Technics Group Terms and Conditions

Project Specific Terms and Conditions

Health and Safety

• All required site personnel are NRSWA and CSCS qualified and will always wear the appropriate PPE (Personal protective equipment) whilst working at this location.
• As the investigation is being carried out to support the design of the development, we consider that the works will fall under the requirements of the CDM Regulations 2015. The investigation works on their own will not be notifiable due to their relatively small scale but the project as a whole will be.
• We have assumed that appointments of the Principal Contractor and Principal Designer have been/will be made separately and we have not allowed for taking on either of these roles. We will provide appropriate risk assessments and method statements to the Principal Designer for the investigation works.

Financial

• The appointment is in accordance with our Terms and Conditions (see below).
• 50% of the site works total will be charged in the event of a confirmed project booking being cancelled within 48 hours of the agreed Tuesday to Friday start date/time, 72 hours of an agreed Monday start date/time.
• Unless a specific payment schedule has been put in place, payment terms are 30 days from the invoice date. The company reserves the right to charge interest at 8% above the Bank of England Reference Rate on any late payments & claim compensation from late payment as set out in the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
• Any further work that is not listed within this survey proposal or has been added after instruction or at any stage of the project will be charged at our current rates.
• Variations and alterations to the contracted project will be quoted and charged as they arise. The Fee Proposal does not consider unforeseen delays in the supply of information or late changes made by the client or client representative which may result in additional costs being incurred.
• Please ensure invoice details are correct. Requests to re-issue invoices will incur a charge of £50 + VAT
• Where project duration is greater than 4 weeks or overlaps more than one-month period and if the project exceeds £5000, a payment schedule to split the fee into part payments during the contract period will be issued by Technics.
• Before commencing the works, we will require written instruction directly from the client responsible for payment of our invoices, in the form of a completed Technics Fee Proposal Acceptance Form.
• The professional services of Surveyors are exempt from both the CIS & VAT Reverse Charge rules

Insurance

Technics Group carries the following levels of cover:

• Public Liability up to £10,000,000
• Professional Indemnity up to £10,000,000
• Employers Liability : £10,000,000

GDPR

All personal data will be held by Technics in accordance with our Privacy Policy & The Data Protection Act 2018. We will take care of your information and will not sell it on or pass it on to anybody.

General Terms and Conditions

1 Application of Terms

1.1 Subject to any variation under condition 1.4, the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any request for services, confirmation of instruction, specification or any other document).

1.2 The client is deemed to have accepted these Terms and Conditions when they accept the quotation or from the date of any performance of the service (whichever happens earlier)

1.3 No terms or conditions endorsed on, delivered with or contained in the Client’s request for services, confirmation of instruction, specification or other documents shall form part of the Contract simply as a result of such document being referred to in the Contract.

1.4 These conditions apply to all the Surveyor’s Services and any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by the Surveyor. Without prejudice to condition 11.1, the Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Surveyor which is not expressly set out in the Contract.

1.5 Each Instruction or acceptance of a quotation for the Services by the Client from the Surveyor shall be deemed to be an offer by the Client to purchase the Services subject to these conditions.

1.6 No request for Services issued by the Client shall be deemed to be accepted by the Surveyor until a written acknowledgement of such request is issued by the Surveyor or (if earlier) the Surveyor performs the Services.

1.7 The Client warrants and shall ensure that the terms of its Instruction and any applicable specification are true, complete and accurate.

1.8 Any quotation is valid for a period of 30 days only from its date, but the Surveyor may withdraw it at any time. Any quotation is given on the basis that no Contract shall come into existence until the Surveyor acknowledges the Instructions.

2 Definitions and Interpretation

2.1 In these conditions the following words have the following meanings:

“Client” the person, firm or company named on the Instruction as the client;
“Contract” any contract between the Surveyor and the Client for the supply of the Services;
“Instruction” the Client’s request for the supply of Services;
“Price” the price payable to the Surveyor by the Client for the Services;
“Report” the report produced by, or on behalf of, the Surveyor under the Contract;
“Services” the services to be supplied by the Surveyor and described in the Instruction;
“Site” the place where Services are to be undertaken by the Surveyor and specified in the Instruction;
“Surveyor” Technics Group Limited

2.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

2.3 Words in the singular include the plural and in the plural include the singular.

2.4 A reference to one gender include a reference to the other gender.

2.5 Condition headings do not affect the interpretation of these conditions.

3 Services

3.1 The Surveyor shall use reasonable skill and care in its performance of the Services which it will perform in a timely manner and in accordance with the Contract.

3.2 Unless otherwise agreed in writing by the Surveyor, the Surveyor shall perform the Services at the Site.

3.3 We will use our reasonable endeavours to complete the performance of the services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

3.4 All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

3.5 Technics shall use reasonable skill and care in our performance of the Services assuming unrestricted access to the entire site area. There may be limitations to our ability to conduct the survey or collect data, including soil or ground conditions, dense vegetation or changes to boundaries. The time spent and fees incurred to investigate and capture data will still be charged and due in line with the Payment Terms.

3.6 Results of any boundary related survey relies on good quality, accurate clear land registry title plans. Without these, the results maybe inconclusive. The time spent and fees incurred to investigate and capture data will still be charged and due in line with the Payment Terms.

4 Price

4.1 Unless otherwise agreed by the Surveyor in writing, the Price shall be set out in the instruction

4.2 Unless stated otherwise, the Price shall be exclusive of VAT which the Client shall pay in addition.

5 Payment

5.1 Subject to condition 5.4 and 5.5, payment of the Price shall fall due in pounds sterling 30 days following the date of the Surveyor’s invoice.

