1.0 General

​

 

1.1 Adelphi Architecture Limited Terms of Business shall constitute the entire contract and shall not incorporate or deem to incorporate the provisions of any extraneous document.

​

 

1.2 There shall be no amendment, omission or cancellation of the Terms of Business unless confirmed in writing. Any variation of conditions is inapplicable unless accepted in writing and this contract is subject to the terms and conditions, printed herein to the exclusion of any terms expressed or implied inconsistent therewith.

​

 

1.3 All drawings, plans and documents remain the property of Adelphi Architecture Limited with copyright reserved and upon any proposal not being accepted such drawings, plans and documents are to be returned to Adelphi Architecture Limited undefaced and no authority is given to make copies thereof. When drawings are issued electronically, these will be in a pdf format only unless expressly agreed. The company accepts no liability for the misuse of documentation for any other purpose than the original intent.

 

 

1.4 Any agreement to appoint Adelphi Architecture does not include acceptance of liability or indemnifying the design of others.

 

 

1.5 Without prejudice to all other rights, the cancellation of an order after commencement of work or after placement of an order for materials required will entitle the Company to reimbursement for expenditure on the work commenced and for the price of any materials ordered. Should the client wish to terminate the agreement then written notice is required by the company. Reasonable fees will be paid by the client, which the company shall charge at our standard hourly rates or the specific rates stated in our fee proposal, commensurate with the time expended and quantity of work completed by the termination date.

 

 

1.6 The client enters into this agreement wholly on its own behalf. This agreement does not apply to parties to whom the client acts on behalf of.

 

 

1.7 The company shall conduct or execute the services or works in a diligent and professional manner in accordance with Architects Registration Board (ARB) Code of Conduct and shall show due reasonable care throughout this process.

 

 

1.8 Where relevant to the services proposed by the company, the client shall provide to the company full details on the presence of and location of any underground or otherwise located services. Where such information is unavailable, the company will take reasonable measures to identify such services. The client agrees to reimburse the company for any reasonable cost attributed to the identification of such services. The company will be indemnified by the client for all costs resulting in direct or consequential losses or costs caused by damage to utility services where no, or insufficient information has been provided or made available prior to the damage event.

 

 

1.9 The company shall affect professional indemnity insurance for a period of six years from the completion of the services or works unless otherwise stated in the proposal letter or email, provided that such insurance is available in the market for such services at commercially reasonable terms and rates.

 

 

1.10 The amount of professional indemnity insurance to be carried by the company shall be £2million unless otherwise stated in our proposal, or otherwise agreed to by Deed of Warranty. The company shall not be liable for any consequential losses incurred by the client.

 

 

1.11 In the event of the company being proved negligent, the extent of the liability of the company shall be limited to ten times the contract value to Adelphi Architecture Limited.

 

 

1.12 These Terms of Business and any relevant contract shall be subject to and construed in accordance with English Law, dependent upon client requirements.

 

 

2.0 Instructions

​

 

2.1 As your Agents we can only act upon information and instructions given to us. It must not be assumed that we have knowledge of any factual matters. You can instruct us either verbally or in writing, although we will ask that verbal instructions are confirmed to us in writing with a purchase order number (were relevant) otherwise works will be delayed or withheld.

 

 

2.2 The limitations applying to the specific works or services provided by the company are as set out in our proposal.

 

3.0 Charges

​

 

3.1 Unless stated otherwise or negotiated and agreed in advance, fees are charged on time spent on the work including an element for responsibility which can vary according to a number of matters such as urgency, importance, length, amount, value, complexity, difficulty or novelty of the matter, together with travelling and subsistence expenses, printing costs and other incurred administration costs, expenses, fees and outlays.

 

 

3.2 The company will consider the provision of assignment, warranties or letters of reliance to third parties subject to the terms of the company, to be determined on a project basis. Adelphi Architecture Limited reserve the right to charge for the provision of these services, which will be agreed prior to issue on a project specific basis.

 

 

3.3 Unless otherwise stated, any estimate given will be for a probable fee based upon previous experience of the general amount of work involved in typical proposals of a similar nature. We reserve the right to amend any such estimate if the work scope changes, becomes more complex or more protracted than originally envisaged.

 

 

3.4 Depending upon the duration of the work we reserve the right to issue interim invoices at monthly or other intervals. The interim fees based on the current estimated contract amount will be adjusted on subsequent invoices.

 

 

3.5 Unless otherwise stated, no provision is made in any estimate for any disbursements such as local authority fees, OS map fees, statutory service provider charges, other consultants fees or taxes. Quotations are accepted subject to payment of all such fees, charges and taxes by the Client. Value Added Tax shall be applied at the rate prevailing at the date of the invoice which shall be the tax point, unless the client is exempt.

​

3.6 Work will commence upon receipt of 50% of the agreed fee upfront. 

 

 

4.0 Payment

​

 

4.1 All invoices are payable without discount of any kind upon receipt of the invoice. In no circumstances shall any discount, retention or set off be made nor payment withheld for any reason whatsoever.

 

 

4.2 All monies due shall be paid in UK £ Sterling unless specifically detailed otherwise. Invoices which are correctly raised in accordance with this fee proposal and its terms and conditions are to be paid on receipt of our invoice (unless agreed in advance otherwise) regardless of any superseding appointment documents including Third Party Warranties, which have not been provided by the client at the time of our appointment. Once such documents are approved and signed then the conditions of the specific appointment documents will prevail. Delays in issuing or signing off subsequent appointment documents including Third Party Warranties shall not be used as a reason to withhold prompt payment of our invoices.

 

 

4.3 We reserve the right to charge interest, debt recovery compensation and any legal fees incurred in recovering any sums that remain unsettled 28 days from the date of the invoice in accordance with the Late Payment of Commercial Debts interest Act 1998. Such interest will accrue from the date each invoice fell due for payment. For details of the current rate of interest applicable, please visit: www.payontime.co.uk/legislation/legislation_main.html.

 

 

4.4 Repayment of outlays and third-party disbursements shall be within seven days of request. Large outlays (greater than £1,000) will require to be paid to us and cleared before they are due to be paid out by ourselves. Notwithstanding any arrangement for recovering fees in whole or in part from a third party, you will be responsible for payment of our charges.

 

 

4.5 For invoices that remain unsettled after 28 days from the date of issue, we reserve the right to suspend performance of the work and to withhold data, drawings, plans and documents and digital material and attendance at meetings until settlement of all outstanding sums in full.

 

 

5.0 Copyright

 

 

5.1 All documentation (hardcopy or electronic), intellectual property rights and services provided by the company to the client shall remain the property of the company by copyright. If required a specific licence for use may be granted by the company subject to payment of an additional fee. The company accepts no liability for the misuse of documentation for any other purpose than the original intent.

 

 

6.0 Complaints

 

 

6.1 Any dispute arising out of this agreement which cannot be resolved by discussion and negotiation shall be followed by adjudication under the relevant statutory scheme. Alternatively, complaints or disputes can be referred to the Architects Registration Board (ARB) or the Royal Institute of British Architects (RIBA). All and any legal costs associated with this process will be shared equally by the client and the company.

 

 

6.2 In the first instance, please direct any complaints in writing to Joanna Pullan (Director) at joanna.pullan@adelphiarchitecture.co.uk.

We aim to respond to any complaints within 28 days.