TERMS AND CONDITIONS OF SERVICE
General terms
1. All commissions undertaken by Orb Property Planning Limited (the Company), are subject to the following Terms and Conditions except where changes are agreed in writing. The Terms and Conditions and attached Price Quotation constitute an offer to purchase our services. The issue, and acceptance of both documents by you, constitutes a contract between us.
2. Please refer to your Price Quotation and any email discussions with the Company for amended or additional terms. By accepting your Price Quotation, you agree to the terms outlined in this agreement and any amended or additional terms set out in your Price Quotation. These Terms and Conditions only apply to the contract to the exclusion of any other terms that you may choose to impose or incorporate.
3. The Company aims to deliver a high quality service and maintain high standards of client care. However, the Client agrees and accepts that outcomes cannot be guaranteed because of the nature and uncertainties of planning procedure and legislation.
4. The Company undertakes to keep the Client advised of the progress of work at reasonable intervals and will respond promptly to any communications from the Client during the course of the commission.
5. The Client undertakes to assist by supplying upon request all relevant and necessary information, documents, plans and material within a reasonable time. The Company shall not be held responsible for any delays incurred while awaiting such information.
6. The Client accepts that the time taken by local planning authorities and the Planning Inspectorate to determine an application or appeal is uncertain and the Company is not responsible for delays in the determination of applications or appeals once they have been submitted.
7. Planning appeals must be submitted within predetermined timeframes. The Company shall not be held responsible for failure to submit an appeal within these deadlines where the Client has not, in a timely manner, provided: instructions to proceed, necessary information, agreed payments or responses to communications.
8. In some circumstances, the Company will make use of information and plans previously prepared for the Client by other consultants (such as an architect). It is the responsibility of the Client to secure any relevant permissions for the use of material produced by a third party.
9. The Company is not responsible for any errors or deficiencies in plans or documents produced by a third party and cannot be held responsible if plans are rejected or held to be deficient by a planning authority, the Planning Inspectorate or a planning inspector.
10. Nor is the Company responsible for any errors or deficiencies brought about by a failure of the Client, or any party working for or on behalf of the Client, to follow plans and/or advice provided by the Company.
Submission and payment of accounts
11. Most work is on a fixed fee basis, though some work may be charged at an hourly rate. Details of fees and payment schedules will be agreed prior to the undertaking of any work for the client and confirmed by email. Fees and charges include VAT at the rate applicable at the time of the Price Quotation.
12. If it becomes necessary to carry out additional work outside of the Price Quotation (or if you request additional work to be undertaken), then this work will involve additional fees. In such circumstances, details will be confirmed by email.
13. For larger projects or for projects agreed on a fixed hourly rate (e.g. pre-planning advice), where a fixed fee has not been applied but where an estimate has been given by the Company of the anticipated costs of an exercise, the Client recognises and agrees that this can only be an approximate estimate due to the nature of the planning system. However, the Company will make every effort to work within any agreed budget and advise the Client if it appears that the likely final costs will be greater than estimated. At this point the Client’s instructions to proceed further will be sought.
14. Unless otherwise agreed, a deposit of 25% of the total agreed fee will be requested upon formal instruction and prior to the undertaking of any work for the Client, which includes any measured surveys.
15. The frequency with which accounts will be rendered will vary according to the complexity and duration of the services being supplied. For shorter tasks, such as the preparation and submission of a simple planning application, an account will only usually be submitted following the submission of the application. For longer and more complex projects interim accounts will be submitted at suitable stages in the process. An account will in these circumstances be issued normally not later than at the end of every three month period, or any such shorter period as may be agreed.
16. Payment of invoices is due within 14 days of the invoice date. If an invoice is not settled within this time, the Company reserves the right to charge interest at 4% above the prevailing Bank of England Base Rate on a daily basis, from the date of the invoice. Failure to settle the account by the due date will entitle the Company to cease to act for or on behalf of the Client immediately, and will render all outstanding sums immediately due.
Additional matters
17. Where it has been agreed between the Company and the Client that another consultant or consultants (such as an architect, structural engineer, buildings inspector, party-wall surveyor, traffic expert or tree specialist) should be sub-contracted by or on behalf of the Client, the Client shall have full responsibility for the payment of any fees, expenses or charges due to the said consultant(s) for work carried out for or on behalf of the client. The Company will not be liable for any delays or changes to previously agreed timescales brought about due to requiring the input of said contractor.
18. Where any statutory fees are due to be paid to local authorities or other bodies in respect of any applications or appeals such fees shall be the responsibility of the Client and the Company shall have no liability whatsoever in respect of such fees. The Company is not responsible if the time period during which an appeal may be made expires, or if an appeal is invalid, because of a failure by the Client to pay an appeal fee.
19. Where the commission relates to a leasehold property, it is the Client’s responsibility to ensure that the terms of the lease in relation to alterations to the property are adhered to. This includes obtaining any necessary consent from the freeholder(s). The Company shall have no liability whatsoever in respect to a Client’s failure to adhere to the terms of a lease.
20. All advice provided by the Company is provided in good faith. The Company will not take on a case that it is does not believe has a reasonable chance of success. In the case of planning appeals, the inspector has the power to make an award of costs against either party. The Company may recommend that you seek costs from the Council if that is appropriate. However, it is the Client’s responsibility to inform the Company if the Client feels that a claim for costs should be made. The Company is not liable for any award of costs made by the Planning Inspector against the Client.
21. Until all invoices provided by the Company to the Client have been paid in full, the copyright of any documents, forms, statements, maps, plans and other such material will remain vested in the Company and no unauthorised use of such material may be made by the Client or any person purporting to be acting on his/her behalf.