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Terms & Conditions – Commercial

ADS CONSULT SERVICES & OBLIGATIONS

The function of ADS is to provide the client with civil and structural engineering consultancy services including calculations, reports, plans and details where applicable.

ADS will not be responsible for any works carried out prior to the obtaining of relevant approvals.

ADS will not be responsible for any works carried out which deviate from the recommendations of the documentation provided by ADS.

PAYMENT TERMS

Staged Payments in line with the Quotation.

If a purchase order is required, it must be provided on acceptance of the quotation.

Any errors or disputes should be notified within 7 days of the date of invoicing.

Any errors on invoices will be rectified by ADS as soon as they are advised and such errors will not change the due date for payment, as noted on the original invoice.

All invoices are to be paid in full within 30 days from the date of invoicing by either online bank transfer or cheque (made payable to ADS Structural Limited).

Due fees not received within 30 days will result in all further structural design work being stopped immediately and the further design works will not be progressed until payments are back on schedule. If this situation does occur, ADS will not accept any liability for associated delays to the project.

Interest will be added daily from the date of invoice at a rate of 8% over base rate on payments not received within 40 days of invoice. Please refer to the Late Payment of Commercial Debts (Interest) Act 1998.

Any invoice outstanding beyond the agreed period will be referred to DBH Business Solutions Limited and will be subject to a surcharge to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred, will be the responsibility of the customer and will be legally enforceable.

ADDITIONAL SERVICES

Typical rates to be applied for all works where specific charges have not already been agreed.

  • Director Charge – £115 + VAT per hour
  • Chartered Engineer Charge – £95 + VAT per hour
  • Engineer Charge – £70 + VAT per hour
  • Senior Technician Charge – £55 + VAT per hour
  • Technician Charge – £40 + VAT per hour
  • Mileage Charge – £0.60/mile

CANCELLATION / TERMINATION

ADS reserve the right to cancel its own services.

PROFESSIONAL INDEMNITY INSURANCE

ADS maintain Professional Indemnity Insurance for all works undertaken. A copy of the cover can be made available upon request.

The liability of ADS shall be limited to such a sum as would be just and equitable for ADS to pay having regard to the extent of the responsibility of ADS for the loss or damages suffered on the basis that all other consultants, contractors and any subcontractors who have a liability shall be deemed to have provided contractual undertakings to the client on terms no less onerous than those applying in the case of these terms and conditions and shall be deemed to have paid the client such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for such loss or damage.

Should the insurance cease for any reason, ADS will notify all clients.

GUARANTEE

The time limit for bringing a claim for breach of this simple contract is 6 years from the date on which the cause of action accrued, i.e., when the breach of contract occurs and not when it is discovered, and 12 years if the contract is made by deed. The limitation period in tort is 6 years from the date on which the cause of action accrued (this is extended in cases where the Latent Damage Act 1986 applies). Where there is a claim for negligence (where damage must be shown), the cause of action accrues when the physical damage occurs. If a design liability period of 12 years and/or a collateral warranty is required, then an additional fee may be applicable.

RIGHT TO CANCELLATION

Under the terms of this Contract, you have the right to cancel within 14 days starting the day after the date the contract is entered. Your cancellation rights are more particularly described in the “Cancellation Instructions” below.
 If you do wish to cancel, please use the attached cancellation form.

CANCELLATION INSTRUCTIONS

1. Right to cancel

a. You have the right to cancel this contract within 14 days without giving any reason.

b. To exercise the right to cancel, you must inform us “ADS Structural Limited” of your decision to cancel this contract by clear statement (e.g., a letter sent by post or e-mail) to 107 Mere Grange, Leaside, St Helens, WA9 5GG, or e-mail to info@adsstructural.co.uk. You may use the attached model cancellation form, but it is not obligatory.

c. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

2. Effects of cancellation

a. If you cancel this contract, we will reimburse to you all payments received from you, not including costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

b. We may make a deduction from reimbursement for loss in value of goods supplied if the loss is the result of unnecessary handling by you.

c. We will make the reimbursement without undue delay, and not later than:

i. If there were no goods supplied, 14 days after the day on which we were informed about your decision to cancel this contract.

d. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

e. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.