General Terms & Conditions of Engagement

PreConVision Limited Standard Terms and Conditions

1. These terms and conditions form part of our formal proposal. In the event of any conflict between these terms and any other terms proposed these terms shall apply.

2. We will use reasonable skill, care and diligence in the performance of the services and will be liable only to the extent that we have breached this obligation. Our liability shall be limited to such proportion of your losses as is fair and reasonable having regard to the extent of our responsibility for the same.

3. When the fee is a lump sum this is based on the assumptions/criteria set out in the proposal. Should one or more of these assumptions/criteria change resulting in additional costs to us, an appropriate adjustment to the fee shall be made by such sum as is fair and reasonable.

4. Reiterations are chargeable at a daily charge rate which will be advised following instruction should this requirement arise.

5. If we are required to modify and/or revise any completed works, and/or are delayed or disrupted (in either case for reasons other than our default) then you will pay us such sum as is fair and reasonable. Unless otherwise agreed, the sum will be calculated in accordance with the schedule of rates set out in the proposal (or, if none stated, in accordance our standard schedule of rates) to cover the additional resources employed by us in respect of such additional work.

6. Notwithstanding any other term of this agreement our total liability under or in connection with this agreement whether in contract, tort (including negligence), for breach of statutory duty or otherwise shall be limited to the figure stated in this proposal.

7. We will commit to maintain a commensurate amount of professional indemnity insurance. We shall have no liability under or in connection with this commission after the expiry of six years from the date of our proposal.

8. Copyright and all intellectual property rights arising out of our services shall vest in us. Subject to payment of all fees properly due we shall grant you a royalty free, non-exclusive licence to use such intellectual property for any purpose connected with the project. We shall not be liable for the use by any person of any schedules or documents for any purpose other than that for which they were provided.

9. The detailed content of our proposal is the copyright of PreConVision Limited, is confidential, and may be used by you only for the purposes of considering the proposal. The proposal remains valid for 3 months from the date of the proposal.

10. If you fail to make payment in accordance with the terms of our proposal we may, upon seven days’ written notice to you, suspend performance of services until such outstanding amounts are paid in full. We shall have no liability for delay or damage caused by such suspension.

11. Neither we nor you may assign our rights under this commission and no term of this agreement confers on any third party any benefit or right to enforce any term of this agreement. Unless otherwise agreed, any report is not intended for and should not be relied upon by any third party and no responsibility is undertaken to any third party for it.

12. Time basis rates are subject to review each year on April 1 and will be adjusted in line with salary inflation. Save for any items which are included in the fee (as stated in the proposal) disbursements and expenses will be charged separately at cost. Our fees are net of all taxes, levies, imposts or other duties. Invoices for any lump sum will be submitted in accordance with the schedule referred to in the proposal.

13. Invoices for time basis services will be submitted for payment on a monthly basis unless otherwise stated in the proposal.

14. Payment is due on presentation of our invoices and final date for payment shall be as stated on the invoice. Interest at the statutory rate will be charged on any overdue amounts.

15. We are a small practice so we would request that payment is made in two stages with 50% paid on instruction with the remaining 50% balance upon completion and issue of final invoice.

16. Our agreement with you shall be subject to English law and any disputes referred to the English Courts.

 

 

 

Last updated: January 2022

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