Terms & Conditons
TERMS AND CONDITIONS – FIRE RISK ASSESSMENT
1. APPOINTMENT SPECIFICS
The company providing professional indemnity insurance in accordance with clause 3.2. is Hiscox. The total limit of Safety Group liability to the client referred to in clause 3.2 is £ 5,000,000.00.
All expenses and disbursements, incurred by Safety Group in performing the Services as part of the appointment are included in the agreed Fee.
2. SERVICES
2.1. LEGISLATION AND REGULATIONS
This Agreement incorporates:
• The Association of Consultant Engineers Conditions of Engagement 1995 second
edition 1998 Agreement D (“the Ace Conditions”) except as varied by this Agreement
which shall have precedence in case of any conflict. All definitions and references to
terms in this Agreement shall be deemed to have the meaning and refer to the provisions
of the Ace Conditions;
• The Building Regulations 2010 (as amended);
• The Regulatory Reform (Fire Safety) Order 2005; and,
• The Building Act 1984 (as amended).
The Building Regulations 2010 include provisions for fire safety within certain classes of buildings.
Part B of Schedule 1 to the Building Regulations includes five functional requirements:
• Regulation B.1 Means of warning and escape.
• Regulation B.2 Internal fire spread (Linings).
• Regulation B.3 Internal fire spread (Structure).
• Regulation B.4 External fire spread.
• Regulation B.5 Access and facilities for the fire service.
2.2. WARRANTIES
In delivering the Services, Safety Group shall employ properly qualified and competent Consultant Fire and Safety Engineers which shall exercise reasonable skill care and diligence of experienced Consultant Fire and Safety Engineers in the provisions of the Services.
3. CONDITIONS
3.1. CHARGES AND PAYMENT
The due date for payment of an instalment of the Fee, together with expenses and disbursements if they are to be paid in addition, shall be the date of submission of Safety Group valid invoice for each instalment. The final date for payment of that invoice is specified between 0-28 days after the due date for the payment. The Fee is exclusive of VAT, which shall be paid in addition to the main Fee.
Any sum due under the appointment which is not paid by the final date for payment shall carry interest at 5% above the Bank of England official dealing rate applicable from the final date for payment until the date on which payment is made.
3.2. CHANGES TO THE PROJECT AND ADDITIONAL WORK
Safety Group shall notify the client in writing as soon as it becomes aware that any additional work will be required, because of:
• Changes in the design, size, scope or complexity of the project;
• Changes in the timing or programming of the project;
• A failure by the client to comply with its obligations under this contract;
• Additional meetings and/or visits and/or other work is required.
The client shall pay Safety Group for the additional work on a time change basis, at the rates set out in the table below. Safety Group may include a charge in the next payment instalment after the additional work (or part of it) has been performed.
The Fee/charge for Additional Work shall be calculated on the basis of the time properly and
necessarily spent by Safety Group in performing the Services at £145.00 + VAT per hour..
NB These additional charges will not be charged without formal agreement with the client and would only be applicable where the following occurs: -
• Changes in the design, size, scope or complexity of the project;
• Changes in the timing or programming of the project;
• A failure by the client to comply with its obligations under this contract;
• Additional meetings and/or visits and/or other work is required.
3.3. INSURANCE
Safety Group shall maintain professional indemnity insurance and public liability insurance in compliance with the guidelines issued by the Department of Communities and Local Government (or any successor Department responsible for the Building Act 1984). On the client’s written request, Safety Group shall provide evidence that these insurances are being properly maintained.
3.4. ASSIGNMENT AND SUBCONTRACTING
Either party may assign its rights and benefits under this contract. Safety Group may subcontract any part of the services and any additional work.
3.5. TERMINATION AND DISCHARGE
The client may terminate the appointment forthwith if:
• is in material breach of its obligations under these terms and conditions and has failed to remedy the breach within 28 days of the date of the notice of the breach from the client; or
• Limited becomes insolvent.
may terminate the appointment forthwith if:
• The client is in material breach of its obligations under the appointment and has failed to remedy the breach within 28 days of the date of the notice of the breach from Safety Group.
3.6. CONSEQUENCES OF TERMINATION
If the appointment has been terminated, the client shall pay Safety Group any instalments of the Fee due to the date of termination together with a fair and reasonable proportion of the next instalment of the Fee commensurate with the services and any additional work performed by prior to the notice of termination.
3.7. LIMITATIONS OF LIABILITY
Nothing in clause 3.6 shall limit Safety Group’s liability for negligence
resulting in death or personal injury.
Notwithstanding any other provisions in these terms (apart from Clause 3.6), Safety Group’s total liability to the client for any claims arising under or in connection with the appointment whether in contract, in tort (including negligence), for breach of statutory duty or otherwise) shall be limited to the amount set out in clause 1.2.
Without prejudice to any other exclusion or limitation of liability, damages, loss, expense or cost, the liability of for any loss or damage (‘the loss or damage’) under the appointment shall be limited to that proportion as it would be just and equitable for Safety Group to pay having regard to the extent of its responsibility for the loss or damage and on the assumptions, that:
• all other consultants, contractors, subcontractors, and advisers engaged in connection with the Project have provided contractual undertakings on terms no less onerous than those in clause 3.1 to the client in respect of the carrying out of their obligations in connection with the project.
• there are no exclusions of or limitations of liability nor joint insurance or co-insurance
provisions between the client and any other party referred to in this clause and any such
other party who is responsible to any extent for the loss or damage is contractually liable to
the client for the loss or damage; and
• all the parties referred to in this clause have paid to the client such proportion of the loss or damage which it would be just and equitable for them to pay having regard to the extent
of their responsibility for the loss or damage. Safety Group shall not be responsible for the supervision of any contractor or subcontractor, nor shall have any liability for ensuring the performance or adequate standard of workmanship of any contractor or subcontractor.
The members of Safety Group for redress if the client considers that there has been any breach of these terms. The client agrees not to pursue any claims in contract, in tort
(including negligence), for breach of statutory duty with this contract at any time. The client
acknowledges that such individuals are entitled to enforce this term pursuant to the contracts (Rights of Third Parties) Act 1999.
3.8. COMMENCEMENT
Whatever the date of appointment, these terms shall have effect commencing on the date when Safety Group commenced the services.
4. DEFINITIONS AND INTERPRETATIONS
4.1. DEFINITIONS
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
4.2. ADDITIONAL WORK
Means the type or volume of services appropriate for Safety Group to carry out in relation to the project as a result of or in consequence of the matters described in clause 3.6 and which are not already covered by the services set out in Part 2, together with any other services instructed by the client and agreed by Safety Group.
4.3. FEE
Means the total amount to be paid to Safety Group for the services and
any additional work.
5. ADDITIONAL NOTES
5.1. THE FEE
The Fee is to be a lump sum or charged on a time basis, if a lump sum is agreed, the appropriate details should be inserted. Time charge rates should be inserted in all cases, since if any additional work is undertaken, it is charged on a time basis.
5.2. EXPENSES AND DISBURSEMENTS
Note that there are three alternatives (that expenses and disbursements are included within the Fee; that they may be charged in addition to the Fee; or that certain specified items may be charged). The unused alternatives must be deleted.
5.3. INSTALMENT PAYMENTS
In accordance with the Safety Group Fee Schedule or otherwise agreed
schedule.