Conditions of Engagement and Contract

1. The Client is the person, company, authority or other body who instructs the Company to carry out the work. The Contract is between the Client and the Company.

2. Unless otherwise amended the appointment will be in accordance with the Association of Consulting Engineers Conditions of Engagement 2009 or the latest revision thereof, inclusive of all current amendments.

3. The scope, nature and requirement of the work will be agreed in writing between the Client and the Company prior to commencement of work.

4. Notwithstanding anything to the contrary contained in this Agreement, the liability of the Consultant under or in connection with this Agreement whether in contract or in tort, in negligence, for breach of statutory duty or otherwise (other than in respect of personal injury or death) shall not exceed the sum of two times the fee paid to the Company.

5. The Company will make every effort to meet the start date and programme for the work, but cannot accept any responsibility for delays or consequential costs however caused unless such delay or costs arise as a result of the failure of the Company to exercise reasonable skill care and diligence.

6. Invoices will be rendered on a lump sum, ad valorem or time charge basis at the agreed amount.

7. Nothing in these Conditions of Engagement and Contract confers or purports to confer any third party any benefit or any right to enforce any term of this contract.

8. In addition to the time charge costs, invoices will include reimbursable costs and expenses associated with the work for travel, accommodation, subsistence, printing, computer and any other reasonable expenses.

9. Invoices will be rendered fortnightly or on completion of each stage of work unless otherwise agreed by the Company.

10. The payment of invoices shall not be dependent on the completion of other work elements, either on the same or different projects.

11. Where third party services are contracted for by the Company in order to complete the work for the Client, the Company reserves the right to render interim invoices to recharge the cost and management of third party services to the Client.

12. VAT will be applied at the standard rate on all invoices rendered for sites within the UK. 13. Payment is due on date of invoice and accounts should be settled in full within 20 days.

14. Where payment is unduly delayed, the Company reserves the right to charge interest on overdue invoices rendered at 8% above the Bank of England base rate, and compensation, in accordance with the Late Payment of Commercial Debts (Interest) Act, 1998 as amended by the Late Payment of Commercial Debts Regulations 2002.

15. These Conditions of Engagement and Contract shall be governed by and construed in all respects in accordance with the laws of England and each party hereby submits to the non-exclusive jurisdiction of the English courts.

16. Without prejudice to any other exclusion or limitation of liability, damages, loss, expense or costs the liability of the Company for any claim or claims under this Conditions of Engagement and Contract shall be further limited to
such sum as it would be just and equitable for the Company to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims (“the loss and damage”) and on the assumptions that:

i. All other consultants, contractors, sub-contractors, project managers or advisers engaged in connection with the project have provided contractual undertakings on terms no less onerous than those set out in these Conditions of Engagement and Contract to the Client in respect of the carrying out of their obligations; and

ii. There are no exclusions of or limitations of liability nor joint insurance or co-insurance 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

iii. All such other Consultants, Contractors, Sub-contractors, Project Managers or Advisers have paid to the Client such sum as it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss and damage.

17. No actions or proceedings under or in respect of these Conditions of Engagement and Contract whether in contract or in tort in negligence or for breach of statutory duty or otherwise shall be commenced against the Company after the expiry of 2 years following completion of the services or such earlier date that may be prescribed by law.

18. No party other than the Client shall rely on, have entitlement to use, or have the benefit of, the deliverables (including but not limited to reports, designs and specifications) except with the express written permission of Knockmoy Limited. Assignment of documents, issuance of letters of reliance and/or signing of collateral warranties will incur a fee, payable by the client or other agreed third party.

19. Any change to these Conditions will only be binding if agreed in writing. Where the change in Conditions is significant (i.e. the Client wishes to impose his own appointment documents, or requests signature under a deed), a fee will be charged to the Client to meet Knockmoy Limited’s costs and time incurred, and any extended period of liability.

20. Unless specifically included within the fee proposal, or in other written communication, the fee applicable for assignment, letter of reliance or collateral warranties, and/or any acceptance of alternative conditions, shall be 10% of the contract (or tender or proposal) value, subject to a minimum fee of £500, plus VAT.

21. Each Party shall be excused for failure to perform or for delay in performance hereunder if such failure or delay is due to causes beyond its reasonable control or force majeure.

22. The Client will obtain all licences, sanctions or authorities required by law or otherwise for the execution of the Contract, as well as any wayleaves, rights of way or access as may be necessary. All taxes, duties, imposts or other charges howsoever arising from the Contract shall be borne by the Client.

23. The Company shall not be responsible for and shall be indemnified in respect of any damage, injury or loss arising from any action or omission, whether negligent or otherwise of the Client, the Main Contractors or their Employees and the Client shall indemnify the Company against any loss or damage or expense suffered by us as a result of any dangerous defect in the site which has not been disclosed in writing to the Company beforehand.

For more information about our Conditions of Engagement, please contact us.