Terms & Conditions of Contract

1. Definitions and Interpretation

In these Terms and Conditions, the following words and expressions shall have the following meanings:

• The “Client” means the person or organisation awarding the Contract. An Agent acting for a Third Party shall be deemed to be the Client unless otherwise designated in writing by the Third Party.

• The “Contract Price” means the agreed fee or scale of charges for the Work, subject to such alterations as may be made under the provisions hereinafter contained.

• The “Contract” means the agreement concluded between the Client and the Surveyor, including these Terms and Conditions, all Specifications and other documents which are relevant to the Contract.

• The “Surveyor” means the business whose quotation for the Work is accepted by and on behalf of the Client and includes the Surveyor’s successors and permitted assigns.

• The “Work” means the surveying, mapping, setting out or any other service to be executed and all supporting Plans to be produced and supplied by the Surveyor in accordance with the Specification and includes any additional work requested by the Client under clause 6.

• The “Purpose” means the use for the Work as stated in the Contract.

• The “Quotation Period” means the period of time between the Surveyor receiving an invitation from the Client to provide a quotation for the Work and the date by which the Surveyor must submit their quotation.

• The “Plans” means the drawings, digital data, photographs, listings, reports or any other supporting documentation.

2. Sufficiency of Quotation

In so far as is reasonably possible during the Quotation Period, the Surveyor shall be deemed to be satisfied before submitting the quotation as to the nature and requirements of the Work, the conditions under which the Work will be completed and the correctness and sufficiency of the quotation.

The several documents forming the Contract are to be taken as mutually explanatory of each other and in cases of discrepancy the Specification shall prevail. The Client warrants that all relevant information has been provided regarding the nature and scope of the Work and any unusual conditions which may apply.

3. Commencement of Work

The Surveyor shall not be obliged to commence Work until a written request has been received from the Client.

Once a survey date has been confirmed, a time slot will be reserved for the Client. If the survey is cancelled or rescheduled within 72 working hours of the scheduled survey time or date, a cancellation fee of £500.00 + VAT will apply, in addition to any reasonable expenses incurred.

If the Work has commenced, the Client shall not cancel the Contract without compensating the Surveyor in full for the Work completed up to the date of cancellation, together with an additional 20% of the remaining Contract Price.

All cancellation requests must be made in writing no later than 3 days before the agreed project start date. Failure to do so will result in the cancellation fee and any associated expenses becoming payable by the Client.

4. Execution and Completion of Work

The Surveyor shall execute and complete the Work in conformity with the Specification and the delivery dates agreed.

The Surveyor shall supply and provide for all matters necessary for the completion of the Work at the expense of the Surveyor except as specifically provided for in this Contract. Effective delivery shall be delivery to the Client or, by instruction, to a Third Party.

Where delivery is refused or where the Surveyor is unable to deliver due to circumstances beyond their control, the Surveyor is entitled to treat the Contract as being fulfilled and invoice the Client accordingly.

Work which the Client reasonably considers fails to meet the standards contained in the Specification shall be returned to the Surveyor within 60 days of receipt for correction at the Surveyor’s own expense. If such Work is found, on being checked by the Surveyor, to be within the specified standards, then the costs incurred by the Surveyor in checking shall be payable by the Client.

5. Extension of Time for Completion of Work

The Work shall be completed in accordance with the agreed programme and dates or within such time as may be agreed with the Client.

Any request by the Surveyor for an extension of time shall be made in writing to the Client within 5 working days of the Surveyor becoming aware of such need arising.

6. Power to Vary Work

The Client may vary the Work either in form, quality or quantity provided that the total cost of the Contract is not affected by more than 10% for Contract Prices up to £1,000 and 5% for Contract Prices over £1,000.

Such variations shall be valued at the rates set out in the Contract where applicable or, failing this, at new rates to be agreed between the parties. Where variations would affect the total cost by more than the appropriate percentage, the Contract Price shall be renegotiated at the request of the Surveyor.

