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Terms & Conditions of the Japanese Knotweed Survey  

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Agreement between Japanese Knotweed consultant and client.

TERMS AND CONDITIONS OF APPOINTMENT

1. Design Construction Management Services Ltd (DCMS) conducts business on the basis of these terms which the client will be deemed to have accepted if instructions are subsequently given to DCMS. Non-exercise of legal rights by DCMS is not to be taken as a waiver of such rights.

2. Attached is a sheet which gives the name and status of the person who will be initially responsible for the conduct of the instructions. Where appropriate the name of the supervising director is also given. DCMS reserves the right to involve other personnel as we from time to time consider appropriate properly to undertake the instructions. DCMS will normally notify the client if there is any change to the person principally responsible for undertaking the instruction.

3. Work is charged by DCMS on a time basis calculated in units of 15 minutes duration or part and based on the hourly charging rate of the fee earner concerned current at the time of doing the work. This hourly rate consist of basic rate which may be increased where the work is complex, requires particular expertise, has to be executed very quickly, has to be carried out in an inconvenient location or is of particular importance to the client.

4. The basic hourly rates currently being charged are set out on the attached Payment of Service Schedule. They are subject to increase as DCMS may determine from time to time and the current rates being charged are always available on request. All travelling time spent in connection with the project is charged at the full hourly rate.

5. Where a fixed price applies the charge does not cover work which goes beyond that specified in the instructions. If there is a special need for additional work the client will be notified and the additional work shall be charged on the normal basis. Similarly a charge will be applied if the instructions are withdrawn or amended prior to completion. Also that the architect owns the copyright in the work produced in performing the Services under the appointment and that the client has a licence to copy and use, and allow other contractors to copy and use, drawings produced by the architect, for the “operation, maintenance, repair, reinstatement, alteration, extending, promotion, leasing and/ or sale of the Project”, but not to reproduce the architect’s design for any part of any extension of the Project or for any other project, unless a further licence fee is paid to the architect. This clause also prohibits a client from instructing an alternative architect to develop its outline drawings for the purposes of the Project in question unless the first architect is paid a further reasonable fee for such use.

6. Expenses such as telephone, postage, photocopying, fax, etc. are generally separately itemised and DCMS charges for these are based on the current rates which are set out on the attached Payment of Service Schedule. In addition to the costs on the normal or fixed price basis DCMS also charges for all payments made or to be made on behalf of the client (“recoverable disbursements”).

7. Where a quotation is given it is estimate and is approximate only and in all cases is exclusive of VAT and disbursements. Quotations are given on the assumption that the matter is not usually urgent, complicated or time consuming, that all relevant facts have been disclosed and that the client’s own time demands will not be excessive or charged.

8. When a client’s file has been archived DCMS reserves the right to charge to retrieve it from archiving and for sending it to the client if required as an alternative to destruction after DCMS’s normal period of storage.

9. DCMS reserves the right to add a servicing charge of up to 10% of the amount charged by any third party instructed by DCMS (other than barristers) on behalf of a client where that person invoices DCMS.

10. All fees and charges submitted by sub-contracted specialists and by prior agreement with the client shall be the responsibility of, and payable by, the client. All fees and charges made by local authorities and the Planning Inspectorate shall be the responsibility of the client.

11. In the case of matters involving actual or contemplated proceedings in Public Inquiries, other tribunals or courts, DCMS requires the payment of money on account of costs yet to be incurred. The amount of the payment requested is an estimate only of the fee charge, disbursements and VAT likely to be incurred for a period in the future. Bills are then delivered in the usual way and money held on account may be used to discharge these. As the matter proceeds the client may be requested to provide further funds on account for future periods. DCMS reserves the right to cease undertaking work if funds are not received on account as requested.

12. DCMS usually renders accounts for work monthly but may do so more frequently. Recoverable disbursements are generally charged as they arise.

13. All monthly accounts are to be regarded as interim accounts. Work often has to be done following completion of instruction. DCMS will try to minimise additional costs by including in the interim account on completion an allowance for such work but reserves the right to render further accounts if necessary. Where an award is made in respect of an appeal, DCMS will charge for making the application to the authority and/or court. The client will remain responsible for paying DCMS’s accounts, the payment of which shall not depend upon the outcome of such an application.

