Terms & Conditions
CORE ESTIMATING LTD — Terms & Conditions of Business
1.0 DEFINITIONS
1.1 The following defined words have the following meanings:
"Agreement" means the engagement letter or proposal issued by CORE Estimating Ltd to the Client, together with these Terms & Conditions and any subsequent agreed variations set out in writing.
"Client" means the person, business, company or organisation to whom the Agreement is addressed.
"Consultant" means CORE Estimating Ltd, a company registered in England and Wales.
"Services" means the estimating, cost planning, tender preparation, or related services to be provided by the Consultant as identified in the Agreement.
"Force Majeure" means any circumstance outside the reasonable control of the Consultant, including but not limited to acts of God, pandemic, civil unrest, or any deferral in project instructions by the Client.
"Estimate" means the cost document, bill of quantities, tender pricing document or similar deliverable produced by the Consultant in performance of the Services.
1.2 Section headings are for convenience only and do not affect interpretation of these Terms.
2.0 ENGAGEMENT & PERFORMANCE
2.1 By accepting the Consultant's quotation or continuing to instruct the Consultant, the Client accepts these Terms & Conditions in full.
2.2 The Client agrees to supply, without charge, all drawings, specifications, schedules, and other information necessary for the Consultant to perform the Services in a timely manner. Any delay caused by late or incomplete information provided by the Client shall not be the responsibility of the Consultant.
2.3 The Consultant shall carry out the Services with reasonable skill and care. It is the Client's responsibility to review and check all Estimates prior to submission to any third party. The Consultant shall not be liable for errors arising from inaccurate or incomplete information provided by the Client.
2.4 Unless otherwise agreed, approval from the Client shall be deemed to have been given if the Consultant is not notified of any objection within five (5) working days of a request for approval being made.
2.5 The Consultant reserves the right to decline any instruction at its discretion.
3.0 VARIATIONS
3.1 Any variation to the agreed scope of Services must be agreed in writing by both parties prior to the Consultant proceeding with the additional work.
3.2 Where a variation results in additional work beyond the original scope, the Consultant shall be entitled to fair and reasonable remuneration for that additional work, which shall be agreed in advance wherever possible.
4.0 TURNAROUND & DELIVERY
4.1 The Consultant will agree a turnaround timeframe with the Client at the point of instruction. Where urgent turnaround is required, the Client must notify the Consultant at the earliest opportunity and the Consultant will confirm whether this can be accommodated.
4.2 Estimates are delivered in the Consultant's standard format unless otherwise agreed. The Consultant reserves the right to determine the most appropriate format for delivery.
4.3 Delivery timescales are estimates only and may be affected by the completeness and quality of information provided by the Client, scope changes, or circumstances beyond the Consultant's control.
5.0 INTELLECTUAL PROPERTY & CONFIDENTIALITY
5.1 All intellectual property rights in work produced by the Consultant remain vested in the Consultant until all fees and disbursements are paid in full. Upon full payment, the Client is granted a licence to use the work solely for the purpose for which it was prepared.
5.2 The Consultant treats all project information and Client data as strictly confidential. The Consultant will not share, disclose, or use Client project information for any purpose other than the performance of the Services.
5.3 Where the same tender is submitted by more than one contractor, the Consultant will not produce estimates for competing parties on the same tender. Each estimate is exclusive to the instructing Client.
5.4 The Client agrees not to disclose any proprietary methodologies, processes, or pricing structures used by the Consultant to any third party without prior written consent.
6.0 PAYMENT
6.1 All fees are as set out in the Agreement and are exclusive of VAT. VAT will be added at the prevailing rate where applicable.
6.2 Payment is due on the date of invoice. The Consultant may require a deposit prior to commencement of work. All deposits are non-refundable under any circumstance.
6.3 The Client agrees not to withhold payment in part or in full. All invoices must be paid in full. Any dispute regarding an invoice must be raised in writing within 7 days of the invoice date; failure to do so constitutes acceptance of the invoice.
6.4 Interest pursuant to the Late Payment of Commercial Debt (Interest) Act 1998 shall apply to all amounts remaining unpaid after the due date.
6.5 In the event of non-payment, the Consultant reserves the right to suspend all Services and withhold delivery of any outstanding work until full payment is received.
6.6 The Consultant reserves the right to review and adjust its fees from time to time and will provide written notice of any changes prior to implementation.
7.0 LIABILITY
7.1 The Consultant will remedy, at its own cost, any work that is demonstrably below the standard reasonably expected of a competent estimating consultant.
7.2 The Consultant shall not be liable for any loss of profit, loss of contract, loss of opportunity, or any indirect or consequential loss suffered by the Client or any third party arising from the use of an Estimate.
7.3 The total liability of the Consultant under this Agreement shall not exceed ten times the fees paid by the Client under the relevant instruction, or £1,000 (one thousand pounds), whichever is the greater.
7.4 The Consultant has no liability in relation to any matters concerning asbestos, contamination, pollution, terrorism, or property valuation, which are expressly excluded from the scope of Services.
7.5 No individual employee or director of the Consultant shall be personally liable to the Client for any act, default, omission or negligence arising under or in connection with this Agreement.
7.6 Nothing in these Terms limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
8.0 SUSPENSION & TERMINATION
8.1 If the Client fails to make payment in full by the due date, the Consultant may issue seven (7) days' written notice of its intention to suspend Services. If payment is not received within that period, the Consultant may suspend all work until payment is made in full.
8.2 Either party may terminate the Agreement by providing written notice in the following circumstances: (a) the other party has failed to remedy a material breach within fourteen (14) days of written notice; or (b) the Agreement has been affected by Force Majeure for a continuous period of forty (40) or more days.
8.3 Upon termination, the Client shall pay all fees and disbursements due for Services performed up to and including the date of termination.
9.0 NON-SOLICITATION
9.1 During the term of this Agreement and for a period of nine (9) months following its termination, the Client shall not directly or indirectly solicit, approach, or employ any employee, sub-contractor, or representative of the Consultant without prior written consent.
9.2 In the event of a breach of clause 9.1, the Client shall pay to the Consultant a sum equivalent to nine (9) months' gross remuneration of the individual concerned, as compensation for the loss suffered by the Consultant.
10.0 DISPUTES
10.1 Any dispute that cannot be resolved informally shall, in the first instance, be referred to the respective principals of both parties, who shall attempt in good faith to reach resolution within five (5) working days.
10.2 If the dispute cannot be resolved under clause 10.1, either party may refer the matter to adjudication in accordance with the Housing Grants, Construction and Regeneration Act 1996.
10.3 In the event that either party does not accept the adjudicator's decision, the matter may be referred to litigation.
11.0 GENERAL
11.1 These Terms & Conditions, together with the Agreement, constitute the entire agreement between the parties and supersede all prior representations, discussions, or understandings.
11.2 This Agreement is governed by and construed in accordance with the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the Courts of England and Wales.
11.3 This Agreement does not create any rights enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
11.4 If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
By accepting CORE Estimating Ltd's quotation, you confirm that you have read, understood, and agreed to these Terms & Conditions.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: sh@coreestimating.co.uk
By phone number: 01752 922639