Standard Terms of Appointment
1. CONDITIONS OF ENGAGEMENT Unless otherwise agreed in writing appointment of M D Foulkes is in accordance with 2009 Edition of ‘ACE Agreement 2 : Advise And Report ’ of the Association of Consultancy and Engineering modified in accordance with the terms set out below.
2. FEES Fees are by negotiation. Unless agreed otherwise before the commission is carried out the fees will be on a time charge basis.
3. CHARGES Hourly Time Charge for work carried out in the office £95 per hour.
Site Inspections within 5 mile radius £125
Charge for site inspections beyond 5 miles are charged on the hourly rate for travel time
4. SPECIALIST CONSULTANTS Where specialist consultants are employed and are not commissioned directly by the client a charge of 10% will be added to their account to cover professional indemnity and administration.
5. EXPENSES Unless otherwise agreed, out of pocket expenses are charged in addition to fees at the following rates :
Photocopying - 10p per sheet
Printing per drawing £2:00 per sheet
Travel by car - mile 40p per mile
By train - at Cost
6. VALUE ADDED TAX VAT is not charged
7. SETTLEMENT Fess will be invoiced on completion of project or at suitable stages of the commission. Settlement is due at the date of the invoice. Michael Foulkes reserves the right to suspend work on a project if the fees are not settled within 30 days after date of invoice.
8. VALIDITY The rates for time charges and expenses set out above are valid until 31st December 2021.
9. LIMIT OF LIABILITY Liability for any claim shall not exceed the sum of ten times the agreed fee OR £50,000 whichever is the lesser. The period of liability is six years from the date of the report.
10. PROFESSIONAL INDEMNITY INSURANCE The level of professional indemnity Insurance carried by M & A Foulkes (Design) Ltd is £1m. The period for which the professional indemnity Insurance is to be maintained is six years after the date of the report.
