TERMS OF BUSINESS | Amzak Architectural

CONDITIONS OF ENGAGEMENT

General
1. The “Architectural Designer” is employed by AMZAK Design Ltd. (AMZAK Architectural Design) to provide architectural design services to the Client.
2. “the Client” is the homeowner/occupier who commissions services from AMZAK Architectural Design.
3. “the Agreement” means the agreement between AMZAK Architectural Design and the Client including these Conditions of Engagement.
AMZAK Architectural Design Services
1. AMZAK Architectural Design will issue the Client with a list of Services to be provided by AMZAK Architectural Design and the Architectural Designer and the Client will agree the Services and any specific design details to be provided by AMZAK Architectural Design.
Client’s responsibilities
1. The Client will provide a clear explanation of the project requirements and any relevant information necessary for the Architectural Designer to carry out the agreed Services.
2. The Client will provide the Architectural Designer with clear information about the Client’s required timescales for completion of the AMZAK Architectural Design services and the project. The Architectural Designer will endeavor to complete the project in line with the requested timescale. However, the Architectural Designer cannot guarantee completion in line with the requested timescale, and no penalty or compensation is applicable if the timescale cannot be satisfied.
3. The Client may need to appoint other professional specialist services e.g., Structural Engineers, energy efficiency specialists, arboriculture specialists. Any fees arising from the need to appoint other professional specialist services, shall be separate from, and additional to, those charged by AMZAK Architectural Design for architectural drawings. AMZAK Architectural Design shall not be responsible or liable for the work of those other professional specialist services.
4. The Client will be available at all reasonable times throughout the project in order to give prompt consideration to the Architectural Designer’s advice and queries and agrees to provide responses within a reasonable time period.
The Architectural Designer’s responsibilities
1. The Architectural Designer will provide the Client with a realistic timetable for the commencement of the project, based on the information provided by the Client and the requirements of the project.
2. The Architectural Designer shall advise the Client of any requirement to appoint other consultants or specialists necessary to complete the design work, as appropriate.
3. The Architectural Designer may include in their drawings, indications as to where structural support elements are likely to be required or expected to be needed. These are suggestions only and the requirement for and structural designs for these elements must be confirmed by a suitably qualified Structural Engineer.
4. The Architectural Designer shall, where appropriate, use all reasonable endeavors to integrate into the design for which he is responsible, the designs or calculations of the other consultants or specialists.
5. AMZAK Architectural Design shall not be responsible for the accuracy or errors within the aforementioned designs or calculations.
6. AMZAK Architectural Design recommends all works be completed by a suitably qualified professional. Drawings provided by the Architectural Designer are not intended for use as a guide for DIY works.
7. Do not scale from drawings. All measurements, dimensions and appropriate construction methods to be confirmed on site prior to commencement of works or ordering of materials. AMZAK Architectural Design shall not be responsible for errors arising from the aforementioned.
8. All designs and construction methods to be approved by the relevant LABC (Local Authority Building Control) and/or approved building inspector.
9. AMZAK Architectural Design shall not be responsible for the work of any tradesperson nor for any failure of any building contractor or tradesperson to complete the project, or any part of the project, in a competent manner.
10. AMZAK Architectural Design may act as the Client’s agent to apply for any necessary statutory approvals (such as planning permission and building regulations approval) but does not guarantee that such approvals will be obtained.
11. The Architectural Designer shall exercise reasonable skill and care in the performance of the agreed Services.
Fees
1. The amount of AMZAK Architectural Design’s fee and dates for invoicing AMZAK Architectural Design’s fee shall be agreed between the Architectural Designer and the Client.
2. The Client shall pay the invoiced fees within 7 days of the date of AMZAK Architectural Design’s invoice, unless otherwise agreed.
3. AMZAK Architectural Design’s fee shall not include VAT and the Client shall not be charged VAT in addition to AMZAK Architectural Design’s fee unless AMZAK Architectural Design registers for VAT. AMZAK Architectural Design shall inform the Client if AMZAK Architectural Design registers for VAT.
4. AMZAK Architectural Design’s fees shall not include any local authority fees or charges associated with statutory approvals (such as planning or building regulations fees) or any other professional or specialist services.
5. The amount of any expenses (including but not limited to printing, photography, hotels, travel and subsistence) to be charged to the Client in addition to the AMZAK Architectural Design’s fee and shall be agreed between the Architectural Designer and the Client.
6. AMZAK Architectural Design shall be entitled to charge interest on any fees that are unpaid after the agreed date for payment. Interest shall be charged at 5% above the Bank of England base rate for the overdue period.
7. If the Client changes the services to be provided by the Architectural Designer:
  1. any addition or variation to the Services will entitle AMZAK Architectural Design charge the Client an additional fee. Details of such additional services and variations and any additional fee due shall be provided in writing by the Architectural Designer and agreed between the Architectural Designer and the Client before commencement of these Services.
  2. any reduction to the services will entitle the Client to a reduction in AMZAK Architectural Design’s fee. Such reduction shall be provided in writing by the Architectural Designer and agreed between the Architectural Designer and the Client.
Copyright
1. The copyright in all designs, drawings, reports, models, specifications, bills of quantities, calculations and any other documents prepared by the Architectural Designer (“the Documents”) shall remain vested in AMZAK Architectural Design. As long as AMZAK Architectural Design has received the payment of any fees properly due and owing, AMZAK Architectural Design grants a license to the Client to copy and use the Documents for the purposes of the project only (excluding any extension of the project). AMZAK Architectural Design shall not be liable for any use of the Documents for any purpose other than that for which they were prepared and provided by the Architectural Designer.
Liability
1. AMZAK Architectural Design shall have no liability to the Client under this Agreement after the expiry of three years from the completion of the services.
2. AMZAK Architectural Design recommends all works be completed by a suitably qualified person. All dimensions and calculations
Termination
1. Either the Client or AMZAK Architectural Design may terminate the Agreement for any reason by giving fourteen days written notice to the other party.
2. The Agreement shall terminate immediately if:
  1. the Client (or any one of them if there is more than one) is adjudged to bankrupt or enters into a voluntary arrangement with creditors.
  2. the Architectural Designer becomes incapacitated or dies.
3. Upon termination of the agreement, the Client will pay AMZAK Architectural Design’s fee for those services provided up to the date of termination of the Agreement.
Law
1. The laws of England and Wales apply to the Agreement.