1. The parties to the contract are you “the client” and Wainman Planning Ltd “the Practice”.

2. Unless expressly agreed in writing to the contrary, these terms and conditions shall not be treated as varied or waived and they shall have precedence over any other terms and/or conditions contained in other documents or letters.

3. The Practice, unless specified, will not undertake the following work:
a) Preparing designs and drawings for the proposal including site plans; identifying services/utilities on site; the structural survey or suitability appraisal for business or tourism uses.
b) A structural survey that may be required by the Council.
c) A bat survey of the building.
d) Planning application or other fees.
e) Meetings with the Council or consultants or other parties, coordinating other studies or consultants.
f) Submission under the Building Regulations for which separate approval and drawings may be required.

4. The Practice will supply the Client with a detailed quote for the work to be undertaken. The Practice’s quote will be open for acceptance for one month from the date of the quote. The Client will need to provide a written agreement to the quote.

5. Should the Practice be required to carry out any further work which is not included in the original quotation, and that falls outside the defined Scope of Work, unless otherwise expressly agreed between the parties, then this will involve additional fees . An estimate of such fees will be provided by the Practice.

6. The Practice reserves the right to request that a retainer payment is paid by the Client before commencement of the work. This requirement will be set out in the quote. The retainer will be offset against the first invoice. The Practice will then issue further invoices for the work carried out each month.

7. The contract between the Practice and the Client is entered into when the Practice receives the Client’s written agreement to the quote and if requested, the Client’s retainer payment. The Practice will not commence any work until the contract is entered into.

8. The contract may be terminated by either party by giving no less than 10 working days’ notice in writing. If the contract is terminated by either party, the Practice shall be paid for all services performed to the date of termination.

9.The Practice shall be paid for all work done irrespective of the success or failure of the completed work by the Practice.

10. Payment shall become due within 14 days of the date of an invoice being submitted unless otherwise agreed in writing.

11. Any disputes or queries regarding invoices must be raised in writing with the Practice within 7 days of the date of invoice. If the Practice does not receive any dispute or query within that time the invoice shall be deemed to have been accepted by the Client.

12. The Practice reserves the right to claim statutory interest at 8% above the Bank of England base rate in force on the date the debt becomes overdue and at any subsequent rate where the base rate changes and the debt remains unpaid under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. Additional charges may be levied to cover the costs of administration and legal representation concerning the recovery of such outstanding fees.

13. The Practice reserves the right to demand settlement of all due fees immediately before the submission of the planning application. Any fees due to be paid to local authorities in respect of planning applications shall be the responsibility of the Client. The Practice shall have no liability whatsoever in respect of such fees.

14. The Practice shall not be liable for the payment of the fees and disbursements incurred by such other professional specialist firms or third parties.

15. The Practice does not take responsibility for the accuracy of information supplied by others to the Practice and the Client shall indemnify the Practice against all claims, demands, or liability arising out of or contributed to by such inaccurate information.

16. The Practice will retain the Client’s papers and drawings for six years. After which, the Practice will dispose of the Client’s records confidentially. The Client may request a copy of their file without charge if the request is deemed reasonable.

17. Payment should be made to: Wainman Planning Ltd.