Terms & Conditions Of Business

The Consultant - Heath Avery Architects Ltd.

The Client. - The instructing body, partnership, corporate entity or private individual

1 Service and charges

1.1 This document sets out the basis upon which we will supply you, The Client, with our professional services

1.2 We will provide you with a separate document which outlines the services we have offered to supply and the fees chargeable. Should you accept our offer, those documents, together with these terms, will be the basis for a formal agreement to appoint us as your Architects. A specimen copy of this agreement is available upon request.

1.3 We will inform you of any additional work beyond the agreed scope of our service and the effect, if any, that this may have on our fees and the timetable.

1.4 Your liability to pay the charges and expenses due to us will be governed by English Law.

2 Invoicing and payments arrangements

2.1  In our service offer we will tell you how and when you will be invoiced.

2.2 Our invoices are due for payment immediately on delivery. If you fail to pay us within 21 days after the date of invoice, we shall charge you interest on the outstanding amount at a rate of 8% above the current Bank of England base rate and we shall issue you with a Final Reminder allowing a further 21 days to make full payment.

2.3  If you have any questions or dispute about any of our invoices, you must inform one of our Directors straight away and confirm any dispute in writing within 10 days of the date of invoice.

3 Indemnity
3.1 You are to indemnify us in full from all expenses and liabilities we may incur (directly or indirectly) following any breach by you of your obligations under this agreement between us; for example your failure to pay us on time.

4 Copyright

4.1 All documents and drawings prepared by us remain our property and the copyright in them belongs to us. You will be licensed to use them for the purpose for which they were intended, provided that you have paid all outstanding invoices in full.

5 The Data Protection Act

5.1 We are required by this act to advise you that your particulars are held on our database.

6 Termination or suspension

6.1  If you wish us to stop acting for you, you may terminate your instructions to us, in writing with 5 days notice.

6.2 We will only exercise our right to stop acting for you if we have good reason, and we will give you 5 days notice. We will explain our reasons for doing so.

6.2 Either party may suspend our service, in writing, with 5 days notice. We shall exercise this right in the event of default by you in the payment of fees, or in your breach of your obligations in law and under this agreement. When the reason for suspension is removed our service may resume.

6.3 We shall invoice for our services up to the time of termination or suspension.

7 Partnerships and Companies

7.1  If our agreement is with a partnership, company, corporation, society, unincorporated association or trust, then a single point of contact must be appointed who is empowered to issue legally binding instructions to us.

7.2  In some circumstances we may require that Directors, or shareholders or similar proper officers of a Company give a personal guarantee(s) for all liabilities incurred by the Company/The Client under this agreement.

8 Our Liabilities to you

8.1 We shall always conduct our relationship with you, the Client, in a spirit of mutual trust and co-operation.

8.2 We shall always conduct ourselves in accordance with the Royal Institute of British Architects Code of Conduct.

8.3 We shall always maintain Professional Indemnity Insurance, appropriate to the scope of the work which we are undertaking. You may request certification of our current level of cover.

8.4 We shall exercise reasonable skill and care in the performance of our duties, in conformity with the normal standards of our profession.

8.5 You should treat verbal discussions as general guidance and information. If you wish to rely on our advice you should ask us to confirm it in writing. You should only rely on written advice and drawings.

8.6 Liability by us for claims arising out of acts of war, acts of terrorism, pollution, contamination, toxic substances and asbestos are excluded.

8.7 The Client will only look to the Consultant and not to any individual including Directors engaged by the Consultant) for redress if the Client considers that there has been any breach of this agreement. The Client agrees not to pursue any claims in contract, tort or for breach of statutory duty (including negligence) against any individuals engaged by the Consultant in carrying out it’s obligations under the appointment at any time. The Client acknowledges that such individuals are entitled to enforce this term of the Appointment pursuant to the Contracts{Rights of Third Parties} Act 1999.

9 Agreement

9.1 Your instructions will not create any right enforceable (by virtue of the Contracts{Rights of Third Parties} Act 1999) by any person not identified as our Client, save that as provided in clause 8.7.

9.2 These terms may only be varied by agreement between us.

9.3 Unless otherwise agreed, these terms of business apply to any future work you instruct us to do.

Heath Avery Architects Ltd 2007 .Company Registration No. 4386341