Terms & Condition Design Services

Martin Surveying Associates Limited

Terms and Conditions of Engagement

Design Services

Martin Surveying Associates Limited will carry out the professional services described above.

The copyright of all designs, drawings, reports, Awards, models, specifications, bills of quantities, calculations and any such other documents prepared by Martin Surveying Associates Limited or its consultants (‘the Documents’) shall remain vested in Martin Surveying Associates Limited unless otherwise agreed, in writing. However, subject to Martin Surveying Associates Limited having received payment of any fees properly due and owing, Martin Surveying Associates Limited grants a licence to the client to copy and use the Documents for the services at the above property only (not including any extension of the project or works) so as to allow for the efficient execution of the works. Martin Surveying Associates Limited shall not be liable for any use of the Documents for any purpose.

Where it is considered that other consultants, specialist contractors or sub-contractors are required to undertake part of the design work, Martin Surveying Associates Limited on behalf of the client shall appoint such consultants, specialist contractors or subcontractors and suppliers, and ensure they are have professional indemnity insurance. Martin Surveying Associates Limited shall not be responsible for the quality of the work and performance of these consultants, specialist contractors or subcontractors and suppliers, or payment of their fees unless otherwise agreed in writing.

Where necessary Martin Surveying Associates Limited shall co-ordinate the design work of the other consultants, specialist contractors or sub-contractors and integrate it into the overall design for which it is responsible for an agreed additional fee to the above where appropriate. However Martin Surveying Associates Limited shall not be responsible for the performance of such persons.

Martin Surveying Associates Limited shall not be responsible for the performance of a building contractor, or for the failure of a building contractor, to complete the building work in accordance with the contract entered into between the client and building contractor.

Martin Surveying Associates Limited reserve the right to employ the use of consultants, contractors or sub-contractors in the provisions of the above instruction/service with part of or the whole of their duties required to complete the instruction/service assignable.

No guarantee is given by Martin Surveying Associates Limited that the design or works will receive the necessary statutory approvals.

Our charges for providing the service will be based upon time involved in accordance with the Schedule of Charges set out below or as explicitly stated above. The time involved for providing the service will also include time expended in dealing with incoming and outgoing correspondence, email correspondence and telephone calls. Our account will be submitted upon completion of our instructions although, according to progress in the matter, we reserve the right to submit interim accounts on a monthly basis.

Where the instruction is subsequently terminated or postponed by the Client there must be 14 days written notice provided to Martin Surveying Associates Limited with acknowledged receipt from Martin Surveying Associates Limited. In such circumstances Martin Surveying Associates Limited are entitled to charge a fee based on the Schedule of Charges set out below for the time spent on providing the service up to the date of termination or postponement. Such fee to not be greater than the fee stated in the table above if any.

Martin Surveying Associates Limited reserve their right to terminate their instruction any anytime and in such circumstances shall not be liable for any losses suffered by the Client howsoever arising.

We will seek reimbursement of reasonable out-of-pocket expenses as detailed in Clause 18 where appropriate. These out-of-pocket expenses will be invoiced after they have been incurred.

All payments must be made to the bank details provided by MSA Ltd. Payment schedule is as follows:

Payment for measured survey is due on signing and returning the terms and conditions.
Payment for existing and proposed planning drawings is due when planning application is ready for submission.
Payment for building control drawings is are due when planning application is ready for submission.

Bank:
Sort Code:
Account Number:
Account Name:
Reference:

In the case of Clients “acting in the course of a business” (as defined by the Late Payment of Commercial Debts (Interest) Act 1998 (“the Act”)) we reserve the right to claim late payment interest and compensation in accordance with the Act.

In respect of Clients not “acting in the course of a business” (as defined by the Act) we reserve the right to claim interest at 5% above the base rate of Barclays Bank PLC from time to time on sums outstanding from the due date.

In all cases we will be entitled to be fully indemnified against all legal costs (on an indemnity basis) and all other costs and expenses incurred in connection with any proceedings or the contemplation of any proceedings to recover any outstanding amounts.

A copy of our complaints handling procedure is available upon written request from Mr Ian Martin, who will handle your complaint on behalf of the firm. The second stage of our complaints handling procedure involves provision for you to take your case to an independent third party redress mechanism should you wish to do so. For consumer and business clients this is the Centre for Effective Dispute Resolution, 70 Fleet Street, London EC4Y 1EU, Tel 0207 536 6116, email applications@cedr.com

At their discretion Martin Surveying Associates Limited have your consent to display an advertising site board at the property for the duration of the works and use selective images of the works or property on their website/social media.

Schedule Of Charges

Scale of Rates

Rate (£ per hour)
Ian Martin:
£180.00 plus VAT

Vernon Siva:
£180.00 plus VAT

Other Consultants:
£180.00 plus VAT

The Scale of Rates will be reviewed annually on 1st May.

Unless otherwise stated the following expenses are recoverable if appropriate:

Travel

Travel time will be based on the normal journey time and the first hour charged the standard hourly rate. Journey time after the first hour will be charged at 50% of the standard rate.

Travel disbursements

Motoring – £0.45 per mile
Parking – at cost

Where appropriate public transport, accommodation, etc. will be charged at cost for standard class rate.

Other Expenses

Disbursements e.g. photocopying, travel costs, large format printing (drawings, etc.),
specialist printing (photographs, etc.), mapping licence fees, etc. will be charged at cost.

Disbursements for outside services (e.g. couriers, etc.) will be charged at cost plus an administration charge of 10%.

Work undertaken by necessity outside normal office hours (i.e. Monday to Friday 9.00 am to 5.30 pm) will be charged at 1.5 times the Scale of Rates in Clause 8.Schedule of Charges.

All charges are plus VAT which is charged at the standard rate currently set at 20%.