TERMS AND CONDITIONS
1. DEFINITIONS
- 1.1. the ‘Tender Acceptance Form’ means the document that outlines the Services and forms part of the Contract which is signed by the Client;
- 1.2. the ‘Company’ means Spatial Dimensions Ltd;
- 1.3. the ‘Contract’ means the terms and conditions set out in this document together with the Acceptance Form;
- 1.4. the ‘Client’ means the person, firm or organisation who employs the Company, including those acting as an agent for a third party;
- 1.5. the ‘Services’ means any air, land, topographic, hydrographic, building, underground survey, setting out or any other service(s) provided
- by the Company to the Client;
- 1.6. the ‘Data’ means any drawings, discs, reports, or any other media in any format to be supplied as part of the Service(s);
- 1.7. the ‘Price’ means the agreed fee(s) for any Service(s);
- 1.8. the ‘Writing’ means facsimile, letter, electronic communication (such as email) and any comparable means of communication.
2. ACCEPTANCE OF CONTRACT
- 2.1. This Contract will be in full force and effect upon the acceptance by the Client of:
- 2.1.1. the arrival of the Company’s representatives or employees on site to commence the Services;
- 2.1.2. the receipt and acceptance of a quotation and/or tender (verbal or written) and/or the Acceptance Form for the Services supplied by the Company to the Client;
- 2.1.3. the receipt of any Data to the Client supplied by Company.
- 2.2. The Client shall not cancel the contract without compensating the Company for work completed to time of cancellation plus 20% of the Price remaining.
- 2.3. Where the Client has its own Terms and Conditions the Client must make the Company aware of the said Terms and Conditions, in Writing, at the tender or quotation stage or this Contract shall prevail and take precedence.
- 2.4. The Client shall make known all relevant facts to the Company to enable them to execute the Services.
- 2.5. The Client shall arrange access where appropriate or reimburse for costs incurred by the Company due to being unable to gain access.
3. ASSIGNMENT AND SUB-CONTRACTING
3.1. The Company reserves the right to sub‐contract any part or all of the Services whilst maintaining responsibility for the Services as if they had not been sub‐contracted or assigned.
4. PAYMENT
- 4.1. The Price quoted excludes delivery and VAT.
- 4.2. The Services may be charged on an interim basis based on the nature of the project and work to date.
- 4.3. We require payment to terms (14 days from invoice date). Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to the Company’s solicitors, and any additional costs generated by referring the matter will need to be settled in additional to the Company’s original invoice.
- 4.4. In respect of late payment the Company reserves the right to charge 8% above the base lending rate of National Westminster Bank plc, per month, compounded on all overdue accounts until settled.
- 4.5. Payment will not be effected until clearance of funds in our account.
- 4.6. Where payment is referred to a third party this shall not relieve the Client from responsibility under this Contract without prejudice to the Company’s rights against that third party to recover its debt.
5. DELIVERY
- 5.1. Delivery shall be deemed as effective to the Client when the Data is delivered to the Client in the agreed media format or by instruction of the Client to a third party.
- 5.2. The Company shall not be liable for any consequential loss, loss of profits or any loss of business due to non, or late, delivery of its Services.
- 5.3. The Company shall be informed within 45 calendar days of delivery of the Services, in writing, of any items requiring rectification at the Company’s expense or if such items can be shown that no error be attached to the Company then any costs so generated to be reimbursed by the Client.
6. FORCE MAJEURE
6.1. Where delivery is refused or where the Company is unable to deliver due to circumstances beyond its control then the Company is entitled to treat the Contract as being fulfilled or partially fulfilled and invoice the Client accordingly under this Contract – a non exhaustive list of such circumstances would include lack of information or instructions from the Client, Act of God, war or other hostilities, civil commotion, interruption of transport, strike lockout or other form of industrial action, accidents or stoppages to works, shortage of labour, materials equipment fuel or power.
7. LIABILITY
- 7.1. The Company shall indemnify the Client for an amount limited to the Price agreed for the Services and shall not exceed that amount outlined on the Acceptance Form under the Contract.
