1. Introduction
1.1. Peridot Property Solutions Ltd shall provide the services as Consultants with reasonable skill, care, and diligence, and in accordance with the code of conduct of the Royal Institute of Chartered Surveyors and good industry practice.
2. Client Obligations
2.1. The Client or their appointed agents shall supply such information to Peridot Property Solutions Ltd at such times as is reasonably required for the delivery of the services.
2.2. The Client or their appointed agents shall notify Peridot Property Solutions Ltd in writing of any instruction to vary the services.
2.3. The client or their representative shall be responsible for providing safe access to the project, when we reasonably require it.
3. Agents Acting on Behalf of the Client
3.1. Agents appointing Peridot Property Solutions Ltd on behalf of clients must ensure that they have informed the client agency the fact that they have instructed us on their behalf and bring to the attention of their clients our Terms of Business.
4. Assignment and subcontracting
4.1. Peridot Property Solutions ltd may occasionally use competent subcontract surveyors or companies to undertake site inspections on its behalf. The work they undertake will be for Peridot Property Solutions Ltd and any liability resulting from these inspections will be the responsibility of Peridot Property Solutions Ltd.
5. Payment & Fees
5.1. The Client or their appointed agents shall pay Peridot Property Solutions Ltd for the performance of the services the fees and charges in such instalments as agreed in the Fee Offer (where applicable). All fees and charges under the Agreement are exclusive of Value Added Tax which if due shall be paid at the prevailing rate concurrently in addition.
5.2. Where the Client intends to withhold payment of any amount stated in the invoice, the Client must give written notice to Peridot Property Solutions Ltd, not later than 5 days before the final date for payment, stating the amount to be withheld and the grounds for withholding payment.
5.4. In the event that the Client is in default over payments of amounts at the final date for payment and no notice of intention to withhold payment from such amount has been given under Clause 5.2 above, Peridot Property Solutions Ltd may suspend performance of any or all of the services. This right is subject Peridot Property Solutions Ltd first giving the Client not less than 7 days’ written notice of such intention and stating the grounds for suspension. The right to suspend performance shall cease when the Client makes payment of the amount due.
5.5 Peridot Property Solutions Ltd shall notify the Client or their agent in writing as soon as it becomes reasonably apparent that any work additional to the subject of the original fee offer will be required.
6. Professional Indemnity Insurance
6.1. Peridot Property Solutions Ltd is required to comply with the guidelines issued by the Royal Institute of Chartered Surveyors.
6.2. Peridot Property Solutions Ltd shall on written request of the Client or their agent provide evidence that the insurance is properly maintained.
6.3. Peridot Property Solutions Ltd shall immediately inform the Client or their agent if the insurance referred to in Clause 6.1 above ceases to be available.
7. Copyright & Data Protection
7.1. The copyright in all documents prepared by Peridot Property Solutions Ltd in providing the services shall remain their property. Subject to payment by the Client of the fees properly due to Peridot Property Solutions Ltd under this Agreement Peridot Property Solutions Ltd grants to the Client an irrevocable non-exclusive royalty-free licence to copy and use the documents for any purpose related to the project.
7.2. Peridot Property Solutions Ltd shall not be liable for any use of the documents for any purpose other than that for which they were prepared and provided by them.
8. Suspension and Termination
8.1. The Client may terminate the appointment of Peridot Property Solutions Ltd under this Agreement by giving 7 days’ written notice to them. In such cases the client shall pay Peridot Property Solution Ltd any instalments of the fee due up to date of termination.
8.2. If the Client materially breaches its obligations under this Agreement Peridot Property Solutions Ltd may serve on the Client a notice specifying the breach and requiring it to remedy within 28 days, and if the Client thereafter fails to remedy that breach within that period Peridot Property Solutions Ltd may terminate this Agreement by giving written notice to the Client.
8.3. If either party:
The other may suspend performance of the services or may terminate the appointment by giving written notice to the party.
9. Complaints
9.1. In the event that the Client has a complaint in respect of the performance of Peridot Property Solutions Ltd services under this Agreement, without prejudice to any other remedy available under this Agreement, they shall be entitled to have access to the complaints handling procedure maintained by them.
10. Force Majeure
10.1. Neither Peridot Property Solutions Ltd 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, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people.
11. Liability
11.1.The liability of Peridot Property Solutions Ltd shall be limited to such sum as would be just and equitable for the services provided and the extent of the responsibility for the loss or damage suffered on the basis that all other consultants and any subcontractors who have a liability shall be deemed to have provided contractual undertakings to the Client on terms no less onerous than those applying in the case of this Agreement and shall be deemed to have paid to the Client such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for such loss or damage.
12. Notice
12.1. Any notice to be given under this Agreement shall be in writing and delivered by hand or sent by recorded delivery post to the address shown in this Agreement or to such other address as the other party may have specified from time to time by written notice to the other.
12.2. Such notice shall be deemed to have been received on the day of delivery if delivered by hand and otherwise on the next working day
12.3. Where under this Agreement an act is required to be completed within a specified period of days after or from a specified date, the period shall begin immediately after that date. Where the period would include a day which is a Christmas Day, Good Friday, or a day which under the Banking and Financial dealings Act 1971 is a bank holiday, that day shall be excluded.