Terms and Conditions

1 Definitions

1. “Company” means Arch Lodge Construction Project Management Ltd. "Client" means the party that accepts the fee proposal of the Company or whose order for Design, Project Management or Supervision is accepted by the Company.
2. “CIient Brief" means the information provided by the Client or Client Representatives at the date of the fee proposal.
3. "Client Representatives" means any third party working with, for, or on behalf of the Client and who provides information to the Company and/or relies upon information provided by the Company.
4. "Conditions" means the terms and conditions set out in this document.
5. “Contract" means the offer made by the Company accepted by the Client in full agreement with the Conditions in this document.
6. "Copyright“ means the ownership of any Design or Design Work Standards, provided by the Company in any format.
7. "Design" or "Design Work" means any information, report, documents, drawings, calculations or advice provided by the Company or decisions and enquiries made by the Company on behalf of the Client in executing the Contract whether Design is written, spoken or inferred.
8. “Project Management" means project management or any other management activity undertaken by the Company on behalf of the Client.
9. The headings in these Conditions are only provided for convenience and shall not affect the interpretation of these Conditions.

2 Fee Proposal And Acceptance

1. Fee proposals provided by the Company are given in good faith and shall not be binding upon the Company unless subsequently confirmed by the Company in writing or an hourly rate shall have been agreed.
2. All fees quoted are based upon the Client Brief.
3. The Contract between the Company and the Client shall incorporate and be subject to these Conditions and commencement of Design Work, Project Management or supervision of projects by the Company shall be considered conclusive proof that the Client has accepted these Conditions.
4. Any new information provided to the Company by the Client or Client Representatives subsequent to a fee proposal or Contract shall result in the reevaluation of the fee proposal by the Company.
5. Where the Company considers that new information constitutes a variation to the Contract then an increase or reduction in fees as may be appropriate shall be advised at the discretion of the Company in writing.
6. The Company shall only proceed with a variation to the Contract upon receipt of a written instruction from the Client including acceptance of the cost implications as may be advised by the Company.

3 Terms Of Payment

1. The Company shall raise invoices against the Clients account for fees expended or work undertaken at an hourly rate. Invoices shall be raised weekly or monthly at the Company's discretion.
2. Payment of the Company's invoices shall be made not later than 30 days from invoice date unless otherwise stated on the invoice.
3. The Company shall remain entitled to withdraw credit facilities at any time and cease in expending any further work until the Client settles overdue invoices together with any outstanding amounts whatsoever.
4. Time of payment of invoices shall be the essence of the Contract and if the Client fails to make payments on the due date then without prejudice to any other remedy available to the Company the Company shall be entitled to: i.) Cancel the Contract and/or suspend performance. ii.) Levy charges in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC. A Late Payment compensation fee will be charged along with Interest on the outstanding balance of 8% per annum above the base rate of the Bank of England until payment is made in full.
5. In the event of a dispute arising under the Contract and without prejudice to any other remedy available to the Company the Company shall be entitled to refer any dispute to Adjudication in accordance with the provisions of Part ll of the Housing Grants (Construction and Regeneration) Act 1996.

4 Programme

1. The Company shall endeavour to provide Design Work, supervision or Project Management in a timely manner in support of the overall programme for a project.
2. Time for provision of any of the above shall not be the essence of the Contract.
3. The Company shall not be liable for any losses, costs or claims incurred by the Client or the Clients Representatives as a result of the Company's failure to make provisions by any particular date due to reasons beyond the Company's control.
4. The Company shall be entitled to provide Design Work by dates earlier than those required by the Client and to raise invoices for the fees expended in so doing.
5. Any failure by the Client to accept any Design Work prepared by the Company as part of the Contract shall constitute a breach of the Contract.

5 Copyright

1. The Company shall retain the Copyright of all Design Work provided in any format and on any media for any project whether paid for or not.
2. The Client or Client Representatives shall not copy, duplicate or redistribute any Design Work provided by the Company without the written permission of the Company.
3. Design Work provided by the Company in an electronic format shall not be altered, edited or redistributed by any third party.

6 Liabilities

1. The Company shall undertake Design Work and/ or Project Management in good faith and in accordance with the British Standards, BS EN Statutory Requirements and industry Codes of Practice relevant to the elements of Design Work and/or Project Management being undertaken by the Company.
2. The Company shall not be liable for any losses, costs or claims associated with any failure of any Design or Project Management provided by the Company to comply with any other requirements unless the Company in writing identifies these.
3. The Company shall not be liable for any losses or costs incurred by the Client, the Client Representatives or any third party arising from the failure of any Design or Project Management to comply with late or new information except where the existence of such information has been acknowledged by the Company in writing.
4. The Company shall not be liable for any losses, costs or claims arising out of any omission in any Design or Project Management for which the Client or Clients Representatives have already included costs or where in the absence of any omission a similar cost would have been incurred in any event.
5. The Company shall not be liable for any losses, costs or claims arising out of any erroneous Design or Project Management where errors are corrected and advised in a timely manner.
6. The Company shall not be liable for any losses, costs or claims arising either directly or indirectly from changes made by a third party to the Company's Design or any other elements of the project as part of a value engineering/ cost reduction exercise or otherwise unless the Company has been consulted and has approved any changes in writing.
7. Where the Company is required to undertake any additional Design Work, Project Management or duties as a result of value engineering/ Cost reduction exercises then the Client shall anticipate additional fees from the Company to be offset against any possible savings.
8. The Company shall not be liable for any losses, costs or claims arising out of the failure of any Design or Project Management to satisfy the particular requirements of the local Fire Officer, Building Control Officer, Planning Officer or any other statutory authority where these particular requirements differ from normal statutory requirements unless the Company has previously acknowledged any particular requirements in writing.
9. The Company shall not be liable for any losses, costs or claims arising out of the failure of the utility companies and statutory authorities to provide in a timely manner information requested by the Company. Furthermore the Company shall not be liable for any failure of any fees or undertaking any further Design or Project Management activity due to late or inaccurate information provided by the utility companies and statutory authorities.
10. Any cost estimates provided by the Company shall be provided in good faith. The Company shall not be liable for errors and/or omissions in providing cost estimates or for such estimates being exceeded.
11. The Company shall not be liable for any losses, costs or claims arising from computer viruses in any media however received or transmitted.
12. The Company shall not be liable for any losses, costs or claims arising out of any design or installation being in breach of the terms of any property lease unless the Company has acknowledged the terms of any such lease in writing.

7 Warranties and Insurance

1. The Company shall carry insurance usually including Employers Liability, Public Liability and Professional Indemnity insurance.
2. No other forms of warranty, insurance or bond shall be offered or accepted by the Company unless agreed in writing by the Company and only then with the written approval of the Company's insurers.
3. Where the Client or Client Representatives require the Company to carry insurance of a different type or with a higher level of cover than is existing then the Company reserves the right to increase the fees accordingly to include the cost of any additional premiums.

8 Suspension and Termination

1. Without prejudice to any other right or remedy the Company shall be entitled to suspend further performance and/or terminate the Contract if the Client is in breach of any of these Conditions.