Obligations and Liabilities
We undertake that we will exercise reasonable skill and care in the performance of work in accordance with our list of services as per our Quotation letter.
We are bound by the ethical guidelines of our professional bodies, The Institution of Structural Engineers, The Chartered Institute of Building, The Chartered Institute of Architectural Technologists, The Institution of Highways and Transportation, The Landscape Institute.
Our fees are generally based on an agreed lump sum contract. If additional works are required over and above the agreed scope of works, this will be charged at Encon Associates standard hourly rates. Please contact Encon Associates for clarification.
Payment stages are as specified in our fee quotation letter or as agreed prior to appointment. If at any time the project is aborted we are to be advised at once to cease work and our fees up to that point will be calculated and the abortive cost advised.
Fee proposals for BREEAM Assessments assume that the scheme will meet full certification within 12 months of instruction to Encon Associates, should a project surpass 12 months an additional fee may be applicable as a contribution towards BREEAM registration/licensing in relation to the scheme.
All fees noted are subject to VAT at the prevailing rate. Normal disbursements will be in addition to the noted fee unless otherwise agreed prior to engagement. Settlement strictly within 14 days for fees of £1,500 or below and 28 days thereafter. We reserve the right to charge interest at 8% above the Bank of England base rate in the event of non payment within the time period specified.
We reserve the right to refer all accounts outstanding beyond our standard payment terms to our Debt Recovery Agents, Final Demand Ltd. All accounts referred, without exception, will be subject to a surcharge of 15% plus VAT of the invoice value in lieu of our recovery costs.
All accounts referred to Final Demand Ltd will also be subject to statutory interest & compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
Customers with whom we have no history of engagement may be required to provide full payment up front prior to us issuing reports and/or drawings or a proportion of the fee on an interim basis to be agreed with the client prior to commencement of the work.
In relation to our BREEAM and Code for Sustainable Homes services, all information is required to be submitted by our clients in electronic format via www.trackaproject.com However, if hard copies are provided the following additional fees will be charged for scanning information:
A1 £7.50 + VAT per scan
A2 £6.00 + VAT per scan
A3 £2.00 + VAT per scan
A4 £0.50 + VAT per scan
Please note that Encon Associates quotations are valid for 90 days from issue date. Should you wish to engage Encon Associates after this period the fee quoted may be subject to change.
Limitation of Liability
Our liability for services rendered will be limited to the Schedule of Work accompanying our confirmation of commission letter. Encon Associates carry sufficient Professional Indemnity Insurance up to 2 million pounds.
In the event that we find ourselves subject to a claim from another party arising out of this engagement (other than as a result of our own negligence or wilful default) any claim established against us and the cost we unnecessarily incur in defending it would form part of the expenses we would look to recover from you.
Each party will treat e-mail with the same priority as communications sent by post or fax, however each understands that there may be delays in receiving e-mails over which the addressees have no control.
Whilst stored in electronic form, each party shall take reasonable care to ensure that all messages and attachments are securely stored, free of viruses, not altered, lost or destroyed, and capable of being retrieved only by properly authorised persons.
Working Papers, Correspondence and Other Documents
In the course of providing our services to you we acquire and originate a range of documentation. According to its nature, this documentation remains our property and copyright until our account is paid in full.
Unless otherwise agreed in writing we shall retain documentation for a period that accords with our document retention policy. Our present policy is to retain documents for twelve years.
Documentation that is your property will be returned to you on request within these time periods at your expense.
If at any time you would like to discuss with us how our service to you could be improved or if you are dissatisfied with the service you are receiving, you are to let us know by contacting one of our directors. We undertake to look at any complaint carefully and promptly and to do all we can to explain the position to you. If we have given you less than satisfactory service, we shall undertake to do everything within reason to resolve the situation.
This engagement letter shall be governed by, and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the engagement letter and any matters arising from it. Each party irrevocably waives any right it may have to an action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.
Agreement of Terms
By providing Encon Associates with a written instruction to proceed with the works you (The Client) agree to the above Terms and Conditions. A hard copy of these Terms and Conditions can be supplied upon request.