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Terms and Conditions relevant to theConsumer Contracts Regulations 2013off premises Contracts.(updated December 2020) Definition of parties The Client is the person, company, authority, agency or other body who instructs Christopher Hunt (The Firm) to carry out the work. Goods or services to be supplied. These will primarily take the form of drawings and Specifications issued as paper hard copies and/or electronic pdf‘s. Included in this will be correspondence at various stages to the client and other parties as required. General administration is also included such as Council Agency supervision, completion of most forms, guidance and opinions. Feasibility reports and Property Potential Reports also form part of the services provided. Any information relating to development opportunities and council approvals offered by the Firm is purely speculative and opinion based. It is not to be treated as advice or wholly relied upon for making client decisions. These reports form just a part of the clients wider due diligence checks. Planning Approval cannot be guaranteed. Any estimated budget build costs stated are entirely that - estimated & could be wrong. The Firm reserve the right to decline to provide any digital CAD format files to the client and consultants. In some cases to provide a digital format CAD file the Firm can request an additional fee. Additional and supplementary services are also offered such as Tender submissions and Contract Administration. The client may request these optional services for an agreed extra fee at any time during the contract period. Free access to the Firms ‘back office’ services are also available after the main core services have been provided to the client subject to the client requests being reasonable & not too demanding upon the firms time and resources. This is referred to as the Firms client back-up services. Providing extra hard copy sets of the drawings and documents Hard copy prints are already included with the stated fixed fee expenses breakdown of the fee proposal and these will include for clients draft issues, council use & other consultants required. Excluded are tender sets for the client to obtain builders prices. Hard copy tender sets can be provided by Christopher Hunt to the client at a reasonable cost to the client on a project by project basis. Client to request prices. PDF electronic documents can be provided free of charge for clients one use & printing. Identity of the Trader. Christopher Hunt, Trading as The Christopher Hunt Practice, The Studio, 32 Marlow Bottom, Marlow, Bucks, SL7 3LY. Tel. 01628 473393. info@christopherhunt.co.uk Price of the services The price for the work will have been estimated as an hourly rate, percentage of the final build cost or quoted as a fixed price within the separate written letter. Prices for services will exclude other costs but the other costs or expenses will have been estimated within that fee proposal as a clients guide. All other costs & expenses relevant to the project will be paid for separately by the client at the required times. Extra costs Extra costs (Christopher Hunts fees) will only be applied should the scope of work be extended from that agreed, excessive client changes or redesigns required by the Council. All extra costs for extra work (if applicable) will be stated & estimated for clients approval before engaging on the work. Billing periods At regular stages throughout the contract as work proceeds. Estimates of timescales & stages would have been given in writing forming part of the fee proposal. Should there be no response from the client after each design stage issue then an invoice for work done to date will be issued after 4 weeks have elapsed. Payment methods. Cash, cheque or by internet banking to be agreed. Payment Terms Invoices will be submitted on a regular basis, based on the agreed programme of works & are strictly fourteen days (14) days of invoice date unless otherwise noted as detailed within fee proposals. Receipts for payment will be issued following payments received. In accordance with The Late Payment of Commercial Debts (Interest) Act 1998, please note that interest may be added at 1% per month above the Bank of England base rate, if the invoice is not settled within fourteen (14) days from invoice date. In the event that payment is not forthcoming within the prescribed 14 days, the Firm retains the right to stop work on any outstanding project for the Client. Complaints procedure - dispute resolution Should the client have a complaint or become dissatisfied with the services being provided then the procedures open to the client will be as follows:- 1 - To Inform Christopher Hunt in writing. A written response will be sent within 28 days of receipt. 2 - Should the client not be satisfied with the results of item 1 then the client may complain to the Chartered Institute of Architectural Technologists (CIAT) being Christopher Hunts professional body. 3 - Writing to Christopher Hunt’s professional Indemnity Insurance. 