The following terms and conditions shall apply to all work undertaken by the FUTURE BY ENERGY and shall supersede and override all other warranties, representations and terms and conditions whether express or implied, oral or written, including the Client's standard terms.
"FUTURE BY ENERGY" or the "Company" is the FUTURE BY ENERGY trading under these conditions that are set out by the Company.
"Client" is the party at whose request or on whose behalf the FUTURE BY ENERGY undertakes surveying services.
"Report" means any report, advice or statement supplied by the FUTURE BY ENERGY in connection with instructions received from the Client.
"Disbursements" means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, refreshments and hotel accommodation where an overnight stay is necessary.
"Fees" means the fees charged by the FUTURE BY ENERGY to the Client and including any value added tax where applicable and any Disbursements.
The FUTURE BY ENERGY shall provide services solely in accordance with these terms and conditions.
Where appropriate, the Client will set out in writing the services which it requires the FUTURE BY ENERGY to provide
When acting for underwriters or other clients, the FUTURE BY ENERGY’s opinions will be offered strictly without prejudice to liability, unless specifically authorised otherwise by the client.
In normal circumstances, the Company will offer to perform the work on an hourly rate, up to a maximum of nine hours per day. The Company reserves the right to increase it's hourly or daily rates at least once per annum to reflect increased costs.
Our services will be chargeable at £70 per hour per engineer for the first hour and £40 per hour per engineer for the rest of the hours.
Please note those fees are applicable to carrying out the site survey and writing the reports.
Daily rates are £400 per engineer.
Changes to our services and additional services will be chargeable at £40 per hour per engineer. Daily rates are £400 per engineer.
Our offer remains open for a period of 30 days.
Our fees include all travel costs to sites within one hours travel time of our main office in London.
Excluded from the fees are:
For any access equipment that is required to get to the air conditioning units to carry out the assessment.
Any overnight stays in hotels / meals which may be required to carry out one or more assessments.
Any additional works required outside the assessment.
4. Payment Terms
a) In the case of billing, the Client will be responsible for his designated portion of the FUTURE BY ENERGY’s invoice and shall pay the FUTURE BY ENERGY's fees punctually in accordance with these Conditions and in any event not later than 30 days following the relevant invoice date. Any delay in payment shall entitle the FUTURE BY ENERGY to interest on a daily basis at 4% above the Base Lending Rate of LIYODS TSB Bank Plc prevailing at the time of default. Further delays in payment may require legal action for debt recovery.
b) The same terms and conditions as (a) above shall apply to single party billing.
c) We will not accept any other payment terms than those specified.
5. Disputed invoices
If any part of an invoice is genuinely in dispute, the Client shall pay the undisputed part thereof. The Parties shall endeavour to resolve the disputed portion, without delay.
6. Obligations and Responsibilities
a) FUTURE BY ENERGY
The FUTURE BY ENERGY shall use reasonable care and skill in the performance of the services in accordance with good marine surveying practice.
The FUTURE BY ENERGY shall submit interim advices, site situation reports and a final report to the Client during and following completion of the agreed services describing the FUTURE BY ENERGY’s findings, assessments and inspection purporting to the purpose of the Client's instruction, unless otherwise expressly instructed by the Client not to do so.
The FUTURE BY ENERGY undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a competent court of law.
d) Intellectual Property
The right of ownership in respect to any intellectual property resulting from the performance of the work created by the FUTURE BY ENERGY remains the property of the FUTURE BY ENERGY. The Client shall be entitled to disclose the report or document to a third party for whose benefit the instruction/contract was specifically commissioned.
The FUTURE BY ENERGY shall promptly notify the client of any matter, including conflict of interest, or lack of suitable qualifications and experience, which would render it undesirable for the FUTURE BY ENERGY to continue its involvement with the appointment. The Client shall be responsible for payment of the FUTURE BY ENERGY's fees up the date of notification.