14. Payment is due within 7 days of the date of the account. Interest at the rate of 4% above base lending rate of National Westminster Bank Plc will be charged:-If an account for disbursements only is not paid within 7 days; or If any other account for work is not paid within 30 days

15. In addition, DCMS will charge for recovery of debts under the “Late Payment of Commercial Debts (Interest) Act 1998” and will charge the following: Solicitor’s Letter £25.00 Serving of Statutory Demand

16. If any account is overdue by 30 days or more DCMS has the right without notice to stop work for the client on that matter and on any other matter. This could result for example, in not completing the submission of an application, not submitting evidence or appearing at a public inquiry or hearing.

17. DCMS has a lien over any money or other property of the client in its possession, including any files and papers, for any unpaid account, or any billed work in progress or other sums due to DCMS.

18. DCMS may apply in or towards payment of its costs and disbursements any amounts held by DCMS on behalf of the client relating to any matter for that client.

19. DCMS may use third parties to assist in collection and payment of accounts, including the use of factoring, and/or invoices discounting facilities. DCMS has the right in these circumstances to divulge to the third party any information which may be required by the third party and/or any such facility including information which may otherwise have been regarded as confidential.

20. DCMS does not provide services relating to the scientific investigation of land, water or air quality. Where a site inspection or investigation of planning history or local knowledge reveals the possibility of pollution and pollution control being a material planning consideration, this will be reported to the client and subconsultants engaged.

21. It is the policy of DCMS to provide a service, which is satisfactory to the client. I f a client is not receiving the service anticipated DCMS would wish to know about it. DCMS would wish to resolve any dissatisfaction promptly and informally. A client who has a problem with the service provided should firstly raise it with the person dealing with the matter. If this fails to resolve the problem then the client should contact the Director of DCMS, preferably in writing and explaining what action the client would wish us to take.

DESIGN CONSTRUCTION MANAGENENT SERVICES LTD
PAYMENT FOR SERVICE SCHEDULE MEMORANDUM OF AGREEMENT

1. Fees for Professional and Technical Staff
Hourly charge rates for professional and technical staff are calculated by applying a multiplier to the respective salary cost and then adding other payroll costs. The range of hourly charges for the professional and technical staff calculated in this manner is shown below. The time spent by administrative and secretarial staff is not charged to the Client.

Charges Rates (£) per hour

1. Peter Jackson, Director £60.00
Andrew Averill, AutoCAD manager £40.00

2. Equipment Charges
Specialist computer time for photo montage works £60.00 per hour

Specialist field and laboratory instruments £110.00- £175.00 per day

Specialist protective clothing (if required) for
Contaminated or hazardous situations, depending
on nature of hazard, health and safety requirements £110.00- £150.00 per day

3. Expenses
Car mileage @ £0.49 per mile
Subsistence at cost
Fax and telephone calls at cost

Production/binding of reports – preparing to ‘top copy’ for reproduction £0.85 per page

Compiling and binding additional copies of reports (per page):
A4 £0.36, A3 £0.42,

Photocopying and black and white prints (per page):
A4 £0.10, A3 £0.20, A2 £1.15, A1 £2.30, A0 £4.70

Colour prints (per page):
A4 £1.15, A3 £1.75, A2 £23.65, A1 £38.25, A0 £42.75

4. Disbursements
Disbursements charged by other organisations will be charged at cost plus 10% and may include:

• Photocopying, printing and reproduction of plans, reports and photographs
• Purchase of documents, drawings, maps and records required for undertaking the Commission
• Fares, travelling, car hire and hotel expenses
• Services such as chemical analysis and laboratory testing undertaken by specialist firms
• Plant hire and labour subcontractors charges
• Hired or purchased specialist field and laboratory instruments
• Postage, courier and delivery charges

Duly Authorised Representative of the Company:

Signature______________________________ Date:_________________

Name_________________________________

Position_______________________________

Please refer to terms and conditions attached

PLEASE COMPLETE AND RETURN THE ACKNOWLEDGMENT SLIP BELOW TO CONFIRM YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS

To: Design Construction Management Services Ltd
597 Etruria Road
Basford
Stoke-on-Trent
ST4 6HP

Job Title______________________________ Date:_________________

I hereby agree to the consultants Terms and Conditions.

Duly Authorised Representative of the Client:

Signature______________________________ Date:_________________

Name_________________________________

Position_______________________________



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Company’s Registered Office Address: 597 Etruria Rd, Basford, Stoke On Trent, Staffordshire. ST4 6HP.
Japanese Knotweed Survey © Copyright 2010

Japanese knotweed survey, management, control, eradication & land remediation relief.
Areas include Staffordshire, Cheshire, West Midlands, Manchester, Birmingham & Stoke On Trent.

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