Terms & Conditions

Definitions

1.1  The “Company” refers to Your Structures Ltd, companies house number 12328092, VAT registration number 338067490

1.2  The “Consultant” refers to the specific structural engineer responsible for the work

1.3  The “Client” refers to the person or organisation that requests the work and accepts the quote, subject to these terms and conditions

1.4  The “Scope of works” refers to the specific consultancy services to be provided by the company as detailed on the quote

1.5  The “Site” refers to the address of the property to which the work pertains

1.6  The “Agreement” refers to these terms and conditions

Consultant’s Obligations

2.1 The consultant shall provide the services detailed in the quote and exercise reasonable skill and care in the performance of the services.

2.2 The consultant shall use reasonable endeavours to perform the services in accordance with any timeframe set out in the quote.

2.3 The consultant shall inform the client if he considers any change or instruction from the client as outside the scope of work in the quote, thereby changing the programme and level of fees.

Client’s Obligations

3.1 The client shall pay the company for the performance of the services detailed in the quote.

3.2 The client shall supply the consultant with all necessary and relevant data and information in its possession or in the possession of any of its contractors or other professional advisors and all instructions, decisions, consents or approvals in good time to avoid delay to the performance of the scope of work.

3.3 The client shall make an additional payment to the company if there has been a change in instruction impacting the scope of works, as in section 2.3.

Payment

4.1 On receipt of an invoice, the client agrees to promptly pay the full amount specified via the methods detailed on the invoice.

4.2 The consultant will not release the work until payment is received in full.

4.3 The final date for payment shall be 30 days from the due date specified in the invoice.

4.4 A site visit incurs a payment, regardless of whether the project then proceeds or not. The site visit cost will be quoted for and is payable as per section 4.1.

4.5 Failure to fully pay an invoice within 30 days of issue will result in the commencement of debt recovery processes. Any costs this may incur will be absorbed by the client.

Documentation, copyright and confidentiality

5.1 All documents related to the scope of works detailed in the accepted quote will be issued electronically via email to the address provided.

5.2 Hard copies will incur an additional cost of £10 including postage.

5.3 Services provided will be in a format suitable for Building Regulations but will include indicative drawings to convey design intent only, not full construction drawings.

5.4 The copyright in all drawings and other documents (including material in electronic form) provided by the consultant to the client remains vested in the consultant. The client shall have a licence to copy and use such material for the purposes for which they were provided, and the consultant shall not be liable for their use by any person for any purpose other than for which they were provided.

5.5 Neither party shall disclose to any other person any private or confidential information concerning the business of the other party, unless authorised by that party or if disclosed to either party’s professional advisors or insurers or as required by law.

Liability and Insurance

6.1 The liability of the company is limited to the design of the specific elements required and agreed in the quote and the company cannot be held responsible for other elements of the structure.

6.2 The company cannot be held responsible for any decision made by an approved Building Control Officer, however, if queries are raised by the Building Control Officer relative to the specific consultant’s designed elements they will be dealt with as quickly and efficiently as possible. There will not normally be any additional charge for these clarifications.

6.3 If building control request further information which could not have been predicted at the commencement of the accepted quote, the company reserves the right to make additional charges where necessary

6.4 If on a site visit the necessary existing structural elements are not visible, the consultant reserves the right to make assumptions in order to allow him to commence design work. If further building work on site results in discovery that the details, form of construction and span direction of floors/roofs differs from the assumptions made, the client is responsible for informing the consultant immediately and prior to undertaking any further works on site so that we can advise how to proceed.

6.5 No liability will be assumed by the company for construction which is not in accordance with the consultant’s design.

6.6 Notwithstanding anything to the contrary contained in these terms and conditions, but without prejudice to any of its provisions by which liability is excluded or limited to a lesser amount, the total liability of the company under or in connection with this agreement whether in contract, tort, negligence, breach of statutory duty or otherwise (other than in respect of personal injury or death) shall not exceed five times the agreed fee for the scope of works.

6.7 The company shall not be liable for special, consequential or exemplary damages or for damages due to delay in work.

6.8 No action or proceedings under or in respect to these terms and conditions shall be commenced against the company if it is more than two years since the relevant work has been completed.

6.9 The company shall maintain public liability and professional indemnity insurance for the length of time sufficient to cover the company’s liabilities under this agreement provided that in either case such insurance is available on reasonable terms and at reasonable commercial rates. The company currently holds public liability insurance for £1000,000 and professional indemnity insurance for £1000,000.

Termination

7.1 The client may terminate the appointment of the company in the event of a breach of this agreement, or if the company becomes insolvent, by giving two weeks’ notice and the company may terminate this agreement in the same manner if the same circumstances arise in relation to the client. In the event of such termination the client shall pay the company a fair and reasonable amount on account of fees due commensurate with the services performed to the date of termination and any outstanding expenses.

7.2 If circumstances arise for which the company is not responsible (including non-payment of fees and expenses due under this agreement) and which the company considers make it irresponsible to continue to perform all or any of the services, the company may terminate the appointment by giving two weeks’ notice. In such event the client shall pay the company a fair and reasonable amount on account of the fees due and in respect of any services to which the company is irrevocably committed together with any outstanding expenses.

7.3 Termination of the company’s appointment under this agreement shall not prejudice the accrued rights or claims of either party.