Unless otherwise agreed the following Terms and Conditions shall apply to any project between Tragere and the client.
• Tragere shall carry out such services as defined in the scope of work for an agreed fee, or at an agreed hourly rate, for the service.
•Tragere will also carry out additional services as agreed as a variation to the original scope of work.
• Tragere will advise the Client if the services of additional specialist consultants are required and will act as lead consultant where it is mutually agreed to so do. This is not always possible to determine until later in the projects.
• Where the Client requests Tragere to act as Principle designer or review of others’ work to co-ordinate and integrate the work of third parties, Tragere will not be responsible for the detailed work of the other parties or for any defects or omissions.
• Tragere shall exercise all reasonable and professional skill, care and diligence in the performance of the services.
• Tragere shall use reasonable endeavours to adhere to any programme agreed for the services.
• Where it is clear that the extent of the services required is greater than originally envisaged Tragere will, as soon as practical, advise the Client of any additional fee requirement and/or date for completion.
• The Client shall supply to Tragere, without charge or delay, all relevant information necessary for Tragere or any sub-consultant, to deliver the agreed services.
• The Client shall ensure that they have a representative authorised to make decisions on their behalf.
• The Client shall ensure that any request by Tragere for a decision on a variation to an existing agreement is made promptly and before any service, additional to the existing agreement, is carried out.
• The Client shall ensure that payments due to Tragere are paid by the date listed on the invoice. The invoice and accompanying email will be representative of the agreement.
• Professional fees quoted are exclusive of VAT and disbursements unless otherwise specified, which will be charged to the client.
• If any part of any Invoice is contested, full payment shall be made for all items not contested.
• Contractual arrangements between the Client and other parties shall not be grounds for non-payment to Tragere.
• The fee does not include for Tragere to act as Principal Designer in respect of CDM 2015. It is assumed that another member of the project team will act as Principal Designer for all aspects of the project.
• Tragere will not accept any liability, under any circumstances, in respect of pollution or contamination.
• The total liability of Tragere is limited to either (whichever is lowest):
(a) The limit of Tragere’s Professional Indemnity Insurance
(b) Such limit in proportion to the services provided by relative to the total services provided.
• The Client shall indemnify Tragere against all claims in excess of the total liability of Tragere.
• Tragere cannot accept Agreements with Liquidated Damages or with responsibility for Consequential Losses.
• Tragere reserves the right to charge an appropriate fee for the provision or review of any letters/contracts associated with assignment of warranties.
• If incorrect information is provided to us from either a third party or from our clients, then we are held free from any delays or costs incurred due. This may involve adding additional costs to our fees to cover our time.
• It is the responsibility of the client to check all quotations, invoices, and scope of works to ensure it is correct. Any errors must be brought up immediately, to be amended.
• All deliverables, e.g. drawings, contracts, assessments, studies e.c.t are copyrighted and cannot be distributed, shared, copied, altered, used as a basis of further work. With permission from Tragere and request from the client, the copyright can be transferred.
• Tragere reserves the right to publicise its involvement in a project, however we aim to take measures to ensure no sensitive project information will be revealed publically. Clients may request to have Tragere remove public involvement with good reason.
• Once building regulations drawings or structural calculations have begun it is not permitted to alter the design as it will affect the calculations and designs underway. If it is required for a change of design, then there may be additional charges incurred due to repeat work.
• Payments for our services must be paid inline with the payment schedule laid out for your project and should be made within 14 days of having been requested, unless otherwise stated.
• It is the clients responsibility to have a level of competency inline with the complexity of the project they are undertaking, to ensure they understand what specialists are required.
• Fire Engineer Drawings are to be completed by a suitable specialist, and are not included within our scope of work.
• M&E drawings are to be completed by a suitable specialist and are not included within our scope of work.
• It is expected that competently qualified contractors will be used
• If the client spots any error in our drawings or on site, this must be raised to us immediately.
• If any payment is made from a different bank account from which the quotation or invoice is specified, this must be relayed to us in writing. It is not the responsibility of Tragere to cross-reference.
• This Terms and Conditions Document will be typically supplied alongside the quotation and scope of work email. Initial payment of our services is agreement of our T&Cs.
• Non-contest of our terms and conditions is agreement of our T&Cs.
• It is the client’s responsibility to release the information on whether a property has a listed status or is within a conservation area. Whilst we try to review all property’s the best we can to see if they are included within this. We may not always be able to identify this.
• It is the client’s responsibility to ensure that a heritage consultant is employed for any listed buildings or conservation area properties. Unless specified, heritage services, such as conservation surveys, heritage statements or impact assessments or any other heritage services are not included.
• If our invoices or requested payments are overdue or not paid, without valid reason – Tragere reserves the right to add interest of 8% + base rate/annum to the overdue balance, until it is paid. All legal fees or debt collection fees if applicable will be reclaimed in addition.
