IMPORTANT NOTICE: This document sets out information about us and the legal terms and conditions (Terms) on which we provide to you any of the services we provide. Please read these Terms carefully and make sure that you understand them, before ordering any services from us. These Terms will apply
to any contract between us for the provision of services to you.
OUR LIABILITY TO YOU: Your attention is particularly drawn to the provisions of clause 8 (if you are a consumer) or clause 14.5 (if you are a business customer) which limits what we will be liable to you for if we breach these Terms and in other circumstances.
1.1 In these Terms we/our/us means CPR (Construction Plans & Regulations) Limited. Our head office is at Unit 15, Bellringer Road, Trentham, Stoke-on-Trent, Staffs ST4 8LJ.
1.2 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 9.2;
(b) Order: either:
(i) your signature on the Initial Notice; or
(ii) your written acceptance of our quotation for the Services;
(c) Hourly Rate: £60 per hour plus VAT together with any reasonable expenses and mileage at £0.45 per mile;
(d) Services: the services that we are providing to you as set out in the Order;
(e) Site: the premises where the Services are to be carried out.
1.3 You are a business customer if we are providing the Services to you for purposes relating to your trade, business, craft or profession, whether you are acting personally or on behalf of a business. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside
your trade, business, craft or profession.
1.4 When we use the words writing or written in these Terms, this will include e-mail unless we say otherwise.
2 OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which we supply Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign the Order. If you think that there is a mistake or you require any changes, please contact us to discuss. We will confirm any changes in
writing to avoid any confusion between you and us.
2.3 When you sign and submit the Order to us, this does not mean we have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If we are unable to supply you with the Services, we will inform you of this in writing and we will not process the
2.4 These Terms will become binding on you and us when we contact you to tell you that we are able to provide you with the Services, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
2.5 We shall assign an order number to the Order and inform you of it when we confirm the Order. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.6 Any quotation is only valid for 6 months from issue.
3 PROVIDING SERVICES
3.1 We will supply the Services to you from the date set out in the Order until the Services are completed.
3.2 We will make every effort to complete the Services within a reasonable time. However, there may be delays due to an Event Outside Our Control. See clause 9 for our responsibilities when an Event Outside Our Control happens.
4 WHAT YOU NEED TO DO
4.1 You must:
(a) provide us with information and documents which we request from you to provide the Services. We will contact you about this from time to time;
(b) provide us with access to the Site and any other facilities which we reasonably request; and
(c) pay us for the Services in accordance with clause 7.3.
4.2 If you do not, after being asked by us, provide us with the information requested under clause 4.1(a), or if you provide us with incomplete or incorrect information, or if you do not provide access to the Site in accordance with clause 4.1(b), we may make an additional charge of a reasonable sum to
cover any extra work that is required, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided the information or access to us after we have asked you for it.
4.3 If you do not pay us for the Services when you are supposed to as set out in clause 7.3, we may suspend the Services with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this. This does not affect our right to charge you interest under clause 7.4.
5 SPECIFIC SERVICES
5.1 The following clauses apply where we are carrying out the specific services listed below:
5.2 Building control
(a) In respect of the project set out on the Order we will:
(i) prepare and submit the initial notice for the purposes of section 47 of the Building Act 1984;
(ii) carry out the functions of an approved inspector as set out in regulation 8 of the Building (Approved Inspectors etc.) Regulations 2010; and
(iii) if you are not the homeowner, write to the homeowner to notify them of our appointment and the consequences of it.
(b) It is not the role of an approved inspector to supervise the building works to ensure that they are properly carried out; that should be carried out by a building surveyor or architect.
(c) You must provide all plans and documentation which we require to prepare the initial notice.
(d) You must ensure that:
(i) the buildings works are carried out with reasonable care and skill; and
(ii) the Building Regulations 2010 are complied with.
(e) We have budgeted for a specific number of Site visits. If we have to carry out additional Site visits because you have not complied with clause 4.1 or because the buildings works have not been carried out with reasonable care and skill then we will charge an additional Site visit fee in accordance
with our Hourly Rate.
(f) Once the buildings works are occupied or complete you must notify us as soon as possible, and in any event within 1 week of occupation or completion. If you do not do so your initial notice may cease to be in force, and we will not be liable for any loss or expense you incur as a consequence.
(g) We may withdraw our appointment as the approved inspector if this contract is cancelled by either us or you.
5.3 Fire Risk assessment
(a) We will carry out a risk assessment of the Site for the purposes of regulation 9 of the Fire Safety (Regulatory Reform) Order 2005.
(b) We will provide a written risk assessment.
5.4 Construction Design & Management principle designer/consultant
(a) In respect of the project set out on the Order we will act as a CDM Principle Designer appointed under regulation 5(1)(a) of the Construction (Design and Management) Regulations 2015 (2015 Regulations).
(b) Unless otherwise specified in the Order, we will carry out the specified duties in regulations 11 and 12 of the 2015 Regulations.
5.5 Party wall surveyor
(a) In respect of the boundary issue set out in the Order we will act for one party or as an agreed surveyor for the purposes of the Party Wall etc. Act 1996.
(b) We will carry out the duties set out in the Order.
5.6 Disabled access audit
(a) We will carry out an assessment of the Site for the purposes of section 20 of the Equality Act 2010. The assessment will be carried out in accordance with British Standard 8300.
(b) We will provide a written assessment.
