Oakstone Consulting Ltd (hereafter Oakstone Ltd) , 2 The Ride, Totternhoe, Dunstable, Beds, LU6 1RH.
CLIENT denotes the person, firm or company that has placed an order which has been accepted by Oakstone Ltd.
WORK denotes the procedures carried out by Oakstone Ltd in fulfilling the contract.
The Client acknowledges that in entering into a contract with Oakstone Ltd it has not been induced by representations made by Oakstone Ltd, its servants or agents except those included in its current, standard literature or in its quotation/estimate relating to the contract.
The quotation, estimate or tender shall form part of the contract.
Oakstone Ltd will perform the services defined in the ‘Fee Proposal’ or as defined or revised in correspondence (including meeting minutes and emails). All documents produced by Oakstone Ltd including drawings, reports and specifications, etc will be prepared in good faith and based on the `clients brief` provided or available at the time of preparation.
These terms and conditions are to prevail over any terms and conditions in the Client’s order.
Quotations or estimates are based upon costs and brief received by the client and, unless otherwise agreed by Oakstone Ltd, are subject to amendment on or at any time after acceptance to meet any rise in costs or changes in said brief.
Oakstone Ltd will render invoices on completion of the work stages as defined in the Fee Proposal or at interim stages if appropriate for settlement 14 days from receipt of the invoice.
If Work is suspended or delayed at the request of the Client or by any default of the Client, Oakstone Ltd shall be entitled to be paid the value of the Contract.
Value added tax is not applicable.
The Client is responsible for the timely provision of complete and accurate information to enable Oakstone Ltd to carry out the Work.
If adjustment, amendment or clarification is required for any Documents before Oakstone Ltd is able to proceed with the Work in accordance with the Client’s instructions, an additional charge will be made.
Oakstone Ltd shall not be responsible for the correction of errors in any of the Client’s Documents nor for any loss arising from the Client’s failure to meet the requirements stipulated in the contract/estimate/quotation.
Oakstone Ltd will exercise such skill, care and diligence as may reasonably be expected by a professional in the field.
Any discrepancy or query regarding any document prepared by Oakstone Ltd including drawings, reports and specifications must be referred to Oakstone Ltd. Oakstone Ltd accept no liability for any loss or expense or damage of where variations made to such documents or in the execution of the work to which they relate which has not been referred to them and approval obtained in writing.
Wherever appropriate or required, proofs of all Work will be submitted to the Client for approval. Any proofs, printing, or amendments or other additional work required as a result of the Client’s alterations shall be paid for by the Client at Oakstone Ltd’s standard rates.
All documents arising from the Scope of Works including drawings, reports and specifications are provided for the sole use of the Client and are confidential to him and to his professional advisers involved in the project. Oakstone Ltd accepts no responsibility for their use by others. The Client must obtain the approval of Oakstone Ltd before copies of such documents are given to any third party, such approval not to be unreasonably withheld.
Oakstone Ltd reserve the right to terminate the agreement for any good cause and will give 14 days prior notice in writing of such termination. In this event, Oakstone Ltd will be entitled to payment for all services performed under the agreement up to the time of termination including all expenses incurred. DISPUTES: This agreement will be governed by English law. All disputes arising will be referred to a single arbitrator in accordance with the Arbitration Act 1950 nominated by the Chartered Institute of Arbitrators.
Oakstone Ltd will take reasonable care of materials supplied by the Client; they will be held at the Client’s own risk.
Oakstone Ltd shall not be responsible or liable for any loss or damage for imperfect work arising from defects in or the unsuitability of any material or defective workmanship supplied or specified by the Client.
The Client shall, at its own cost, obtain and maintain all licenses, permissions and insurance in order to execute construction on site.
Oakstone Ltd shall not be required to produce any matter which, in its opinion, is or may be illegal, immoral, libellous or an infringement of the proprietary or other rights of others.
The Client shall at all times fully indemnify and keep Oakstone Ltd indemnified against all claims, damages, costs, expenses and the like arising out of any libellous matter, infringement of trademark, copyright, patent or design, or of any other proprietary or personal rights affected or alleged to be affected by any Work produced for the Client. Such indemnity shall extend to any amounts paid by Oakstone Ltd on a lawyer’s advice in settlement of any claim whether or not proceedings have been instituted in respect thereof.
If payment in full has not been received from the Client within 14 days of the date of the invoice, the Client shall also pay interest to Oakstone Ltd on the amount outstanding from the date of the invoice to the date of the payment at the rate of 3% per month above Bank of England base rate for the time being as well after as before any judgement.
When payment of any invoice is overdue, Oakstone Ltd may suspend work on the contracts with the Client to which that invoice relates and/or to any other contract then subsisting between them.
In the event of legal action being taken by Oakstone Ltd against the Client for breach of its payment obligations, the Client shall be responsible for the payment of all Oakstone Ltd’s costs and disbursements in that action.
Oakstone Ltd reserves the right to claim interest on overdue invoices in accordance with the late payment commercial debts (interest Act 1998 as amended and supplemented by the late payment of commercial debts regulation 2002 V.
If the Client ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or, being a company, is deemed to be unable to pay its debts, enters into any arrangement with its creditors, has a receiver or administrator appointed or has a winding up petition issued against it or, being a person, commits an act of bankruptcy, enters into any arrangement with its creditors or has a bankruptcy petition issued against him/her then, without prejudice to any other rights or remedies Oakstone Ltd also has:
The right to proceed no further with any Work for the Client and be entitled to be paid for the value of all Work carried out (whether completed or not), for all materials including those ordered but not yet delivered and all other costs, including a margin for profit, such charge to be an immediate debt due to it and, a general lien on all goods and property of the Client in its possession (whether worked on or not) and be entitled, at the expiration of 14 days notice in writing, to dispose of such goods and property in such manner and at such a price as it thinks fit and to apply the proceeds towards the payment of any sums due from the Client to it, accounting to the Client for any surplus.
Copyright in all documents prepared by Oakstone Ltd arising from the Scope of Works including drawings, reports and specifications and in any work executed from such documents will remain the property of Oakstone Ltd.
Oakstone Ltd retain the right to use and reproduce any material arising from the Scope of Works for promotional purposes including photographs of completed building work subject to the Client’s approval, such approval not to be unreasonably withheld.
Oakstone Ltd shall not be liable if it is unable to carry out any provision of its contract with the Client for any reason beyond its control, including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power or water supply, lockout, strike or any other action by its employees and those of its suppliers or sub-contractors in contemplation or furtherance of a dispute, or its inability to procure the materials or services required for the performance of the contract. In any such event the Client may, by giving written notice to Oakstone Ltd, elect to terminate the contract and pay for work done and materials used or otherwise to accept delivery when it is available.
These conditions and all other terms of the contract expressed or implied shall be governed and construed in accordance with the laws of England.