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• ARCHITECTURE   •   INTERIOR DESIGN    •   CSH ASSESSORS •
Interior Design
New Build Echo
Code Assessors
                Standard Terms & Conditions of trading

Standard Conditions of Contract For Contemporary Design Solutions & allied companies. Copyright 2000 amended 2001 and 2008
1)
General: Contemporary Design Solutions, Computer Drawing Service & Allied companies hereafter to be referred to as “the Company”. The quotation/invoice submitted has been prepared on the understanding that the Company's standard conditions of contract shall apply; unless expressly agreed to the contrary in writing by the Company noting section & subsection for terms & conditions as outlined below. These terms and condition shall be deemed to apply without by any condition stipulated by the client to all orders placed or contracts made following and pursuant to quotation(s) or invoices. Payment of commissioning invoice indicates acceptance of terms and conditions. The company is an Architectural Design practice and will if required employ ARB registered architect on a project by project basis. The person or company responsible hereafter referred to as the “the client”. The client is responsible for initiating the contract shall be liable for the terms and conditions to Contemporary Design Solutions. If the contract is passed on to a third party the terms and conditions and liabilities will apply the third party both jointly and separately.
2)
Basis of Quotation: Unless previously withdrawn, the quotation will remain open for acceptance for thirty days from the date thereon or for any other expressly stated: thereafter it will be subject to confirmation by the Company on receipt of order.
(a)
Except where otherwise agreed, prices are quoted on the basis of work being performed during the Company's ordinary hours (nine thirty a.m. to four thirty p.m. Tuesday to Thursday and nine thirty a.m. to two thirty p.m. on Monday & Friday) and either with unrestricted conditions provided for the most economical execution of the works or in accordance with programme agreed at the time of acceptance of the quote. Work carried out outside the Company's ordinary hours of trading shall be liable to a fifty percent surcharge if not agreed at time of quotation for the contract.
(b)
Site visits or collection or delivery of materials, data, manufactured goods other than stated in the quotation contract will be charged at hourly rate of £ 135.00 plus expenses (including all taxes, levies and similar expenses associated therein). All third party delivery agents & Professional bodies will need to be covered by insurance for consequential loss or damage.
(c)
The cost of any variations in the design plans or detailing shall be charged to the client where such variations are significant either individually or in aggregate. Charges to be at hourly rates of £ 135.00  plus expenses and VAT.
(d)
All prices will be subject to VAT at rates ruling at time of invoice.
3)
 Price fluctuations: Unless specifically stated otherwise in the quotation, the prices quoted are subject to:
(a)
Adjustment in the event of a rise or fall in the cost of material or labour (including all taxes, levies and similar expenses associated therein) and,
(b)
Reimbursement of additional cost (including overheads experienced by the Company) in the event of the Company's progress being fragmented or delayed or for any reason.
(c)
Adjustments to quotation priced based upon percentage building and design costs as outlined in the Royal Institute of British Architect small works guidelines shall be calculated in accordance to the of final build, design and construction cost and payment adjustments made at the conclusion of the contract - less interim payments already issued to the Company. Outstanding payment or credit details shall be settled within fourteen days of completion certificates or delivery notes being issued.
(d)
Additional services such as Consultant or resident Engineers, Land & Civil Quantity or Chartered Surveyors, are chargeable to the client and are in addition to any quotation or estimate given.
(5)
Terms of payment: Payment of a 65% deposit is required at the commencement of minor works Key stage contract; and prior to work being carried out on the contract, unless agreed in writing prior commencement of works. The Company shall not be wholly or in part liable for slippage of the end or interim contract stages due to late commencement of contract by dint of non-payment of deposit or interim payment delays resulting in stoppages.
(a)
Payment Key Stage in full, less previous payments, shall be due on completion of the work or on submission of work to Local Authority or other body, and shall be made within 7 days of the date of a written application/invoice submitted by the Company.
(b)
Where the Contract Period is in excess of four weeks, written application/invoices may be submitted two-weekly                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      for the total value of work - less previous payments - the amount invoiced to be paid by the Client within fourteen days on invoice date.