4 - Dispute resolution is to be used before any court actions. In the event of any dispute or difference arising under the Agreement, the parties may; attempt to settle the matter by negotiation or mediation; or start court proceedings to settle the dispute at any time; or have disputes decided within 21 days by an adjudicator appointed under an Adjudication Scheme for Consumer Contracts. If appointed, the Adjudicator may allocate between the parties the costs relating to the adjudication, including the fees and expenses of the adjudicator. Delivery of the services & timetable An estimated delivery period & timetable of events would have been provided to the client as part of the written fee proposal. Clients Right to Cancel - 14 days cooling off period. The client has the right to cancel the Contract agreement within 14 days starting from the day on which the contract was approved by the client. This may also be referred to as ‘Order for Professional Services’ or ‘Confirmation of Instructions’. However the client will pay a reasonable cost of the work or service already undertaken or delivered up until the date of the agreement cancellation period if they have waived their cancellation period rights. Should the client choose to cancel the contract Christopher Hunt will provide receipt of the clients cancellation instruction within 24 hours of receipt. Should the client not obtain this receipt within 24 hours then they are to make every effort to make sure Christopher Hunt has received the cancellation notice. A model cancellation letter can be found at this link. "Model instructions for cancellation" or you can use the model example letter below. Should the client require Christopher Hunt to start work on their scheme before the 14 day cancellation period then the client can waive their rights to this cancellation period by providing written instructions on the order form. COMMENCING WORK DURING THE 14 DAY CANCELLATION PERIOD We cannot provide any services before the end of the cancellation period unless you have made an express request to that effect. If you require us to undertake some urgent work for you before the cancellation period expires, you are welcome to request that we do so. This request should be made during the booking order process by ticking the appropriate box, marked ‘I hereby agree to waiver my right to the 14 day cancellation period’. However, please note that if you do ask us to begin the performance of services during the cancellation period and then subsequently seek to cancel the contract, you will be liable to pay us an amount which is in proportion to what has been performed until the time that you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract. CONSUMER’S RIGHT TO CANCEL If you are contracting as a “consumer” and the Contract is a “distance contract” or an “off-premises contract” (in each case as such expressions are defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regulations), you have the right to cancel this contract if you wish to do so within fourteen working days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract – that is within 14 days of the date that you sent us your signed Order Acceptance form. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement by letter or email to the address stated in these terms & conditions. In each case marked FAO: Mr. Christopher Hunt. You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. EFFECTS OF CANCELLATION If you cancel this contract within the relevant period, this will end both your and our obligations under the contract. We will reimburse to you all payments received from you, provided that if you requested us to commence work on the Services during the cancellation period, you will be liable to pay us an amount which is in proportion to the Services supplied in comparison to the overall Services ordered. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. Model Cancellation Form (Complete, copy and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT.) To: Christopher Hunt, C/o The Studio, 32 Marlow Bottom, Marlow, Bucks, SL7 3LY. United Kingdom F.A.O. Mr. Christopher Hunt, I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the provision of the following service [insert a brief description of services *], Ordered on [*] Name of consumer(s), Address of consumer(s), Address of property (if different from consumer address above) Signature of consumer(s) (only if this form is notified on paper rather than by electronic delivery) Date [*] Delete or insert as appropriate. o0o Standard Terms and Conditions of Engagement for Architectural Services The following standard conditions of engagement and contract apply unless specifically amended in writing by Christopher Hunt (trading as The Christopher Hunt Practice - referred to here as ‘The Firm‘) prior to commencement of work. The Client is the person, company, authority, agency or other body who instructs Christopher Hunt (The Firm) to carry out the work. 1.0 The Contract 1.1 The contract is between the Client and Christopher Hunt (The Firm) and relates to the proposed development stated in the correspondence. Project Address The Development 2.0 Sub-Contracting 2.1 The Firm shall be entitled to sub-contract the performance of the whole or part of the project with the Client, without prior notice to the Client. 