TERMS & CONDITIONS
In these Terms & Conditions:
(A) “The Company” means Peter Harrison Mark Goldman Design Consultants Ltd & or Harrison Goldman
(B) the “Client” is: a private individual, contractor, sub-contractor, authority, landlord, company or firm.
(C) “Contract(’s)” shall mean contract(’s),agreement(’s) or order(’s).
(D) The “Work” shall be the meaning for all; drawings, calculations, schedules, written work, documents, reports, surveys, project management, consultancy work and matters, undertaken by the Company to honour the Contract for the client.
These Terms & Conditions shall apply to & govern any Contract between the Company & the Client, to the exclusion of any Terms & Conditions contained on or in any order agreement form letter receipt acknowledgement or other document originating from the client & no variation of these Terms & Conditions shall be effective unless expressly agreed by the Company in writing. Any contract between the Company & the Client will be in accordance with The Housing Grants, Construction & Regeneration Act 1996 & the scheme for Construction Contracts.
- All quotations & tenders are not to be considered as an offer by the Company & the Company shall not be bound until it has communicated in writing to the Client its written acceptance of the Client’s Contract.
- Preliminary advice & feasibility work will be carried out free of charge at our discretion & without obligation.
All prices are subject to market fluctuations & all quotations are given & Contracts accepted on the basis that work will be invoiced at the Company prices current at the date of written acceptance of the job involved & current VAT charges will be added.
1) If the Work contracted is to be delivered in instalments late delivery of one instalment shall not entitle the Client to reject any other instalment under the same Contract.
2) Any date of delivery for Work given by the Company to the Client shall be an estimate only & while the Company shall endeavour to comply with any such date it shall not be responsible for late delivery & therefor is exempt from penalty clauses.
3) Without any prejudice to the generality of the foregoing, the Company shall not be liable for late delivery or failure to deliver through any cause which is beyond the control of the Company.
- A) Once the Company has accepted in writing a Contract, no cancellation in whole or part can be made by the Client without the Company consent which will normally only be granted, 1) on terms that a cancellation charge is paid by the Client to cover all expenses & charges incurred by the Company & the Company’s loss of profit on the Contract, 2) the cancellation of a Contract therefor will incur an invoice from the Company & therefor be subject to our Terms of Payment with immediate effect.
- B) Should a Client wish for any reason to make a deferment of a Contract, it will be necessary for the Client to get a written agreement from the Company and that should a deferment go over 12 calendar months then the Company’s Terms & Conditions for cancellation of Contract will apply immediately & will not be revocable.
RETENTION OF TITLE:
1) Upon delivery, all risk of loss or damage to the Work shall pass to the Client.
2) the Work & any proprietary rights therein shall remain vested in the Company until both, A) the payment of the total price thereof &, B) any other payments due to the Company from the Client under any Contract have been made.
3) Until all payments in sub-clause 2) above have been made in full the Client shall hold the Work as fiduciary agent for the Company & shall mark the Work with an identification that remains the Company property & it shall be kept separate & identifiable from any other works in the Client’s possession & shall be returned to the Company upon request & all the incidence associated with a fiduciary relationship shall apply.
4) The Company shall have the right with or without prior notice at any time to take possession of the whole or part of the Work & for that purpose shall be granted an irrevocable licence to go upon any premises occupied by the Client, should the Client be in breach of the payment terms under these terms & conditions.
5) Where payment is effected by cheque the Company shall not have received payment until that cheque has been honoured & the amount credited by the Company bank account.
6) The Client will make all reasonable endeavours to supply the Company with all accurate & in date information, (Drawings, schedules, specifications & scope of Work’s); & any other information that the Company shall request in order to enable the Company to perform the Contract. The Company shall not be responsible for any failure to perform the Contract either wholly or in part where such failure results from the failure of the Client to provide the information; (Drawings, schedules, specifications & scope of Work’).
TERMS OF PAYMENT
- Unless otherwise agreed in writing between the Company & the Client, the Company invoice must be paid 30 calendar days net. The Company reserves the right to charge interest at the rate of 3% per annum over Bank of England Minimum Lending Rate on any overdue invoice from the day following that on which payment was due.
- Unless otherwise agreed in writing between the Company & the Client, the Company doesnot agree to any kind of retention or part payment on any invoice, ( or Work ) & that should the Client retain any percentage of monies owing to the Company, the Company reserves the right to charge interest at the rate of 8% per annum over Bank of England Minimum Lending Rate on any sums due under any invoice from the day following that on which payment was due.
- Please note: Retention of Title clause No:5 above.
The Company shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused either wholly or partly by any circumstance or circumstance outside the Company’s control.
Any Contract entered by the Company shall be governed by & construed in all respects in accordance with English law and on entering into any such contract with the Company, the Client shall submit to the non-exclusive jurisdiction of the English Courts.
PROFESSIONAL IMDEMNITY INSURANCE
We maintain P.I.insurance of £2m any one claim, on an annual basis. We do not sign warranties that tie us into maintaining P.I.insurance for any specific periods of time.
28th October, 2014