TERMS AND CONDITIONS
1. Agreement Overview
1.1 These terms and conditions ("Agreement") govern the provision of design and planning services (the "Services") by Binney and Sims Design Limited ("Agency") to the client ("Client").
1.2 By engaging Agency's Services, the Client agrees to be bound by the terms and conditions outlined herein.
1.3 Unless otherwise agreed, these terms of business apply to our future instructions from you. Your continued instructions will amount to your acceptance of these terms and conditions of business.
2. Scope of Services
2.1 Agency agrees to provide design and planning services as outlined in our set scope of works or as detailed in the quotation.
2.2 Any changes to the scope of Services must be agreed upon in writing by both parties.
2.3 Planning drawings are not to be used as construction drawings.
2.4 We aim to communicate with your Local Planning Authority case officer however, communication throughout the planning process is at the discretion of the local planning authority and feedback cannot be guaranteed.
2.5 The planning application deadline is at the discretion of the local planning authority.
2.6 Your chosen builder will need to assess all plumbing and drainage prior to work commencing to ensure there is no conflict with the proposed internal layout.
2.7 Planning drawings are subject to building regulations and structural engineering.
2.8 Building control may require alterations to the planning drawings to meet statutory compliance. This could result in the need for a revised planning application. The Agent will not be liable for resubmission costs.
2.9 Our set fees include up to 2 additional design amendments following the initial design proposals. Further amendments will be charged at an hourly rate of £60 plus VAT.
2.10 We cannot guarantee the success of a planning application.
2.11 Additional reports requested by your validation officer or case officer are at the council’s discretion. We can obtain quotes for additional reports for the Client as required. Sourcing additional reports may delay the planning process.
2.12 Structural engineering and setting out drawings are provided by a third party, following approval of the quote your contract will be direct with them and under their terms and conditions.
2.13 Payment will be made directly to the engineer for their work provided.
2.14 Binney and Sims Ltd do not take responsibility for unforeseen underground conditions such as wells and disused drains etc.
2.15 For building regulation purposes the Principal Designer will be the person that carries out the construction drawings.
2.16 All surveys carried out by Binney and Sims Design are non-intrusive, we will assume traditional construction methods.
Additional planning documents:
i. CIL: CIL’s may be required. All measurements are taken from planning drawings. It is the responsibility of the client to check the accuracy of the measurements given before signing the CIL form. CIL forms are completed if highlighted by the Local Planning Authority. Binney and Sims do not check the requirement for the submission of a CIL. Please refer to our standard fees for us to submit the CIL application. They are subject to our standard payment terms. https://www.planningportal.co.uk/planning/policy-and-legislation/CIL/about-CIL
ii. Unilateral Undertaking: These documents may be required if you are intending to add new bins to an existing or new dwelling. Please refer to our standard fees for us to submit the unilateral undertaking application on your behalf.
They are subject to our standard payment terms.
3. Fees and Payment Terms
3.1 Client agrees to pay the fees as set out in a standard fee list or as per quote provided.
3.2 Payment terms are 7 days from the date of the invoice.
3.3 Late payments may be subject to interest at 5% increase per month.
3.4 All prices quoted are subject to the current VAT rate.
3.5 Initial visits are free of charge; however, mileage will be charged over a 40-mile radius of PE19 1BG (65p per mile).
3.6 Standard minimum charge is 1 hour at our hourly rate at £60 plus VAT.
3.7 Additional visits, meetings, or more in-depth surveys are charged at our hourly rate.
3.8 Designs are sent electronically, if paper copies are required these can be provided on A3 paper at a cost of £7.50 per set, larger scale drawings will incur a higher printing fee and will be quoted separately.
3.9 Once the planning application has been submitted, any alterations required by the client or council are subject to our hourly rate or set fees at agency discretion.
3.10 Planning re-submissions are subject to our hourly rate or set fees at agency discretion. Resubmissions may also be subject to additional council fees.
3.11. We can advise and quote for any additional reports required prior and throughout the planning process.
3.12 Additional time spent for the agency to source the reports are charged at our hourly rate of £60 plus VAT. Specialist report costs are in addition to the Agency fees and the Client will be invoiced separately for these payments.
3.13 If for any reason during the design process the client decides not to proceed with planning, an invoice will be issued for the work completed at our hourly rate of £60 plus VAT.
3.14 If no communication is received within 4 weeks of the design drawings being sent for approval, we will issue an invoice for the works completed to date at our hourly fee or agreed design fee.
3.15 Client’s will be invoiced as follows:
30% following the measured survey
70% (plus council fees and Planning Portal fees) one the application has been submitted to the Local Planning Authority
3.16 Failure to make payment within the 7 day payment term may result in delays to the design and planning process.
4. Confidentiality
4.1 Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement.
4.2 Agency may use subcontractors as necessary but will ensure subcontractors adhere to confidentiality obligations.
5. Intellectual Property
5.1 Agency retains ownership of any intellectual property including the DWG/AutoCAD files.
5.2 Client may use deliverables provided by Agency for the purpose intended but may not reproduce, distribute, or sell them without Agency's prior written consent.
6. Client Responsibilities
6.1 Client agrees to provide timely and accurate information, feedback, and approvals necessary for the successful completion of the Services.
6.2 Party wall act may be required and is the responsibility of the Client, we can advise if required.
6.3 Delays caused by the Client may result in adjustments to project timelines and fees.
6.4 It is the responsibility of the Client to check and inform us of any covenants or land ownership information at the site address.
6.5 The design drawings and draft application forms need to be approved in writing by the Client before the application is submitted to the council.
6.6 Site plans are to be checked and verified by the Client before the planning application is submitted.
6.7 It is the responsibility of the client to verify the details entered planning application form upon submission.
7. Termination
7.1 Either party may terminate this Agreement with written notice if the other party breaches a material term of this Agreement.
7.2 Upon termination, Client agrees to pay Agency for Services rendered up to the termination date.
8. Liability
8.1 Agency's liability for any claim arising out of or in connection with the Services shall be limited to the total fees paid by Client.
8.2 Neither party shall be liable for any indirect, special, or consequential damages.
9. Force Majeure
9.1 Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to events beyond its reasonable control.
10. Acceptance
10.1 By engaging the Services of Binney and Sims Design Ltd the Client acknowledges and agrees to be bound by the terms and conditions outlined in this Agreement.
10.2 Amendments to this Agreement must be in writing and signed by both parties.
