skill and care as we would use in providing the services in the normal course of our
business;
b) there may be errors or omissions in the performance of the plans, documents or services provided to you, which shall not entitle you either to cancel the contract or decline to
make any payment to us in respect of the provision of the services; and
c) you indemnify us in relation to any claim made or loss suffered as a consequence of any such error or omission.
6. Your Responsibility and Liability
6.1 You warrant, represent and undertake all health and safety regulations are adhered to. The Health and Safety Executive (HSE) has produced the CDM L series to offer further
guidance this is downloadable from the HSE website at: www.hse.gov.uk The CDM Regulations define three mains roles for managing the health and safety of a project.
6.2 Unless otherwise agreed by us, you (which for the purposes of this clause includes any of your associated companies, their or your employees, directors, principals or
shareholders) shall not, either directly or indirectly, on your own account or for any other person, firm or company, solicit, employ, endeavour to entice away from us or use the
services of any architect or employee of our firm, any sub-contractor, builder or tradesman or similar who will or has provided the services and/or building works or other services to
you on our behalf under this contract or in the case that you have decided not to proceed with our services but have our knowledge of such other persons or firms such as builders,
tradesmen etc. You agree not to use such for a period of 15 years, since last contact was made by us to you. In the event of your breach under this clause, you agree to pay us an
amount equal to the aggregate remuneration or fee paid by us or you to such employee or sub-contractor for the year immediately prior to the last date on which you employed or
used our services. You expressly agree not to infringe the Intellectual Property Rights of any third parties.
6.3 You agree, upon demand, to indemnify us (which for the purposes of this clause includes our employees, agents and sub-contractors), and keep us indemnified, from all losses,
damages, injury, costs and expenses of whatever nature suffered by us to the extent that the same are caused by or related to:
6.3.1 The use or possession by us of any of the plans, documents, material or services provided by you in relation to the provision of our services, including the breach of any
Intellectual Property Rights of any third party in or to any such materials provided to us.
6.3.2 The processing by us of any data (where ‘processing’ and ‘data’ have the meaning given in section 1(1) of the Data Protection Act 1998) in the provision of the Services as
anticipated by clause 9 below.
6.3.3 Any breach of warranty given by you in this clause 6.