Terms & Conditions

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1. Definitions:

1.1 "Agreement" means these Terms and Conditions of Engagement read in conjunction with the Consultant's proposal. In the event of any conflict these Terms and Conditions of Engagement shall prevail.

1.2 "Manor Architecture" means together the legal entities that comprise Manor Architecture Ltd, a list of which can be inspected at any Manor Architecture office or on the website.

1.3 "Consultant" means the relevant legal entity in the Manor Architecture providing the Services as stated above.

1.4 "Client" means the person, company, authority, agency or other body named above who instructs the Consultant to carry out the Services, and this Agreement is between the Consultant and the Client. In the case of more than one Client, it means each of the named parties listed, who together shall be represented in all matters by the "Instructing Client".

1.5 "Instructing Client" means the first named party in the definition of the "Client".

1.6 "Limit of Indemnity" means £2,000,000 (two million pounds) unless stated otherwise in the accompanying fee proposal.

1.7 "Services" means the scope of services to be executed by Manor Architecture as separately described in the proposal or as subsequently amended in writing.

1.8 "Completion" means in relation to the Services the date of issue of the Consultant's final fee invoice, termination of the Consultant's engagement under this Agreement, or (where appointed for construction stage services) practical completion under the building contract, whichever is the earlier.

2. Services:

2.2 The Consultant shall carry out its Services and obligations under this Agreement with reasonable skill and care. The Services are set out in the accompanying proposal. Where architectural design services are to be provided, if not set out in the fee letter, the Services shall be in accordance with the Schedule of Services 2010 as published by the RIBA current the date of this Agreement.

2.3 The Services may be amended only by written agreement between the Client and the Consultant. Unless otherwise agreed in writing any additional services, variations or changes of instruction shall be subject to this Agreement.

2.4 The Instructing Client will nominate one individual with full authority to act as its representative. Unless confirmed otherwise by the Client in writing this shall be the person to whom the Consultant addressed its fee letter. The Consultant shall be entitled to rely on any instruction of the representative as an instruction of the Client.

2.5 The Client may appoint other consultants (including where required a CDM Coordinator) necessary for the proper progress of the project and to enable the Consultant to perform the Services.

3. Fee:

3.1 The Fee shall be the sum set out in the Consultant's proposal accompanying this Agreement. Where no fixed or percentage fee is agreed, remuneration for the Services, any additional services, variations or changes of instruction shall be on an hourly rate basis, plus expenses and VAT. The rates will be reviewed annually on 1st April.

3.2 Where a percentage fee is stated it shall be calculated on the final gross construction cost, unless otherwise stated. Until this has been ascertained, it shall be based on the estimated contract value of the project, including any element relevant to the Consultant's Services.

3.3 Budget cost guides for provision of the Services will be provided on written request and will be based on experience, but since all projects are unique, they shall be deemed to be indicative only. The Consultant will endeavour to advise the Client when a budget figure is reached. All budget figures will be net of expenses and VAT unless otherwise agreed in writing.

3.4 The Fee excludes Planning Application, Building Regulation and Local Authority fees and unless explicitly included within the Fee Letter, survey costs. Such fees and costs shall be paid directly by the Client to the Local Authority or consultant concerned. Where a fee stage is related to a Local Authority decision, this is deemed to be the point of committee resolution rather than the issue of a decision notice which may be related to other legal agreements. The Client acknowledges that, by its very nature, the planning permission process itself is beyond the Consultant's control and no guarantee can be given that any permission will be granted.

3.5 The Fee excludes all reimbursable costs and expenses reasonably incurred in the course of providing the Services in respect of travel, accommodation, subsistence, printing and other necessary expenses which will be charged in addition to the Fee. Exceptional items of expenditure will be agreed with the Client, and the Consultant reserves the right to require payment in advance for such items. This includes the obtaining of legal advice or instruction of specialist counsel on behalf of the Client, but the Consultant accepts no liability for any direct instructions or legal advice.

3.6 The Fee excludes any costs associated with copyright or licence fees relating to any material supplied by the Client. The Client shall be responsible for obtaining and paying all fees in respect of copyright approval licences and obtaining all other necessary permissions for all copyright materials provided to the Consultant for inclusion in the Services.

4. Payment: 

4.1 In the case of more than one Client, or where the Fee is to be allotted between Clients, the Instructing Client shall be responsible for procuring payment of all Fees and any sums due under this Agreement, but each Client shall remain jointly and severally liable for payment. Subject to clause 4.6, non-payment by any Client of any sum due to the Consultant will be deemed to be a breach of this Agreement.

4.2 Unless otherwise agreed in writing the Fee shall be payable monthly on account, or earlier if the Services (or the part instructed) have been completed or documentation prepared by the Consultant for formal submission is withheld or withdrawn by the Client for reasons unrelated to the Services.

4.3 The Fee and other charges become due at the date of the Consultant's invoice (the "Due Date') and payment shall be made in full within 14 (fourteen) days of that date (the "Final Date for Payment'). Any queries in respect of an invoice must be raised in writing within 7 (seven) days of the Due Date. VAT and/or any applicable local taxes or withholding charges shall be payable at the prevailing rate on all invoices rendered.

4.4 All Fees and other charges shall be paid in GB£ pounds sterling unless otherwise agreed. Where payment is agreed in another currency, Fees will be calculated in GB£ pounds sterling and invoiced at the Barclays Bank.