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Terms & Conditions


CONDITIONS OF APPOINTMENT


Governing law interpretation  


1. The law applicable to this Agreement shall be the law of England and Wales.

Consultant Services    


2. The Consultant shall, in providing the Services and discharging all the obligations set out hereunder, exercise reasonable skill and care in conformity with the normal standards of their profession.


3. AMP Architectural Services shall act on behalf of the Client in the matters set out or necessarily implied in the Appointment.


4. The Client shall advise AMP Architectural Services of the relative priorities of the Client's requirements, and shall inform AMP Architectural Services of any changes or variations to the Client's requirements, budget or timetable.


5. AMP Architectural Services shall co-operate with any other designers and the CDM Coordinator if appointed, and as appropriate pass relevant information to them.


6. AMP Architectural Services shall make no material alteration, addition to or omission from the Services, or from the approved design, without the knowledge and consent of the Client and shall confirm such consent in writing. In an emergency, AMP Architectural Services may make such alteration, addition or omission without the knowledge and consent of the Client, but shall inform the Client without delay and subsequently confirm such action in writing.


7. AMP Architectural Services shall in providing the Services make such visits to the Works as they at the date of the appointment reasonably expected to be necessary.


8. The Client shall, free of charge, supply AMP Architectural Services with accurate information necessary for the proper and timely performance of the Services, and AMP Architectural Services will rely on such information.


9. The Client shall give decisions and approvals necessary for the proper and timely performance of the Services.


10. The Client shall have authority to issue instructions to AMP Architectural Services, subject to their right of reasonable objection. Such instructions and all instructions to any consultants or contractors shall be issued through AMP Architectural Services.


11. Neither AMP Architectural Services nor the Client shall assign the whole or any part of the benefit or in any way transfer the obligation under the Appointment without the consent in writing of the other.


12. AMP Architectural Services shall not appoint any Sub-consultant to perform any part of the Services without the consent of the Client, which consent shall not be unreasonably withheld. AMP Architectural Services shall confirm such consent in writing.


13. Subject always to the provisions of Clause 2, AMP Architectural Services does not warrant results or outcomes beyond their control, specifically:

  • that the Services will be completed in accordance with any programme or timetable for the Project;
  • that planning permission will be granted;
  • the performance, work or products of others;
  • the solvency of any other appointed body whether or not such appointment was made on the advice of AMP Architectural Services.

Statutory Requirements 


14. The Client shall instruct the making of applications for planning permission and approval under building acts, regulations and other statutory requirements, and applications for consent by freeholders and all others having an interest in the Project. The Clients shall pay any statutory charges and fees, and any expenses and disbursements made in respect of such applications.

CDM Regulations


15. Where applicable, the Client shall comply with his obligations under the CDM Regulations, including the appointment of a competent CDM Coordinator as soon as practicable.

Other Appointments


16. The Client shall appoint and pay any consultants and other persons as may be required under separate agreements.


17. The Client, in respect of any work or services in connection with the Project performed or to be performed by any person other than AMP Architectural Services, shall:

  • hold such person responsible for the competence and performance of his services and for visits to the site in connection with work undertaken by him;
  • hold the Principal Contractor where applicable, and/or other contractors, responsible for his management and operational methods, for the proper carrying out and completion of the Works, and for health and safety provisions on the Site.

Fees and payments


18. AMP Architectural Services fees shall be calculated and charged as set out in either a Letter of Appointment, formal agreement or fee offer as appropriate.


19. Where a percentage basis is to be used, the Architect's fees shall be calculated as a percentage of the total Construction Cost, excluding VAT, when the final valuation has been ascertained and agreed. By total Construction Cost is meant the cost as certified by AMP Architectural Services of all works including site works executed under AMP Architectural Services direction and control.


For calculating percentage fees before the final cost has been ascertained, the following bases shall be used:

  • before the contract is let - the cost estimate by AMP Architectural Services or the appointed consultant; after the contract is let - the contract sum.

20. Time-based fees shall be ascertained in accordance with the AMP Architectural Services rates set out below:-.


21. Lump sums specified in the Appointment, time charge rates and mileage rates shall be reviewed every 12 months from the date on which AMP Architectural Services commenced performance of the Services and may be revised in accordance with the Retail Price Index.

Additional fees


22. Additional fees shall be payable if AMP Architectural Services, for reasons beyond their control, are involved in extra work or incur extra expenses, such as where:

  • the scope of the Services is varied by the Client;
  • it is necessary to vary any item of work commenced or completed due to the nature of the project or changes in interpretation, or enactment or of revisions to laws;
  • services by others are not provided or are delayed;
  • AMP Architectural Services are to provide additional services relating to the settlement of disputes in connection with the Project.

Expenses and disbursements


23. The Client shall pay any expenses specified under the terms of the appointment. Expenses other than those specified shall only be charged with the prior authorisation of the Client. The Client shall reimburse AMP Architectural Services for any disbursements made on the Client's behalf at cost plus 8%.


Where appropriate the following charges will apply:-


Mileage rate 40p pm


Plan Prints         B&W          Colour

A0                       £2.00         £12.00

A1                       £1.75         £8.00

A2                       £1.00         £5.00

A3 copy              £0.35         £1.75p per sheet

A4 copy              £0.10         £0.80p per sheet


24. AMP Architectural Services shall maintain records of time spent on Services carried out on a time basis, and of expenses and disbursements, and shall make these available to the Client on reasonable request.

