CONSULTANCY TERMS & CONDITIONS
BASIS OF CONTRACT
These terms and conditions shall apply for the provision of Consultancy Services (SS and FRA) by All Building Control Certification Limited to its clients. They are closely aligned to that of the Association of Consulting Engineers Agreement (The ACE Agreement) being most suitable for the basis of this proposal. They shall not be considered suitable for provision of Expert Witness services (EW) nor Statutory Control services (SC) for which alternative terms will apply.
1.0 Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Us”, “Our(s)”, “ALL BUILDING CONTROL”, ‘’The Consultant’’ or “We” means ALL BUILDING CONTROL CERTIFICATION LIMITED t/a ALL BUILDING CONTROL;
“You”, “Your(s)” or “Yourself” means you the Client;
“Agreement” means the agreement entered into by the Service Provider and the Client incorporating these Terms and Conditions (or variation thereof agreed upon by both Parties) which shall govern provision of the Services;
“Working Day” means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business activities;
“Client” means the party procuring the Services from the Service Provider who shall be identified in the Agreement;
“Commencement Date” means the date on which provision of the Services will commence, as defined in the Agreement;
“Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
“Fees” means any and all sums due under the Agreement from the Client to the Service Provider, as specified in the Agreement;
“Services” means the services to be provided by the Service Provider to the Client in accordance with Clause 2 of the Agreement, as fully defined in the Agreement, and subject to the terms and conditions of the Agreement; and “Term” means the terms of the Agreement as defined therein.
“Order Form” means the form used to specify the Service required by the client, as well as the agreed payment. The Order Form is confirmation that a Service has been requested and that the client will provide remuneration upon completion of said Service. Remuneration may, on occasion, be agreed upon via a different means other than the Order Form.
“Quotation” means Our written statement of prices (be if fixed and/or time rate basis or both as appropriate) for the Products or Services described in it;
“Order Acknowledgment” means Our acceptance of Your order for the Products and/ or the Services;
“Products” means the goods or Services supplied by Us described in the Quotation, Our Order Acknowledgment and/or in our Order Form;
The “Services” means any works associated with the supply of the Products and/or Service as outlined including but not limited to: provision of training; provision of risk assessment consultancy; provision of building regulations or fire safety advice as detailed.
2.1 Initial contact and agreement about services provided
2.1.1 All Building Control shall provide the agreed upon services to the client from the date agreed between them, either by contract or Order Form.
2.1.2 The quote provided to the client will be based upon the information provided by the client to All Building Control at the time of initial inquiry. If the client fails to disclose additional information that would affect the price of the quote, then All Building Control reserves the right to adapt the quote accordingly. [Examples of this include, but are not limited to: asking for a single health and safety risk assessment, but then deciding that a fire risk assessment is also needed whilst the Surveyor is on-site; or stating that there are only four blocks of flats, when in fact there are six].
2.1.3 Clients must ensure that they provide all the relevant information, access and support required by All Building Control to conduct their business effectively, as outlined in these terms and conditions and the agreement. By completing and providing a Order Form, the client is signaling their agreement to act in line with these terms and conditions.
The client must also ensure that they identify any secure areas that cannot be accessed, but will be required to be accessed as part of the visit, on any sites that they have asked All Building Control to visit to conduct requested inspection and or assessment.
2.2 Site inspections, reports and timescales
2.2.1 In instances where visits to sites have been requested by the client, for example to complete a fire risk assessment survey, All Building Control will aim to have the site booked in to be visited within 28 working days from initial contact, unless circumstances prevent this from occurring, such as the client being unable to provide access, or All Building Control being unable to provide an appropriate Surveyor for the requested date etc.
It is the responsibility of the client to inform All Building Control, at the time of booking, if they require the site visit and/or report more urgently than outlined within these terms and conditions. Whilst All Building Control will do its best to provide the client with the requested deadline, All Building Control is not obliged to meet said deadline or be held liable for any negative impact experienced by the client due to All Building Control not meeting the earlier deadline. If the client does not state a requirement to receive the site visit and/or report sooner than outlined in the terms and conditions, it will be understood by All Building Control that they agree with the timescales laid out within these terms and conditions.
2.2.2 Before commencement of the site visit, the client is required to complete a Order Form, either their own or one provided by All Building Control, that states the requested works and agreed payment amount. This Order Form will then be taken as confirmation for the site visit to go ahead. Until the Order Form is returned to All Building Control, the site will not be visited.
2.2.3 Once the site has been visited, the client will receive an email to inform them that the site has been visited and if any further information is required. As long as all information required is provided by the client, All Building Control will provide the risk assessment report within 10 working days from the next working day after the site visit. For example, if a site is visited on a Monday, the report will be due 10 working days from the Tuesday; if the site is visited on a Friday, then the report will be due 10 working days from the following Monday.
2.2.4 It is the client’s responsibility to provide any requested information required to complete required reports. The 10 working day period will not start until such information has been provided.
