BETTERNEST LIMITED
STANDARD TERMS and CONDITIONS
1. In these conditions:
'COMPANY' means Betternest Limited whose office is situate at 26 York Street, Marylebone London W1U 6PZ
'BETTERNEST'S FEES' means the fees quoted by the Betternest from time to time, for the provision of the Specified Service
'CLIENT' means the person submitting the First Contact or Order Form
'CONTRACT' means the contract for the provision of the Specified Service
'DOCUMENT' includes, in addition to any document in writing, any map, plan, graph, drawing or photograph, any film, negative, tape or other device embodying visual images and any disc, tape or other device embodying any other data, whether in electronic form otherwise.
'FIRST CONTACT FORM' means the initial completed form submitted by the Client to the Company by electronic mail or completed by the Company on initial contact by the client by telephone or other
'INPUT MATERIAL' means any Documents or other materials, and any data or other information provided by the Client relating to the Specified Service (including, but not limited to, any information provided in the First Contact Form or the Questionnaire Form) whether in electronic form or otherwise
'ORDER FORM' means the order form submitted by the Client to the Company requesting provision of the Specified Service
'OUTPUT MATERIAL' means any Documents or other materials, and any data or other information provided by Betternest relating to the Specified Service whether in electronic form or otherwise
'PROJECT' means the project to which the Specified Service relates as detailed in the Order Form
'SPECIFIED SERVICE' means the service to be provided by Betternest for the Client as detailed in the Order Form including the preparation of the report
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Application of Terms
2.1 These conditions are the only conditions upon which Betternest are prepared to deal with the Client and they shall govern the Contract to the exclusion of all other terms and conditions.
3. Supply of the Specified Service
3.1 Betternest shall provide the Specified Service to the Client subject to these Conditions. Any changes or additions to the Specified Service or these Conditions must be agreed in writing by Betternest and the Client.
3.2 The Client shall at his own expense supply Betternest with all necessary Documents or other materials, and all necessary data or other information relating to the Specified Service, within sufficient time to enable Betternest to provide the Specified Service and or report in accordance with the Contract. The Client shall ensure the accuracy of all Input Material. Betternest will always rely upon the accuracy of the Input Material
3.3 Responsibility for the safe keeping of all Output Material shall be at the sole risk of the Client from the time of delivery to the Client
3.4 The Specified Service shall be provided in accordance with the Order Form and otherwise in accordance with Betternest's current brochure as published on its website or other published literature relating to the Specified Service from time to time, subject to these Conditions
3.5 Further details about the Specified Service, and advice or recommendations about its provision or utilisation, which are not given in Betternest's website or other promotional literature, may be made available on written request
3.6 Betternest may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without any liability to the Client unless such errors or omissions amount to fraudulent misrepresentation
3.7 Where Betternest cannot perform the Contract the Company shall notify the Client.
4. Charges.
4.1 The Client may cancel the Contract at any time during the first seven days after the Order Form is signed by the client in which case the Client will then be refunded the total price of the Contract but where the Client agrees in writing or by e-mail to the
Company that the Contract may be performed before the end of the seven days then the Client shall no longer have the right to cancel.
4.2 Subject to any special terms agreed, the Client shall pay Betternest's Fees as detailed in the Order Form and any additional sums, which are agreed between Betternest and the Client for the provision of the Specified Service. Payment shall be made by debit or credit card to the Company who is authorised to accept such payment on behalf of Betternest.
4.3 Additional Fees shall be payable if Betternest, for reasons beyond its control, is involved in extra work or incurs extra expense, such as where:
· The scope of the Specified Service is varied by the Client
· It is necessary to vary any item of work commenced or completed due to the nature of the Project
· Services by others are not provided or are delayed
· The Client requests amendments to any sketch designs, scheme level drawings or detail level drawings submitted by Betternest
- Provided always that no additional fees shall be incurred without the prior written authority of the Client.
4.4 All fees quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time. All fees should be paid to the Company on behalf of Betternest
4.5 The Company acting on behalf of Betternest shall be entitled to invoice the Client the provision of each stage of the Specified Service
4.6 Betternest's Fees and any additional sums payable shall be paid by the Client to the Company (together with any applicable Value Added Tax, and without any set-off or other deductions) no more than 48 hours before delivery of the services. Upon submission of the Order Form, the Client shall submit a completed credit/debit card form to the Company on behalf of Betternest and hereby authorises the Company on behalf of the Betternest to debit payment to the specified card
4.7 If payment is not made when due, Betternest shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 3% above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full
4.8 The Client shall pay the expenses (if any) specified in the Order Form.
Expenses other than those specified shall only be charged with the prior authorisation of the Client
4.9 Where the performance of the Specified Service is suspended or terminated by the Client or suspended or terminated by Betternest because of a breach of the Contract by the Client, Betternest shall be entitled to payment of all fees and expenses incurred to the date of suspension or termination such fees to be calculated on a time basis by reference to Betternest's then current hourly rate (if applicable) plus VAT, together with any expenses incurred to the date of suspension or termination.