Payments by Client  


25. Payments under the Agreement shall become due to AMP Architectural Services on issue of their accounts. The final date for such payments by the Client shall be 30 days from the date of issue of an account. AMP Architectural Services accounts shall be issued at intervals of not less than one month and shall include any additional fees, expenses or disbursements and state the basis of calculation of the amounts due. Instalments of the fees shall be calculated on the basis of AMP Architectural Services estimate of the percentage of completion of the Work Stage or other Services or such other method specified in the Appointment.

Payment notices


26. A written notice from the Client to AMP Architectural Services:


.1 may be given within 5 days of the date of issue of an account specifying the amount the Client proposes to pay and the basis of calculation of that amount; and/or


.2 shall be given not later than 5 days before the final date for payment of any amount due to AMP Architectural Services if the Client intends to withhold payment of any part of that amount stating the amount proposed to be withheld and the ground for doing so or, if there is more than one ground for doing so or, if there is more then one ground, each ground and the amount attributable to it. If no such notices are given the amount due shall be the amount stated as due in the account. The Client shall not delay payment of any undisputed part of an account.


27. Any sums remaining unpaid 30 days after the Client's receipt of an account from AMP Architectural Services shall bear interest at 8% over Bank of England Base Rate.

Payment on suspension or termination


28. If the Client or AMP Architectural Services suspends or terminates performance of the Services, AMP Architectural Services shall be entitled to payment of any part of the fee or other amounts due at the date of suspension or termination on issue of AMP Architectural Services account in accordance with clause 25.


29. Where the performance of the Services is suspended or terminated by the Client or suspended or terminated by AMP Architectural Services because of a breach of the Agreement by the Client, AMP Architectural Services shall be entitled to payment of all expenses and other costs necessarily incurred as a result of any suspension and any resumption or termination on issue of AMP Architectural Services account in accordance with clause 25.


30. The Client shall pay any Value Added Tax chargeable on the net value of AMP Architectural Services fees and expenses.

Copyright


31. AMP Architectural Services owns the copyright in the work produced by them in performing the Services and generally asserts the right to be identified as the author of the artistic work/work of architecture comprising the Project.

Licence


32. The Client shall have a licence to copy and use and allow other consultants and contractors providing services to the Project to use and copy drawings, documents and bespoke software produced by AMP Architectural Services in performing the Services, hereinafter called 'the Material' but only for purposes related to the Project on the Site or part of the Site to which the design relates.

Such purposes shall include its operation, maintenance, repair, reinstatement, alteration, extending, promotion, leasing and/or sale but shall exclude the reproduction of AMP Architectural Services design for any part of any extension of the Project and/or for any other project.


Provided that:


.1 AMP Architectural Services shall not be liable if the Material is used for any purpose other than that for which it was prepared;


.2 in the event of any permitted use occurring after the date of the last Service performed under the Agreement and prior to practical completion of the construction of the Project, the Client shall:


(a) where AMP Architectural Services has not completed Detailed Proposals (Work Stage D), obtain AMP Architectural Services consent, which consent shall not be unreasonably withheld; and/or


(b) pay to AMP Architectural Services a reasonable licence fee where no licence fee is specified in the appointment;


.3 in the event of the Client being in default of payment of any fees or other amounts due, AMP Architectural Services may suspend use of the licence on giving 7 days' notice of the intention of doing so. Use of the licence may be resumed on receipt of outstanding amounts.  

Rights of Third Parties 


33. For the avoidance of doubt nothing in this Agreement shall confer or purport to confer on any third party any benefit or right to enforce any term of this Agreement.

Suspension and termination


34. Either the Client or AMP Architectural Services may by giving reasonable notice to the other suspend or terminate performance of the whole or part of the Services. If the performance of any or all of the Services suspended is not resumed within 6 months, AMP Architectural Services may by notice in writing to the Client terminate the Appointment.


35. In the event of the Client being in default of payment of any fees or other amounts due, AMP Architectural Services may suspend his obligations under the Agreement by giving at least 7 days' notice in writing to the Client of the intention to suspend performance stating the grounds for doing so and the Services affected. AMP Architectural Services shall resume performance of the affected Services on receipt of the outstanding amounts.

Dispute resolution


Negotiation or conciliation


36. In the event of any dispute or difference arising out of the Agreement, the Client and AMP Architectural Services may attempt to settle such difference or dispute by negotiation.

Adjudication


37. Any dispute or difference arising out of this Agreement may be referred to adjudication by the Client or AMP Architectural Services at any time. The application procedures and the Agreement for the appointment of an Adjudicator shall be as set out in the 'Model Adjudication Procedures' published by the

Construction Industry Council current at the date of the reference.

Naming or nomination of an Adjudicator


38. Where no Adjudicator is named in the Agreement and the parties are unable to agree on a person to act as Adjudicator.

Arbitration


39. When either the Client or AMP Architectural Services require any dispute or difference to be referred to arbitration the requiring party shall give notice to the other to such effect and the dispute or difference shall be referred to the arbitration and final decision of a person to be agreed between the parties or, failing agreement within 14 days of the date of the notice.

Asbestos and Toxic Mould


40. Notwithstanding anything to the contrary contained in this Agreement, the consultant shall not be liable either directly or indirectly for the innocent specification and/or failure to detect the presence of materials of a toxic nature including, but without however, in any way seeking to limit this clause, toxic mould and any form of harmful asbestos based product which may be present in the development.

Parties to initial


As referred to in the Letter of Appointment dated                             between (Client) & AMP Architectural Services

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