7. Assignment or Sub-Contracting

The Surveyor may sub-contract part of the Work whilst accepting full responsibility for the Work as if it had not been sub-contracted.

8. Entry on to Private Property

Where it is necessary for the Surveyor to have access to private property, the Client shall be responsible for obtaining any necessary permissions, which must be arranged and agreed in advance.

The Client shall also provide the Surveyor with a list of occupiers and any letters of identification which may be required.

9. Access for Inspection

The Client may, at any reasonable time, examine or test any part of the Work or materials intended for use therein. The Surveyor shall give every reasonable facility and assistance necessary.

The cost of any tests, facilities or assistance provided shall be borne by the Client.

10. Payments

Invoices may be submitted by the Surveyor to the Client at intervals of no less than weekly for completed stages of the Work.

Payment is due upon issuance of the invoice and must be settled within 30 days of the invoice date.

Interest will be charged on overdue payments at a rate of 20% above the Base Lending Rate, calculated daily, without further notice. In the UK, late payment terms are governed by the Late Payment of Commercial Debts (Interest) Act 1999.

For projects valued at £5,000 or less, a down payment of £500 is required prior to commencement of the survey. For projects exceeding £5,000, a down payment of 10% of the total project value is required.

Clients without a significant trading history, or those who have not undergone a credit check, are required to make full payment upon completion of the Work.
MBS Survey Group Ltd. will provide proof of completion prior to payment, with final deliverables released only once full payment has been received.

Final payment does not constitute acceptance of the Work. The Client may submit reasonable requests for amendments within the original scope after full payment has been received.

11. Insurance

The Surveyor shall hold insurance policies covering:

• Public Liability – not less than £1,000,000

• Employer’s Liability – not less than £10,000,000

• Professional Indemnity Insurance in accordance with RICS regulations

The Surveyor shall insure the Plans against all risks whilst in transit until effective delivery. The Surveyor shall not be responsible for insurance of Work installed on property under the Client’s control.

12. Liability

The Surveyor shall not be liable for inaccuracies beyond the specified scale or accuracy, or for use of the Plans for purposes other than that stated in the Contract.

No liability shall attach to the Surveyor for any consequential loss or damage suffered by the Client.

13. Rights to Terminate the Contract

If the Surveyor is in breach, the Client may serve written notice specifying the breach and requiring remedy within 30 days. Failing remedy, the Client may terminate the Contract.

If the Client fails to provide agreed matters, the Surveyorurveyor shall be entitled to an extension of time and payment for any additional reasonable costs incurred.

Failure by the Client to make payments when due entitles the Surveyor to suspend Work. Suspension exceeding 7 days allows termination on 7 days’ written notice, without prejudice to other rights, and compensation as set out in clause 3.

14. Bankruptcy or Liquidation

If either party commits an act of bankruptcy or enters liquidation, the Work may be suspended and the Contract terminated upon written notice.

15. Force Majeure

The Surveyor shall not be liable for failure or delay caused by circumstances beyond their control.

After 7 days, either party may terminate the Contract. The Client shall pay for Work completed and any additional reasonable costs incurred.

16. Copyright

Copyright and Intellectual Property Rights in the Plans shall remain vested in MBS Survey Group Ltd., which grants the Client an irrevocable, royalty-free licence for use related to the stated Purpose once payment is received in full.

The licence may not be transferred to a Third Party without written agreement. Temporary licences may apply prior to invoice issue. The Client shall not remove copyright markings.

17. Confidentiality

The Surveyor shall respect confidential information relating to the Work and make no unauthorised disclosure or use thereof.

18. Contract Governance

The Contract shall be governed by and construed in accordance with the law of the country of domicile of the party introducing these Conditions into the Contract.

19. Complaints Handling and Dispute Resolution

Complaints shall be considered by a senior member of the firm or designated complaints handler. If unresolved, the matter shall be referred to an independent redress scheme such as an ombudsman, in accordance with professional body requirements.