2.2 The Firm contracts for and on behalf of itself and its sub-contractors. 2.3 Specialist services - If during the performance of the Services it is in the Firms opinion that it would benefit the Client, the Firm may recommend that the Client appoints Other Persons with appropriate knowledge and experience to perform part of the Services. If the Client agrees to make such an appointment, it shall be made without undue delay. On such appointment the Client shall give written notice to the Firm, who shall be relived of responsibility and liability for that element of services. 3.0 Delivery of Project 3.1 Delivery of the Project shall be to the location reasonably specified by the client and unless notified to the contrary will be the address listed on the attached fee proposal. 3.2 If the client refuses or fails to take delivery of the Project tendered in accordance with the Contract, the Firm shall be entitled to immediate payment in full for the Project and to store the same at the risk of the client. 4.0 Time for Performance 4.1 All performance times mentioned in any negotiations including the fee proposal or other document are approximate only and not of any contractual effect. The Firm shall not be liable for any expense loss or damage whatsoever arising directly or in-directly out of or in any way connected with any delay in performance. Late performance does not entitle the Client to reject the Project, terminate the Contract or withhold any part of the price. 5.0 Copyright & Design 5.1 Copyright in all intellectual property documents, architectural design(s) & drawings prepared by the Firm and in any works executed from those documents shall vest with the Firm alone. 5.2 The Client is hereby granted a non-exclusive non-assignable licence to use any drawings or documents only for the Project (which will is revocable in the circumstances described in Clause 5.3) 5.3 The Firm shall not be liable for any use by the Client of intellectual property documents, architectural design(s) & drawings for any purpose other than that for which the same were prepared by or on behalf of the Firm. 5.4 Any documents, text or drawings prepared by the Firm under this Agreement that could be affected by either the Property Misdescriptions Act 1991 or the Property Misdescriptions (Specified Matters) Order 1992, should not be included in any statements about land (which includes buildings) offered for sale without the information being cleared with the Firm. 6.0 Risk & Title 6.1 Notwithstanding delivery of the Project or any other provision of these Terms in the work (and in cases where the Copyright and Design right is to pass to the Client under the terms of the contract Copyright and Design right in the Project) shall not pass to the Client until the Firm has received in cash or cleared funds payment in full of the price for the Project and all other monies owed to the Firm by the Client for which payment is then due. 6.2 Until such payment has been made the client shall hold the Project in a fiduciary capacity for the Firm clearly marked as The Christopher Hunt Practice property and separately from any other assets. 6.3 If prior to such payment the Client shall make default in payment, breach its obligations under this Contract, cease or threaten to cease to carry on business, enter into a Deed of Arrangement, make any voluntary arrangement with its creditors, becomes subject to an administration order, or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of and followed by a reconstruction or amalgamation), or shall be the subject of the presentation of a petition for the winding up of the Client or the appointment of an Administrator, or shall have a received appointed (whether by the court or out of court) of the whole or any part of the Client’s property, or if Christopher Hunt reasonably apprehends that such events are about to occur. 6.4 then without prejudice to the Firm’s other rights shall be entitled to: a) cancel any Contract made with the Client and/or suspend or continue delivery of the Work at the Firm’s option and/or stop any Project in transit in each case without liability to the Client and without prejudice to the Firm’s right to recover damages for any loss sustained by it b) require the Client to re-deliver the Project or any part to the Firm on demand c) re-sell the Project or any part of it and apply the proceeds towards the Price and/or the Firm’s losses d) enter the Client’s premises for the purpose of collecting and to collect the Project or any part of it and the Client shall be responsible for all of the Firm’s costs and expenses in connection with doing so; and any use of the Project thereafter shall constitute a breach of Copyright/Design. 