Terms and Conditions
Appointment Contract
Our proposed form of professional services contract is the RIBA Professional Services Contract. Upon acceptance of our proposal, we will send you a copy of the services appointment contract for your review and signature.
Professional Indemnity Insurance
We maintain professional indemnity insurance in respect of our liabilities to you in the sum of £1,000,000 for each and every claim or series of claims arising out of the same originating cause. Documentary evidence of this insurance is available upon request.
Our professional indemnity insurance is subject to exclusions and limitations, particularly concerning certain materials, pollution, and contamination. We can provide further details on request.
Duration of Offer
The fee proposals are offered to the named client only and are valid for a period of four weeks from the date of writing. If our offer is accepted after this period, we reserve the right to re-negotiate the fee.
Intellectual Rights and Copyright
All intellectual property rights arising from our work remain the property of KAR Architects Ltd trading as KAR Studio, unless assigned in writing and after payment of all fees and expenses. Digital CAD Drawings will only be released after payment of all fees and expenses.
KAR Architects Ltd owns the copyright in the drawings and documents produced in performing the Services and generally asserts the Architect’s moral rights to be identified as the author of such work. The Client has a license to copy and use them only for purposes related to the Project, providing that all fees and/or other amounts due are paid.
Complaints and Disputes
In the event of a dispute or difference arising under our appointment, we hope to settle the matter by negotiation or mediation. Alternatively, either party can start court proceedings to settle the dispute at any time, or have disputes decided within 21 days by an adjudicator appointed under the RIBA Adjudication Scheme for Consumer Contracts.
Re-design and Additional Work
Should we be required to carry out redesign work due to changes in the brief or other design issues beyond our control, we reserve the right to charge additional fees – on a time charge or lump-sum fee as agreed with you.
Interest on Unpaid Fees
Interest shall be accrued if payment is not made within 15 days from the date of the invoice. 3% of the outstanding amount shall be added on the 29th day and a further 3% every 7 days thereafter until the fee is paid in full.
Terms of Invoicing and Payment
Payment terms are 14 days from the date of the invoice. Fees are payable for the work produced and do not guarantee statutory approvals.
VAT
In addition to the fees and expenses, the Client shall pay any VAT chargeable on KAR Architects Ltd fees and expenses.
Suspension of Services
The Client or KAR Architects Ltd may, by giving reasonable notice to the other, terminate the performance of the services and/or other obligations, stating the reason for doing so and the Services and obligations affected.
Payment on Suspension or Termination
If KAR Architects Ltd or the Client gives notice suspending or terminating the performance of any or all of the Services, KAR Architects Ltd shall issue an account or accounts and shall be entitled to payment for services rendered and reimbursement of any loss and/or expense properly and necessarily incurred due to the suspension or termination.
Third Party Rights
Nothing in the contract confers or purports to confer on any third party any benefit or any right to enforce any term of the contract.
Planning Conditions
Planning permission may be granted subject to ‘Planning Conditions’. Our fee proposal does not have a provision to clear any conditions imposed by the relevant council. KAR Architects Ltd cannot provide a quote for works required to clear planning conditions until the conditions are identified.
3D Visualisation
3D modelling and visualisation are not included within the agreed scope of work unless stated otherwise. KAR Architects Ltd can produce 3D models and visualisations upon request
Utility Checks & Surveys
It is the Client’s responsibility to carry out necessary utility checks, asbestos surveys, drainage surveys, structural surveys, etc. The Client is to inform KAR Architects Ltd in writing if they require coordination of surveys. The Client will be responsible for the cost of any investigations, KAR Architects Ltd’s hourly rate, and any charges made to statutory authorities.
Recognition and Publicity
KAR Architects Ltd assumes the Client grants permission for our input into the project to be duly recognised and publicised. We retain the right to include the project on our website publicity material and all social media platforms. We agree that the project address and the Client’s name will not be referred to without the Client’s consent.
Duty of Care
We will use reasonable skill and care usually used by architects in carrying out the services for a project of similar scope and purpose.
Construction Stage
During the project’s construction stage, we shall visit as per contractual agreement but shall not be responsible for the work or services of others. Should frequent attendance become necessary for any reason, we will discuss additional fees to cover charges incurred by KAR Architects Ltd. This will be agreed with the Client before making any other visits.
Referral Agreement
KAR Architects Ltd may receive a nominal referral fee in the event of a direct agreement between a 3rd party and the Client.
E-Document Transfer
To minimise time and paper waste, all parties will exchange information by e-mail in e-file pdf format.
Insurance (Client)
It is the Client’s responsibility to inform their home insurance and any other relevant insurer of building works taking place on their property at the appropriate time. It is the Client’s responsibility to ensure that the chosen consultants and building contractor carry the correct insurance.
Consumers’ Right to Cancel
Where applicable, cancellation rights under the Consumer Contracts Regulations 2013 apply. The consumer Client has the right to cancel this Agreement within 7 days of it being made, subject to certain conditions and potential charges for services already performed.
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