Home Owner Terms & Conditions

The services we will provide (“the Services”) in connection with the Task are set out in our Fee Proposal letter which is held as incorporated into and forms part of these conditions. 

The terms on which we will carry out this commission and which constitute the contract between you and us are set out below (“the Agreement”).

1            We will use reasonable skill and care in the performance of the Services. We will also comply with any agreed programme set out in our Fee Proposal letter which is held as incorporated into and forms part of these conditions unless we are prevented from doing so for reasons beyond our reasonable control.

2            You will provide us with all information in your possession that is relevant to the Services or which we will reasonably request from you.  You will also give us in good time the decisions, consents and approvals we need. 

3.           We will keep you informed as to the progress of the Services and inform you promptly of any issue which could significantly affect the scope of the Services, the performance of the Services or the fees.

4.           We will not without your prior written consent disclose to any person any private or confidential information concerning you or the Project save in the proper course of our business or to our professional advisers or insurers or as required or permitted by law. 

5            The fees for the Services and payment methods are detailed in our Fee Proposal Letter.

6            Our fees are inclusive of all our expenses and any foreseeable charges payable by us to local or other authorities for seeking and obtaining statutory permissions relative to “the services”. Unless stated otherwise, we will inform you in advance of any unforeseen charges, for which you will reimburse us separately.

7            Should it become necessary to change the Services or provide additional Services we will agree with you any alteration to the fees before commencing the changed or additional Services.  These terms will apply to any changed or additional Services. 

8            Our invoices are to be paid by you within fourteen days of the date of receipt by you of the relevant invoice.

9            Interest will be added at the rate of 2½% over the Bank of England base rate to all amounts remaining unpaid after the fourteen-day period. 

10          VAT, where applicable, is chargeable in addition and at the rate and in the manner prescribed by law.

11          Our total liability under or in connection with this Agreement, whether in contract or in tort, in negligence, for breach of statutory or otherwise (other than in respect of personal injury or death) will not exceed the sum of £500,000 (Five Hundred Thousand Pounds)

12          We will maintain professional indemnity insurance in an amount and for the length of time sufficient to cover our liabilities under this Agreement subject to all the exceptions, exclusions and limitations to the scope of cover that are commonly included in such insurance policies and subject to such insurance being available at commercially reasonable rates.

13          In respect of death or personal injury you shall look only to the Consultant, McColl Structures Ltd, (and not to any individual; defined as any employee or member of the Consultant, including any officer or director of the company) for redress if the client considers that there has been any breach of this agreement. You also agree not to pursue any claims in contract tort or statute (including negligence) against individuals as a result of carrying out our obligations under or in connection with this Agreement at any time and whether named expressly in this Agreement or not, looking only to the Consultant, McColl Structures Ltd.

14          Either you may terminate or we may terminate this Agreement at any time by giving seven days’ notice in writing to the other (including in the circumstances where we are unable to continue to perform the Services through ill-health, incapability or otherwise) or immediately by notice in writing if the other is in material breach of this Agreement. 

15          In the event of termination other than for our breach, you will pay us a fair and reasonable amount commensurate with the Services performed up to the date of termination. 

16          Termination of our appointment under this Agreement shall not prejudice or affect the accrued rights of either you or us. 

17          Nothing in this Agreement confers or purports to confer on any third party any benefit     or any right to enforce a term of this Agreement.

18          This Agreement will be governed and construed in all respects in accordance with the law of Scotland.

Acceptance of the terms of this Agreement will occur by you signing and returning to us the Acceptance Form enclosed with our Fee Proposal letter. This will allow us to proceed with the Services.

We look forward to working with you.