1. Definitions
In these conditions, the following words are defined as below:
Client – The person, firm or company named on the Instruction as the client.
Contract – any contract between the Surveyor and the Client for the supply of the Services. Instruction – The Client’s request for the supply of Services.
Fees – The fees payable to the Surveyor by the Client for the services.
Survey – The survey and /or report produced by, or on behalf of, the Surveyor under the Contract.
Services – The services to be supplied by the Surveyor and described in the Instruction.
Site – The location where Services are to be undertaken by the Surveyor and specified in the Instruction.
Surveyor – Trigon Survey & Investigation Ltd
2. Application of terms
2.1 The Contract shall be on these conditions to the exclusion of all other terms and conditions.
2.2 These conditions apply to all the Surveyor’s services and any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by the Surveyor.
2.3 Each Instruction or acceptance of a quotation for the Services by the Client from the Surveyor
shall be deemed to be an offer by the Client to purchase the Services subject to these
conditions.
2.4 Any quotation is valid for a period of 14 days only from its date, unless withdrawn by the Surveyor. A Contract shall come into existence when the Surveyor acknowledges the Client’s Instructions.
3. Client’s Instruction
3.1 The Client’s instructions to the Surveyor with regard to the services (including those to vary, add to or suspend the services) shall be given to the Surveyor in writing, or, if given verbally, confirmed in writing within 7 (seven) days.
1. The Surveyor’s obligations
1.1 The description of the Services shall be as set out in the Instruction.
1.2 The surveyor shall perform the topographic survey services with reasonable skill, care and diligence.
1.3 Unless otherwise agreed in writing by the Surveyor, the Surveyor shall perform the field work
at the site and processing work at the Surveyor’s office.
2. Fees and Payment for the surveyor’s services
2.1 The client shall pay the surveyor for the performance of the Services the fees and charges set out in the fee quotation.
2.2 The Surveyor shall be entitled to submit a fee invoice at the commencement of Services, monthly, or at the conclusion of agreed Services, any of which may be appropriate.
2.3 The due date for payment of any invoice shall be 30 days after the date of submission to the client. Payment shall be by means of electronic transfer (BACS/CHAPS) into the nominated bank account of Trigon Survey & Investigation Ltd..
2.4 All fees and charges under the Agreement are exclusive of Value Added Tax (VAT) at the current rate, which shall be paid concurrently in addition.
Fees due shall also include:
2.5 Reasonable notified travel and hotel expenses (including mileage for car travel).
2.6 Any other fees or expenses which the client has authorised the Surveyor in writing to incur.
2.7 Varied instructions resulting in additional or abortive work.
3. Variations
3.1 The Surveyor shall promptly inform the Client in writing of the likely effect of anything relating to the Surveyor’s scope of work as defined herein which the Surveyor believes would materially vary the work, increase the cost of, or time taken to complete, the work.
4. Heath and Safety
4.1 The Client shall ensure that the Site is safe and the Client shall comply with all statutory
requirements as regards health and safety at work and any other relevant rules and
regulations.
1. Copyright and Intellectual Property
1.1 Unless otherwise agreed in writing, the Surveyor shall retain copyright in and ownership of, all electronic survey files and documents, drawings, maps, photographic and other records.
1.2 All intellectual property created or developed by the Client shall remain vested in the Client.
1.3 All intellectual property created or developed by the Surveyor or any employee, agent or subcontractor in the course of supplying the Services shall remain vested in the Surveyor.
1.4 All other intellectual property owned or developed by the Surveyor non-exclusively for the Client and used in the course of supplying the Services shall belong to the Surveyor at all
times.
2. Disputes
2.1 If a dispute arises out of this Agreement, the Client and the Surveyor shall attempt to reach a settlement in good faith.
3. Liability
3.1 The liability of the Surveyor shall be limited to such sum as it would be just and equitable for the surveyor to pay having regard to the extent of the responsibility of the Surveyor for the loss or damage suffered, on the basis that all other consultants, the contractor and any subcontractors who have a liability shall be deemed to have provided contractual undertakings to the client on terms no less onerous than those applying in the case of this Agreement. They shall be deemed to have paid to the client such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for such loss or damage.
4. General
4.1 The formation, existence, construction, performance, validity and all aspects of the Contract
shall be governed by English law and the parties submit to the exclusive jurisdiction of the
English courts.
5. Force Majeure
5.1 The Surveyor reserves the right to defer the date of delivery or to cancel the Contract or
reduce the Services (without liability to the Client) if it is prevented from or delayed in the
carrying on of its business due to circumstances beyond its reasonable control.