Patterson Reeves & Partners
Chartered Civil & Structural Engineers - Building Consultants
Standard Terms & Conditions
1. Definitions
a) The Company: means Patterson Reeves & Partners Ltd
The Client: means the person or organisation that orders the work and to whom the work is usually invoiced.
Work or Works: means the services to be provided by the Company
2. Quotations & Fee Proposals
a) Quotations and fee proposals are open for acceptance for a period of 90 days from the date of the quotation or fee proposal.
b) Quotations and fee proposals may be submitted on the basis of a fixed price or hourly charging rates by agreement between the Company and the Client.
c) Additional works, alterations and variations ordered by the Client subsequent to the acceptance of the original quotation or fee proposal shall be charged at the Company’s hourly rates. Alternatively, the Company may agree with the Client to negotiate a fixed fee. Such additional works, alterations and variations and method of payment shall be normally agreed in writing between the Company and the Client prior to the Company proceeding with the additional works, alteration or variation. Where this is not practicable, the additional work shall be recorded by the Company and the method of reimbursement agreed between the Company and the Client as soon as practicable after the additional work has commenced.
d) Where necessary, quotations and fee proposals will be prepared using the prevailing rates and schedules of prices of external specialist services and surveys which may be subject to increased cost during the period between the date of quotation or fee proposal and the date of order to commence. In such an event the Company will inform the Client of any such increases in writing prior to commencing the work.
e) Rates and prices included in quotations and fee proposals are subject to Value Added Tax at the prevailing rate.
f) Disbursements will be an additional cost as itemised in the quotation or fee proposal unless indicated otherwise by the Company.
g) Quotations and fee proposals will set out the services to be provided by the Company. Unless otherwise stated, appointments will be based upon the appropriate Agreement in the Association of Consulting Engineers Conditions of Engagement.
h) The Client must accept quotations and fee proposals before the services outlined in the quotation or fee proposal can proceed by the Company.
3. Time for Completion
Whilst every effort will be made to commence and complete the works in accordance with the agreed programme, the Company accepts no responsibility for delays accruing beyond the control of the Company.
4. Unforeseen Conditions
If during the execution of the works, conditions arise which could not have been reasonably foreseen, the Company will give written notice to the Client outlining any claim for additional payment (if any) and the effect (if any) on the programmed completion of the works.
5. Commercial Charging Rates
a) The Company’s hourly charges are based on the time as recorded. The Company has a duty to record time and expenses accurately.
b) The Company may be obliged to pay out fees and expenses on the Client’s behalf such as Specialist Services and Surveys which can be front loaded and substantial. Accordingly, the Company reserves the right to request the Client for payment on account for these services.
c) The Company’s hourly charging rates are available on request
6. Invoices
a) The Company will generally render invoices monthly. Where the value of design or report work is small, the Company may request payment in advance of the work commencing.
b) Payment of invoices is due 14 days following the date of the invoice.
c) If the Client fails to make payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:-
(i) decline to act further
(ii) charge the full value of work done
(iii) charge the Client interest on the amount unpaid at the rate of 5% per annum above HSBC PLC Bank Base Rate from time to time, until payment in full is received
d) Certificates of Structural Integrity and the release of ‘as-built’ drawings will only be released to the Client by the Company upon receipt of payment of invoices in full.
7. Intellectual Property
The Company’s work including reports, designs, drawings and other services is licensed to the Client for the purpose of the Client’s current instructions. All other copyright and moral right is reserved and asserted. The Company’s logo is a trademark and is hereby asserted.
8. Archiving
The Company will store the original reports, designs, drawings and other documentation prepared for the Client in the Company’s archive at no additional cost. However, should the Client (or the Company to enable the Company to deal with any further instructions from the Client) request further copies of the original reports, designs, drawings and other documentation, then the Company will charge the Client for the work necessary to comply with the Client’s instruction at the Company’s commercial charging rates plus disbursements.
9. Complaints
a) In the event that the Client has a concern or complaint about the Company’s services then the Client should approach the Project Engineer assigned to the Client’s project as soon as practicable after the concern or complaint has arisen. If the Client remains dissatisfied then the Client should raise the matter with Mr Neil Patterson BSc(Hons) CEng MICE Director in charge of complaints at Westleigh House, 85 Leigh Road, Eastleigh, Hampshire, S050 9DQ, Tel: 02380 488488.
b) Should the Client continue to be dissatisfied the matter shall be first referred to a Mediator to be agreed between the Company and the Client or in default of such agreement to be referred to Adjudication or Arbitration under the terms set out in the appropriate Agreement in The Association of Consulting Engineers Conditions of Engagement.
10. Statutory Rights
These terms and conditions do not affect the Client’s statutory rights.