TERMS & CONDITIONS
GENERAL
1. The Company means Seabrook Developments Ltd. providing the Scope of Services identified in the attached Proposal.
2. The Client means the entity instructing the company identified in the attached Proposal.
3. Scope of Services means the services provided by the Company to the Client as set out in the attached Proposal.
4. Proposal means the covering letter / email / services schedule which sets out the Scope of Services and the charges the Partnership will render to the Client for the delivery of the Scope of Services together with any additional express terms of contract agreed between the Company and the Client.
5. The Company and the Client agree that these Terms and Conditions of Contract and the attached Proposal shall form the contract (“the Contract”) between the Company and the Client unless and until they are replaced by a written, agreed and signed alternative contract.
6. Costs and Expenses means costs and expenses incurred by the Company in carrying out the Scope of Services for the Client, which include, but are not limited to, photocopying costs, travel costs, accommodation costs, reproduction costs and sub consultant’s fee and costs.
SCOPE OF SERVICES & PAYMENT
7. The Company shall be entitled to be paid the fees detailed within the Proposal. The Costs and Expenses shall be charged in addition to the fee unless specifically included in the Proposal. Payments shall be made in the currency specified in the Proposal.
8. Any services required in addition to the Scope of Services shall be additional services and shall be subject to a fair and reasonable additional payment to the Company, In the absence of agreement between the Company and the Client the additional services shall be charged on a time charge basis in accordance with the standard hourly charge out rate as at the date the service is performed.
9. The Company shall exercise reasonable skill and care, in accordance with the normal standard of the Architectural profession, in the delivery of the Scope of Services. Notwithstanding anything to the contrary contained in this Agreement, The Company shall not be construed as owing any greater duty or obligation than the use of reasonable skill and care in accordance with the normal standards of its profession.
10. Invoices will be rendered monthly unless otherwise agreed by the Company and shall be payable on presentation. The due date for payment is the date of the invoice. The final date for payment is 28 days after the due date (the Final Date for Payment). Such invoices will be on a percentage complete basis for fixed fee/ad valorem work and on a time expended basis for time related work as described within the Proposal. In the event that the Client fails to provide a payment notice in accordance with the Housing Grants, Construction and Regeneration Act 1996 (as amended) the Company’s invoice shall be deemed to be the default payment notice.
11. If the Company takes legal action to recover any outstanding fees, all sums outstanding including un-invoiced fees due for services wholly or partially complete will be immediately due and payable. The Client shall also be liable for all legal costs incurred by the Company in the recovery of the fees.
12. If payment is not received by the “Final Date” for payment shall be entitled to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at the relevant reference rate plus the statutory rate of interest on the outstanding balance until payment is received by the Company.
13. Where third party services are retained by the Company in order to complete the Scope of Services for the Client, the Company is entitled to render invoices at any time to recharge the cost and management of third party services to the Client. The Company is also entitled to charge an additional fee of 10% of the third party services cost.
14. The fees quoted exclude all local taxes unless stated in the Proposal.
15. If the Client requests the Company to invoice a third party in respect of the payment for any of the Scope of Services then acceptance of such request by the Company and the rendering of invoices to third parties will not amount to a novation or assignment of the Contract and the benefit and burden of the Contract shall remain vested in the Client and the Client shall remain liable in respect of the fees until payment in full by any third party.
TERMINATION
16. If the Client terminates the Contract the Client shall pay the Company in full for all work performed prior to termination.