Terms and Conditions
DAVID FRENCH PARTNERSHIP LLP
TERMS & CONDITIONS FOR ENGINEERING SERVICES
a) These Terms and Conditions form the basis for any agreement betweeen the David French Partnership LLP (DFP) and the Client, for the provision of Consulting Engineering Services, unless specifically varied in the brief.
b) No variation in these Terms & Conditions will be valid unless given or agreed in writing by an LLP Member of DFP.
a) DFP will provide services as described in the brief. Where the services are described in a DFP letter to the Client these are deemed to be correct unless amended by the Client within 7 days.
b) The services provided will be based on the information available to DFP at the time, and the quoted fee does not include for contractural rist items.
a) DFP will provide their services as far as is possible in accordance with an agreed programme. In the absence of any agreed programme the work will be carried out in normal sequence with the other work being carried out at the time.
b) While DFP undertakes to make all reasonable efforts to comply with any programme, they do not undertake to indemnify the Client against any direct or consequential loss arising from failure to meet the programme or any part of it.
a) Copyright of all drawings, schedules, calculations, reports or other technical information and documents provided by DFP in connection with the services remain the property of DFP.
b) All such information is for the sole use of the Client in connection with the building or other works for which they are provided.
a) The responsibilities and duties of the DFP are those due to the Client in terms expressed or implied between the parties. These responsibilities and duties may not be assigned by the Client to another party without specific agreement in writing from DFP.
a) DFP undertakes to maintain Professional Indemnity Insurance in an amount of not less than £5,000,000 for as long as such insurance can be obtained at commercially reasonable rates
b) Where a detailing service is provided e.g. for fabrication purposes, DFP will take all reasonable steps to ensure accuracy of the details, but its liability for any inaccuracies is limited to the correction of errors free of charge. DFP accepts no liability or claim for any consequential loss arising from such errors.
a) DFP may, at its discretion, sub-contract all or part of any work or services provided by it. Where sub-contracting occurs and is not required as part of the Client’s instructions, then DFP undertakes to carry the responsibility for the work and services as if they were not subcontracted.
8. ADDITIONAL WORK:
a) DFP undertakes to provide the services agreed including for any normal design development. If any sifnificant changes to the design requirements are made by the Client, his agent or other party entitiled to make such changes, after design and/or drawing work has been carried out then the extra work will be subject to charges in addition to the agreed fee.
b) DFP will endeavour to advise the Client when such charges may be applicable at the time the additional work is required.
c) Additional charges will be calculated on a time charge basis plus associated reasonably incurred expenses at rates current at the time the work is carried out, unless other form of payment has been agreed in writing with the Client.
9. FEES FOR SERVICES:
a) Fees will be chargeable at the rate and to the value agreed in writing by DFP.
b) Where the work period exceeds one month, or the fee value exceeds £500, DFP reserves the right to charge interim fees for work carried out at the time of invoicing.
c) Unless otherwise agreed in writing DFP will charge in addition to the fee for all out of pocket expenses and disbursements, including photocopying, drawing prints, travelling and cash expenses reasonably and properly incurred in carrying out the duties required of it.
d) Local Authority Charges and other disbursements in connection with the work or services by DFP will normally be paid direct by the Client. DFP will pay and pass on these charges by agreement, in which case a handling charge of 10% will be added to the account.
e) All fees are subject to VAT in addition.
10. PAYMENT OF FEES:
a) Fees are payable as descibed below unless otherwise agreed in writing.
b) All rights to the use of drawings and other information remain with DFP until the relevant fees have been paid.
11. PAYMENT BY ACCOUNT CUSTOMERS:
a) Payment will be made within 30 days of date of invoice.
b) Delay in payment beyond this time will incur interest charges on the unpaid sum in accordance with Late Payment of Commercial Debts Regulations 2002.
c) Any dispute over the condition or quality or accuracy of the services provided by DFP shall not be a reason for withholding or deferring all or part of payment to DFP.
d) Any query on an account shall be made by the Client before it is due for payment. No query will indicate that the Client accepts the validity of the invoice.
12. PAYMENT BY NON-ACCOUNT CUSTOMERS:
a) Work will only commence on receipt of the deposit of an agreed sum.
b) Documents resulting from the provision of our services will not be issued without payment in full, unless another arrangement has been agreed in writing.