5.2 Time for payment shall be of the essence.

5.3 No payment shall be deemed to have been received until the Surveyor has received cleared funds.

5.4 Where project duration is greater than 4 weeks, or overlaps more than one month period and if the project fee exceeds £5000, a payment schedule to split the fee into part payments during the contract period will be issued by the Surveyor.

5.5 Unless a specific payment schedule has been put in place, all payments payable to the Surveyor under the Contract shall become due immediately on its completion or termination despite any other provision.

5.6 The Client shall make all payments due under the Contract in full and without any deduction whether by way of set- off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by the Surveyor to the Client.

6 Health & Safety

6.1 The Client shall ensure that the Site is safe and suitable for the Surveyor and its employees and agents and the Client shall comply with all statutory requirements as regards health and safety at work and any other relevant rules and regulations. The Client shall inform the Surveyor of all health and safety rules and regulations and any other reasonable security requirements that apply to the Site (or any part of it).

7 Intellectual Property

7.1 All intellectual property created or developed by the Client shall, for the avoidance of doubt, remain vested in the Client.

7.2 All intellectual property created or developed by the Surveyor or any employee, agent or sub-contractor of the Surveyor in the course of supplying the Services shall remain vested in the Surveyor.

7.3 All other intellectual property owned or developed by the Surveyor non-exclusively for the Client and used in the course of supplying the Services shall belong to the Surveyor at all times.

7.4 Each party (the “indemnifier”) shall indemnify and keep indemnified the other party (the “recipient”) against, and hold it harmless from, all claims, liabilities, costs (including reasonable legal fees and disbursements) expenses, demands or damages brought or made against or incurred by the recipient pursuant to any claim by a third party that any intellectual property, information, material and/or data supplied by or on behalf of the indemnifier and used or processed by the recipient or any of its sub-contractors in connection with the Contract infringes the intellectual property of any third party

8 Access to The Site

8.1 For the duration of the Contract, the Client grants the Surveyor and its employees, agents and sub-contractors a right of access to, and as necessary to occupy, the Site for the purposes of carrying out its obligations under the Contract.

9 Sub-Contractors

9.1 The Surveyor may sub-contract the supply of the Services to a responsible and experienced sub-contractor.

9.2 Where any Services are supplied by a sub-contractor the Surveyor shall be wholly responsible for the acts and omissions of such sub-contractor as though they were its own acts and omissions.

10 Suspension of The Services

10.1 The Surveyor shall be entitled to suspend performance of the Service if the Client is in breach of any of the provisions of the Contract or any other contract with the Surveyor.

10.2 The Surveyor shall be under no obligation to refund any part of the Price or any other sums paid in advance in respect to the Services or additional services not provided during a period of suspension.

11 Limitation of Liability

11.1 The following provisions of this condition 11 set out the entire financial liability of the Surveyor (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client for any breach of contract and any representation, guarantee, warranty, indemnity, statement or tortious act or omission including negligence arising under or in connection with the Contract.

11.2 Nothing in the Contract excludes or limits the liability of the Surveyor in respect of:
11.2.1 death or personal injury caused by its negligence;
11.2.2 fraud or fraudulent misrepresentation; or
11.2.3 any other liability that cannot be limited or excluded under law.

11.3 Subject to Condition 11.2, the Surveyor shall not be liable to the Client whether in contract (whether by way of guarantee, warranty, indemnity or otherwise), tort (including negligence), misrepresentation (other than fraudulent misrepresentation), breach of statutory duty or otherwise in respect of the Contract for any:
11.3.1 indirect or consequential loss or damage;
11.3.2 loss of profit; or
11.3.3 loss of business or depletion of goodwill;
howsoever caused which arises out of or in connection with the Contract.

11.4 Subject to Condition 11.2 and without prejudice to Condition 11.3, the Surveyor’s total liability in contract (whether by way of guarantee, warranty, indemnity or otherwise), tort (including negligence), misrepresentation (other than fraudulent misrepresentation), breach of statutory duty or otherwise, arising from any single event, or series of connected events, in connection with the Contract shall be limited to not more than £5,000,000.00 each claim or loss (as defined in the Policy Wording).

11.5 The provisions of this clause 11 shall survive the termination or expiry of the Contract for any reason.

12 Assignment

12.1 The Surveyor may assign the Contract or any part of it to any person, firm or company.

12.2 The Client shall not be entitled to assign the Contract or any part of it without the prior written consent of the Surveyor.

13 Force Majeure

The Surveyor shall not be liable, and reserves the right to defer the date of delivery or to cancel the Contract or reduce the Services, if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, failures in utility supply, supplier failures, systems interruption, power surges, network unavailability, equipment failures, virus attack, or any comparable circumstances.

14 General

14.1 Each right or remedy of the Surveyor under the Contract is without prejudice to any other right or remedy of the Surveyor whether under the Contract or not.

14.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

14.3 Failure or delay by the Surveyor in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

14.4 Any waiver by the Surveyor of any breach of, or any default under, any provision of the Contract by the Client shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

14.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

14.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

15 Communications

15.1 All communications between the parties about the Contract shall be in writing/email and delivered by hand or sent by pre-paid first class post or transmitted by email:
15.1.1 (in case of communications to the Surveyor) to its registered office or such changed address as shall be notified to the Client by the Surveyor; or
15.1.2 (in the case of the communications to the Client) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Client set out in any document which forms part of the Contract or such other address as shall be notified to the Surveyor by the Client.

15.2 Communications shall be deemed to have been received:
15.2.1 if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
15.2.2 if delivered by hand, on the day of delivery.
15.2.3 Or if email by internet, read receipt/delivery note received, or if NO “unable to deliver email” message received.