Terms and Conditions

(Updated March 2016)

Application and entire agreement

These Terms and Conditions apply to the provision of the service detailed in our quotation (services) by AIM DESIGN NORTH EAST LIMITED a company registered in England and Wales under number 9066411 whose registered office is at HARDY HOUSE, 82 OAKWOOD, TYNE AND WEAR, NE10 8LX

The Client is the person, company, authority, agency or other body who instructs AIM DESIGN NORTH EAST LIMITED to carry out the work.

Reference in these Terms and Conditions of Business to "we", "our" and "us" shall be read to as AIM DESIGN NORTH EAST LIMITED

The Contract

The contract is between the Client and the AIM DESIGN NORTH EAST LIMITED and relates to the development.

"Parties" i) AIM DESIGN NORTH EAST LIMITED

ii) Client The Client

"Project" iii) Project Address The Development

Sub-Contracting

We do not sub-contract, yet referrals for contractors is available on the service page of our website. Using the contractors will be at the clients own risk and in an unlikely event an issue occurs during the work this will be between the client and contractors firm.

Delivery of Project

Delivery of the Project shall be to the location reasonably specified by the client and unless notified to the contrary will be the address listed on the attached fee proposal.

If the client refuses or fails to take delivery of the Project tendered in accordance with the Contract, we shall be entitled to immediate payment in full for the Project and to store the same at the risk of the client.

Time for Performance

All performance times mentioned in any negotiations including the fee proposal or other document are approximate only and not of any contractual effect. We shall not be liable for any expense loss or damage whatsoever arising directly or in-directly out of or in any way connected with any delay in performance. Late performance does not entitle the Client to reject the Project, terminate the Contract or withhold any part of the price.

Copyright in all intellectual property documents, architectural design(s) & drawings prepared by us and in any works executed from those documents shall vest with us alone.

The Client is hereby granted a non-exclusive non-assignable licence to use any drawings or documents only for the Project

We shall not be liable for any use by the Client of intellectual property documents, architectural design(s) & drawings for any purpose other than that for which the same were prepared by or on behalf of the Firm.

Any documents, text or drawings prepared by us under this Agreement that could be affected by either the Property Misdescriptions Act 1991 or the Property Misdescriptions (Specified Matters) Order 1992, should not be included in any statements about land (which includes

Price

Subject to this clause the price shall be the price specified in the proposal. Where no price has been specified and work has been contracted to us from an "Umbrella Company" the price shall be calculated by multiplying time spent on the Project (and depending on the scale of work) by our currently hourly rate starting at £25.00 per hour.

Planning Application and Local Authority consultation fees and surveys are excluded from all fee proposals and all such fees will be paid directly by the Client to the Local Authority unless stated otherwise in the consultation for the project.

All fee proposals exclude for NHBC, Building regulation and Local Authority consultation fees and survey costs. Such fees will be paid direct by the Client to the Local Authority concerned. Where a fee stage is related to a Local Authority decision, this is understood to be a committee resolution rather than the issue of a decision notice, which may be related to other legal agreements. By its very nature the Permission itself is beyond our control, no guarantee that it will be granted can be given.

Payment Terms

A 35% deposit will be invoiced to the client before the first part of the project commences.

Invoices will be submitted on a regular basis, based on the agreed programme of works & are strictly seven days (7) days unless otherwise noted as detailed within fee proposals.

In accordance with The Late Payment of Commercial Debts (Interest) Act 1998, please note that interest may be added at 5% above the Bank of England base rate, if the invoice is not settled within seven (7) days from invoice date.

In the event that payment is not forthcoming within the prescribed 7 days, we retain the right to stop work on any outstanding project for the Client.

Description, Quality & Damage to Goods

Upon delivery, the Client shall examine the Project forthwith and it is the responsibility of the Client to establish any errors.

Any claims that the Project is not accordance with the Quotation or the Client’s requirements must be communicated in writing to us within 7 days of delivery. The project must be preserved in the condition delivered pending an investigation by us.

If the Client fails to notify or report in accordance with these terms, the Project shall be deemed for all purposes to have been properly done and delivered to and accepted by the Client. The Client shall be bound to pay for the same in accordance with the Contract.

Whilst all reasonable care will be taken to research Planning histories and site surveys, information with Local Authorities, Statutory Undertakers and other relevant bodies, we cannot be held responsible or liable for any errors or omissions which may result from the information supplied by these bodies.

CDM Regulations

The Client hereby acknowledges the they have been informed of their duties imposed on them by Aim Design in accordance with the Construction (Design and Management) Regulations 2015 the essential being that the Client appoints a Principal Designer if more than two trades are required to be appointed, to ensure compliance with Regulation 5(1)(a) to perform specified duties in Regulations 11 and 12.

The Fee agreement does not include any duties or responsibilities of the Principal Designer.

The appointment of the Principal Designer shall be made directly by the Client. Aim Design undertakes to carry out such duties as applicable in its role as Designer in accordance Regulation 9.

Duty of Care

We shall exercise all reasonable skill, care and diligence in the performance of services relating to the Project.

General

For the avoidance of doubt, nothing in this agreement is intended to confer on any third party any benefit or the right to enforce any term of this agreement pursuant to the Contract (Rights of Third Parties) Act 1999.

Governing Law – These Terms shall be governed by and constructed in accordance with the Laws of England and AIM DESIGN NORTH EAST LIMITED and Client hereby submit to the jurisdiction of the English Courts

Formal written acceptance of the associated fee quote and standard terms and conditions is required / preferred. However, In the absence of formal appointment documents, the associated fee quote and standard terms and conditions are deemed to be acceptable.