6.5 If the Project or altered goods (defined below) are sold or hired out by the Client the Client shall assign to the Firm its rights to recover the price or hire charges if the Firm so required and the Firm shall have the right to trace all proceeds of sale or hire charges received by the Client through any bank or other account maintained by the Firm. 6.6 Should the Client alter the Project by subjecting it to any process of incorporating it into another product or mixing them in any way then the resulting product (“altered goods”) will pass into the ownership of the Firm until payment due under all contracts between the Firm and the Client have been made in full and all the Firm’s rights hereunder shall extend to the altered goods. 7.0 The Price - fee proposals 7.1 Subject to this clause the price shall be the price specified in the proposal. Where no price has been specified the price shall be calculated by multiplying time spent on the Project by the Firm’s currently hourly rate, as follows: Principal : £85.00 per hour. Associates : £85.00 per hour. Design Technicians : £65.00 per hour. 7.2 Excluded from the price are Planning Application and Local Authority consultation fees, specialist surveys, value added tax (if applicable) NHBC, Structural Engineers, SAP Heat loss Engineers, specialists consultant reports, dispute resolution, clients legal & in-house expenses, any loss and/or expense payments paid to a contractor, any adjustments for any liquidated damages deducted by the Client. All such fees will be paid directly by the Client direct at the required times. 7.3 Where a fee stage is related to a Local Authority decision, this is understood to be a committee resolution rather than the issue of a decision notice, which may be related to other legal agreements. By its very nature the Permission itself is beyond the Firm’s control, no guarantee that it will be granted can be given. Standard 8.0 Payment Terms 8.1 Invoices will be submitted on a regular basis, based on the agreed programme of works & are strictly fourteen days (14) days unless otherwise noted as detailed within fee proposals. 8.2 Receipts for payment will be issued following payments received. 8.3 In accordance with The Late Payment of Commercial Debts (Interest) Act 1998, please note that interest may be added at 1% per month above the Bank of England base rate, if the invoice is not settled within fourteen (14) days from invoice date. 8.4 In the event that payment is not forthcoming within the prescribed 14 days, the Firm retains the right to stop work on any outstanding project for the Client. 9.0 Description, Quality & Damage to Goods 9.1 Upon delivery, the Client shall examine the Project forthwith and it is the responsibility of the Client to establish any errors or omissions. 9.2 Any claims that the Project is not accordance with the Quotation or the Client’s requirements must be communicated in writing to the Firm within 7 days of delivery. The project must be preserved in the condition delivered pending an investigation by the Firm. 9.3 If the Client fails to notify or report in accordance with these terms, the Project shall be deemed for all purposes to have been properly done and delivered to and accepted by the Client. The Client shall be bound to pay for the same in accordance with the Contract. 9.4 Whilst all reasonable care will be taken to research Planning histories and site surveys, information with Local Authorities, Statutory Undertakers and other relevant bodies, the Firm cannot be held responsible or liable for any errors or omissions which may result from the information supplied by these bodies. 10.0 Client’s Obligations 10.1 The Client agrees to arrange access for the Firm and its employees onto the Project site for any purpose in connection with the works. The Client shall: a) provide all material information, which is to provide within sufficient time to enable the Firm to meet agreed delivery times in a legible form b) read, check, correct and approve all draft documents (including drawings) submitted within sufficient time to enable the Firm to meet agreed delivery times 10.2 The Client agrees that upon site commencement, any changes made to the completed contract drawings will be forwarded in writing as soon as they have been agreed. The Firm accept no responsibility for any errors or costs relating to a site invoked change. 10.3 The Client hereby warrants that all material supplied to the Firm under the Contract contains nothing which is libellous or deemed unlawful and the publication therefore will not infringe the copyright or any other rights of any third party or breach any law or bye-law regulation. 10.4 The client shall hold the contractor appointed to undertake construction works and not the Firm responsible for the management and operational methods necessary for the proper carrying out and completion of the construction works in compliance with the building contract or contracts. 