Failure on the part of the client to provide the requested information will result in a delay in receiving the report, for which All Building Control is not responsible. Such delays will not negate the client for being responsible for paying any fees owed to All Building Control for services already rendered. The sum can be agreed between All Building Control and the client.
2.2.5 If All Building Control is unable to access the site or particular area to conduct the requested assessments due to lack of provision (of access or builder for opening up works) on the part of the client, then the client will be expected to reimburse All Building Control for any reasonable costs associated with needing to re-arrange the visit, such as transport.
2.2.6 Upon receipt of the report, the client must inform All Building Control, in writing, of any concerns or disputes that they have in relation to the report findings. This must be done within 10 working days of receipt.
2.2.7 Inspections are limited to visual only and are normally non-intrusive therefore the Surveyor will not arrange for exposure works to be carried out to the superstructure or below ground or carry out tests but will seek further instructions from the client for these to be carried out for an additional charge or alternatively the client will supply an operative to do for us.
2.3 Provision of other services
2.3.1 All Building Control shall provide the client with other services for which All Building Control and its employees, contractors and sub-contractors have expertise and training, as agreed upon between them, but may include training for staff, audits etc.
2.3.2 All Building Control will arrange a date for providing the requested service within 28 working days of the initial contact for said service, unless situations present themselves that prevent this from occurring, as highlighted in clause 2.2.1.
2.3.3 As per the caveats outlined in clause 2.2.2, the client must provide a Order Form for the requested service before works can be commenced.
2.3.4 As per the caveats outline in clause 2.2.4, the client must provide all relevant information requested in order to ensure that the service is delivered efficiently and on time and that any reports required are able to be created and sent to the client in a timely manner.
2.3.5 As per the caveats outlined in clause 2.2.5, the client must provide access to any sites for which it is required in Order Form for All Building Control to provide the requested service.
2.3.6 As per the caveats outlined in clause 2.2.6, the client must inform All Building Control of any concerns or disputes that they may have for any findings made by All Building Control in relation to the service that they have provided.
2.4 Safety whilst Providing Services
2.4.1 All Building Control will honour its responsibilities, in line with its policies and procedures, to protect the health, safety and security of its own employees, contractors, sub-contractors and anyone else who may be affected by its business undertakings whilst providing the requested services.
2.4.2 The client is responsible for ensuring that All Building Control and any persons operating on their behalf are provided with necessary information that will help them to protect their own health, safety and security and that of anyone who might be affected by their undertakings during the course of providing the services.
2.4.3 Failure on the part of the client to provide the required information, as outlined in clause 2.4.2, may result in All Building Control withdrawing their agreement to continue with providing the requested service and All Building Control seeking reimbursement for services rendered thus far, either in full or part.
2.4.4 All Building Control will ensure that it has appropriate and relevant Public Liability insurance in place to protect the rights of the client in the event that any activities carried out by All Building Control negatively affect the client, anyone working on their behalf or others who may be affected by their undertaking.
2.4.5 All Building Control will ensure that it has appropriate and relevant Professional Indemnity insurance in place to protect the rights of the client in the event that any activities carried out by All Building Control negatively affect the client, anyone working on their behalf or others who may be affected by their undertaking. N.B,. You should be aware that irrespective, insurers will now apply endorsements such as Fire Safety Aggregate Basis of Cover which sets limits on maximum insurance cover.
2.4.6 All Building Control must be provisioned with all pertinent information as to the location and type of any hazardous or deleterious materials or ongoing works within or around a building which may affect their safety e.g. RAMS / Asbestos Surveys / Details of ongoing construction works / Details of unsafe structures etc
2.5 Force Majeure
2.5.1 Whilst all efforts will be made by All Building Control to ensure that they complete and provide the services on time to the client, there may be circumstances beyond All Building Control’s control that prevent this from happening. Under such circumstances, All Building Control will not be liable for any delays, or subsequent consequences caused by said delays, in providing the client with the requested service.
Such circumstances that may be beyond All Building Control’s control include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
All Building Control will work with the client to attempt to resolve the issues quickly in order to prevent any negative impact on the client, however it continues to be the case that All Building Control will not be held liable for said negative impact.
2.6 Payment for Goods and/or Services
2.6.1 The client agrees to pay All Building Control the agreed fees as stated in their Order Form or contract. They will pay All Building Control via the details provided on their Order Form or contract. The contracted time frames and manner are as follows:
Commercial clients (business to business or account customers):-
50% on instruction
50% on receipt of reports (within 28 days from receipt of invoice)
Private clients (property owners or residents):-
50% on instruction
50% on receipt of reports (within 7 days from receipt of invoice)
2.6.2 If the client is unable to pay the agreed fee within the stated time frame, they must notify All Building Control as soon as possible so that the situation may be discussed and an alternative payment arrangement may be made, if required. All Building Control is not obligated to accept a request from the client to extend the time frame for payment, it is entirely at the discretion of All Building Control if they wish to do so.
