Hook Survey Limited

Terms & Conditions

Please see below our Terms & Conditions of supply for all our full drawing issues

1. The Company means Hook Survey Limited Registered Office 12 Old Bexley Lane, Bexley, Kent, DA5 2BN. Registered in England & Wales No: 13983257, the Client means any person or organisation who employs the Company, thus making a Contract, which includes those acting as Agent for a Third Party. The Services means any Air, Land, Hydrographic, Building, Underground Survey, Setting Out or any other service provided by the Company to the Client. The Plans means the drawings, disks, reports or any media to be supplied as products of the Services.  The Price means the agreed fee or scale of charges for the Services.
 
2. Acceptance of arrival on site, the Plans or quotation/tender (verbal or written) for the Services by the Client shall be deemed to be acceptance of these Terms and Conditions and that the Client shall not cancel the contract without compensating the Company for work done to time of cancellation plus 20% of the Price remaining. Where the Client has its own T&C, usually written on an official order, then those T&C shall be made known to the Company at tender stage or these T&C shall prevail. The Client shall make known all relevant facts to the Company to execute the Services and arrange access where appropriate or reimburse for costs involved.

3.    The Company may sub-contract part of the Services whilst accepting responsibility for the Services as if they had not been sub-contracted.

4. All Prices quoted exclude delivery and VAT and amounts become due 28 days after invoice date which can be an interim based on work to date. The Company will charge 4% above BLR per month on a daily basis on overdue accounts until settled and will invoice all costs generated by Courts, Solicitors and/or Debt Collection Agencies in the recovery of such overdue accounts. Payment will not be effected until clearance of cheque. Where payment is referred to a Third Party this shall not relieve the Client from responsibility under these T&C without prejudice to the Company’s right against that Third Party to recover its debt.

5.    Effective delivery shall be delivery to the Client or, by instruction, to a Third Party. The Company shall not be liable for any consequential loss due to incorrect setting out, non or late delivery of its Plans or Services.

 6.    Where delivery is refused or where the Company is unable to deliver due to circumstances beyond its control then the Company is entitled to treat the Contract as being fulfilled or partially fulfilled and invoice the Client accordingly as in Clause 4 of these T&C - a non exhaustive list of such circumstances would include Act of God, weather conditions, flying or shipping restrictions, riot, International or National Government action.

7.    The Company shall be informed, within 60 days of Plans delivery, in writing, of any items requiring rectification at the Company's expense or if such items can be shown that no error be attached to the Company then any costs so generated to be reimbursed by the Client.  The Company has a liability to the Client only which shall not exceed the amount of Professional Indemnity cover in place at the time of the Contract. 

8.    The Copyright in the Plans shall remain vested in the Company who will grant an irrevocable licence for use by the Client once payment has been received in full (Clause 4). No Third Party may use the Plans even if payment has been made to the Client but not received by the Company. The Company may provide Plans prior to the issue of an invoice under a temporary licence arrangement extending no more than 30 days from the date of subsequent invoice. A breach of Copyright will occur should payment not be made within this due period.  Also the Client may only hold the Plans in a fiduciary capacity which enables the Plans to be identified as belonging to the Company until payment has been made under Clause 4. The Client's right to possession of the Plans shall cease if it does or fails to do anything which would entitle an Administrative Receiver to take possession and the Client shall grant an irrevocable licence to the Company to repossess its Plans in this event.

 9.    The trade marks, trade names, know how, design rights, goodwill, patents, copyright and all other proprietary rights arising out of the provision of the Services are the property of the Company and the Client shall not cause or permit anything that might damage or endanger them or alter, deface, remove any markings or any indications as to the source of the Plans. The Client and Company will respect mutual confidentiality in all respects of the Contract.

 10. The Company shall hold or effect policies of Insurance to cover Public Liability, for not less than £5M, Employers Liability for £10M and Professional Indemnity with cover of £2M to be for 6 years in compliance with regulations laid down for the time being by The Survey Association. Plans in transit to be insured by the Company for all risks.

11. No liability for accuracy shall extend beyond the specified scale of graphical mapping, digitised data or any other accuracy specified for the Services. 

12. The Contract shall be construed and performed in accordance with the Laws and Courts of England.

The Survey Association May 1996 Issue 2.
 
Copyright (C) and approved for members only.