(c)
Client’s inability to make any payment as aforesaid shall entitle the Contractor to suspend work and/or charge interest on the amount outstanding at four percent above Base Rate of the Company's Bank from time to time in force.
(d)
If the Client fails to honour the terms of payment stated in the quotation condition of trading the Company reserve the right, after giving seven days notice of such default, to withdraw its labour from the works until such default has been made good without thereby prejudicing its right to the money due together with the cost of discontinuance and resumption.
(e)
The company reserves the right to appoint a debt collection agency to recover the outstanding debts after a period of seven days of non payment past the allotted payment date. Additional costs incurred will be charged to the client and will be levied in addition to sums owing to the company.
(f)
The law of “buyer beware” applies to these terms and conditions of trading. The terms and conditions of trading are available for issue as stated on each invoice. The client’s Failure to understand or read any or all clauses as stated herein lies with the client and not the company.
4)
Limitation of Liability: All materials and equipment supplied and fixed by the Company but not of the Company's manufacture shall be guaranteed only to the extent of any guarantee given to the Company by the manufacturer.
(a)
The Company shall not be liable for consequential loss or damage or loss of profit except where proven legal negligence resulting in death or physical injury to the client or third party.
(b)
Any company liability shall not exceed in part or in whole a sum greater than 50% of contract monies paid to the company at date of injury.
(c)
The company will not be liable for consequential loss or damage or loss of profit in respect to the client or a third party other than those already stated in section “4b”.
(d)
The Company shall be liable for, and shall indemnify the client against, any liability, loss, claim or proceedings in respect of personal injury or death or in respect of injury or damage to property in so far these arise out of or in the course of carrying out the contract works unless due to any act or neglect of the client or of any person for whom the client is responsible.
(e)
All alterations of these terms and conditions of contract must be stated in writing prior to commissioning the work. All payments received for any commissioned work will be deemed by the company to be binding on the client. Alterations to the contract or terms and conditions must be agreed by both parties in writing.
6)
Completion: Completion of the works by the date mentioned in the quotation or by any agreed extension thereof shall be subject to the client supplying all the necessary funds, drawings, instructions, information and facilities in due time to permit adherence to the programme which the Company will establish with the Client prior to the commencement of work. All contract monies will be due by the stated end of the contract. Client withdrawing from the contract shall be liable for 100% of the monies due on the contract plus any additional expenses incurred during the collection of said fees and expenses.
(a)
The Company will not accept responsibility for delays arising from any cause beyond its control including but without prejudice to the generality of the forgoing, fire, strikes, lockouts, storm, floods, tempest, riot, explosion, breakdown or stoppage of machinery, force or lack of adherence to codes and practices pertaining to site or project.
(b)
All alterations or variations to the information supplied must be made in writing. And agreed schedules and alterations to budget or time lines agreed prior to works proceeding.
(c)
All stoppages due to lack of information provided by the company or third parties are not grounds for stoppage of works or increases company liability unless the company has complete and overall authority of site, budget, timeline and any / all third party operations.
7)
Local Authority applications: The Company will not be liable for application fees. All fees will be paid by the client irrespective of outcome.
(a) No liability financial or consequential for the outcome of an application will be held by the company. Local authorities are independent of the company.
(b) All presentation of applications by the client or by the company acting as the agent for the client will present approved information for the purposes of the application. Any alterations to the application by the client after this time may invalidate the application. All liabilities for these actions fall to the client and not the company.
8)
Arbitration: In the event of any dispute of difference arising between the Company and the Client the same shall be referred to the decision of a single Arbitrator to be appointed, failing agreement, in terms of the Arbitration Act 1950 whose decision shall be final and binding upon both the parties. “Disputes” are the areas of interest not already covered by the standard terms and conditions of contract as laid out above.
The Studio, Higham’s Hill Farm, Sheep Barn  Lane, Warlingham, CR6 9PQ
T & C.

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07952 151 335 / 01689 858 213					
07787 504 138