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Terms of Business

GENERAL

In accordance with professional rules, we (KSP Consultancy LLP) are required to provide you with our terms of business. The terms set out below shall apply to all business unless in writing. Agreement to these terms of business and to those set out in any letter of engagement will be assumed unless we hear from you in writing on the contrary.

We will only accept instructions for which we have the necessary skill, knowledge, experience and qualifications (as appropriate).

FEES

Our fees will usually be calculated on one of the following bases. They will be detailed in our letter of engagement to you, which will also set out the scope of the instructions on which the fee is based.

Hourly: You will be charged per hour at an agreed rate which reflects the nature of the work.

Fixed fee: In some circumstances, it may be possible to agree a fixed fee. If the scope of the work increases, then additional work will be charged at an agreed hourly rate. If the scope of the work decreases, then an agreement will be arrived at the earliest opportunity.

Percentage of contract value: Where construction work is being carried out, fees may be charged on the basis of a percentage of the final agreed construction costs (excluding VAT). If there are significant changes to the scheme, for example several design changes or a reduction in the scope of the work at a late stage, leading to either an increase in the amount of work or in a reduction of the fee that would have been payable had the scope of work not been reduced, then fees will be payable on the basis of the agreed percentage for that stage of professional work.

An estimate may be provided although this will of course only apply to the work specified, and the actual sum will be determined as set out in the letter of engagement.

DISBURSEMENTS/EXPENSES

Unless otherwise agreed, expenses such as additional copies of drawings, photographs, ordinance survey data, etc. and incidental expenses such as travelling, accommodation, postage, etc. will be payable in addition to any fees, whether in an interim or final account regardless of the result of the work whereby the expenses have been incurred. Travel will be charged at 45p per mile. B/W drawings will be charged at £1.50 for A1 size copies.

VALUE ADDED TAX

All fees and disbursements are assumed to have been quoted exclusive of VAT.

WITHDRAWAL OF INSTRUCTIONS

In the event of instructions being withdrawn or discontinued for any reason, all outstanding work and expenses will be invoiced and payable immediately.

PAYMENT OF FEES

All invoices are payable within 28 days of issue, unless otherwise expressly agreed. If you are likely to find it difficult to pay within this timescale, please let us know at the earliest opportunity. We reserve the right to levy interest on overdue accounts at 5% above Bank of England base rate, to be charged on a daily basis.

CLIENT’S MONEY

KSP Consultancy LLP will not hold client’s money.

COMPLAINTS

We obviously hope that nothing will go wrong in our dealings with you but, if you do have a complaint against us, we have a procedure for handling it which complies with the RICS Regulations Rule 7. This sets out time limits for our response to you and ultimately allows for independent arbitration if required. A full copy of this procedure is available on request. In brief, if you cannot resolve the matter with the person responsible for your affairs please do not hesitate to write, in the first instance, to “The Secretary”.

PROVISION OF SERVICE REGULATIONS 2009

A list of Partners’ names may be inspected at our registered office. The firm is Regulated by RICS (the Royal Institution of Chartered Surveyors). Individuals may be members of this or other professional bodies as shown on the profile of each person.

Any contractual dealings with us are determined by letter of engagement between ourselves and our clients and by these Terms of Business and will be governed by English Law.

LIABILITY

Any report is provided for your use, and we cannot accept any responsibility if it is used, or relied upon, by anyone else.

Any statements of opinion expressed by a surveyor (‘the Employee’) are expressed on behalf of KSP Consultancy LLP (‘the Employer’), who accepts full responsibility for these. Without prejudice and separately to the above, the Employee will have no personal liability in respect to any statements and opinions expressed, which shall at all times remain the sole responsibility of the Employer to the exclusion of the Employee. To the extent that any part of this notification is a restriction of liability within the meaning of the Unfair Contract Terms Act 1977 it does not apply to death or personal injury resulting from negligence.

The company carries Professional Indemnity Insurance with a £5,000,000 limit of liability and the period of liability is 12 years from the date of appointment.