CE Structural Ltd - Standard Terms & Conditions of Business

---

The following ‘Standard Terms and Conditions of Business’ shall apply to all of ‘The Services’ carried out by ‘the Company’ on behalf of ‘The Client’.  They shall constitute, along with the ‘Fee Proposal Letter’, the sole contract between ‘The Company’ and ‘The Client’.

‘The Company’ shall mean CE Structural Ltd, company number SC718072 and having its Registered Office at 10c Ridge Way, Dalgety Bay, Fife, KY11 9JN.

‘The Client’ is the individual person or persons or corporate body or partnership who instructs ‘The Company’ to carry out the work.  Where ‘The Client’ comprises more than one person then the obligations undertaken by such persons are undertaken jointly and severally.

‘The Services’ shall mean the scope of services, duties and activities provided by ‘The Company’ to ‘The Client’ as defined in the attached Fee Proposal Letter, and are not transferrable.

‘The Contract’ is between ‘The Client’ and ‘The Company’.  Third parties do not have any rights under ‘The Contract’ and assignation of ‘The Contract’ is not permitted.

1. Fees

1.1 The fee proposal is valid for 90 days and if not accepted within that period, ‘The Company’ have the right to review the fee.  ‘The Company’ reserves the right to vary the fee should the project parameters or brief change.

1.2 ‘The Company’ is not responsible for third party costs.

1.3 Travelling expenses by car will be charged at 60p per mile.

1.4 Invoices for services rendered will typically be issued on completion of the agreed works within ‘The Contract’, however, ‘The Company’ reserves the right to issue invoices for payment in advance, for interim payments for work undertaken to date, prior to completion of work.

2. Payment

2.1 Payment is due within 14 days of date of invoice.  In the event of failure to pay within this time frame, interest will be calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and at the relevant rate plus the statutory rate of interest.

2.2 The remuneration payable to ‘The Company’ under the terms of Clause 1 shall continue to be payable by ‘The Client’ to ‘The Company’, notwithstanding the termination of the agreement, until all outstanding payments are fulfilled.

2.3 ‘The Client’ shall make all payments due under ‘The Contract’ in full without any deduction whether by way of set-off or counter-claim unless ‘The Client’ has a valid Court Decree or Order requiring an amount equal to such deduction to be paid by ‘The Company’.

2.4 Where services are withdrawn or terminated by ‘The Client’, ‘The Company’ may retain all drawings and certificates, produced by ‘The Company’, until payment in full is received for any invoice.

3. CDM Regulations

3.1 Under the Construction (Design and Management) Regulations 2015 ‘The Client’ must appoint a Principal Designer or undertake responsibility of the role themselves.  ‘The Contract’ with ‘The Company’ is for designer duties only.  Further information regarding duties and responsibilities including “A short guide for Clients on CDM Regulations 2015” under the regulations can be found on the HSE website www.hse.gov.uk/pubns/indg411.htm

4. Liability & Insurance

4.1 ‘The Client’ shall look only to ‘The Company’ (and not to the Individual) for redress if ‘The Client’ considers that there has been any breach of ‘The Contract’.  ‘The Client’ agrees not to pursue any claims in contract, delict or statute (including negligence) against any Individual as a result of carrying out its obligations under or in connection with ‘The Contract’ at any time whether named expressly in ‘The Contract’ or not.

4.2 The total liability of ‘The Company’ in respect of the provision of ‘The Services’ shall not exceed the sum of £50,000.  This will be the minimum sum of Professional Indemnity insurance to be carried by ‘The Company’.

4.3 ‘The Services’ do not include any duty to advise in respect of issues relating to pollution, contamination, and asbestos, and the liability arising out of or in connection with these is excluded. 

4.4 ‘The Company’ maintains public liability insurance of £1,000.000.

4.5 The period of liability of ‘The Company’ is from the date of the letter of offer to 5 years after completion of ‘The Services’ (or termination of the appointment if earlier) or such earlier date as may be prescribed by law.

5. General

5.1 All intellectual property rights and copyright associated with Company’s services shall remain vested in and the property of ‘The Company’.

5.2 By accepting the fee proposal (including any instruction to proceed with undertaking ‘The Services’) following receipt of the fee proposal, and in the absence of a written declaration to the contrary, these ‘Standard Terms and Conditions of Business’, all as scheduled above, are accepted by ‘The Client’ and deemed to constitute a contract between ‘The Client’ and ‘The Company’ for the delivery of ‘The Services’.

5.3 These terms and conditions are governed by the law of Scotland and are subject to the non-exclusive jurisdiction of the Scottish Courts.