Terms & Conditions
CONDITIONS OF APPOINTMENT: Project: These conditions are applicable for the client in his or her name (not a company or other legal entity) and acting for purposes outside a trade, business or profession. 1. Agent’s Services 1.1. The Agent: 1.1.1. acts as the Client’s representative and acts fairly when dealing with the clients’ and others; 1.1.2. performs the Agent’s Services without undue delay and, so far as is reasonably practicable, within any cost limits agreed with the client; 1.1.3. advices on compliance with statutory requirements; 1.1.4. co-operates with any other persons appointed, co-ordinates and integrates their work, and passes relevant information to them; 1.1.5. makes no material alteration to the Service or approved design without the consent of the Client (except in an emergency). Consent shall not be unreasonably withheld; 1.2. The Agent’s Services are as defined the Schedule of Services attached with these conditions. 1.3. Any additions to the Services will be agreed in writing prior to performing such services (except in an emergency). 2. Client’s responsibilities 2.1. The Client: 2.1.1. advises the agent of the requirements and any subsequent changes required; 2.1.2. provides all the information in their possession , or which is reasonably obtainable, and in good time for the Agent to perform the Services; 2.1.3. gives decisions and approval necessary for the performance of the service; 2.1.4. acknowledges that planning permission and other approvals from third parties may not be granted within the anticipated time-scale or at all; 2.1.5. may issue instructions to the Agent, subject to the Agent’s right of reasonable objection; 2.1.6. appoints and pays any other consultants or contractor under separate agreements; 2.1.7. holds the contractor responsible for the proper carrying out and completion of the construction works and for the health and safety provisions on the site. 2.1.8. pays the sum properly due to the Agent in accordance with the timetable agreed; 3. Assigning the Agreement 3.1. Neither the Agent nor the Client may assign this agreement or any rights arising under it without the prior written consent of the other. Such consent shall not be unreasonably withheld or delayed; 3.2. This Agreement does not confer any rights to enforce any of its terms to anyone not party to it, other than lawful assignees. 4. Fees and Expenses 4.1. The Agents fees and the timetable for its payment are set out in the Schedule of Services. 4.2. In following disbursements are included in the fees: 4.2.1. travel expenses 4.2.2. one set A3 hardcopy of each drawings and subsequent amendments if requested by the client; 4.3. The Client informs the Agent in writing, on or before the date/stage when payment is due, if the Clients intends to withhold any part of the payment due stating the sum to be withheld and the reason for doing so; 4.4. The Agent is entitled to payment of any part of the fees for services satisfactorily performed. CONDITIONS OF APPOINTMENT (continued): 5. Copyright and Licence 5.1. The Agent owns the copyright in the drawings and documents they produce in the performance of the Service and asserts their moral right to be identified as the author of such work under the Copyright, Design and Patents Act 1988. 5.2. The Client has a right to copy and use them only for purposes related to the project provided that all fees are paid. The Agent is not liable for any use of such works other for the purposes for which they were prepared. 6. Suspending or ending the Agreement 6.1. The Client or the Agent may suspend or end performance of the Service by giving at least 7 days’ written notice stating the reason for doing so. 6.2. If after 7 days of the suspension notice having been received by the recipient party, the reason for the suspension is not (being) remedied to the satisfaction of the parties, the agreement will end. 7. Disputes 7.1. Where possible, disputes shall be resolve through negotiations between the parties; 7.2. Where disputes cannot be resolved through negotiations between the parties, either party may employ the services of an mediator acceptable to both parties; The cost shall be borne equally by both parties; End of conditions I confirm that I have read, understood and agreed with the terms set out in the Appointment Letter, the Schedule of Services, the Conditions of Appointment, and I instruct Opzet Ltd to proceed in the performance of the Services.