2.6.3 If the client fails to pay for the services rendered within the agreed upon time frame and if they have not agreed an alternative time frame with All Building Control, then All Building Control reserves the right to add interest to the amount owed until such time as it is paid or an agreement for an alternative payment arrangement is met. Interest will be charged on overdue accounts in accordance with the Late Payment of Commercial Debts (Interest) Act.
2.6.4 If full payment of the amounts owed, including any interest accrued, has not been made within 90 days of invoice issue, or if an appropriate payment arrangement has not been agreed with All Building Control, then All Building Control reserve the right to seek payment in full via the appropriate legal means. Any costs incurred in doing so will be added to the amount already owed by the client.
2.6.5 In the event that the project aborts at any point and the Agreement is determined other than as a result of breach of the Agreement by the Consultant we would require The Fee to be paid up to the end of the work stage commenced at the point of receipt by the Consultant of the notice of determination of the above schedule and payment of any direct costs (if any) arising out of the determination. It shall be a condition precedent that all such fees and costs shall be paid by the Client to the Consultant within the notice period of determination as specified by the Client to the Consultant for the determination not to be deemed a breach of the Agreement by the Client.
2.6.6 The Products or Services remain Our property, until payment has been received in full and where no full payment is received all products and documents related to services must be returned to Us.
2.6.7 Additional works will either be on a fixed fee basis or on time charge as agreed prior with the Client for which the chargeable rates as detailed on the fee proposal letter. These Rates are exclusive of prevailing VAT and disbursements (mileage or travel, printing, overnight stay, copying etc.) but inclusive of overheads (e.g. our own general office and secretarial expenses).
2.6.8 Where redesign or review work is required as a result of changes in the Brief or other issues beyond our control or any other changes not arising from a breach of the Agreement by the Consultant it may result in request for additional fee.
2.6.8 Where the quote for Services is for multiple building inspection/reports as opposed to a single inspection/reports then any termination of our appointment any stage following provision to the Client at least one of the reports shall incur the individual charge for the report plus a charge of 30% of the net overall project fee. Where multiple reports have been provisioned to the client then the individual report charges plus the net 30% shall in no case be more than the overall net fee quoted.
2.7.1 All Building Control will ensure that any information that they hold on the client, including information on tenants, employees, contractors and others for whom the client is responsible, will be kept in the strictest confidence, in accordance with relevant data protection laws.
2.7.2 All Building Control will only allow access to confidential information to those persons who are required to have access in order to allow them to successfully complete their job role in line with the service requested by the client.
2.7.3 All Building Control will ensure that employees, contractors, sub-contractors and anyone else for whom they are responsible are aware of their legal obligations to keep confidential information private and secure. If such individuals are found to have breached the terms of this agreement, they will be subject to appropriate disciplinary action.
2.8 Liability and Indemnity
2.8.1 All Building Control will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these terms and conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by All Building Control’s employees, agents or otherwise) in connection with its provision of the services or the performance of any of its other obligations under these terms and conditions, or this quotation, or with the use by the client of the services supplied.
2.8.2 All Building Control shall not be liable to the client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of All Building Control’s obligations if such delay or failure is due to any cause beyond All Building Control’s reasonable control.
2.8.3 The client shall indemnify All Building Control against all damages, costs, claims and expenses suffered by All Building Control arising from any loss or damage to any equipment (including that belonging to third parties) caused by the client [or its agents, tenants or employees].
2.8.4 Nothing in these terms and conditions shall limit or exclude All Building Control’s liability for death or personal injury caused by its negligence or for any other matters for which it would be unlawful to exclude or limit liability.
2.8.5 Our aggregate liability to the client for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the Goods (determined by net price invoiced to you) in respect of any occurrence or series of occurrences. OR in the case of any Services rendered, the lesser sum of £500,000.00 or ten times the fee (determined by net price invoiced).
2.9.1 Either of Us may terminate the Contract by written notice to the other party if; the other party shall commit a substantial breach of any of its obligations and shall not remedy such breach within seven (7) days of receiving written notice from the first named party of the breach.
2.9.2 We shall be entitled to terminate the Contract immediately without notice if You shall enter into liquidation, receivership, administrative receivership or You make any arrangement or composition with creditors, or if You are an individual, any petition or receiving order in bankruptcy shall be presented or made against You, provided always that such termination shall not prejudice any right of action or remedy which shall have accrued or shall thereafter accrue to either of us.
3.0.1 In the event that one or more of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision/s shall be deemed severed from the remainder of these terms and conditions (which shall remain valid and enforceable).
3.1 Law and Jurisdiction
3.1.1 These terms and conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
3.1.2 Any dispute, controversy, proceedings or claim between the All Building Control and the client relating to these terms and conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
3.2 Restrictions on Disclosure
3.2.1 Any provided report is for the sole use of the named client and is confidential to the client and his professional advisers. Any other persons who rely on the report do so at their own risk. The Contract (Rights and Third Parties) Act 1999 shall not apply. All Building Control accept no liability to any other party who may seek to rely upon the whole, or any part, of this report.