Standard Terms and Conditions of Engagement with Adkins Consultants Ltd.
1. The following “Conditions of Engagement and Contract” shall apply to all of the “Works” carried out by the Company on behalf of the Client. They shall constitute the sole contract between Adkins Consultants Ltd and the Client until such time as they are replaced by a written, agreed, signed and subsequent “Contract of Engagement”.
2. The “Works” shall mean the Scope of Services, Duties and Activities provided by the Company to the Client and, as defined, within the attached covering letter.
3. The Company shall mean the ADKINS CONSULTANTS LTD whose title appears on the attached covering letter.
4. The Client is the person, company, authority or other body who instructs the Company to carry out the work. The Contract is between the Client and the Company.
5. The Client shall mean the addressee detailed on the attached covering letter.
6. The Client confirms that it is entering into this Agreement wholly on its own behalf and not on behalf of or for the benefit of any other party and agrees that in the event of any claim for breach of contract arising out of or in connection with this Agreement it shall be entitled to recover from the Company only the losses, if any, it has itself suffered.
7. The Appointment will be in accordance with the current edition of the Conditions of Engagement of the professional institution detailed on the attached letter. It shall include all latest revisions and amendments, save for fees and services, which are detailed on the attached letter. A copy of this document is available for inspection by arrangement at the Company’s office as designated upon the attached covering letter.
8. The scope, nature and requirement of the Company’s works shall be strictly limited to that detailed upon the attached covering letter. All works not included within the foregoing shall be regarded as additional and the Company reserves the right to charge for these additional works. Charges shall be recoverable on a time charge basis levied at the Company’s non-discounted “hourly charge out rates by staff grade”.
9. The current schedule of “hourly charge out rates” is available from the Company and can be supplied upon request.
10. Recoverable fees shall be as detailed within the attached letter. All monies due to the Company are to be paid in £UK sterling, unless specifically declared otherwise.
11. The scale of hourly charge out rates will be amended annually, but the Company reserves the right to amend these at an interim date should exceptional circumstances so require.
12. In addition to the fee, invoices will include reimbursable costs and expenses associated with the work for travel, accommodation, subsistence, printing, computing and any other reasonable expenses.
13. Invoices will be rendered monthly unless otherwise agreed by the Company.
14. Where third party services are contracted for by the Company in order to complete the work for the Client, the Company reserves the right to render interim invoices to recharge the cost and management of third party services to the Client.
15. VAT will be applied at the prevailing standard rate on all invoices rendered.
16. Payment is due on date of invoice and accounts must be settled in full within fourteen days of the date of invoice.
Estimating and Tendering Specific Conditions.
1. Using the drawings/plans and specifications you have provided we (Adkins Consultants Limited) provide an estimating service and produce an estimate of the expected costs involved in completing the work.
2. You have the option to select the level of the services provided by us in the fee proposal; samples of what can be expected from can be provided
3. We aim to complete the estimate within reasonable time following receipt of the drawings/plans and specifications. The completed estimate will be returned to you in PDF format via the email address you have supplied at completion of order.
4. We can customise and amend items to your specific requirements such as labour rates and profit margins, once you have reviewed our document. We can also price work using your specific rates but will need to be informed of these prior to proceeding with the work.
5. Should your drawings/plans not include any dimensions, we will have no choice but to scale from the drawings/plans in order to gauge those dimensions. We cannot be held responsible for any inaccuracies in scale errors on the drawings that you provide.
6. Purchase, Price and Payment
7. We agree to provide our services to you once you have paid in full for the requested service(s) and have provided a full set of drawings/plans.
8. Prices are not inclusive of VAT.
9. We will start work as soon as instructed and the drawings/plans have been received and we therefore reserve the right to charge the full order price should you cancel your order.
10. An invoice will be emailed to you via the email address supplied at completion of order.
11. Estimates are produced based on the information provided at the time of order. Changes can be made after the estimate has been completed. The rate for changes is £50.00 per hour (minimum 1 hour rate charge applies). You will need to send us details of the changes that are required and the fee will be payable after the changes on the estimate being made. Once the changes are complete you will receive the amended estimate file or report(s) as per your original order.
12. All estimates produced by Adkins Consultants Limited are estimates and are not intended to be fixed quotations. We cannot guarantee or accept responsibility for any variations in the actual build cost.
13. You acknowledge that any estimate of quantities needed, advice as to the suitability of any goods for any particular purpose and any plan or measurement given by us is given for guidance only and without liability.
14. Any typing error or clerical omission in any sales literature, website content, price list, estimate or any other document issued by Adkins Consultants Limited may be corrected without any liability.
15. Any information or data provided by you will not, under any circumstance, be shared with any other party apart from Suppliers and Subcontractors as deemed necessary
16. We are entitled to cancel the contract or reduce the volume of service provided if we are forced to do so by circumstances out of our control such as industrial action, war, fire, natural disasters and so on; we will not be liable for any loss or damage incurred from this.
17. We accept no liability for any item lost in the post. Any drawings/plans posted to us using Royal Mail should be full size copies of the originals.
18. We may terminate the contract should you become bankrupt or insolvent; notice will be given by us in this event.
19. We may make improvements and changes deemed necessary to the service from time to time without giving you notice.
20. We exclude ourselves and our associates of any liability for loss or profit, business, information/data or any other financial loss or any incidental, indirect, special or punitive damages of any kind.
