General Terms & Conditions
General Terms & Conditions
Introduction
Definitions
In these conditions:-
• “The Practice” means ‘Eagle Eye Developments Ltd’, trading as 'Eagle Eye Design'.
• “The Client” means the person to whom the Practice is providing the service under the contract.
• “The Contract” means the agreement between the Practice and the Client for the provision of the services including these conditions of contract.
• “The Services” means the service to be provided by the Practice under the contract.
General Condition
Unless expressly agreed in writing and signed by Charles Hutton, all proposals, offers or orders for services are made and accepted only upon the terms and conditions set out herein. The Client’s order or commissioning agreement or acceptance of the Practice’s proposal or offer shall not become a binding contract unless they give a written order. This may include confirmation of an order via email.
Period of Acceptance
Unless otherwise referred to, this offer is open for acceptance within 30 days only after the offer date.
Variation and/or Amendment
The contract includes for such services as are described therein and based upon our knowledge of the project at the time the proposal is presented. Any variation or extension of the service or variation or extension to the project not included in the contract, will be the subject of a separate proposal or offer on the terms of these conditions and shall not be included within the contract until accepted by the Client and confirmed by the Practice.
Basis of Charges
Time Charges: Where an hourly rate or daily rate is charged, the calculation of the Practice’s charges include:
• Preparation prior to visiting a Client.
• Travelling to the Client’s premises from the Practice’s normal office or other places
• visited in connection with the task.
• Time spent with the Client in connection with the task.
• Completion of the task.
Payment and Invoicing
Payment for work will is as follows:
XX% covers Stage 1;
XX% covers Stage 2;
XX% covers Stage 3; and
XX% covers Stage 4.
Payment for completed work will be based on monthly basis. All invoices are payable within 30 days of the date of issue. We reserve the right to charge interest at the rate of 8% above HSBC lending rate on any amount outstanding beyond the 30 day payment period or the rate payable on judgement debts under the Judgement Act 1988 (legislation may be superseded or amended from time to time) whichever may be the greater. Payment is not dependant upon the successful outcome of planning submissions or enquiries. Any queries in relation to any invoice presented to the Client must received by the Practice within seven days from the date of the invoice.
Electronic Data
Whilst all reasonable care has been taken to supply clean material, you are advised to check 3½” floppy discs, CD’s, Emails and the like against all viruses prior to use. We do not accept any responsibility or liability for any resultant loss or inconvenience which you, or your organisation, may suffer as a result of the use of this material or the information contained thereon.
Copyright
The copyright and any other intellectual property rights in all reports, plans, documents,
drawings, designs and other matters produced for the purpose of or as part of or as a result of the services shall, in all cases, belong to the Practice. The Client will be entitled to reproduce Practice’s design by proceeding to execute the project providing that any fees due to the Practice have been paid. This entitlement will also apply to the maintenance, repair and renewal of the works.
Liability
The Practice undertakes to carry out the services with reasonable skill and care and to the best of its ability. Under no circumstances shall the Practice be liable to the Client for any loss of profits, loss of contracts, increased cost of working or loss of opportunity or for any indirect or consequential loss or damage whatsoever that may be suffered by the Client and whether arising by reason of breach of contract or statutory duty or in tort (including but not limited to negligence).
Recruitment of Staff
The Practice and the Client mutually agree not to recruit knowingly the other’s staff engaged in connection with the contract or the provision of services without the previous written consent of the other.
Cancellation
The Client or the Practice may at any time upon giving one month’s previous notice in writing require the Practice or Client to terminate the contract and upon the expiry of such period of notice the Practice shall cease all further work thereunder. Upon any such cancellation the Practice will invoice the Client for all work done down to the expiry of the said notice at the rate set out in the contract or as appropriate a proportionate part of the quotation stated in the contract and for all out of pocket travelling and subsistence expenses.
Law
The Practice shall, in all respects, be governed by and interpreted in accordance with the laws of the country where the project is carried out.
Asbestos Identification and Removal
The Practice will not be responsible or liable for the identification and/or the removal of asbestos based products. Upon our suspicions being aroused we will advise the Client to appoint a specialist health and safety company to identify, if necessary, specify, and monitor the removal of asbestos.