Conditions: Consultancy Services
Offers will be open for acceptance for 30 days from date of proposal and assumes completion of project delivery will be in line with the indicated timescale. Our price is conditional upon the terms and conditions detailed.
Offers are based on the works being carried out under our standard contract conditions.
Whilst every care has been taken to include within our proposals everything that has been requested or discussed, to avoid any confusion it should be understood that proposal documents are definitive and that if you have any issues that are not specified they should be brought to our attention prior to contract award.
All proposal documents remain the copyright of Be Inspired Interiors Ltd and the contents must not be divulged to any third party without our consent regardless of the proposal being accepted.
In preparing our Fee Proposals and Programme of Delivery we assume standard hours of working. We will be pleased to provide for alternative arrangements but must reserve the right to amend our price and/or programme.
Proposed Fees include all day to day disbursements such as up to 4 black and white prints from any 1 drawing. Travel expenses to and from meetings at the clients Head Office. Other travel expenses will be charged for along with any other additional disbursements agreed prior to the costs being incurred
For the avoidance of doubt, the Fee Proposals will not include the following services which will be the responsibility of others:- (unless clearly stated otherwise
Measured Building Survey
Asbestos Survey
Conditions Survey
Acoustic Design
Structural Design
CDM Coordination
Mechanical & Electrical Design
Catering Design
Building Regulations
Planning Permission
Detailed Construction Costs
Quotations & Fee Proposals will remain open for acceptance for 3 months of its date, after which time it may be subject to revision.
Each project is difference thus different payment terms apply in accordance.
Our standard payment term required as follows:
1. 35% with order
2. Interim application – Subject to agreement within the Fee Proposal
3. Final account settlement before completion
Items 2 and 3 above on 14 day terms
All prices are subject to value added tax at the applicable rate.
Conditions: Consultancy Services
In these Conditions (unless the conditions otherwise requires) the following words have the following meanings: The Seller Means Be Inspired Interiors Ltd, The Studio, 13 Grove View, York YO30 6LF (and includes, for the avoidance of doubt, any trading style of the Seller, including Be Inspired Design Ltd); the Purchaser The person, firm or company, with whom any contract for the purchase of Goods is made; the Contract The Contract of sale between the Seller and the Purchaser; the Goods (the Works) The goods and/or works and/or services or any part thereof agreed to be sold and/or performed as described in the Particulars of Contract and any accessories thereto, or repaired or replaced or spare parts; Particulars of Contract The Particulars of Contract on the front page hereof (or attached hereto) including the Specifications, any Special Conditions together with any terms agreed by the Seller and the Purchaser and attached hereto or otherwise agreed in writing after the date hereof;
Special Conditions Means a term and/or condition either stipulated on the face hereof or stipulated or agreed in writing by the Seller; Specification Means the description and technical specification of the Goods agreed and accepted by the Seller and the Purchaser.
2.1 These Conditions govern all contracts made by the Seller for the supply of Goods except in so far as any Special Conditions apply. Where Special Conditions do apply these Conditions shall also apply to the extent that they are not inconsistent therewith.
2.2 All quotations given, and all contracts made by the Seller are subject to these Conditions and any Special Conditions and all terms and conditions referred to by the Purchaser, or contained in any order or acceptance of quotation or otherwise brought to the notice of the Seller are hereby excluded, and no action on the part of the Seller (whether by delivery of goods or otherwise) shall be construed as an acceptance of any other condition.
2.3 No employee or agent of the Seller has authority to make any representation or give any warranty relating to the Goods or to agree any variation of or addition to these Conditions unless such representation, warranty, variation or addition is in writing and signed on behalf of the Seller by a person duly authorised.
2.4 These Conditions (as modified in accordance with Conditions 2.1 or 2.2) and together with the matters referred to in the Particulars of Contract embody the entire understanding of the parties and supersede any prior promises, representations, undertakings or implications.
3.1 This Contract shall come into force when accepted by the Seller in writing, but may at the Seller’s option cease to be binding on the parties, if within 30 days from the date of signature by the Seller:
3.1.1 The Purchaser has not obtained all necessary licenses, consents and approvals and given particulars to the Seller; or
3.1.2 The Purchaser has not given to the Seller all necessary technical information required by the Seller and signed agreed technical specifications; or
3.1.3 The Purchaser has not fulfilled any other conditions referred to in the Particulars of Contract; or
3.1.4 The Purchaser has not made the payment of the deposit (if any), referred to in the Particulars of Contract.
3.2 In any of such circumstances the Purchaser shall reimburse the Seller for all loss (including loss of profit) and expenses it may have already incurred or may thereafter incur in connection with this Contract.