5. Rights in Input Material and Output Material
5.1 The property and any copyright or other intellectual property rights in any Output Material shall, unless otherwise agreed in writing between Betternest and the Client, belong to Betternest
5.2 Subject to payment of Betternest's fees, the Client shall have a licence to copy and us and allow other consultants and contractors providing services to the Client to use and copy Output Material for purposes related to the Project to which the Specified Services relates, provided that:
5.2.1 Betternest shall not be liable if the Output Material is used for any purpose other than that for which it was prepared;
5.2.2 In the event of the Client being in default of payment of any fees or other amounts due, Betternest may suspend use of the licence on giving seven days notice of intention to do so. Use of the licence may be resumed on receipt of outstanding amounts
5.3 The Client warrants that any Input Material and its use by Betternest for the purpose of providing the Specified Service will not infringe the copyright or other rights of any third party and the Client shall indemnify Betternest against any loss, damages, costs, expenses or other claims arising from any such infringement
5.4 Subject to paragraph 5.3, Betternest warrants that any Output Material and its use by the Client for the purposes of utilising the Specified Service will not infringe the copyright or other rights of any third party and Betternest shall indemnify the Client against any loss, damages, costs, expenses or other claims arising from any such infringement
6. Rights of Third Parties
For the avoidance of doubt, save as expressly provided for in this agreement nothing in this Contract shall confer or purport to confer on any third party any benefit or right to enforce any term of this Contract
7. Suspension and Termination
7.1 Either the Client or Betternest may, by giving seven days notice to the other, suspend or terminate performance of the whole or part of the Specified Services. If the performance of the Specified Service is suspended and not resumed within three months, Betternest may by notice in writing to the Client terminate the Contract
7.2 Betternest may suspend performance of the Specified Service and its obligations under the Contract on giving at least seven days notice to the Client of its intention and the grounds for doing so in the event that the Client:
7.2.1 is in default of payment of any fees or other amounts due;
7.3 Betternest may resume performance of its obligations on receipt of any outstanding amounts
8. Statutory Requirements
8.1 Unless otherwise agreed in writing, the Client shall instruct the making of applications for planning permission and approval under building acts, regulations and other statutory requirements, and applications for consent by freeholders and all others having an interest in the Project. The Client shall pay any statutory charges and fees and any expenses and disbursements made in respect of such applications
8.2 Where applicable, the Client shall comply with any obligations under the CDM Regulations, including the appointment of a competent Planning Supervisor as soon as practicable
9. Other Appointments
9.1 Unless otherwise expressly agreed with the Client in writing with Betternest, the Client shall appoint and pay any consultants and other persons as may be required under separate contracts. Betternest’s appointment shall be limited to the Specified Service as detailed in the Order Form
9.2 The Client, in respect of any work or services in connection with the Project performed or to be performed by any person other than the Betternest shall:
9.2.1 Hold such person responsible for the competence and performance of his services and for visits to the site in connection with work undertaken by him;
9.2.2 Hold any principal Contractor and/or other Contractors responsible for his management and operational methods, for the proper carrying out and completion of their works and for health and safety provision
9.3 In the event of the Company being specifically instructed in writing to arrange a land survey, such survey shall be limited to the provision of measured drawings. The survey will not address the condition of any property nor its suitability for the Project nor any structural issues.
10. Warranties and Liability
10.1 Betternest warrants to the Client that the Specified Service will be provided using reasonable care and skill Where Betternest supplies in connection with the provision of the Specified Service any goods (including Output Material) supplied by a third party, Betternest does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to Betternest.
10.2 Betternest shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client
10.3 The purpose of Betternest is to enable every Client consider the realisable potential in their home or other property and to access to a tailor made service, which suits their project and budget. THE CLIENT'S ATTENTION IS DRAWN IN PARTICULAR TO THE LIMITATION OF LIABILITY PROVISIONS BELOW
10.4 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the Contract.
10.4.1 Except in respect of death or personal injury caused by Betternest or any of its employees, agents and sub-contractor negligence or fraudulent misrepresentation or as expressly provided for in these Conditions Betternest shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever and howsoever caused which arise out of or in connection with the Contract
10.5 Betternest shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Betternest's obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond Betternest's reasonable control
10.6 Subject to clause 9.1 and without prejudice to the generality of clause 9.4, the Betternest specifically does not warrant:
10.6.1 That the Specified Service will be completed in accordance with any programme or timetable for the Project;
10.6.2 That planning permission or any other statutory consent will be granted;
10.6.3 The performance, work or products of others;
10.6.4 The solvency of any other body appointed by the Client whether or not such appointment was made on the advice of the Betternest
10.6.5 That the values or other potential referred to in Betternest’s report are realisable or realised
Terms and conditions © Betternest ltd 2007
|