Terms and Conditions of Business
1. Definitions
‘the Designer’: EP Architecture Ltd
‘the Client’: the Client
‘the Plan’: a plan produced by the Designer to be submitted for approvals from the Local Planning Authority and the Local Authority Building Contracts.
2. Term
This Agreement shall commence on the date the Designer receives the Instructions from the Client and continue until the date of delivery of the Plan to the LPA and LABC, subject to clause 4.3.2 below. The Client shall have the right to terminate this Agreement by giving notice in writing within 7 days of this Agreement commencing, subject to Clause 6.1(ii) below. If the Client terminates this Agreement after 7 days, the full Fee shall become immediately due.
3. The Service
The Designer will conduct a survey of the Client’ property, and if development is appropriate, prepare a suitable Plan for submission to the LPA and LABC for approval. The Designer will complete all of the LPA and LABC documentation required for such an application, and deliver the Design and documentation to the LPA and LABC on behalf of the Client
4. Agreement
4.1 The Designer will use all reasonable endeavours to provide the Client with the Draft Plan within two (2) weeks.
4.2. The Client will either approve or request alterations in writing two weeks thereafter.
4.3. 1. The Designer will provide the Client with the Final Plan two weeks thereafter.
2. The Client will provide the Designer with the LPA fee and LABC fee, as required on Approval.
3. In the event that the Client does not give his Approval the contract will be deemed terminated, unless otherwise agreed by both parties and indicated in writing. Initial design fees will become payable upon cancellation of this contract unless otherwise agreed in writing.
4.4 On receipt of the Customer Confirmation the Designer will complete the appropriate documentation, and submit the Design and the documentation to the LPA and LABC for their approval.
5. Liabilities
5.1 The Designer makes no representations, and hereby expressly disclaims all warranties, express or implied, including but not limited to, any warranty regarding the obtaining of planning and/or building regulation approval
5.2 The Designer makes no representation, and expressly states that the Plan is not suitable nor should be used for any other purpose other than for application to the LPA and LABC.
5.3 The Designer may, if requested by the Client, advise on the selection and appointment of a contractor, however the Designer makes no representation, and expressly states that he shall not make any inspections of the site generally, or otherwise, the progress and quality of the work.
5.4 Under no circumstances shall the Designer be liable to the Client for indirect, incidental, consequential, or special damages arising from:
1. any aspect of the relationship provided for herein.
2. any aspect of the contractor, or sub contractor’s operational methods, techniques, sequences or procedures, nor for safety precautions in connection with the work, nor shall he be responsible for any failure by the contractor to carry out and complete the work in accordance with the terms of the building contract between the client and the contractor.
3. any liability incurred as a result of any party wall not being in the client’s ownership.
6. Remuneration
6.1 The Client will pay the Designer the Fee for the Plan.
(i) The Fee will become due to be paid on the date of Approval of the drawings prior to submission, or on termination of the Agreement, whichever earlier.
(ii) If this Agreement is terminated within 7 days of this Agreement commencing, 50% of the Fee will become due to be paid.
(ii) In the event that the Fee is not paid in full within 14 calendar days of the date the Fee becomes due to be paid, the Fee will incur interest at a rate equal to 5% above the base rate of Barclays Bank PLC with any fees for the recovery of the outstanding debt being passed onto the client.
6.2 The Client will pay the LPA Fee and LABC Fee as detailed overleaf.
7. Amendments
No amendment or variation to this Agreement shall be valid unless it is in writing and signed by an authorised representative of each party.
8. Whole Agreement
This Agreement represents the whole agreement between the Client and the Designer and the Client acknowledges that he is not entering into this Agreement in reliance upon any representation or warranty not contained in these terms and conditions.
9. Copyright
The copyright for all purposes in all work created by Designer for the Client vests in the Designer unless arrangements are made to the contrary. The Designer will obtain and hold all necessary rights in respect of copyright commissioned by the Designer for the Design.