Terms & Conditions

1.

In these Terms and Conditions:

"Company" means A L Ryder Ltd who office is situated at Centaur House, Ancells Road, Fleet, Hants GU51 2UJ.

"Company Fees" means the fees quoted by the Company from time to time, for the provision of the specified service.

"Client" means the person submitting the first contract or order form.

"Document" includes, the addition to any document in writing, any map, plan, graph, structural calculation, drawing or photograph, any film, negative, tape or other device embodying visual images and any disc, tape or other device embodying visual images or any disc, tape or other device embodying any other data, whether electronic form or otherwise.

"First Contact Form" means the initial completed form submitted by the client to the company by electronic mail or completed by the Company on initial contact by the client by telephone or other.

"Input Material", means any documents or other materials, and any data or other information provided by the Client relating to the Specified Service (including, but not limited to any information provided in the First Contract Form or Questionnaire Form) whether in electronic form or otherwise.

"Specified Service Instruction Agreement’, means the order form submitted by the Client to the Company requesting provision of the Specified Service.

"Output Material" means any Documents or other materials, and any data or other information provided by the Company relating to the Specified Service whether in electronic form or otherwise.

"Project" means the project to which the Specified Service relates as detailed in the Order Form.

1.2

The headings in these Conditions are for convenience only and shall not effect their interpretation.

2.

Application of Terms

2.1

These conditions are the only conditions upon which the Company are prepared to deal with the Client and they shall govern the Contract to the exclusion of all other terms and conditions

3.

Supply of the Specified Services

3.1

The Company shall provide the Specified Service to the Client subject to these Conditions. The Company and the Client must agree any changes or additions to the Specified Service or these conditions in writing.

3.2

The client at his own expense supply the Company with all necessary Documents or other materials, all necessary data or other information relating to the Specified Service, within sufficient time to enable the Company to provide the Specified Service in accordance with the Contract. The Client shall ensure the accuracy of all Input Material.

3.3

Responsibility for the safe keeping of all Output Material shall be of the sole risk of the Client from the time of delivery to the Client.

3.4

The Specified Service shall be provided in accordance with the Specified Service Instruction Agreement and otherwise in accordance with the Company’s current brochure as published relating to the Specified Service from time to time, subject to these Conditions.

3.5

Further details about the Specified Service and advice or recommendations about its provision or utilisation, which is not published by the Company, may be made available on written request.

3.6

The Company may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without any liability to the Client unless such errors or omissions amount to fraudulent misrepresentation.

3.7

Where the Company cannot perform the Contract, the Company shall notify the Client and with the Clients consent, shall substitute another Company in its place.

4.

Fees

4.1

Where an order form is signed by the client at their home or place of work, the client is entitled to 7 calendar days in which to cancel the contract and have their deposit returned. Where it has been in writing agreed that the work is to commence with those 7 days the client is still able to cancel, but will be liable to pay for any work carried out up to the time of cancellation. For all other times the client may cancel the contract up to 7 days from signing the order form and have their deposit returned, but if it has been agreed in writing that the contract may commence within those 7 days the client will no longer have the right to cancel. This does not affect your statutory rights.

4.2

Subject to any special terms agreed, the Client shall pay the Company’s Fees as detailed in the Specified Service Instruction Agreement and any additional sums, which are agreed between the Company and the Client for the provision of the Specified Service. Payment may be cash, cheque or direct bank transfer to the Company who is authorised to accept such payment on behalf of the Company.

4.3

Additional Fees shall be payable to the Company, for reasons beyond its control, is involved in extra work or incurs extra expense, such as where:

  • The scope of the Specified Service varies
  • It is necessary to vary any item of work commenced or completed due to the nature of the Project
  • Services by others are not provided or delayed.
  • The Client requests amendments to any sketch designs, scheme level drawings or detailed level drawings submitted by the Company.

Provided always that no additional fees shall be incurred without the prior written authority of the Client.

4.4

All fees quoted are including VAT if applicable. All fees should be paid to the Company

4.5

The company acting on behalf of the Company shall be entitled to invoice the Client the provision of each stage of the Specified Service.

4.6

The Company Fees and any additional sums payable shall be paid by the Client to the Company at the following stages:

  • 25% of the total estimated or quoted contract sum
  • Upon completion of plans prepared for the purposes of obtaining Planning Permission
  • Upon completion of plans prepared for the purpose of obtaining Building Regulation consent.
  • On larger complex schemes and site supervision invoicing on a monthly basis.

Subject to agreement with the company 10% may be retained until the approvals are obtained.

4.7

If payment is not made when due, the Company shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgement) at 3% above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full.

4.8

The Client shall pay the expenses specified in the Specified Service Instruction Agreement. Expenses other than those specified shall only be charged with the prior authorisation of the Client.

4.9

4.9 Where the performance of the Specified Service is suspended or terminated by the Client or suspended or terminated by the Company because of breach of Contract by the Client, the Company shall be entitled to payment of all fees and expenses incurred to the date of suspension or termination, such fees to be calculated on a time basis by reference to the Companys then current hourly rate as shown in these conditions, together with any expenses incurred to the date of suspension or termination. Should the Specified Service be suspended or terminated by the Company, and the Company is in breach of contract by doing so, then the Company would waive any right to any outstanding fees due from the Client.

