Terms and Conditions
It is important to know the terms of any contract to which you are engaged and at Cadogans we aim to be completely transparent in this regard.
It is not unusual for clients to request changes to our terms, but unless otherwise stated, these are the terms upon which we are employed.
- The Cadogans Group (Cadogans) comprises Cadogan Consultants Ltd, Cadogan Consult Ltd and Cadogan International Ltd. The contracting party will be specified in the letter of offer or acceptance.
- Cadogans will exercise all due skill, care and diligence in the execution of the services to be supplied.
- Cadogans will observe and act expeditiously upon all reasonable instructions of the Client which shall be given in writing.
- The fee arrangement will be agreed in advance of carrying out any work. Our fee rates are reviewed annually. Unless otherwise agreed, expenses will be charged in addition to fees.
- Cadogans will submit invoices monthly. Invoices will be accompanied by appropriate supporting details of time spent, rates and expenses.
- Expenses include all reasonable expenditure incurred in carrying out instructions.
- Payment shall be made within 30 calendar days of receipt of invoice and shall be remitted in Pounds Sterling (unless otherwise agreed) to Cadogans’ bank in Glasgow. Any queries shall be notified within 14 days of issue of the invoice, otherwise the invoice will be deemed to have been accepted. In the case of a dispute over part of an invoice the remaining part shall be payable on the due date.
- In the event of payment being made later than provided herein Cadogans will be entitled to receive interest at the rate of 8% above the Base Lending Rate of the Bank of Scotland on such overdue sums until payment is received.
- In the event of late payment, following due notice, Cadogans may terminate the Services and withhold any information, reports, specifications, drawings etc. prepared for the Client as part of the services.
- Except for such charges imposed by the UK authorities, fees payable hereunder are exclusive of any duties, taxes, imposts or other charges by any local or national government or other authority. Such duties, taxes, imposts or other charges shall be payable net in addition.
- Notwithstanding the above, all costs, expenses, quotations, etc., due to or provided by Cadogans, are net of VAT which, to the extent that it is due, shall be an addition thereto.
- For work involving expert opinion the following will apply.
- Cadogans will use its best endeavours to provide the services of the appointed expert(s). Cadogans will not be responsible for any costs incurred in the event an expert is not available owing to ill health or for any other reason outside Cadogans’ control.
- If the case proceeds towards a hearing with a date set and it is then cancelled or settled Cadogans reserves the right to charge a cancellation fee. Cancellation fees will be charged as a percentage of the fee that could reasonably have been expected to be paid. The percentage will be: Notice of Cancellation (in working days) - <1, 70%; 1-5, 50%; 6-10, 30%; 11-20, 25%; >21, 0%.
- Fees shall not be subjected to taxation and the Client will pay any taxation deducted relating to the Case
- Notwithstanding any other provisions of this Agreement, Cadogans liability to the Client under or arising from this agreement in delict (including negligence) or under any statute arising from Cadogans’ acts or omissions shall not exceed the sum of £100,000 or the cost of re-performing the services which are the subject of this agreement whichever is the lesser.
- Cadogans’ liability to the Client for any loss or damage, including a claim for damages for a breach of the agreement by Cadogans shall be reduced to the extent that an act or omission of the Client or its employees, agents or consultants contributed to the loss or damage.
- After the expiry of one year from the date of invoice in respect of the final amount claimed by Cadogans, Cadogans shall be discharged from all liability in respect of the services whether under the law of contract, delict or otherwise.
- Cadogans will provide and maintain Employer's Liability, Public Liability and Professional Indemnity Insurances for the duration of the work to be carried out.
- Cadogans’ Professional Indemnity Insurance has exclusions which are standard for the industry. No liability is accepted for claims relating to industry standard exclusions including pollution, contamination, toxic mould and asbestos.
- The Client shall look only to Cadogans (and not to any individual) for redress if the Client considers that there has been any breach of this Agreement. The Client agrees not to pursue any claims in contract, delict or statute (including negligence) against any individual as a result of carrying out its obligations under or in connection with this Agreement at any time.
- The work shall not be assigned or sub-let in whole or in part without the prior written consent of the Client, which shall not be unreasonably withheld. Any assignments or sub-letting shall not relieve Cadogans of any of its obligations.
- Cadogans will observe the confidentiality of information acquired in the course of the execution of the Services and will not disclose any information to a third party except as may be necessary for proper performance of these obligations under any Agreement or as required by Law.
- Where Cadogans provides design services or advice, it brings to your attention your duties as a Client under the CDM Regulations 2007. These include the requirement for the Client to appoint a CDM co-ordinator and a principal contractor for notifiable projects.
- Cadogans operates a complaints process. Details are available on request. Any complaint should be addressed initially to the Managing Director.
- If any dispute arises between the parties, which cannot be settled informally, they will attempt to settle it by mediation before any further procedures are instigated. Unless otherwise agreed, the dispute will be referred to the Academy of Experts or the Scottish Mediation Network with a request to provide the names of independent mediators.
- Any disputes not resolved informally or by mediation, shall be referred to Arbitration. In the case of UK Clients Arbitration will be conducted according to the Arbitration (Scotland) Act 2010 by one arbitrator agreed mutually or appointed by the president of the Chartered Institute of Arbitrators. In the case of other Clients settlement will be under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The Arbitration is to be conducted in English.
- This offer is to be construed in accordance with and subject to the Laws of Scotland and the language thereof is English.
- This Offer is open for acceptance for a period of 60 days from the date thereof.