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LANDSCAPE CONSULTANT'S CONDITION OF APPOINTMENT (FEES & EXPENSES…
LANDSCAPE CONSULTANT'S CONDITION OF APPOINTMENT
LANDSCAPE CONSULTANT'S AUTHORITY & OBLIGATIONS
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CLIENT'S AUTHORITY & OBLIGATIONS
ASSIGNMENT & SUB-CONTRACTING
Assignment - neither client or Landscape Consultant shall assign benefits or any rights under the agreement in whole or part without prior written agreement.
Sub-contracting - with agreement with client appoint sub-consultants to undertake part of the services - Landscape Consultant will still be responsible for carrying out the services in the agreement
FEES & EXPENSES
Calculation of Fees - set out in the Schedule of Fees and Expenses
Time Charges - hourly / daily rates rates revised at 12 monthly intervals
Lump Sum Fees - total sum of money set our in Schedule of Fees and Expenses
Other Fees - calculated by another agreed method set out in Schedule
Other Additional Fees or Fee Adjustments - charged on a time basis
Expenses and Disbursements - set out in Schedule
Percentage Fees - percentage to final construction cost - percentage for each work stage
Clear Brief and defined scope to provide accurate fees
PAYMENT
Payment notices - as set out in the schedule of fees and expenses
Payment of Notified Sum - client pay within 14 days of payment notice
Pay Less Notice - client intends to pay less, written notice no later than 5 day before final date of payment
Final Account - paid 30 days from final invoice issue
Late Payment - Landscape Consultant can apply interest
COPY RIGHT & ENTITLEMENT
Copyright in all original material shall remain property of the Landscape Consultant unless otherwise agreed in writing
Entitlement - client has a licence to copy and use documents and drawings prepared under the agreement
LIABILITY & INSURANCE
PROFESSIONAL INDEMNITY INSURANCE
Limit of indemnity no less than stated and for the period stated on Memorandum
Broker's letter confirming insurance cover
SUPPLEMENTARY AGREEMENTS
Landscape Consultant will enter collateral warranty agreements where requested
Landscape Consultant will enter novation agreements when requested
LIMIT OF LIABILITY
No action in contract or in tort arising out of agreement for a breach of statutory duty shall be commenced after the expiry of the period specified in the Memorandum
Landscape Consultant's liability for loss or damage shall not exceed the amount of PII specified in Memorandum, provided insurers have been notified of relevant claims
No employee of the Landscape Consultant shall be personally liable
SUSPENSION OR TERMINATION
SUSPENSION OF OBLIGATIONS
Client suspend work in whole or part by not less than 7 days written notice
Landscape Consultant suspend work by no less than 7 days written notice
Client fails to pay fees
Client is in breach of obligations
force majeur or reasons beyond landscape consultant's control
RESUMPTION OF SERVICES
Suspended due to default, landscape consultant will resume within 1 month of remedy of default
Default not remedied within 1 month, other party has the right to treat as terminated and give 7 days notice
Landscape consultant entitled to reasonable costs as a result of suspended works
Services terminated by client and have not resumed within 6 months, Landscape Consultant may treat agreement as terminated and give 7 days written notice to client
TERMINATION
give reasonable notice in writing stating the reasons
immediate notice if other party is declared bankrupt
immediate notice if Landscape Consultant is unable to perform services due to death or incapacity of a sole practitioner
Landscape Consultant provide outstanding information as set out in agreement on demand of Client's payment of outstanding fees
DISPUTE RESOLUTION
MEDIATION - differences or disputes settled by negotiation or mediation
ADJUDICATION
Written notice at anytime to the other of their intention to refer dispute to adjudication
An adjudicator will be appointed
within 7 working days parties will provide adjudicator with a joint statement of undisputed facts
adjudicator will reach a decision within 28 days
parties accept the decision
Adjudicator may allocate costs between parties for the adjudication
GOVERNING LAWS
Agreement is subject to the law of England, Wales or NI or Scotland as specified in the Memorandum of Aggreement