Terms and Conditions for Measured Surveying Services undertaken by
Chilcote Engineering Services
 
1 - Definitions
 
Company – meaning Chilcote Engineering Services.
Customer – meaning the person, company or firm purchasing the companies services.
Contract – meaning the agreement for the provision of services by the company to the customer.
Contract Documents – The contract will comprise of, but not be limited to, the quotation provided by the company, the customer’s acceptance order and any other documents that the company and customer recognise as forming part of the contract.
Price – meaning the agreed price for the services provided by the company to the customer as specified in the contract documents (subject to revision under circumstances detailed in section 4).
Services – meaning the professional services provided by the company to the customer as specified in the contract documents.
 
2 - The Contract
 
  1. The following conditions will govern the contract. Any additional or alternative terms and conditions proffered by the customer at any time are excluded from the contract.
  2. Quotations provided by the company for provision of professional services are subject to these conditions. The company does not recognise acceptance of an offer to complete said services without written or verbal confirmation from the customer which does not reject these conditions.
  3. The contract will comprise the companies quotation, the customers acceptance either written or verbal and any other documents the company and customer agreed shall form part of the contract.
  4. Each quotation provided by the company shall form an independent contract.
  5. With acceptance by the customer the contract will be recognised as entered upon including where an order is supplied and agreed upon by the customer without a quotation by the company.
  6. The company reserves the right to refuse any orders of acceptance without reason regardless of any quotation provided.
 
3 - Provision of Services
 
  1. The company will provide the services in accordance with the contract.
  2. The company will practice reasonable skill and care while providing the services.
  3. The company will aim to complete the services outlined in the contract within the timescales detailed in the contract documents. However, all timescales provided by the company for provision of services are estimates only and as such any delays will not give cause for a breach of contract or hold the company liable for consequences of any delays.
  4. Any variations to the services required after entering the contract must be agreed upon by the company. The company as such has the right to revise the agreed price and timescale to accommodate any such variations.
  5. Employees of the company will aim to adhere to site rules and procedures where such rules and procedures have been made known to them and are within reasonable practicality.
  6. The customer will be responsible for providing any documentation, information, assistance and co-operation, in each case at the expense of the customer, as required by the company in order for them to perform their services and carry out their obligations under the contract.
  7. Where information or detail provided by the customer specifying the current accessibility of the site or premises outlined in the contract documents, is different to that of which the companies quotation was based or is inaccessible for the companies employees, the company reserves the right to void any such areas from the survey until made clear and available at the cost of the customer. As such the company reserve the right to charge additional fees outside of the original quotation to cover any additional time required to survey such areas.
  8. The company may sub-contract part, or all of the services whilst accepting responsibility for the services.

4 - Services Surveys / Underground Utility Mapping
 
  1. There is no guarantee that all underground utilities can be located due to the nature of them being buried. The company provides no guarantee that we can map all existing buried services and can not be held liable should additional services be discovered by other parties after the survey has been issued.        
 
5 - Price
 
  1. The price quoted is exclusive of Value Added Tax which will be due upon the companies invoice to the customer.
  2. The company reserves the right, by notifying the customer, to revise the price at any time to accommodate the following:
ii.1 Additional work required by the company to complete the agreed services by consequence of the physical condition of the agreed upon site or premises unless this condition is already known by the company at time of quotation.
ii.2 Any additional travel or waiting time incurred by the company as a consequence of anything other than the omission of the company.
 
6 - Invoicing and Payment
 
  1. The company will issue an official invoice to the customer upon completion of services outlined in the contract documents.
  2. The customer will pay the full amount due in Pound Sterling within 30 days of the relevant invoice issue date.
  3. The company will accept payment from the customer by cash, cheque or bank transfer.
  4. The company is entitled to recover interest on all unpaid sums due to it at the annual rate prescribed by the Late Payment of Commercial Debts Regulations 2013 accruing on a daily basis from the day following the due date for payment until the date of actual payment.
 
7 - Liability
 
  1. The company shall not be liable to the customer for any loss of profit, loss of revenue, loss of bargain, loss of business or contract, diminution of goodwill, or for any other indirect, consequential or economic loss of any kind.
 
8 - Intellectual Property
 
All intellectual property created or developed by the company or any employee, agent or sub-contractor of the company in the course of supplying the professional services shall remain vested in the company. Any other intellectual property owned or developed by the company non-exclusively for the customer and used in the course of supplying the professional service shall belong to the company at all times.
 
9 - Force Majeure
 
The company shall be under no liability if it is prevented from, or delayed in, carrying out the whole or any part of the Contract as the result of any event, matter or circumstances beyond its reasonable control.
 
10 - Termination
 
The company can terminate this contract at any time with written notice to the customer as a result of the following:
  1. The customer commits a breach of this contract and, in the case of a breach capable of remedy, they fail to remedy the breach within 14 days of being required to do so in writing; or
  2. Becomes insolvent, or has a liquidator, receiver, manager or administrative receiver appointed