TERMS & CONDITIONS
TERMS & CONDITIONS
HISTORIC BUILDING ADVISORY SERVICE LIMITED
TERMS AND CONDITIONS OF CONTRACTS
Contracts entered into with the Historic Building Advisory Service Limited are subject to the following conditions:
1 General Conditions
1.1 The use of the terms:
‘we’, ‘us’, ‘the company’, and similar will refer to Historic Building Advisory Service Limited (HBAS).
‘surveyor’, ‘archaeologist’, and the like will refer to a person employed or engaged by the company to carry out such and appropriate works as may be deemed appropriate on their behalf.
‘employer’, ‘client’, ‘member’ and the like will refer to the person commissioning any element of work, whether a fee is requested or not, directly or through an agent or on behalf of another party.
‘site’ will be deemed to include land, buildings, archaeological or other excavation, interior or exterior, or other place where we are working or employed to work at. Sites, their extent and location will be as described and or designated in any quantifying documents specific to that work.
‘survey’ will be deemed to include any similar commissioned work including, measuring, inspecting, recording, archaeology, analysis, interpretation and the like together with any subsequent or parallel reporting, report preparation, etc, whether verbal or in writing or any other format.
‘advice’ shall be taken to mean the provision of any form of information following a direct request from an employer or from any other information contained in any document, website, seminar, etc, published or promoted by the company.
For greater clarification, this paragraph should be read in conjunction with any delivery or offer description attached to or forming part of any tender or similar offer to work.
1.2 We will not commence work until a written confirmation, order or signed agreement is received from the employer.
1.3 The company shall not be held responsible for any delay or failure in performing a contract resulting from circumstances beyond their control. Such circumstances will include without limitation, delay in receiving instructions, delayed receipt of requested information, adverse weather conditions, fire, civil disturbance, terrorist activity, war etc.
1.4 If any provision in these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Conditions and the remainder of the effected provisions shall continue to be valid.
1.5 This contract shall be governed by and construed in accordance with the laws of England and Wales.
1.6 The Company has an official complaints handling procedure, a copy of which is available on request to the company.
2.1 Unless we agree otherwise in writing, the client/employer will be responsible for arranging access to site, and for checking the position of all services (water, sewage, electricity, gas, oil, telecommunications etc) prior to a project commencing and providing that information to the company for their use.
2.2 The surveyor will survey as much of the surface appropriate area/s of the site as is practical and appropriate to that work, but will not survey areas that are covered, unexposed, or not reasonably or safely accessible.
2.3 Where a site is a property that is occupied and/or furnished, floor coverings, wall hangings, fixtures and fittings, and effects may severely limit the extent of the survey of certain internal elements of the building, in particular floor and wall surfaces. The surveyor will in such circumstances carry out as detailed a survey as is possible to the appropriate level of work, but the client/employer must appreciate that the examination of such parts of the building will necessarily be incomplete and HBAS will be unable to report as comprehensively as would be the case for an unfurnished property.
2.4 It is assumed that the client/employer will supply/will have supplied HBAS with a copy of any relevant Asbestos Register, or similar giving type and location of hazardous materials and/or working conditions within or around the site, free of charge at the time of tendering. Costings included within any quotation/tender supplied by HBAS will be deemed to take into account any precautions necessary for working on the site in connection or in relation with any such hazardous materials or working conditions disclosed by the client/employer. If subsequent to the commencement of HBAS working on site any undisclosed hazardous materials or working conditions are revealed/discovered, this will be notified immediately to the client/employer. At that time a review of working procedures/methods will be implemented by HBAS and any increase or further costs involved from what ever circumstance created by the change in procedures will be invoiced directly to the client/employer in addition to any previously quoted or tendered sum.
2.5 Where potentially hazardous materials may be seen as part any survey and/or is subsequently noted, this should be considered as being for reference purposes only. This may include such items as lead water piping or asbestos sheeting and should be considered as a matter of general warning, and any report containing that information should not be construed as an asbestos or other related hazardous material survey. Other materials such as heavy metal (lead, arsenic, etc.) based paints and other coatings or floor, ceiling or wall tiles that may contain asbestos may be identified where we are reasonably confident that those elements are present. Any reference in a report to or of any such hazardous item or substance should not be taken to construe that it is a specialist Asbestos Survey or any similar inspection related to the material identified. No report will set out to approve, validate, or offer any indication of the content or absence of hazardous substances in or around the property whether actual or implied. It will be necessary for further testing by others to identify the amount of hazardous content and type if any. Similarly, no advice or guidance is given in any report as to any remedial or corrective works that may be necessary. The non-inclusion of mention of hazardous materials in a report should not be construed as implying that there are no such materials in or around any part of any building or structure that may be inspected.
2.6 It is deemed that the employer and/or their agent will have provided HBAS with copies of all Asbestos Registers or other similar notification of hazardous material in and around any building that form part of any associated work or site involved with this project. Without such notification, HBAS will assume that there are no hazards within the area of the site in which we are required to work. If such hazards subsequently come to light, HBAS reserve the right to alter and adjust their work or working patterns, etc to cope with such problems and all additional or varied costs will be charged additionally to any agreed contract of other sums.
2.7 The survey will identify areas that would normally be inspected, but which were unable to be inspected in whatever level compared to the main site/fabric and where only brief or no comments have been made. The survey will also indicate where further access should be obtained or formed and furthermore will advise on possible or probable defects, hidden features based on relevant evidence that may be visible or identifiable.
2.8 All HBAS surveys (written and/or drawn) are prepared and submitted on the basis that whilst they are founded on thorough survey and research, no responsibility is accepted for unavoidable errors or omissions.