10.5 The Client acknowledges that the Firm does not warrant: that the planning permission and other approvals from third parties will be granted at all, or if granted, will be granted in accordance with any anticipated time-scale; or without planning conditions requiring discharge. compliance with the Construction Cost and/or the Timetable, which may need to be reviewed for such matters as, but not limited to: (a) approved variations arising from design development or requested by the Client (b) delays caused by any Other Person; and/or (c) any other factors beyond the control of the Firm. 10.6 The Client shall procure such legal advice and provide such information and evidence as required for the resolution of any dispute between the Client and any other parties in connection with the project. 10.7 The Client shall not disclose to any Other Person Confidential Information unless: disclosure is necessary to take professional advice in relation to this Agreement or the Services; it is in the public domain other than due wrongful use or disclosure; or disclosure is required by law or because of disputes arising out of or in connection with this Agreement. 10.8 The client shall allow the Firm to display sized CIAT professional signboards on the site in appropriate locations for the duration of works on site. 11.0 Force Majeure 11.1 The Firm accept no responsibility for any failure to perform this Contract or delay arising from circumstances outside the Firm’s control. 11.2 If the Firm is prevented from performing the Contract or any part of it in the above circumstances, the Firm shall notify the Client of that fact in writing. 11.3 If the circumstances preventing performance are still outstanding three months from and including the date, the Firm will send such notice to the Client that either party may give written notice to the other cancelling the Contract or in the part question. Such notice must be received whilst the circumstances are still continuing. 11.4 If the Contract or any part of it is cancelled in this way, the Firm shall be entitled to payment for the Project actually done (or to be done under any part not cancelled) The Firm accepts no liability to compensate the Client for any loss or damage cause by the failure to deliver. 12.0 CDM Regulations 12.1 The Client hereby acknowledges the they have been informed of their duties imposed on them by the Firm in accordance with the Construction (Design and Management) Regulations 2015 the essential being that the Client appoints a Principal Designer if more than two trades are required to be appointed, to ensure compliance with Regulation 5(1)(a) to perform specified duties in Regulations 11 and 12. 12.2 The Fee agreement does not include any duties or responsibilities of the Principal Designer. 12.3 The appointment of the Principal Designer shall be made directly by the Client. The Firm undertakes to carry out such duties as applicable in its role as Designer in accordance Regulation 9. 13.0 Duty of Care - The Firms obligations 13.1 The Firm shall exercise all reasonable skill, care and diligence in the performance of services relating to the Project. 13.2 The Firm shall exercise reasonable skill care and diligence in accordance with the normal standards of the Firms profession in performing the Services and discharging all the obligations. 13.3 The Firm shall Collaborate with Other Persons named in the Project Data, or whose appointment is foreseeable and, as applicable, shall coordinate and integrate the information received into the Firms work. 13.4 The Firm shall act on behalf of the Client in the matters set out or necessarily implied in this Agreement or in project procedures agreed with the Client from time to time, but has no authority, without the Client’s prior approval. 13.5 The Firm shall have the right to publish photographs of the Project, and the Client shall give reasonable access to the Project for this purpose for 2 years after practical completion of the construction works. 13.6 The Firm shall obtain the consent of the Client, which consent is not unreasonably withheld or delayed, before publication of any other information about the project, unless reasonably necessary for performances of the Services. 13.7 The Firm shall not disclose to any other person Confidential Information unless disclosure is necessary for the proper performance of the Services, or in order to take professional advice in relation to this Agreement or the Services, or in order to obtain/maintain insurance cover as required by this Agreement or disclosure is required by law or because of disputes arising out of or in connection with this agreement. 13.8 The Firm shall maintain until at least the expiry of the period professional indemnity insurance provided such insurance continues to be offered on commercially reasonable terms to the Firm at the time when the insurance is taken out or renewed. The Firm, when reasonably requested by the Client, shall produce for inspection a broker’s letter or certificate confirming that such insurance has been obtained and/or is being maintained. 