1.0 INTRODUCTION
1.1
These are the general terms that will apply to the delivery of our services to you as our client. In relation to the matters on which you instructed us to advise you and/or act for you, these Terms and Conditions together with the fee proposal and accepted quotation provided herein describe the services we will provide to you and the fees and other charges we shall expect you to pay.
“We”, “us” or “our” (and similar expressions) refers to Peter Philip Developments Ltd, and “you” or “your” (and similar expressions) refers to our client.
1.2
The fee proposal and its accepted quotation together with these Terms and Conditions shall constitute the contract between you and Peter Philip Developments Ltd. These documents constitute the entire agreement between us and you and supersede and extinguish all previous appointments, agreements, promises, assurances, warranties, representations, and understandings between us and you, whether written or oral, relating to its subject matter.
1.3
The client’s signature, written instruction, email confirmation, or electronic acceptance to proceed with the work as specified within the fee proposal and accepted quotation signifies the client’s express acceptance of these Terms and Conditions.
1.4
The scope of work is as set out in the fee proposal and accepted quotation.
2.0 OUR RESPONSIBILITIES
2.1
We are a completely independent practice and will only act in accordance with the interests of your project.
2.2
We will endeavour to meet an agreed programme of work for the project but cannot accept any responsibility for costs incurred as a result of delays due to any cause beyond our reasonable control. In the event of any such occurrence affecting us, we shall notify you as soon as reasonably practicable.
2.3
We will periodically keep you informed of progress in the performance of the services and of any issue that may materially affect the stages of the project.
2.4
We will use reasonable skill, care and diligence to secure permission or consent for proposals which are the subject of any planning permission application, building regulations application, appeal or any other statutory application we prepare and submit on your behalf. However, we cannot guarantee a successful outcome or accept any responsibility for decisions made by any authority in relation to the above.
2.5
Nothing in this contract shall impose upon us a greater obligation than to act with reasonable skill and care expected of a competent architectural designer and planning consultant.
2.6
You acknowledge that, by entering into this contract, you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this contract.
3.0 YOUR RESPONSIBILITIES
3.1
For the proper and timely performance of the agreed service(s), you agree to supply an initial statement of your requirements, describe the goals and objectives of the project, provide all project-related information that is in your possession or reasonably obtainable, and respond promptly to project approvals.
3.2
Once we have contracted with you to provide a service(s) that includes or relates to the preparation and/or submission of drawings, any planning permission application, building regulations application, appeal or any other statutory application, you shall not submit said application or appeal or cause it to be submitted except through Peter Philip Developments Ltd acting as your agent unless a specific agreement to that effect has been reached between you and Peter Philip Developments Ltd.
3.3
In contracting with us to provide any agreed service(s), you agree to give Peter Philip Developments Ltd permission to gather information, establish priorities, and make decisions for your project on your behalf.
4.0 FEES
4.1
Peter Philip Developments Ltd “2-Pay Easy Payment Plan” allows you to pay the total value of the contract in two equal instalments in accordance with this section 4.
4.2
- 50% of the fee is required in advance of service provision commencing and is due prior to conducting the site visit survey.
- The remaining 50% is due at completion of the service and prior to the submission of drawings, any planning permission application, building regulations application, appeal or any other statutory application.
4.3
Fees charged for endeavours to achieve planning permission, building regulations approval or similar objectives are payable on discharge of the work regardless of success.
4.4 Housing Grants, Construction and Regeneration Act 1996 (as amended)
4.4.1 The due date for payment shall be the date of submission of our invoice.
4.4.2 The final date for payment shall be 14 days from the due date.
4.4.3 You shall give notice specifying the sum you consider due (“Notified Amount”).
4.4.4 Such notice shall be given no later than 5 days after the due date.
4.4.5 If no notice is served, the invoiced amount shall become the Notified Amount.
4.4.6 Where you intend to pay less than the Notified Amount, notice must be given no later than 2 days before the final payment date.
4.5
Once we receive the first instalment, the client has 7 days to cancel (cooling-off period).
4.5.1
If service provision begins within the cooling-off period, any termination will be subject to clause 4.6.
4.6 Termination
4.6.1 A 50% fee will be charged for cancellations within 7 days after the agreed start date.
4.6.2 The full contract value is chargeable after this period.
4.6.3 Only electronic PDF copies of completed work will be issued; CAD files will not be provided.
4.7
We reserve the right to suspend work where accounts are outstanding and to charge statutory interest at 8% above base rate, plus compensation for recovery costs.
4.7.1
If you notify us of late payment, we may suspend or pause work at our discretion.
4.8
The client is responsible for all local authority fees.
5.0 THIRD PARTY LIABILITY
5.1
No claim shall be brought against individual directors, consultants or employees.
5.2
Advice is for your benefit alone and may not be relied upon by third parties.
5.3
Unauthorised use of drawings shall result in indemnification against all claims.
5.4
Supplementary consultants may be appointed but we accept no liability for their work.
6.0 PROTECTION OF RIGHTS & INTERESTS
6.1
We may disclose that you are a client where information is public.
6.2
We may include company details on project signage.
6.3
Peter Philip Developments Ltd retains copyright and moral rights.
6.3.1
Measured Site Surveys may be undertaken where required.
6.4
Licence to use drawings is limited strictly to the project.
6.5
We may photograph completed works for marketing purposes.
6.5.1
Images provided to you may only be used as expressly permitted.
6.6
No third-party rights under the Contracts (Rights of Third Parties) Act 1999.
7.0 EXCLUSIONS
7.1
Additional work will be charged at £50 per hour.
7.2
No additional services without written authorisation.
7.3
We do not act as Principal Designer unless agreed in writing.
8.0 PHOTOGRAPHY & MARKETING
8.1
Photography may be requested post-completion with approval.
8.2
Reasonable access must be granted for photography.
9.0 LIABILITY AND INSURANCE
9.1
Public Liability Insurance of £1,000,000 maintained for 6 years.
9.2
Liability is limited to proportionate loss caused by our failure.
9.3
Liability ceases 6 years after completion or termination.
10.0 RESOLVING DISPUTES
10.1
Complaints must be raised immediately.
10.2
Disputes shall be referred to arbitration unless otherwise agreed.
11.0 GOVERNING LAW
11.1
This contract is governed by English Law.
12.0 NOTICES
12.1
Notices must be in writing.
12.2
Delivery and receipt timings are defined.
12.3
This clause does not apply to legal proceedings.
12.4
We reserve the right to stop work with written notice.
13.0 GUARANTEES
Guaranteed Dedicated Project Manager
13.1 Continuity of project manager subject to clause 13.2.
13.2 Replacement permitted with 28 days’ notice or immediately in emergencies.
Guaranteed Building Regulations Expertise (If Appointed)
13.3 Refund and resubmission conditions apply if approval is not granted.
13.4 Use of recommended inspectors is required.
13.5 Second application must be within 12 months.
Guaranteed Design Satisfaction
13.6 Termination within 10 days is subject to clauses 4.5, 4.5.1 and 4.6.