5.

Rights in Input Material and Output Material

5.1

The property and any copyright or other intellectual property rights in any Output Material shall, unless otherwise agreed in writing between the Company and the Client belong to the Company.

5.2

Subject to payment of the Company’s fees, the Client shall have licence to copy and use and allow other consultants and contractors providing services to the Client to use and copy Output Material for the purposes related to the Project to which the Specified Services relates.

5.3

The Company shall not be liable if the Output Material is used for the purpose other than for which it was prepared

5.4

In the event of the Client being in default of payment of any fees or other amounts due, the Company may suspend use of the licence on giving seven days notice of intention to do so. Use of the licence may be resumed on receipt of the outstanding amounts.

5.5

The Client warrants that any Input Material and its use by the Company for the purpose of providing the Specified Service will not infringe the copyright or other rights of a third party, and the Client shall indemnify the Company against any loss, damages, costs, expenses or other claims arising from any such infringement.

5.6

Subject to the previous paragraph, the Company warrants that any Output Material and its use by the Client for the purpose of utilising the Specified Service will not infringe the copyright or other rights of any other claims arising from such infringement.

6.

Rights of Third Parties

6.1

For the avoidance of doubt, save as expressly provided for this agreement nothing in this Contract shall confer on any third party any benefit or right to enforce any term in this Contract.

7.

Suspension and Termination

7.1

Either the Client or the Company may, by giving seven days notice to the other, suspend or terminate performance of the whole or part of the Specified Service. If the performance of the Specified Service is suspended and not resumed within three months, the Company or Client may by notice in writing terminate the Contract.

7.2

The Company may suspend performance of the Specified Service and its obligations under the Contract on giving at least 7 days notice to the Client of its intentions and the grounds for doing so, in the event of that the Client:

7.2.1

is in default of payment of any fees or other amounts due; or

7.2.2

fails to comply with the requirement of the Construction (Design and Management) Regulations 1996 (CDM) and any subsequent applicable amendments (the majority of these Regulations do not apply to private domestic Projects)

7.3

The Company shall resume performance of its obligations on receipt of any outstanding amounts.

8.

Statutory Requirements

8.1

Unless otherwise agreed in writing, the Client shall instruct the making of applications for Planning Permission and Approval under the Building Act, regulations and other statutory requirements and applications for consent by freeholders and all others having an interest in the Project. The Client shall pay any statutory charges and fees and any expenses and disbursements made in respect of such applications.

8.2

Where applicable, the Client shall comply with any obligations under the CDM Regulations including the appointment of a competent Planning Supervisor as soon as practicable.

9.

Other Appointments

9.1

Unless otherwise expressly agreed with the Client in writing with the Company, the Client shall appoint and pay any consultants and other persons as may be required under separate contracts. The Company’s appointment shall be limited to the Specified Services as detailed in the Order Form.

9.2

The Client, in respect of any work or services in connection with the Project performed or to be performed by any other person other than the Company shall

9.2.1

hold such person responsible for the competence and performance of his services and for visits to the site in connection with work undertaken by him;

9.2.2

hold any principal contractor and/or other Contractors responsible for his management and operational methods, for the proper carrying out and completion of their works and for health and safety provision.

9.2.3

In the event of the Company being specifically instructed in writing to arrange a land survey such a survey shall be limited to the provision of measured drawings. The survey will not address the condition of any property nor its suitability for the project nor any structural issues.

10.

Warranties and Liability

10.1

The Company warrants to the Client that the Specified Service will be provided using reasonable care and skill in conformity with the normal standards of the Company’s profession. Where the Company supplies in connection with the provision of the Specified Service any goods (including Output Material) supplied by a third party, the Company does not give any warranty guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible assign to the Client the benefit of any warranty guarantee or indemnity given by the person supply the goods to the Company.

10.2

The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non arrival, or any other fault of the Client.

10.3

The purpose of A L Ryder Ltd is to enable every Client access to a tailor made service, which suits their project and budget. The degree of involvement and control of each Project will vary according to each Clients requirements and recourses. In recognition of the uncertainty and degree of involvement of the Company in any Project and to enable the Specified Service to be provided at the most competitive price possible, the Client and the Company agree that the Company’s liability under and in connection with this Contract shall be limited AND THE CLIENTS ATTENTION IS DRAWN IN PARTICULAR TO THE LIMITATION OF LIABILITY PROVISIONS BELOW

10.3.1

The Company shall not be liable to the Client or be deemed in breach of the Contract by reason of delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond the Company’s reasonable control.

10.3.2

Subject to clause 9.1, the Company specifically does not warrant:

  • That the Specified Service will be completed in accordance with any programme or timetable for the Project.
  • That planning permission or any other statutory consent will be granted
  • The performance, work or products of others;
  • The solvency of any other appointed by the Client whether or not such appointment was made on the advice of the Comapny.