AGs GPS & Land Surveys, AG Surveys Limited and AG Survey Consultancy
TERMS AND CONDITIONS OF SUPPLY OF SURVEY AND GEODETIC RELATED SERVICES
- The Company means AGs GPS & Land Surveys, AG Surveys Limited or AG Survey Consultancy and the Client means any person or organisation who employs the Company, thus making a Contract, which includes those acting as Agent for a Third Party. The Services means any Aerial, Land, Hydrographic, Building, Underground Survey, Setting Out or any other service provided by the Company to the Client. The Plans means the drawings, disks, reports or any media to be supplied as products of the Services. The Price means the agreed fee or scale of charges for the Services.
- Quoted prices are open to acceptance for up to 30 days from the date of the quotation or estimate at the figure quoted. Any work carried out additional to that specified in the relevant quotation or order shall be charged. Acceptance of arrival on site, the Plans or quotation/tender (verbal or written) for the Services by the Client shall be deemed to be acceptance of these Terms and Conditions and that the Client shall not cancel the contract without compensating the Company for work done to time of cancellation plus 20% of the Price remaining. Where the Client has its own T&C, usually written on an official order, then those T&C shall be made known to the Company at tender stage or the companies T&C shall prevail. The Client shall make known all relevant facts to the Company to execute the Services and arrange access where appropriate or reimburse for costs involved.
- The Company shall not be obliged to commence the Work until requested in writing to do so by the Client. The Company may sub-contract part of the Services whilst accepting responsibility for the Services as if they had not been sub-contracted.
- All Prices quoted exclude delivery and VAT and amounts become due 30 days after invoice date which can be an interim based on work to date (for works over one month duration, monthly invoices will be generated). The Company will charge a £ 30.00 +VAT administration charge for every started week of overdue accounts and reserves the right to charge interest at 5% above HSBC Bank Base Rate per month on a daily basis on overdue accounts until settled (in accordance with The Late Payment of Commercial Debts (Interest) Act 1998)and will invoice all costs generated by Courts, Solicitors and/or Debt Collection Agencies in the recovery of such overdue accounts. Payment will not be effected until clearance of cheque. Where payment is referred to a Third Party this shall not relieve the Client from responsibility under these T&C without prejudice to the Company’s right against that Third Party to recover its debt.
- Where the company is engaged in un-quoted work, additional work or access to site is delayed or denied, the following default rates will apply, unless otherwise specified in writing: – Hourly rate for Surveyor (travelling + field work) – inclusive of motoring costs => £ 75 +VAT – Hourly rate for office work – including all ancillary costs => £ 50 +VAT – Cancellation after mobilisation => £ 150 +VAT min
- Completion and final acceptance shall be effected once the Work has been completed and all Data detailed in the Specification delivered to the Client or his Consultants. Whilst the Company will use its best endeavours to complete the Work in accordance with the Client’s requirements, the Company will not be liable for any consequences of late delivery howsoever caused.
- Effective delivery shall be delivery to the Client or, by instruction, to a Third Party. The Company shall not be liable for any consequential loss due to incorrect setting out, non or late delivery of its Plans or Services. Where delivery is refused or where the Company is unable to deliver due to circumstances beyond its control then the Company is entitled to treat the Contract as being fulfilled or partially fulfilled and invoice the Client accordingly as in Clause 4 of these T&C – a non-exhaustive list of such circumstances would include Act of God, weather conditions, flying or shipping restrictions, riot, International or National Government action.
- The Company shall be informed, within 30 days of Plans delivery, in writing, of any items requiring rectification at the Company’s expense or if such items can be shown that no error be attached to the Company, then any costs so generated to be reimbursed by the Client. The Company has a liability to the Client only, which shall not exceed the amount of Professional Indemnity cover in place at the time of the Contract.
- The Copyright in the Plans shall remain vested in the Company who will grant an irrevocable licence for use by the Client once payment has been received in full (Clause 4). No Third Party may use the Plans even if payment has been made to the Client but not received by the Company. The Company may provide Plans prior to the issue of an invoice under a temporary licence arrangement extending no more than 30 days from the date of subsequent invoice. A breach of Copyright will occur should payment not be made within this due period. The Client may also only hold the Plans in a fiduciary capacity, which enables the Plans to be identified as belonging to the Company until payment has been made under Clause 4. The Client’s right to possession of the Plans shall cease if it does or fails to do anything which would entitle an Administrative Receiver to take possession and the Client shall grant an irrevocable licence to the Company to repossess its Plans in this event.
- The trade marks, trade names, know how, design rights, goodwill, patents, copyright and all other proprietary rights arising out of the provision of the Services are the property of the Company and the Client shall not cause or permit anything that might damage or endanger them or alter, deface, remove any markings or any indications as to the source of the Plans. The Client and Company will respect mutual confidentiality in all respects of the Contract.
- The Company shall hold or effect policies of Insurance to cover Public Liability for £2M, Employers Liability for £10M and Professional Indemnity for £1M with cover to be for 6 years in compliance with regulations laid down for the time being by The Survey Association and/or The Royal Institution of Chartered Surveyors.
- No liability for accuracy shall extend beyond the specified scale of graphical mapping, digitised data or any other accuracy specified for the Services.
- The Contract shall be construed and performed in accordance with the Laws and Courts of England or Germany, as applicable by point of delivery.
Guidance to the wording of the above policy can be found at The Survey Association (TSA) and at The Royal Institution of Chartered Surveyors (RICS).