4.1 The price quoted shall be strictly limited to the works specified in the proposal document and is exclusive of VAT and any works not specifically identified.
4.2 The Seller is free to increase quoted prices (whether accepted or not) to cover variations in cost of materials, manufacture, carriage, scope of supply and insurance when such variations in such costs arise between the date of quotation and the date of completion of the Contract.
5.1 The Seller may carry out, without notice to the Purchaser, alterations or improvements in design, materials or methods of manufacture from time to time, and may substitute other reasonably similar parts for any proprietary or special parts ordered by the Purchaser, which the Seller considers to be procurable or unprocurable in sufficient time, or unprocurable with difficulty or at an excessive cost.
5.2 Further, the Seller may supersede, materially alter or abandon the design or type of the Goods contracted for and may substitute another design or type. In exercising this right, the Seller shall give written notice to the Purchaser and the Purchaser may within 14 days after such notice is given, terminate the Contract by giving notice to the Seller. If the Contract is so terminated the deposit (if any) shall be returned to the Purchaser, but no other claim for loss or damage may be made by the Purchaser.
5.3 The Seller shall be entitled to charge for all goods, works or services additional to and not included in the Particulars of Contract. Charges shall be raised at the Seller’s rate of charge current at the date of execution or supply of the additional or alternative goods or works. While the Seller will endeavour to advise the Purchaser before additional charges are incurred the Seller shall be deemed to have authorised the Seller to undertake such additional or alternative works or goods and to incur additional costs as the Seller may consider to be appropriate in the best interests of the Purchaser.
6.1 Payment shall be in accordance with the agreed terms and conditions for a specific contract.
6.2 The deposit (if any) paid in accordance with the Particulars of Contract is irrevocable, non-returnable (except in accordance with Condition 5.2 above) and non-interest bearing and shall be held and appropriated by the Seller against costs incurred in connection with the Contract.
6.3 If the Goods are delivered by instalments the Seller shall be entitled to invoice each instalment when delivery is made and payment shall be due in respect of each instalment whereof delivery has been made notwithstanding non-delivery of other instalments or other subsequent default by the Seller.
6.4 If upon the terms applicable to any Contract the price shall be payable by instalments or if the Purchaser has agreed to take specified quantities of Goods at specified times, a default by the Purchaser of the payment of any due instalment or the failure to give delivery instructions in respect of the quantity of Goods outstanding shall cause the whole of the balance of the purchase price to become due forthwith.
6.5 The price of the Goods shall be due in full to the Seller in accordance with the terms of the Contract and the Purchaser shall not be entitled to any set off lien or any other similar right or claim.
6.6 If any payment that is to be made hereunder to the Seller is more than 30 days overdue, the Seller shall be entitled (without prejudice to any other rights or remedies, and without giving prior notice) to charge interest thereon, from the date of default until the sum due is paid (as well after as before judgement) on a day to day basis at a rate of 4% above Bank of England Base Rate from time to time applicable with a minimum rate of 10% per annum.
6.7 Time of payment shall be of the essence and failure to make any payment on the due date, or any other breach by the Purchaser shall entitle the Seller without prejudice to its other rights hereunder:
6.7.1 to withhold any deliveries to be made under this Contract until arrangements as to payment have been established to the satisfaction of the Seller;
6.8 The expenses that the Seller shall be entitled to reclaim from the Purchaser shall include all reasonable costs incurred by the Seller (whether by way of storage, insurance or (otherwise) in respect of the Goods and it is expressly declared that it shall be reasonable for the Seller to effect insurance in respect of the Goods notwithstanding that the risk therein has passed to the Purchaser.
7.1 Until the Goods have been paid for in full to the Seller (including and VAT or any other applicable taxes) and there are no other sums whatever due from the Purchaser to the Seller:
7.1.1 The legal title in the Goods shall not pass to the Purchaser;
7.1.2 The Purchaser shall keep the Goods insured to their full value and the Seller’s interest noted thereon and the Purchaser shall store the Goods (at no cost to the Seller) separately from all other Goods in its possession and marked in such a way that they are clearly identified as the Seller’s property;
7.1.3 lf the Purchaser is in breach of any of the terms of the Contract, including but not limited to non-payment of monies due to the Seller, and title has not passed, the Seller shall have the right upon giving not less than 48 hours notice in writing to enter the premises of the Purchaser and remove the Goods. The Seller shall not be responsible for any damages caused thereto except such damage caused by the negligence of its servants or agents;
7.1.4 The Purchaser hereby grants to the Seller a licence to enter on to the land and premises of the Purchaser where the Goods are situated for the purposes of removing them in accordance with this Condition.
7.2 From delivery, the Goods shall, notwithstanding that the legal title may have remained with the Seller, be at the sole risk of the Purchaser.