The client shall promptly settle the FUTURE BY ENERGY’s invoice in accordance with Payment Terms above.
a) The FUTURE BY ENERGY shall be under no liability whatsoever to the Client for any loss, damage, delay or expense, whether direct or indirect arising howsoever caused UNLESS same is proved to have resulted solely from the gross negligence or wilful default of the FUTURE BY ENERGY or any of its employees or agents or sub-contractors resulting in direct damage to tangible property where the company's liability shall be limited in accordance with paragraph (c) below.
b) The company's total liability for professional negligence shall not exceed the fee paid for the work.
c) The Company accepts liability for direct damage to tangible property or death or injury to persons to the extent caused by the proven negligent acts or omissions of the Company and its employers and Consultants, provided that the Company's liability for the same shall be limited to the coverage and indemnity limits provided under the Company's insurance policies (which are available for inspection on request), unless otherwise covered by statute.
d) If the Company or any of its employees, agents and sub-contracts shall act or fail to act in any manner which results in an actionable wrong, the Client shall, subject to Clauses 8b) and 8c) above indemnify the Company against all claims, damages, costs and expenses made or incurred by a third party arising from any such act or lack of act by the Company.
8. Force Majeure
Neither the FUTURE BY ENERGY nor the Client shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war or terrorism, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restrain of princes, rulers or people.
The FUTURE BY ENERGY shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the FUTURE BY ENERGY may be held liable to the Client under these terms and conditions.
a) FUTURE BY ENERGY Right to sub-contract
The FUTURE BY ENERGY shall have the right to sub-contract any of the services provided under the conditions, subject to the Client's right to discuss such an appointment and object on reasonable grounds if necessary. In the event of such a sub-contract, the FUTURE BY ENERGY shall remain fully liable for the due performance of its obligations under these conditions.
b) Time Bar
Any claims against the FUTURE BY ENERGY shall be deemed to be waived and absolutely time barred upon the expiry of one year from the submission date of the report to the Client.
c) Document retention
The Company shall retain all data, correspondence, documents and records that have a bearing on the services provided to the Client for a period of 7 years after completion of the service. The client will be given the right to have their own disclosed documentation returned by the Company or destroyed upon completion of the service.
d) Limit of Indemnity
Public & Products Liability (PL) Section Limit of Indemnity
Professional Indemnity (P1) Section Limit of Indemnity
Excess PL (third party property damage only) and PI
10. Governing Law
This Agreement shall be governed by and construed in accordance with English Law and the Client submits to the exclusive jurisdiction of the English Courts or Arbitration in London, England. Nothing herein shall prevent the Company from enforcing in any country an award made by the above exclusive jurisdiction.
For any more information then please contact us, we forward on any more information you require or will be more than happy to discuss any questions you may have.
Please note that all inspection will carry out based on CIBSE TM44: Inspection of Air Conditioning Systems.
It is Client responsibility to provide access to all air conditioning systems.
a) Our services include the co-ordination, management, surveying and report writing for each of the locations being surveyed having fixed air conditioning equipment capacities of between 12-250kw. These reports must be concluded by 4 January 2011.
b) Our services are to be undertaken by registered Air Condition Inspection Engineers as defined under the Energy Performance in Buildings Directive. This competence ensures our engineers are accredited and have the experience necessary to undertake survey complying with CIBSE Technical Memorandum TM44 (2007).
12. Survey Limitations & Conditions
a) In some instances external condenser plant may be inaccessible due to the fixing height of the units above ground level. As such in this case the condenser unit details will be obtained through the F gas report which we assume each location will have available for us to inspect.
(We can offer this service as a separate fee if required)
b) Our services are limited to use of a standard 5ft step ladder. Access platforms, scaffolding or road close notifications and the like are not included within our proposal but these services can be provided if necessary.
c) We will not charge additional fees where we have failed to meet our obligations to attend site at the agreed dates in accordance with our agreed visitation protocols. We however reserve the right to request additional fees should we be unable to access a location through no fault of our.
d) Please note our services are non intrusive and no equipment or settings will be touched during our visit.
e) The reports we issue are intended to be acted upon by the receiving party. Failure to do so may result in future fines by the regulating body.
f) Changes to our services and additional services will be chargeable at £40 per hour per engineer or £100 per inspection. Daily rates are £400 per engineer.
d) Written instructions are required prior to any additional services being provided, which are over and above the original brief. These additional services will be charged at £350 per day per engineer plus disbursements, unless agreed otherwise (£40/Hour)
f) Information supplied under the terms of our appointment remain the property / ownership of Future BY Energy until the associated fee account has been paid and we also reserve the right to cease work in relation thereto until all outstanding accounts have been settled.
g) All services provided are based on the initial brief and any subsequent re-design / amendment to the brief will be deemed to be additional services and charged accordingly.
h) Information provided for the specific scheme shall not be used for any other purpose other than that intended. We accept no responsibility or liability for failure to comply with this statement.