2.9 The survey is for the private and confidential use of the client/employer and HBAS cannot be held responsible for any alteration, modification, or interpretation of its fieldwork results, surveys or reports made by the client or any third party.
2.10 No part of any survey undertaken by HBAS should be construed as a valuation of property, neither will it set out to or be considered as a validation or intimation of value whether direct or implied.
3.1 Unless we agree otherwise in writing, for specifically requested advice, the employer will be responsible for providing all reasonable and necessary information and if necessary arranging access to site, and for any necessary checking the position of all services (water, sewage, electricity, gas, oil, telecommunications etc) prior to a project commencing and providing that information to the company for their use.
3.2 Before answering any specific request for advice the initial question will be clarified with the person requesting the information to ensure that the correct interpretation of the enquiry has been understood.
3.3 The provision of advice following a specific request will be based upon the information or provision of access provided by the employer’s confirmation of our understanding of the matter. HBAS will take all reasonable care to provide the appropriate required level of information in response to specific request, but will not be held liable for any error resulting from the lack of supplied information, whether additionally requested by HBAS or not.
3.4 The responses provided by HBAS to specific requests for advice or information is for the private and confidential use of the employer and HBAS cannot be held responsible for any alteration, modification, or interpretation of such responses made by the client or any third party.
3.5 Advice and other information supplied by HBAS, but not related to a specific request for such, either directly, indirectly or by inference is supplied in good faith and is not warranted as suitable for any particular purpose. It is the responsibility of those taking heed or making use of such advice or information to ensure that it is suitable or appropriate for the use to which it is employed.
4 Payment Terms
4.1 The employer will pay HBAS the agreed fee for any work undertaken on their behalf and any expressly agreed disbursements. In addition VAT will be payable at the amount applicable at the time of invoicing.
4.2 Invoices for specifically commissioned work may be submitted at the end of each calendar month and/or at the end of each phase of work in respect of costs to that date. Invoices will be due for immediate settlement.
4.3 Any requested service will not normally be released until the employer has paid the Company the full amount of fee outstanding at that time together with any disbursements and VAT applicable
5.1 HBAS shall retain full copyright of any commissioned reports, tender documents or other project documents, under the Copyright, Designs and Patents Act 1988 with all rights reserved; excepting that it will provide an exclusive licence to the client for the use of such documents by the client in all matters directly relating to the project as described in the Project Specification or Design.
5.2 HBAS may assign copyright to the client upon written request and payment of any necessary fees, but retains the right to be identified as the author of all project documentation and reports as defined in the Copyright, Designs and Patents Act 1988 (Chapter IV, s.79).
5.3 HBAS may also grant licence to a relevant museum or similar body for the use of the company’s archives in whole or in part.
6 Quality Standards
6.1 The company fully endorses The Code of Conduct and The Code of Approved Practice for the Regulation of Contractual Arrangements in Field Archaeology of The Institute of Field Archaeologists.
6.2 All staff directly employed or sub-contracted by HBAS will be of a standard approved by the Company. Archaeological staff will be employed in line with The Institute of Field Archaeologists Codes of Practice and will normally be members of the Institute of Field Archaeologists. Building and other surveying staff will abide by and generally be governed by the rules of conduct set in place by the Royal Institution of Chartered Surveyors.
6.3 Provision may be made for monitoring of employer specifically requested work of the Company by the relevant local authority or their archaeological advisors where this is considered appropriate by the company, unless otherwise instructed in writing by the client.
6.4 Where the provision of advice, assistance and information falls within the scope of control of the Financial Services Authority, such aspects of work will be supplied and or provided directly by a suitably competent and registered source
7 Health & Safety
7.1 HBAS will ensure that all work is carried out in accordance with its Company Health and Safety Policy, to standards defined in The Health and Safety at Work etc Act 1974, and The Management of Health and Safety Regulations 1992, and in accordance with the SCAUM (Standing Conference of Archaeological Unit Managers) health and safety manual Health and Safety in Field Archaeology (1996). Unless otherwise agreed HBAS does not undertake to fulfil the role of Planning Supervisor as defined by the Construction, Design and Management Regulations on behalf of the client/employer.
7.2 A copy of the Company Health and Safety Policy is available on request. HBAS will require access to the health and safety policy of all other contractors and operators present at the work place in compliance with The Management of Health and Safety Regulations 1992.
8.1 The company will not be liable to indemnify the client against any compensation or damages for or with respect to:
- Damage to crops, structures etc being on the site which is the unavoidable result of the site operations being carried out in accordance with the agreed scope of works.
- The use or occupation of land (which has been provided by the client) for the purpose of carrying out site operations (including consequent losses of crops), or interference whether temporary or permanent with any right of way, light, air or water or other easement or quasi-easement which are the unavoidable result of the site operations being carried out in accordance with the agreed scope of works.
- Damage to the site which is the unavoidable result of the site operations in accordance with the agreed scope of works.
- Injuries or damage to persons or property resulting from any act of neglect or breach of statutory duty done or committed by the client or his agents, servants or their contractors or for or in respect of any claims, demands, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto.
8.2 The company has both public liability and professional indemnity insurance, full details of which will be supplied on request.
9.1 Any agreement will be automatically terminated on the occurrence of the following:
Where the Client/employer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or a firm) becomes bankrupt or being a Company goes into liquidation; or
An Encumbrancer takes possession of, or a receiver is appointed to any property or assets of the Client;
The Client ceases, or threatens to cease to carry on business.
10.1 Any dispute or difference arising out of a contract or agreement in relation to these conditions, and after being acted upon under the Company complaints handling procedure shall be referred for arbitration by an arbitrator nominated by the Royal Institution of Chartered Surveyors or the Institute of Field Archaeologists as may be appropriate for the matter in dispute.