EPC Commercial Scotland

EPC Commercial Scotland
53 Frederick Street, Edinburgh, EH2 1LH
Phone: +44 (0)131 620 1145
Email: info@epc-commercial.co.uk

EPC Commercial Scotland provides Commercial EPC's direct
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Synergy Surveying Team
Commercial EPC Edinburgh Terms and Conditions
The following terms and conditions shall apply to all work undertaken by SYNERGY SURVEYING LIMITED employed by the Client and shall supersede and override all other warranties, representations and terms and conditions whether express or implied, oral or written, including the Client's standard terms issued at contract award.
1. Definitions
"SYNERGY SURVEYING LIMITED" or the "Company" is SYNERGY SURVEYING trading under these conditions that are set out by the Company, Client "Synergy Surveying Limited" is the party at whose request or on whose behalf SYNERGY SURVEYING undertakes surveying services. "Report" means any report, advice or statement supplied by SYNERGY SURVEYING LIMITED in connection with instructions received from the Client. "Disbursements" means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, refreshments and hotel accommodation where an overnight stay is necessary. "Fees" means the fees charged by SYNERGY SURVEYING LIMITED to the client including value added tax where applicable and any Disbursements.
2. Scope
SYNERGY SURVEYING LIMITED shall provide services solely in accordance with these terms and conditions. Where appropriate, Synergy Surveying will set out in writing the services which it requires the Client to provide when acting for underwriters or other Companies, SYNERGY SURVEYING’s opinions will be offered strictly without prejudice to liability, unless specifically authorised otherwise by Synergy Surveying Limited.
3. Fees
In normal circumstances, the Company will offer to perform the work on an hourly rate, up to a maximum of nine hours per day. The Company reserves the right to increase its hourly or daily rates at least once per annum to reflect increased costs.
4. Payment Terms
(a) In the case of billing, the Client will be responsible for his designated portion of SYNERGY SURVEYING LIMITED’s invoice and shall pay the fees punctually in accordance with these Conditions and in any event not later than 30 days following the relevant invoice date. Any delay in payment shall entitle SYNERGY SURVEYING LIMITED to interest on a daily basis at 4% above the Base Lending Rate of Barclays Bank Plc. prevailing at the time of default. Further delays in payment may require legal action for debt recovery. (b) The same terms and conditions as (a) above shall apply to single party billing.
5. Disputed invoices
If any part of an invoice is genuinely in dispute, the Client shall pay the undisputed part thereof. The Parties shall endeavour to resolve the disputed portion, without delay.
6. Obligations and Responsibilities
(a) SYNERGY SURVEYING LIMITED SYNERGY SURVEYING LIMITED shall use reasonable care and skill in the performance of the services in accordance with good building surveying practice. (b) Reporting SYNERGY SURVEYING LIMITED shall submit interim advices, site situation reports and a final report to the Client during and following completion of the agreed services describing SYNERGY SURVEYING LIMITED’s findings, assessments and inspection purporting to the purpose of the Clients instruction, unless otherwise expressly instructed by the Synergy Surveying Limited not to do so. (c) Confidentiality SYNERGY SURVEYING LIMITED undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a competent court of law. (d) Intellectual Property The right of ownership in respect to any intellectual property resulting from the performance of the work created by SYNERGY SURVEYING LIMITED remains the property of SYNERGY SURVEYING LIMITED. Synergy Surveying Limited shall be entitled to disclose the report or document to a third party for whose benefit the instruction/contract was specifically commissioned. SYNERGY SURVEYING LIMITED shall promptly notify the Client of any matter, including conflict of interest, or lack of suitable qualifications and experience, which would render it undesirable for SYNERGY SURVEYING LIMITED to continue its involvement with the appointment. The Client shall be responsible for payment of SYNERGY SURVEYING LIMITED's fees up the date of notification. (e) Client The Client shall promptly settle SYNERGY SURVEYING LIMITED’s invoice in accordance with Payment Terms above.
7. Liability
(a) SYNERGY SURVEYING LIMITED shall be under no liability whatsoever to the Client for any loss, damage, delay or expense, whether direct or indirect arising howsoever caused UNLESS same is proved to have resulted solely from the gross negligence or wilful default of SYNERGY SURVEYING LIMITED or any of its employees or agents or sub-contractors resulting in direct damage to tangible property where the company's liability shall be limited in accordance with paragraph (c) below. (b) SYNERGY SURVEYING LIMITED's total liability for professional negligence shall not exceed the fee paid for the work. (c) SYNERGY SURVEYING LIMITED accepts liability for direct damage to tangible property or death or injury to persons to the extent caused by the proven negligent acts or omissions of the Company and its employers and Consultants, provided that the Company's liability for the same shall be limited to the coverage and indemnity limits provided under the Company's insurance policies (which are available for inspection on request), unless otherwise covered by statute. (d) If SYNERGY SURVEYING LIMITED or any of its employees, agents and sub-contractors shall act or fail to act in any manner which results in an actionable wrong, Synergy Surveying Limited shall, subject to Clauses 8b) and 8c) above indemnify the Client against all claims, damages, costs and expenses made or incurred by a third party arising from any such act or lack of act by the Company.
8. Force Majeure
SYNERGY SURVEYING LIMITED its employees and Consultants, shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war or terrorism, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restrain of princes, rulers or people.
9. Insurance
SYNERGY SURVEYING LIMITED shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the SYNERGY SURVEYING LIMITED may be held liable to the Synergy Surveying Limited under these terms and conditions.
10. SYNERGY SURVEYING LIMITED Right to sub-contract
SYNERGY SURVEYING LIMITED shall have the right to sub-contract any of the services provided under the conditions, subject to the Client's right to discuss such an appointment and object on reasonable grounds if necessary. In the event of such a sub-contract, SYNERGY SURVEYING LIMITED shall remain fully liable for the due performance of its obligations under these conditions.
11. Time Bar
Any claims against SYNERGY SURVEYING LIMITED shall be deemed to be waived and absolutely time barred upon the expiry of one year from the submission date of the report to the client.
12. Document retention
SYNERGY SURVEYING LIMITED shall retain all data, correspondence, documents and records that have a bearing on the services provided to the Client for a period of 7 years after completion of the service. The Client will be given the right to have their own disclosed documentation returned by the Company or destroyed upon completion of the service.
13. Governing Law
This Agreement shall be governed by and construed in accordance with English Law and the Synergy Surveying Limited submits to the exclusive jurisdiction of the English Courts or Arbitration in London, England. Nothing herein shall prevent the Company from enforcing in any country an award made by the above exclusive jurisdiction.