7.3 Where property in the Goods has not passed the Seller may nevertheless maintain an action against the Purchaser for the purchase price and all other monies owing to the Seller by the Purchaser notwithstanding Section 49 of the Sale of Goods Act 1979.
8.1 The copyright in all drawings, data, literature photographs, illustrations, specifications, performance data, dimensions, weights, and the like shall remain the property of the Seller and (except marked as or otherwise indicated) be confidential and such drawings, data literature photographs, illustrations performance data and specifications together with the Seller’s manufacturing and operating techniques shall not be disclosed or used except necessarily for the purpose of application and use by the Purchaser of the Goods in relation to which they were supplied.
8.2 The Purchaser shall not alter or deface any of the Seller’s registered trade marks as marked on the Goods while the goods are so marked or apply to them such other trade mark or written matter which is likely to injure the reputation of the Seller’s trade mark.
8.3 The Seller warrants only that the Goods themselves and the delivery or importation thereof will not infringe any patent rights published (at the date of the Contract) in the United Kingdom and the Seller shall indemnify the Purchaser against damage and costs awarded for such infringement provided always that:
8.3.1 this indemnity shall not apply to any infringement which is due to the Seller having followed an instruction, furnished or given by the Purchaser, or to the use of such material, in a manner or for purpose, or in a foreign country not specified or disclosed to the Seller, or in combination with any other materials or process;
8.3.2 this indemnity is conditional, on the Purchaser giving to the Seller the earliest possible notice in writing of any claim being made or action threatened against the Purchaser, and on the Purchaser permitting the Seller, at the latter’s expense, to conduct any litigation that may ensue and all negotiations for a settlement of the claim.
8.4 There is no licence implied or granted, to manufacture, produce or sell or otherwise the Goods in a manner which may infringe any patent rights owned by the Seller and others.
8.5 The Purchaser warrants that any instructions furnished or given by the Purchaser shall not be such as will cause the Seller to infringe any patent, copyright, utility model, registered design, right of confidence, or trade mark in execution of the Purchaser’s order.
9.1 Unless otherwise agreed in writing, all patterns, drawings, specifications, tools and other things produced by the Seller shall be and remain the property of the Seller, and if the Purchaser should have possession of any such items, it shall, upon the request from the Seller, return them to the Seller forthwith. The Purchaser may not utilise, reproduce or communicate knowledge or information of a confidential nature in respect of such items without the prior written consent of the Seller.
9.2 All patterns, drawings, photographs, illustrations, specifications, performance data, dimensions and the like, whether contained in the Contract or made by way of representation, have been provided by the Seller in the belief that they are as accurate as reasonably possible, but they do not constitute a description of the Goods and shall not be taken to be a representation made by the Seller and are not warranted to be accurate.
The Seller is entitled at any time to sub-contract the Contract or any part thereof to any person, firm or company as it sees fit.
Where the Seller undertakes work or provides labour at the Purchaser’s premises or other premises, the Purchaser shall indemnify the Seller against all loss expense and damage incurred by the Seller and against all claims by third parties (including the Seller’s employees) arising directly or indirectly from defects in or unsuitability of the works or site or apparatus or plant (other than apparatus or plant supplied by the Seller) or from negligence or breach of statutory duty on the part of the Seller, its employees or any third party (other than the Seller’s own employees ) and howsoever arising.
12.1 Where the Seller undertakes the installation and/or testing of any Goods the Purchaser shall at its own expense provide such layout and other drawings and information and such power, compressed air, water and other facilities as the Seller may require and charges and costs in connection with such provision shall be borne by the Purchaser.
12.2 The Purchaser at its own expense shall observe and comply in all respects with the provisions and requirements of any and every enactment (which expression includes every Act of Parliament already herein passed and every Order regulation by-law already and hereafter made) and third party rights so far as the same relate to or affect the Goods to be installed/services to be provided (including building control regulations planning permissions fire regulations floor loadings certification of electrical standards and requirements of the Health and Safety Act and the Factory Acts) and shall indemnify the Seller at all times against all costs charges and expenses of or incidental to the execution of any Works or the provisions or maintenance of any arrangements which may be directed or required.
12.3 The Seller’s prices for installation and erection are based on free and continuous access to the site with hard standing cranage and transport adjacent to the erection position.
Should delays occur beyond the control of the Seller such extra costs and expenses as may be incurred due to such delays shall be borne by the Purchaser.
13.1 The Seller offers no warranty in respect of goods, materials or services of its suppliers or sub-contractors but will (where appropriate and practical so to do) assist the Purchaser to obtain the benefits of such warranties and other related rights as are available to first users of manufactured goods factored by the Seller but not of the Seller’s manufacture.