- 7.2. The Company shall hold or effect policies of insurance to cover Public Liability, for not less than £1,000,000 (one million pounds sterling), and Professional Indemnity with Markel Insurance Uk plc. Registered in England No. 78950. Registered Office: 5 old Broad Street, London, EC2N 1AD.
7.3. All Data ‘in transit’ is to be insured by the Company for all risks until delivered to the Client in accordance with Clause 5 of this Contract.
8. INTELLECTUAL PROPERTY
- 8.1. All Intellectual Property concerning the Data remains vested in the Company who will grant an irrecoverable licence for use by the Client once payment has been received and cleared in full.
- 8.2. No third party may use the Data even if payment has been made to the Client but not received by the Company.
- 8.3. The Company may provide Data prior to the issue of an invoice under a temporary licence arrangement extending no more than 30 days from date of subsequent invoice. A breach of Copyright will occur should payment not be made within this due period. Also the Client may only hold the Data in a fiduciary capacity which enables the Data to be identified as belonging to the Company until payment has been made under Clause 5.
- 8.4. The Client’s right to possession of the Data shall cease if it does, or fails to do anything, which would entitle an administrative receiver to take possession and the Client shall grant an irrecoverable licence to the Company to repossess its Data in this event.
- 8.5. The trademarks, trade names, design rights, goodwill, patents, copyright and all other proprietary rights arising out of the provision of the Services are the property of the Company and the Client shall not cause or permit anything that might damage or endanger them or alter, deface, remove any markings or any indications as to the source of the Data in any of the media formats supplied. insurance to cover Public Liability, for not less than £1,000,000 (one million pounds sterling), and Professional Indemnity with Markel Insurance Uk plc. Registered in England No. 78950. Registered Office: 5 old Broad Street, London, EC2N 1AD.
- 7.3. All Data ‘in transit’ is to be insured by the Company for all risks until delivered to the Client in accordance with Clause 5 of this Contract.
9. SUPPLY OF DATA
9.1. Unless otherwise specified and agreed in writing, between the Client and the Company, the Data supplied as part of the Services allows for the supply of one set of digital drawings of the Data. The supply of additional plots and/or digital files required by either the Client and/or a third party can be supplied at a minimum cost of £125.00 (+VAT) this is a guideline price only and any cost must be confirmed prior to processing request.
10. OTHER FEES
10.1. Additional fees may be levied by the Company to the Client for the hire of specialist equipment, services or for any other costs incurred outside of the quotation. All such costs will be agreed with the Client by the Company prior to arranging for any specialist provisions.
11. CONFIDENTIALITY
11.1. The Client and the Company will respect mutual confidentiality in all aspects of the Contract.
12. WARRANTIES
12.1. No liability for accuracy shall extend beyond the specific scale of graphical mapping, digitised data or any other accuracy specified forthe Services.
13. JURISDICTION
13.1. The Contract shall be construed and performed in accordance with the Laws and Courts of England.
WHY CHOOSE SPATIAL DIMENSIONS?
CONSULTATION
We strive to give you the survey data you need as economically as possible. We’ll consult with you on your requirements to make sure we have everything covered and are not collecting information that isn’t needed. Saving you time and money.
CLEAR PROPOSAL
The devil is in the detail as they say. We’ll make sure our proposal to you is clear, concise and details exactly what you are ordering. We’ll aim to get a quote back to you within 48 hours.
PRICE MATCH PROMISE
We want you to get great value for money saving your budget for building amazing spaces that everyone loves. We’re very confident you won’t find a more competitive survey elsewhere for the same quality.
FAST MOBILISATION
Time is money, save some by placing your order online. We’ll quickly arrange access to the site, address any health & safety requirements and get to any location in the UK quickly.
KEEP YOU INFORMED
We’ll update regularly on the progress of the survey Any issues or unforeseen delays will be reported promptly so you can plan your resources to get to work on the deliverables as soon as they are delivered.
QUALITY ASSURED
When you choose Spatial Dimensions you don’t have to worry about quality and accuracy. All surveys are passed through a rigorous QA check to make sure we get it right first time.
Our guarantee to you; if we miss any information that was specified in our proposal, we'll go back and fix it, quickly with no questions asked.