Terms and Conditions
All lump Sum fees are inclusive of overheads and profit, but do not include large format [iso A1 and larger] printing, or the cost of any NBS Specifications or Appointment Contracts which will be required to be purchased. I will provide a summary of these costs on request. You do not have to agree to complete all work-stages at the outset; however, to enable me to adopt the role and duties of Principal Designer for the pre-construction phase, I required that I complete all work-stages up to and including the Technical Design work-stage. You can request additional work-stages at a later date, or not at all. I will ask you to sign for any work-stage you require, and will start each work-stage when payment for the preceding work-stage is received. I will provide a copy of the RIBA Domestic or Concise Project Agreement 2010 (2012 revision): Architect [our contract] which, save for the terms in this Fee Proposal which will take precedence, will form the terms and conditions of our agreement. I have attached a draft of the Agreement for your reference. VAT is not chargeable on my account as I am not registered, but if this changes I will let you know. This Fee Proposal does not include for any other professional fees, or any statutory authority fees; I will advise you on any other professional services required. Fees for any additional services will be charged at an hourly rate or lump sum, and must be agreed in writing with the Client before any work is commenced. Drawings will be issued in hard copy and pdf format only. Editable versions of electronic files will not be issued. A non-editable version of the BIM [3d building information model] will be provided in BIMx format for illustration and visualisation purposes only; it is not suitable for the purpose of measurement or generation of any other documentation by any third party. A free BIMx viewer can be downloaded to view and navigate the 3d model on desktop pc or mac, or on ipad, tablet etc. I will provide a web link to the download page. Atherstone White Architecture will not be liable for any damage, failings or loss, relating to any element of the design which is a consequence of any designs, acts or omissions of any third party. I have prepared this quote presuming that: you will appoint a Structural Engineer for the project; one who is a member of the Institute of Structural Engineers, and who has suitable professional indemnity insurance for your project; the Engineer will produce their own calculations and drawings, however, they can use the BIM as a reference model provided they check / ascertain all critical dimensions on-site. I will arrange a fee proposal from an Engineer when the planning drawings are ready, and request confirmation of your agreement with the Engineer before asking the Engineer to proceed. I am happy to work with an alternate Engineer of your choice, but this would be subject to confirmation of their qualifications and insurances. I may also have to amend my fee for the Technical Design Stage depending on the level of information provided by the alternate Engineer. My liability to you will expire after six years from completion of the Services or, if earlier, after practical completion of the construction of the Project or such earlier date as prescribed by law. My maximum liability to you for loss or damage will be limited to £500,000 in respect of each and every claim or series of claims arising out of the same originating cause, within an overall cap of £500,000 for all claims. I shall maintain until the expiry of the liability period, professional indemnity insurance cover for that amount. My aggregate cover for asbestos claims is £1,000,000. My liability shall be limited to that proportion of loss which it would be just and equitable to require me to pay having regard to the extent of my responsibility for the same and on the basis that those other contractors, consultants and suppliers who were engaged in connection with the project to which this Fee Proposal relates shall be deemed to have provided contractual undertakings on terms no less onerous than this Fee Proposal to you in respect of the performance of their services and shall be deemed to have paid to you such proportion as it would be just and equitable for them to pay having regard to the extent of their responsibility. I should be pleased to provide documentary evidence of the insurance, if required. In providing the Services I will exercise reasonable skill and care in accordance with the normal standards of my profession; notwithstanding anything to the contrary contained in this Fee Proposal, I shall not be construed as owing any greater duty or obligation than the use of reasonable skill and care in accordance with the normal standards of my profession. Notes on the use of BIMx viewer systems: The use of a Google Cardboard viewer or any other viewer system with the BIMx model is entirely at the user’s own risk. Atherstone White Architecture shall have no liability for any loss or damage whatsoever and howsoever arising from such use. Product safety information from Google below. See vr.google.com/product-safety/ • Take frequent breaks while using Cardboard. If you experience nausea, discomfort, eye strain or disorientation, discontinue using Cardboard immediately. • Cardboard is not for use by children without adult supervision. • Do not use Cardboard while driving, walking or in any way that distracts you from real-world situations and prevents you from obeying traffic or safety regulations. Do not drive or operate heavy machinery immediately after using Cardboard if you feel impaired or disoriented. • If you have had, or could be prone to seizures, consult a doctor before using Cardboard.