13.9 Time Over-runs - The Firm is not responsible for managing the builder’s program of works, nor for organising the work on site – responsibility rests with the builder/contractor, including the responsibility to notify expected problems. The Firm is however in a position to advise the client on the circumstances and if those are reasonable may, on the client’s behalf and if acting as contract administrator, award extensions of time. Such work which is beyond the Firms control may result in additional fees. 14.0 Period of Liability 14.1 Liability of the Firm shall end 6 years following the date of practical completion of the Development or Project, as described in Section 1.0 14.2 For the purpose of this agreement and subject to receiving a formal certificate or client information, practical completion shall be deemed clearance of any ARCHITECTURAL conditions relating to either NHBC and/or Local Authority approval. 15.0 General 15.1 For the avoidance of doubt, nothing in this agreement is intended to confer on any third party any benefit or the right to enforce any term of this agreement pursuant to the Contract (Rights of Third Parties) Act 1999. 15.2 Governing Law – These Terms shall be governed by and constructed in accordance with the Laws of England and the Firm and Client hereby submit to the jurisdiction of the English Courts 15.3 Formal written acceptance of the associated fee quote and standard terms and conditions is required / preferred. However, In the absence of formal appointment documents, the associated fee quote and standard terms and conditions are deemed to be acceptable. 15.4 SEVER ABILITY - If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable. 16.0 The Firms Right to Cancel The Contract 16.1 Christopher Hunt has the right to cancel the contract under the following circumstances:- a - Conflict of interests - Should this become apparent at any stage of the works. b - Illness or lack of resources - Should this become apparent at any stage of the works. c - Scope creep - Should the client require wider services or demands that Christopher is unable or unhappy to supply. d - Unfair client demands. 16.2 Christopher Hunt will inform the client of the termination of contract within 48hours of the situation being known. 16.3 Any work or documents so far produced by the Firm can be retained and used by the client provided fees have been settled by the client for work completed to date. 16.4 The Firm may suspend or end performance of the Services and other obligations by giving at least 7 days’ notice and stating the reason for doing so. Such reasons include, but are not limited to, the Client’s failure to pay any fees or other amounts due by date when payment is due. If the reason for a notice of suspension arises from a default which is remedied, the Company shall resume performance of the Services and other obligations within a reasonable period; or which is not remedied by the defaulting party, the Agreement will end by giving at least 7 days’ further written notice. 17.0 Additional terms and conditions 17.1 Additional terms and conditions may be applicable within each unique and specific fee proposal or feasibly report issued to the client when assessing the clients scheme. 17.2 Additional terms, requirements and conditions may also be applicable within the design drawings, specification manuals & various letters for clients actions, client guidance & builder control. These evolve on a project by project basis as the documents are produced. 18.0 How We Use Your Personal Information (Data Protection). 18.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. 18.2 We may use your personal information to: Provide Our Services to you. Process your payment for the Services. Inform you of new products and services available from Us. You may request that We stop sending you this information at any time. 18.3 In certain circumstances (if, for example, you wish to pay for the Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly. We will not pass on your personal information to any other third parties [without first obtaining your express permission]. |
Christopher Hunt MCIAT is not an Architect or a member of the RIBA but a Chartered Architectural Technologist - a professional building designer specialising in residential development from home extensions to new builds including conversions and refurbishments. He is a full member of CIAT which is a different and alternative qualifying body for professionals dealing with building design. If you specifically want an Architect click this link Home page About us Previous schemes gallery Client guides Client options after approval Construction News CIAT News Resources Home Building Contact Us Site Map |
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Residential development for household extensions, conversions and new dwellings. Measured surveys and roof inspection reports. Drawing plans on cad and specifications for planning permission, planning consent, planning approval, local authority approvals, building surveys and party wall act. Chartered Architectural Technologists belong to CIAT (the Chartered institute of Architectural Technologists). Key search phrases include - building designers, extend your home, extension guide, permitted development, planning advice, planning guide, planning gain. |
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