T16 Design Obligations
T16 Design shall provide the services with reasonable skill care and diligence.
Identity of Contracting Party
You are entering into a contract with T16 Design. Apart from the liability of T16 Design as a firm, no personal responsibility is accepted by any staff of the firm and no personal duty of care or other personal contractual obligation is accepted.
Neither party shall assign the whole or any part of this agreement without the consent of the other in writing. Such consent shall not be unreasonably withheld.
Services and Fees
Services to be undertaken by T16 Design, shall be described in the correspondence passing between T16 Design and the employer.
The fees payable to T16 Design shall be the amount stated in correspondence passing between T16 Design and the employer.
The fees payable on project work unless agreed otherwise become payable to T16 Design as agreed at the time of acceptance of the fee quotation.
If T16 Design is requested by the employer to undertake additional services, or additional works have to be completed, the fees payable to T16 Design for such additional services shall be calculated on a time charge basis or pro-rata the agreed fee; whichever is the most appropriate.
All accounts are due to be paid upon receipt of the account.
Costs and Disbursements (Expenses)
We will endeavour to provide you with an update of the costs for which you are liable on a regular basis, no less frequently than once every six months. We will only make a planning application or building regulation (or similar application that involves a fee) on your behalf if we are in funds or a cheque to the payee is made available to us prior to making the application.
We will use first class post for delivery of documents etc. We will charge for special delivery, courier or similar at cost to us. We may use electronic mail systems at our discretion.
Methods of Payment of T16 Design Fee Accounts
For reports on schemes which have not been granted planning permission we require payment in advance before any work is issued and our invoice will be submitted on instruction unless otherwise agreed with us.
Other works are subject to 15 day terms net.
When settling our fee account, we prefer electronic bank transfer.
Payments can be made direct to our Account at HSBC Bank, Sort Code
40-1-04, Account Number is 52397641 (quoting the appropriate invoice number).
Cheques are accepted and should be made payable to T16 Design, Studio 105, 37 Queen Street, Colchester, CO1 2PQ
We reserve the right to cease working on a particular instruction or instructions for a client whose account remains unpaid for more than one month.
For any fee account, which remains unpaid after 15 days, we reserve the right to charge interest at the rate of 4% above the Bank of England base rate prevailing. Interest and penalties will be applied as per the late payment of commercial debt regulations 2002.
Storage of Files and Documents
We reserve the right to make a charge for retrieving any archived file or documents from our archive system, and we reserve the right to charge a reasonable fee for any delivery costs we incur, for any photocopying costs or for any work we do in addition to the retrieval of the items in question.
You consent to our destroying any files and documents if at some future date we convert those items into some appropriate electronic form. We will in any event destroy files once 12 years have passed since the completion of the contract.
Data Protection Act
We may contact you in the future in relation to the services, which we offer. Unless we hear from you to the contrary, we will assume that you have no objection to this.
We operate a formal complaints procedure in order to ensure that everything possible is done to meet any concerns that you may have. Copies of the procedure are available on request from our office.
T16 Design is not qualified to comment on or make recommendations in respect of Asbestos nor able to make recommendations in respect of asbestos consultants or asbestos contractors.
Our liability shall exclude any claim arising out of or in connection with asbestos, pollution or contamination, as well as virus and war risks.
The total liability of T16 Design, unless otherwise agreed in writing, shall be the greater of 10 times the fee for the project or £250,000
Our liability shall exclude any claim arising out of or in connection with terrorism, toxic mould or those arising directly or indirectly from asbestos or materials containing asbestos. Unless otherwise agreed in writing the period of liability of T16 Design is 3 years from Practical Completion or completion of the Project.
The employer shall ensure that there shall be made available to T16 Design such information and assistance as is required by T16 Design and from other parties involved with the project to enable T16 Design to perform the services in an efficient and economical manner.
The copyright of documents prepared by T16 Design is reserved to T16 Design but the employer shall have a royalty free non-exclusive license to use such documents for the purpose for which they were prepared providing all fees properly due have been paid.
Suspension and Termination
If the employer sells suspends or abandons the project to which the services for our commission relate after engaging T16 Design, the T16 Design appointment may be suspended or terminated on the expiry of not less than 28 days prior written notice.
Upon such suspension or termination T16 Design will be entitled to a payment in respect of the services that have been rendered up to the time that the said notice expires. In addition to the above, T16 Design will be entitled to be reimbursed for all expenses and disbursements incurred or to be incurred or obligations entered into or to be entered into in connection with the performance of the services and to a further payment representing loss of profit to T16 Design if the services had not been fully performed.
T16 Design shall be entitled to terminate its obligations to perform the services by giving written notice to the employer should the employer default of its obligations. If the appointment of T16 Design is terminated pursuant to this condition T16 Design shall be entitled to a payment from the employer calculated on the basis set out in the paragraph above.
Termination shall be without prejudice to the rights and remedies of the parties.
If a dispute arises out of any appointment relating to these terms and conditions the Employer and T16 Design shall attempt to agree a settlement in good faith.
If any dispute is not resolved either the employer or T16 Design may at any time give notice to the ether in writing that he wishes to refer the dispute to an adjudicator, provided the contract is in writing and/or is not with a residential occupier. The person who is to act as the adjudicator shall be agreed between the employer and T16 Design.
The terms of the agreement between the Employer and T16 Design shall be governed by English Law.
T16 Design Ltd. Registered office: 4, Park Lane, Langham, Colchester, CO4 5NL which is the address for delivery of all notices.