Project Management Specific Conditions
21. The following Conditions apply to ALL services carried out by Adkins Consultants Limited. (“Adkins”).
22. The Commissioner is the person, company, entity or body that appears on the Acceptance of Instruction letter (AOI) or, where such is not issued, in the quotation (“Quotation”), (“Commissioner”).
23. Where issued the AOI comprises the basis on which the Commissionaire wishes Adkins to provide the works (“Services”) set out therein and supersedes all information in any Quotation.
24. No contract shall be formed other than by Adkins accepting the Commissionaire’s signed AOI (which shall constitute an offer from the Commissionaire to Evans Jones), or Adkins otherwise agreeing, in writing, to provide the Services (in which case, where no AOI has been issued, the Quotation shall become binding), whereupon a contract (“Contact”) shall be formed and the Services shall commence immediately.
25. These terms and conditions form part of the Contract formed further to clause 4.
27. The AOI and/or the Quotation (as applicable) includes the fee structure, rate to be paid and the Services to be provided by Adkins to the Commissioner which may be calculated on a fixed fee or a time charge basis and shall, subject to these terms and conditions, be binding upon the parties.
28. Adkins may recommend specialists and other consultants (together “Third Parties”) as required. Where possible, Adkins shall recommend Third Parties that Adkins has worked with previously. Unless agreed in writing, shall not contract directly with those Third Parties and the Commissionaire shall be responsible for all fees incurred by such Third Parties.
29. Invoices will be raised on a monthly basis following the commencement of the Services. Payment will be due on the date of the invoice and must be paid in full within 14 days of the date of the invoice.
30. If the Commissioner fails to make payment in accordance with condition 8 above, Adkins may charge interest at Barclays Bank base rate plus 3% on any outstanding amounts and/or may at our discretion suspend performing the Services until payment is made.
31. Notwithstanding what may be contained in an AOI and/or Quotation Adkins do not accept instructions on a “no job no fee” or “speculative” basis unless agreed in writing prior to commencement of any Services.
32. Where services additional to those Services detailed in the AOI or Quotation (as applicable) are required, such services shall be carried out on a time expended basis or such alternative arrangements as agreed in writing prior to the commencement of such services.
33. Adkins’ rates are reviewed annually with effect from 1 January each year. If a review is carried out before the Services have been concluded, Adkins will inform the Commissionaire of any variation in the rate before it takes effect.
34. Adkins holds all personal data in accordance with the Data Protection Act 1998.
35. The copyright, design rights and all other intellectual property rights in all documents, products or materials developed by Adkins, its employees (or employee’s of any group, member or partner company of Adkins) and sub-contractors in relation to the Services in any form (including electronic) and all documents, products or materials which existed prior to the Contract shall belong to and/or shall vest in Adkins.
36. All documents, drawings files, and other information produced during the provision of the Services shall be the property of Adkins and Adkins shall provide a royalty free license for use of such documents, drawings files, and information by necessary third parties during its provision of the Services only.
38. Adkins complies with the Chartered Institute of Building complaints procedure, a copy of which is available on request.
39. Adkins shall perform all Services with reasonable skill and care.
40. Adkins shall only be liable for any loss or damage suffered by the Commissioner which is a direct reasonably foreseeable consequence of its negligence or a breach by it of this Contract. In the event that any loss or damage suffered by the Commissioner relates to its business activities then Adkins excludes all liability for any business or other indirect loss and in particular excludes all liability for loss of profits or other economic loss arising out of a breach of this Contract or negligence by Adkins.
41. Adkins liability to compensate the Commissioner for any loss or damage (other than death or personal injury) is limited to the sum of £5,000,000.
42. The Commissioner agrees to indemnify Adkins against any and all loss or damage suffered, including any legal fees or costs, as a result of any negligence or breach of this Contract by the Commissioner.
43. Evans Jones will assume that all information (including measurements) provided by the Commissioner are accurate and true. Adkins shall not accept any liability for any loss, damage, delay or expense caused where Adkins reasonably perform the Services in reliance of these.
44. Where it is agreed that Adkins shall liaise with and/or supervise Third Parties, Adkins shall have no liability for any deficiencies in any goods supplied or services provided or damage caused by any Third Party.
45. Adkins is unable to accept instructions for work currently in hand and for which another professional adviser is already retained unless such previous instruction has completed or been terminated prior to Adkins’ appointment.
46. Adkins will not undertake to provide the Services where a collateral warranty agreement is in place or required unless agreed in writing with Adkins insurers. Under no circumstances will Evans Jones provide retrospective agreement for collateral warranty agreements.
47. Notwithstanding the Consumer Protection (Distance Selling) Regulations 2000, the Commissioner will not normally be able to cancel the Contract, except where it is expressly agreed in writing between the parties. If Adkins agree to cancel the Contract, the Commissioner will be responsible for the cost of the time incurred by Adkins in performing the Services up to the date the Services cease.
48. Adkins reserves the right to cease providing the Services where in its opinion the relationship between it and the Commissionaire has irretrievably broken down wherein the Contract shall terminate forthwith on notice in writing and the Commissionaire shall be liable for payment of the Services provided to the date of termination.
49. For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Contract is not intended to, and does not, give any person who is not a party to it any person who is no a party to it any right to enforce any of its provisions.
50. This Contract shall be governed and construed by the law of England and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.