Terms & Conditions - SBW Project Services Limited

SBW Project Services Limited Standard Terms and Conditions (Jan 2025)

In these terms ‘SBW’ [the trading name of ‘SBW Project Services Limited] (“The Company”) will provide management/support/consultancy services in accordance with written and or verbal instructions issued / given by the Client and in accordance with these Terms and Conditions.
Acceptance of these Terms and Conditions of Engagement shall constitute an Agreement made in England and subject to the laws of England.
This Agreement constitutes the entire Agreement between the parties in relation to the instructions given in this instance, and shall take precedence over all and any other terms, unless otherwise accepted, and subsequently agreed in writing, by the Company.
The rights and remedies of the Company set forth in this Agreement are in addition to all other rights and remedies provided by law.
Our charges for the provision of our services will be calculated by multiplying the time spent in dealing with the assignment by us by the daily charge out rate. Any time spent equating to less than a full day will be charged at a minimum of a half day.
Standard working hours are 8:00am to 4.30pm on weekdays. Travel time of up to 1 hour is included within the rate and will be undertaken outside of the working hours. Any travel time over the 1-hour period will be carried out during the working hours and shall count as part of the day.
The chargeable rate is exclusive of any travel. All travel by car will be charged at 45p per mile from the registered address.
Any expenses incurred in relation to the work undertaken, or pre-agreed travel by train (including parking, hotels, drawing prints etc.) will be charged at cost +20% admin fee.
Any requirement for overnight accommodation will be at the judgement of SBW, however the client will be advised prior to booking. Accommodation will be mid-range “Premier Inn” type hotels unless agreed otherwise, and will be charged in accordance with clause 8 of these T’s & C’s.
SBW reserve the right to carry out any work in any reasonable location they wish if possible including (but not limited to), other sites, registered office, clients premises, construction sites etc.
If the Company are given instructions by a limited private company then unless otherwise agreed in writing with the Client in advance, it is a condition of the Company accepting the Client’s instructions that the Directors of said limited private company are jointly and severally liable along with the limited private company for payment of the Company’s fees, costs, expenses, etc. and any interest thereon.
Invoices will be rendered to the Client on a regular basis detailing the services provided, the days carried out providing such service and the expenses, disbursements, subsistence incurred in carrying out such service. The Company may, at its discretion, require payment on account of fees and/or expenses, disbursements, subsistence at the commencement of or during the course of providing such service.
Unless otherwise agreed, all invoices are payable upon presentation of SBW’s invoice (date of presentation being the due date) but in any event no later than fourteen days after the presentation date, and are the specific responsibility [for payment] of those directly providing the instructions to the Company and or the Directors of the Client as named above.
The Company understands and will execute its statutory right to claim interest and compensation for debt recovery costs under the current late payment legislation (Late Payment of Commercial Debt (Interest) Act 1998, as amended by Late Payment of Commercial Debts Regulations 2002 and as amended by Late Payment of Commercial Debts Regulations 2013) if the Company is not paid according to its credit terms. The Company also reserves the right to immediately suspend the provision of its services for so long as any amount remains outstanding; consequential abortive time costs may/will be charged to the Client for the period of suspension by the Company.
Where a Client requests that the Company is to render its invoice(s) to another party, the Client remains liable for the debt until the Company’s invoice(s) has been settled in full.
All reports and information supplied by the Company are intended for the sole use of the Client. Where a report or information supplied by the Company is disclosed by the Client to a third party, the Client shall indemnify the Company for all charges arising from all subsequent work carried out by the Company, including attendances at the request of the Client and/or third party.
The benefit of this Agreement may not be assigned by the Client without the Company’s previous written consent. When such consent is given, it is conditional upon the Client’s assignee accepting the conditions agreed between the Client and the Company.
The copyright and all other intellectual property rights of whatever nature in the reports, photographs, videos, computer programs and other material produced or commissioned by the Company is and shall remain the sole and exclusive property of the Company, unless otherwise agreed in writing.
The Company warrants that it will carry out its duties as instructed by the Client with reasonable skill, care and diligence in conformity with the normal standards to be expected of a competent professional offering such services and this warranty shall be the only warranty given in respect of such duties. Furthermore, the Company shall not be liable for anything done or omitted to be done in the discharge or purported discharge of his functions unless the act of omission is in bad faith.
Should any of the following occur, namely:
The commission of any act of bankruptcy or the liquidation or winding up (other than for the purposed of amalgamation or reconstruction) or the appointment of an administrative receiver or a receiver in relation to the Client,
Failure of the Client to make payment to the Company of any sums payable in accordance with Clause 13 within 14 days of the due date,
Then the Company may either terminate forthwith and or forthwith suspend its services with the Client by notice, without prejudice to any rights or remedies of the Company and or the Client.
Should the Client terminate this Agreement for any reason whatsoever, all fees, costs, expenses etc. incurred by the Company up to the point of said termination shall become immediately due on receipt of the Company’s Final Invoice, or in any event within seven days.
Any dispute between the Company and the Client shall be resolved between the parties with the mutual consent of the other, and in good faith and or by the English courts. For the avoidance of doubt, this Agreement is not a construction contract and falls outside the remit of the ‘Construction Act’, as amended.
The Client agrees to the charge out rate(s) and which are fixed to 31 December 2025 unless otherwise agreed in writing.

SBW Project Services Limited Standard Terms and Conditions (Jan 2025)

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