6 IF THERE IS A PROBLEM WITH THE SERVICES
6.1 In the unlikely event that there is any problem with the Services:
(a) please contact us and tell us as soon as reasonably possible;
(b) please give us a reasonable opportunity to resolve the problem; and
(c) we will use every effort to resolve the problem as soon as reasonably practicable.
6.2 You have legal rights in relation to Services not carried out with reasonable skill and care. If you are a consumer, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office and nothing in these Terms will affect these legal rights.
7 PRICE AND PAYMENT
7.1 Unless we have agreed otherwise in writing, the price of the Services will be in accordance with our Hourly Rate.
7.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
7.3 The dates for payment will be as set out in the Order. If the Order makes no provision, the price of the Services is due in advance of us starting to provide the Services. Your rights to a refund of any advance payment on cancellation are set out in clause 10. Unless we have otherwise agreed in
writing, you must pay each invoice in cleared monies within 14 calendar days (unless otherwise stated) of the date of invoice. Payment can be made by:
(a) cash, in respect of which please ensure you receive a written receipt;
(b) cheque made payable to CPR (Construction Plans & Regulations) Ltd; or
(c) BACS to: account number 13011456, sort code 54 10 27.
7.4 If you do not make any payment due to us by the due date for payment we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of National Westminster Bank plc from time to time. This interest shall accrue on a daily basis from the due date
until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7.5 You shall pay on demand all reasonable costs and expenses which we may incur from time to time in connection with:
(a) enforcing the payment of any sum due to us under this contract (including costs relating to any instruction of a debt collection agency); or
(b) successfully defending a claim brought by you relating to this contract.
8 OUR LIABILITY TO YOU – YOUR ATTENTION IS DRAWN TO THIS CLAUSE
8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious
consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
8.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
(d) any other liability which cannot be limited or excluded by applicable law.
9 EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or
preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as
reasonably possible after the Event Outside Our Control is over.
9.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clause 10. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks.
10 CANCELLATION RIGHTS AND APPLICABLE REFUND
10.1 You may cancel the contract for Services with immediate effect by giving us written notice if:
(a) we break this contract in any material way and we do not correct or fix the situation within 5 days of you asking us to in writing; or
(b) we go into liquidation or a receiver or an administrator is appointed over our assets; or
(c) we are affected by an Event Outside Our Control.
10.2 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay us when you are supposed to as set out in clause 7.3 (this does not affect our right to charge you interest under clause 7.4); or
(b) you break the contract in any other material way and you do not correct or fix the situation within 21 days of us asking you to in writing; or
(c) you are made bankrupt or you go into liquidation or a receiver or an administrator is appointed over your assets; or
(d) We are affected by an Event Outside Our Control which continues for longer than 4 weeks.
10.3 In the event of you or us cancelling under this clause 10:
(a) if there is any part of the Services which has been carried out but for which no invoice has yet been raised then we will invoice you for it;
(b) if we cancel the contract under clause 10.2 you must pay a proportion of the outstanding price to us by way of compensation to us for the Services being brought to an end early, and such compensation will not be more
than the outstanding balance of the price you would have paid for the Services less any costs we save, including the cost of no longer providing you with the Services. We will invoice you for this compensation; and
(c) if you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you, after deducting any sums due to us under sub-clauses (a) or (b).
11 INFORMATION ABOUT US AND HOW TO CONTACT US
11.1 We are a company registered in England and Wales. Our company registration number is 04588409 and our registered office is at Unit 15, Bellringer Road, Trentham, Stoke-on-Trent, Staffordshire ST4 8LJ. Our registered VAT number is 800185862.
11.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 01782 658929 or by e-mailing us at firstname.lastname@example.org.
11.3 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post to CPR (Construction Plans & Regulations) Limited at Unit 15, Bellringer Road, Trentham, Stoke-on-Trent, Staffs ST4 8LJ.
We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.
12 HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to us to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
12.2 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
12.3 We will not give your personal data to any other third party.
13 OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If
we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a consumer resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are consumer resident in
Scotland, you may also bring proceedings in Scotland.
14 BUSINESS CUSTOMERS ONLY
THIS CLAUSE 14 ONLY APPLIES IF YOU ARE A BUSINESS CUSTOMER
14.1 If you are a business customer then this clause 14 applies. If you are a consumer then this clause 14 does not apply.
14.2 You confirm that you have authority to bind any business on whose behalf you purchase the Services.
14.3 Entire agreement
(a) These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its
(b) You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
(c) You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
(a) You shall pay all amounts due under the contract in full without any set-off, counterclaim, deduction or withholding except as required by law. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
(b) Clause 7.5 shall not apply, and you shall pay on demand and on a full indemnity basis all costs and expenses which we may from time to time incur in connection with:
(i) enforcing the payment of any sum due to us under this contract (including costs relating to any instruction of a debt collection agency); or
(ii) successfully defending a claim brought by you relating to this contract.
14.5 Our liability to you – YOUR ATTENTION IS DRAWN TO THIS CLAUSE
(a) Subject to clause 8.3, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this contract for:
(i) loss of profits;
(ii) loss of sales or business;
(iii) loss of agreements or contracts;
(iv) loss of anticipated savings;
(v) loss of or damage to goodwill;
(vi) loss of use or corruption of software, data or information;
(vii) business interruption; or
(viii) any indirect or consequential loss.
(b) Subject to clause 8.3 and sub-clause (a), our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this contract shall be limited to £1,000,000 per claim. If you believe that this limit may be too low
for your business then you should arrange your own insurance cover.
(c) The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this contract.