Liability and Insurance
My liability to you will expire after six years from completion of the Services or such earlier date as prescribed by law.
My practice maintains its professional indemnity policy in respect of this Project with A.S.E Insurance Agency (UK) Limited, who can be contacted at The Old Post Office, 2 Mill Road, Maldon, Essex. CM9 5HZ (Telephone 01621 851916). Cover up to the value of £1,000,000 is currently provided. This cover can be extended should a need arise. Further information about my practice’s professional indemnity policy can be provided upon request.
My maximum liability to you for loss or damage will be limited to £1,000,000 in respect of each and every claim or series of claims arising out of the same originating cause, within an overall cap of £1,000,000 for all claims except for claims arising out of:
• pollution and contamination, where the annual aggregate limit is £10,000
• asbestos, where the limit for any one claim and in the aggregate of all claims is £10,000
I shall maintain, until the expiry of the liability period, professional indemnity insurance cover for those amounts. I should be pleased to provide documentary evidence of the insurance, if required.
The practice aims to provide a professional standard of service, but if at any time you are not satisfied, please bring the issue to my attention as soon as possible and we can discuss how to resolve the issue. I hope to be able to settle the matter, by negotiation or mediation, without recourse to the dispute resolution procedures.
However, should need arise, either of us can have the dispute decided within 21 days by referring the matter to adjudication using the procedures published by the Construction Industry Council; the relevant Scheme for Construction Contracts Regulations. Should we need help in choosing an adjudicator the nominator will be the Royal Institute of British Architects (RIBA).
We will also need to agree that, without prejudice to that right of adjudication, a dispute or difference may be referred to either legal proceedings or to arbitration in accordance. Should we need help in choosing an arbitrator the appointer will need to be agreed. It is proposed that the appointer would be the President or a Vice President of RIBA.
The practice owns the copyright in the drawings and documents that we produce for your project and we generally assert our moral rights to be identified as author of that work under the Copyright, Designs and Patents Act 1988 but, subject to payment and/or other amounts properly due, you may copy and use those drawings and documents for purposes related to your project only. Your right to copy and use does not extend to any future purchaser, leaseholder or tenant of your property without our prior agreement.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of conclusion of the contract.
To exercise the right to cancel you must inform us [Mark Siddall, 3 Toll House Road, Durham. DH1 4HU] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may request a model cancelation form, but it is not obligatory. You can also electronically fill in and submit the model cancellation form or any other clear statement on our website [website address]. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancelation on a durable medium (e.g. by e-mail) without undue delay.
To meet the cancelation deadline, it is sufficient for you to send communication concerning your exercise of the right to cancel before the cancelation period has expired.
Effects of cancelation
If your cancel this contract, we will reimburse you for all payments received from you including the cost of delivery (except for the supplementary costs arising if your chose a type of delivery other than the least expensive type of standard delivery offered by us.)
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than
a) 14 days after the day we receive back from you any goods supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
c) If there were not goods supplied, 14 days after the day in which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not occur fees as a result of this reimbursement. We reserve the right to withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancelation from this contract with us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods.
If you request to begin the performance of services during the cancelation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated your cancelation from this contract, in comparison with full coverage of the contract. This will be measured using the standard hourly rate.