1.1. Client: The employing organisation identified within the Appointment Proposals.
1.2. Consultant: Companies of The SVM Group
1.3. Date of Appointment: The date of acceptance of the proposals by the Client.
1.4. Appointment Proposals: A separate document prepared by the Consultant outlining the appointment specific Services and terms.
1.5. Services: The scope of services to be provided by the Consultant is as set out in the Appointment Proposals, including any exclusions or qualifications.
1.6. Acceptance: A written or verbal instruction by the Client to commence the Services as set out in the Framework Conditions of Appointment and the Appointment Proposals.
2. Conditions of Appointment
2.1. The Client appoints the Consultant under this Agreement to provide the Services.
2.2. The Appointment Proposals and these Standard Conditions of Engagement shall form the Contract between the Client and Consultant.
2.3. The Consultant shall provide the Services as described in the Appointment Proposals and shall exercise reasonable skill and care in the performance of the Services.
2.4. The Consultant shall use reasonable endeavours to perform the Services in accordance with any programme agreed with the Client.
2.5. The Client shall supply the consultant all necessary and relevant data and information in its possession or the in the possession of any of its contractors or other professional advisers and all instructions, decisions, consents or approvals in good time to avoid delay to the performance of the Services.
3. Professional Fees
3.1. The Client shall pay the Consultant’s fees and expenses for the performance of the Services.
3.2. Unless specifically identified as otherwise, fee proposals set out in the Appointment Proposals are estimates. The final fee shall be calculated on the basis of the actual time expended by the Consultant in completing the Services. Where time based fees are to be paid they shall be calculated by multiplying the hourly rates applicable to the persons concerned by the number of hours spent by such persons in performing the Services including time spent travelling in connection with such Services.
3.3. Time charge fees are based on the following rates:
• Director: £150.00 / hr
• Technical Director: £125.00 / hr
• Associate Director: £104.00 / hr
• Principal Engineer: £ 97.50 / hr
• Senior Engineer: £ 82.50 / hr
• Project Engineer: £ 75.00 / hr
• Technician / BIM: £ 60.00 / hr
• CAD: £ 52.50 / hr
3.4. Payment for the following expenses as is necessary to complete the Services are excluded
• Car Travel: £0.70 / mile
• Rail / Air / Taxi: Charged at cost + 10%
• Printing / Postage / Couriers Charged at cost + 10%
• Accommodation and Subsistence: Charged at cost
• Third Party Information* Cost plus 20%
*Purchase of documents, maps, data, photographs, surveys and the like.
3.5. The Client shall make an additional payment to the Consultant if the Consultant is required to carry out additional work and / or suffers delay or disruption in the performance of the Services for reasons beyond the Consultant’s control, including instructions or decisions by or on behalf of the Client. The Consultant shall if requested by the Client give an initial estimate of the additional payment likely to the charged and how it is calculated.
3.6. Time charge and disbursement rates are reviewed annually at the start of the calendar year and new rates published accordingly at www.svm.co.uk/terms. Services shall be paid at the prevailing rate at the time of invoice. Lump sum and fixed fee agreements are fixed for twelve months from the Date of Appointment. Thereafter, residual fees that remain to be invoiced are indexed by 5% per annum unless otherwise stated in the appointment.
3.7. All fees and expenses shall be paid by instalments by way of monthly interim invoices based on the time related involvement or an agreed drawdown schedule to reflect the progress of the works.
3.8. Accounts are to be paid strictly within 28 days of date of invoice.
3.9. The Consultant fees include a 2.5% discount for prompt payment. Where payment is not received within 60 days from date of invoice, an additional 2.5% will become due on the full amount of the invoice not paid within the 60 day period. Beyond 60 days, outstanding fees will additionally attract interest at a rate of 1% per month.
3.10. The provisions of The Housing Grants, Construction and Regeneration Act 1996
3.11. All sums are exclusive of VAT unless otherwise specified.
4. General & Limitations
4.1. This Agreement represents the entire agreement between the Client and Consultant and supersedes any previous agreement or discussions relating to the Services.
4.2. Nothing in this Agreement confers or purports to confer on any third party any benefit or any right pursuant to the Contracts (Rights of Third parties) Act 1999 or any other applicable law or statute to enforce any term of the Agreement.
4.3. Neither party may assign or transfer any benefits or obligations under the Agreement without the prior written consent of the other party.
4.4. The total professional liability of the Consultant relating to this Agreement shall be a multiple of ten times the total fee paid or £1,000,000 (one million pounds) whichever is the lesser, unless otherwise set out in the Appointment Proposals.
4.5. Without prejudice to any other exclusion or limitation of liability, damages, loss, expense or costs the liability of the Consultant if any for any loss or damage (‘the loss and damage’) under this Agreement shall not exceed such sum as it would be just and equitable for the Consultant to pay having regard to the extent of his responsibility for the loss or damage and on the assumptions that:
4.5.1. all other consultants, contractors, sub-contractors, project managers and advisers engaged in connection with the Project have provided contractual undertakings on terms no less onerous in respect of the carrying out of their obligations in connection with the Project; and
4.5.2. there are no exclusions of or limitations of liability nor joint insurance or coinsurance provisions between the Client and any other party referred to in this clause and any such other party who is responsible to any extent for the loss and damage is contractually liable to the Client for the loss and damage; and
4.5.3. all the parties referred to in this clause have paid to the Client such proportion of the loss and damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss and damage.
4.6. The period of the Consultants liability is from the date hereof to six years after completion of the Services (or termination of the Appointment if earlier) or such earlier date as may be prescribed by law.
4.7. The Consultant exerts Copyright on all drawings, calculations, reports and the like relating to the Services. Documents may not be reproduced or transmitted, in any form or by any means whether electronic, mechanical, photographic, recording or otherwise, or stored in a retrieval system of any nature without the written permission of Consultant.