13.2 The Seller warrants the Goods of its own manufacture and its own services (but not goods or services of its suppliers or sub-contractor’s or any other third parties) to be free under normal conditions and proper use from defects in workmanship but the Seller’s entire liability under this warranty (which does not extend to consequential loss however arising) is at the Seller’s option to repair or replace free of charge any parts of Goods or to re-execute free of charge any of the Seller’s services which are found by the Seller’s inspection (for which the Purchaser shall provide full and prompt facilities) to have been defective in workmanship. This warranty is subject to the following limitations:
13.2.1 The Seller shall be under no obligation to make good fair wear and tear or to make good faults or damage arising from inappropriate use, storage or treatment or exposure to corrosive materials;
13.2.2 The benefit of this warranty is personal to the Purchaser;
13.2.3 The warranty period is 26 weeks and all claims must be notified to the Seller within 26 weeks (or such other warranty period expressly accepted in writing by the Seller in relation to the Goods) of delivery or (in the case of services) practical completion and within 30 days of the grounds for the claim becoming apparent or discoverable on reasonable examination and all claims not so notified shall be deemed to have been waived.
14.1 The Seller shall not be liable for any costs, claims, damages or expenses arising out of any tortious act or omission or any breach of contract or statutory duty by itself or its employees, suppliers, sub-contractors, agents or otherwise, calculated by reference to profits, income, production or accruals or loss of profits or loss of such profits, income, production or accrual of such costs, claims damages or expenses on a time basis.
14. 2 In addition to the overriding limitation of liability the Sellers liability in respect of the Contract shall be strictly limited to the provisions of these Conditions and all other provisions, representations, conditions, warranties, and guarantees (except so far as they are specifically given in this Contract) and whether express or implied by common law statute trade custom, or otherwise are hereby expressly excluded to the extent and in so far as such exclusion is permitted by law.
14.3 The Seller’s aggregate liability to the Purchaser whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the cost of the defective, damaged or undelivered Goods or services provided which give rise to such liability (as determined by net price invoiced to the Purchaser) in respect of any occurrence or series of occurrences.
The Seller shall not be liable for any loss or damage caused by the delay in the performance or non-performance of any of its obligations hereunder where the same is occasioned by any cause whatsoever that is beyond the Seller’s control, including but not limited to an Act of God, war, civil disturbance, terrorism, requisition, government or parliamentary restrictions, prohibitions or enactment of any kind, import or export regulations, strikes, lock-outs or trade dispute (whether involving its own employees or those of any other person) difficulties in obtaining workmen or materials, breakdown of machinery, fire or accident. Should any such event occur the Seller may cancel or suspend the Contract without incurring any liability for any loss or damage thereby occasioned.
16.1 Without prejudice to any other rights the Seller may have, the Seller shall be entitled, on given written notice to the Purchaser, to determine this Contract forthwith and to demand immediate payment of any amount due or accruing due to the Seller hereunder and to retain any deposit if:-
16.1.1 The Purchaser, not being a body or corporate, becomes bankrupt or compounds or makes any arrangements with his creditors or commits any act of bankruptcy;
16.1.2 The Purchaser, being a body or corporate, goes into liquidation, whether compulsory or voluntary (save for the purposes of amalgamation or re-construction) or has a Receiver appointed over it’s undertaking or assets or any part thereof;
16.1.3 The Purchaser commits any breach of Condition 6 hereof or any of it’s other obligations hereunder and after reasonable notice by the Seller fails to remedy such breach.
17.1 If any of these Conditions or part of these Conditions is rendered void by any mandatory rule of law, it shall be void to that extent and no further. If any of these Conditions or any part of these Conditions is rendered unenforceable by any mandatory rule of law it shall be unenforceable to the extent that it is not fair or reasonable to allow reliance on such a Condition or part thereof but no further.
17.2 In the event of any inconsistency between the provisions of the Specification, any Special Conditions and these Conditions then the Specification shall take precedence.
The Seller reserves the right to cancel and/or delay performance of any contract for Goods or services in the event of material or persistent non performance by the Purchaser in relation to any contract between the Purchaser and the Seller.
None of the rights or obligations of the Purchaser under these Conditions may be assigned or transferred in whole or in part without the prior written consent of the Seller.
The Purchaser agrees to pay due regard to any information supplied by the Seller and relating to the use for which the Goods are designed to ensure that they will be safe and without risk to health at all times when they are being set, used, cleaned or maintained by any person at work, and the Purchaser undertakes to take such steps as may be specified by the above information to ensure that as far as reasonably practicable the Goods will be safe and without risks to health at all times as are mentioned above.