Terms & Conditions

In these terms and conditions the following words and expressions shall have the following meanings:

The ‘Company’ means Cheshire Surveys Limited

The ‘Client’ means the person or organisation awarding the Contract and employing the Company and includes those acting as an Agent for a Third Party

The ‘Contract’ means the agreement between the Client and the Company, including these Terms and Conditions, all Specifications and other documents which are relevant to the Contract.

The ‘Price’ means the agreed fee or scale of charges for the Work

The ‘Plans’ means the drawings, digital data, photographs, listings, reports or any other supporting documentation.

The ‘Specification’ means the written instructions, plans, drawings and photographs provided by the Client before commencement of the Work

The ‘Work’ means the surveying, mapping, setting out or any other service to be provided and all supporting Plans to be produced and supplied by the Company

The ‘Quote’ is the written correspondence setting out the Price for the Work

 

  1. In preparing quotes the Company will ensure, as far as is reasonably possible, that it is satisfied of the nature and requirements of the Work, the conditions under which the Work will be completed and the correctness and sufficiency of the quotation. Where there are uncertainties or clarification is sought this will be set out in the quote. All quotes are valid for 30 days. All prices quoted exclude VAT.
  2. All documents forming the Contract are to be taken as mutually explanatory of each other. In cases of discrepancy the Specification shall prevail. The Client must provide all relevant information regarding the Work and state any unusual conditions which may apply.
  3. Unless previously agreed either acceptance of the quote by the client or arrival on site (whichever applies) shall be taken to be acceptance of these Terms and Conditions. All queries in relation to these Terms and Conditions must be raised before the work is started.
  4. Any additional work requested by the Client outside the agreed specification and not included in the agreed Price may be subject to our standard survey rates. The Client may vary the Work required provided that the total cost of the Contract is not affected by more than 10 per cent. If there are significant variations in the condition of the site or from the assumptions made in agreeing the Price that will alter the costs of the work by more or less than 10% we will inform the client of this immediately and seek clarification on how you wish us to proceed.
  5. The Client shall not cancel the contract, without compensating the Company for work done to time of cancellation plus 20% of the Price remaining.
  6. The Company will carry out and complete the Work to the Specification and the delivery dates agreed. The Company will deliver the Work to the Client or, by instruction, to a Third Party.
  7. The client will ensure that the survey engineer has free and safe access to areas unless advised otherwise and that site clearance has been undertaken. The survey engineer will only carry out limited site clearance by hand and where practical. Where it is necessary for the survey engineer to have access on to private property the Client will be responsible for obtaining any necessary permissions. The Client will also furnish the survey engineer with a list of the occupiers and any letters of identification which may be needed.
  8. Survey work on the public highway will only be carried out where traffic management is not required. Only utility services found will be surveyed and drainage details if required will be measured from the surface only. Manhole covers will not be lifted if they are damaged and/or rusted, buried, within the public highway and requiring traffic management, parked over or under storage / structures.
  9. Unless specifically requested surveys may not be automatically linked to Ordnance Survey level or position due to the location of sites and the availability of a GPS network connection. If this is critical to your specification we must be informed of this before we start the work as otherwise adjusting the drawing to OS will incur additional costs.
  10. For setting out work the Company will need to agree the setting out position of the building with the Client or their representative and establish control on site. The Client will provide drawings suitable for the purposes of setting out. The Client will inform the Company in writing of any changes to setting out drawings at the earliest opportunity.
  11. Where delivery is refused or where the Company is unable to deliver due to circumstances beyond its control, the Company is entitled to treat the Contract as being fulfilled and invoice the Client for the Work. A non-exhaustive list of such circumstances would include weather conditions, Acts of God, flying or shipping restrictions, riot, National or International Government action.
  12. Any items requiring correction or rectification at the Company’s expense must be raised in writing within 30 days of delivery. If there are no errors and the items can be shown to be within the standards specified in the Contract, the costs incurred in checking will be reimbursed by the Client.
  13. The Company has a liability to the Client not in excess of the insurance cover in place at the time of the Contract. At the current time the Company has in place insurance policies to cover: Public Liability, for not less than £5m; Employers liability for not less than £5m and Professional Indemnity for £1 million.
  14. The Company will not be liable for any inaccuracy of the Plans beyond the specified scale or accuracy, or for any matters resulting from their use for purposes other than that stated in the Contract. No liability shall attach to the survey engineer in respect of any consequential loss or damage suffered by the Client.
  15. The Company may sub-contract part of the Work, whilst accepting full responsibility for the Work as if it had not been sub-contracted.
  16. The Client may at any reasonable time examine or test any part of the equipment or materials intended for use for the Work and the Company shall give every reasonable facility and assistance necessary. The cost of making any test and/or facilities and assistance provided shall be borne by the Client.
  17. The Company will submit invoices to the Client as soon as is practicable on completion of the Work. Payment terms are strictly 30 days from the date of invoice unless alternative terms have been agreed in writing. All prices are subject to VAT. Full payment will be taken to be on the clearance of a cheque or payment directly into the Company’s bank account. The Late Payments of Commercial Debt (Interest) Act 1998 and supplemented by the Late Payment of Commercial Debts Regulations 2002 shall apply to all payments for the Services provided by the Company. Under this legislation we can charge interest at 8% over the Bank of England base rate if the invoice is not paid within the specified period. Also payable would be a £70 charge for administering the act. Charges would be made on a daily rate from the end of the invoice period and the invoice re-issued with the revised amounts due at the end of the period. The client or their agent is responsible for confirming all invoicing details including full name and address prior to carrying out any work and arriving on site. Otherwise invoices will be sent directly to the Client instructing the Company.
  18. If either party commits an act of bankruptcy or has a Receiving Order made against them the Work may be suspended and the Contract terminated upon written notice being served.
  19. The copyright and any other Intellectual Property Rights (IPR) in the Plans shall remain vested in the Company. The Company will grant an irrevocable license for use of the Plans by the Client once payment has been received in full (Clause 17). Such license may not be transferred to a Third Party without the written agreement of the Company. The Company will provide Plans prior to the issue of an invoice under a temporary license arrangement for use in connection with the purpose for which they have been prepared. The Client must not remove any markings identifying the Company as the owner of the Copyright. A breach of Copyright will occur should payment not be made within the due period of the invoice. The Client’s right to possession of the Plans shall cease if it does or fails to do anything which would entitle an Administrative Receiver to take possession and the Client shall grant an irrevocable license to the Company to repossess its Plans in this event.
  20. The Contract shall be construed and performed in accordance with the Law and Courts of England and Courts of Scotland