Business Terms & Conditions

These are the terms and conditions for the contract between:

1. we, us, our: Barrett & Booth Limited TA Axis Surveys (registered in England and Wales with company number 11281001); and
2. you, our client: The person or organisation (acting in the course of a business, trade, or profession) awarding the Contract, as set out in the Client Agreement.

In these Terms and Conditions, the following words and expressions shall have the following meanings:

• The ‘Client’ means the person or organisation awarding the Contract. An Agent acting for a Third Party shall be deemed to be the client unless otherwise designated in writing by the Third Party.
• The ‘Contract Price’ means the agreed fee or scale of charges for the Work, subject to such alterations as may be made under the provisions hereinafter contained.
• The ‘Contract’ means the agreement concluded between the Client and the Surveyor, including these Terms and Conditions, all Specifications, and other documents which are relevant to the Contract.
• The ‘Surveyor’ means Barrett & Booth Limited (trading as Axis Surveys) and includes the Surveyor’s successors and permitted assigns.
• The ‘Work’ means the surveying, mapping, setting out, or any other service to be executed and all supporting Plans to be produced and supplied by the Surveyor in accordance with the Specification and includes any additional work requested by the Client.
• The ‘Purpose’ means the use for the Work as stated in the Contract.
• The ‘Quotation Period’ means the period between the Surveyor receiving an invitation from the Client to provide a quotation for the work and the date by which the Surveyor must submit their quotation.
• The ‘Plans’ means the drawings, digital data, photographs, listings, reports, or any other supporting documentation.

1. In so far as is reasonably possible during the Quotation Period, the Surveyor shall be deemed to be satisfied before submitting the quotation as to the nature and requirements of the work, the conditions under which the work will be completed and correctness and sufficiency of the quotation. The several documents forming the Contract are to be taken as mutually explanatory of each other and in cases of discrepancy the specification shall prevail. The Client warrants that all relevant information has been provided regarding the nature and scope of the work and any unusual or hazardous conditions which may apply.
2. The Surveyor shall not be obliged to commence the Work until requested in writing to do so by the Client. Once Work has commenced the Client shall not cancel the Contract without compensating the Surveyor in full for the Work done to notification of cancellation together with a payment of 20 percent of the Contract Price remaining.
3. The Surveyor shall execute and complete the Work in conformity with the Specification and the delivery dates agreed. The Surveyor shall supply and provide for all matters necessary for the completion of the Work at the expense of the Surveyor except as specifically provided for in this Contract. Effective delivery shall be delivery to the Client or, by instruction, to a Third Party. Where delivery is refused or where the Surveyor is unable to deliver due to circumstances beyond their control, the Surveyor is entitled to treat the Contract as being fulfilled and invoice the Client accordingly. Work which the Client reasonably considers fails to meet the standards contained in the Specification shall be returned to the Surveyor within 14 days of receipt for correction at the Surveyor’s own expense. If such Work is found, on being checked by the Surveyor, to be within the standards specified then the costs incurred by the Surveyor in checking shall be payable by the Client.
4. The Work shall be completed in accordance with the agreed programme and dates or within such time as may be agreed with the Client. Any request by the Surveyor for extension of time shall be made in writing to the Client within seven days of the Surveyor being aware of such need arising.
5. No variation to the Work shall be binding on the Surveyor unless agreed in writing by both parties, including any adjustment to the Contract Price and delivery dates, before the variation work is carried out.
6. The Surveyor may sub-contract part of the Work, whilst accepting full responsibility for the Work as if it had not been sub-contracted.
7. Where it is necessary for the Surveyor to have access on to private property the Client will be responsible for obtaining any necessary permissions. The Client will also furnish the Surveyor with a list of the occupiers and any letters of identification which may be needed.
8. The Client may at any reasonable time examine or test any part of the Work or materials intended for use therein and the Surveyor shall give every reasonable facility and assistance necessary. The cost of making any test and or facilities and assistance provided shall be borne by the Client.
9. Invoices may be submitted by the Surveyor to the Client at not less than monthly intervals for completed stages of the Work. Payment will be made within 30 days of the date of invoice. In the event of late payment, the Surveyor reserves the right to charge statutory interest at 8% per annum above the Bank of England’s base rate and claim fixed sum compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998. Only the final payment shall be taken as admission of the due performance of the Contract.
10. The Surveyor shall hold or effect policies of insurance to cover Public Liability for not less than £1M, Employer’s Liability for not less than £10M and Professional Indemnity with cover for not less than £1,000,000 in respect of any one claim. The Surveyor shall maintain such Professional Indemnity insurance for a minimum of six 6 years following the completion of the Work. The Surveyor shall insure the Plans against all risks whilst in transit, digital or hardcopy, until effective delivery to the Client. The surveyor shall not be responsible for the insurance of Work installed in or on property under the control of the Client.
11. The Surveyor shall not be liable for any inaccuracy of the Plans beyond the specified scale or accuracy, or for any matters resulting from their use for purposes other than that stated in the Contract. No liability shall attach to the Surveyor in respect of any consequential loss or damages suffered by the Client.
12. Should the Surveyor be in breach of the Contract the Client may serve written notice on the Surveyor specifying the breaches of Contract and requiring them to be remedied within 30 days. Failing such remedy, the Client may terminate the Contract by serving written notice to that effect on the Surveyor. The Client may decide to use only so much of the Work, upon payment to the Surveyor of such fees as they shall agree. In the event of the Client failing to provide such matters as agreed in the Contract the Surveyor shall be entitled to an extension of the Contract period for any consequent delay and to payment for any additional costs that the Surveyor may reasonably incur. In the event of the Client failing to make payments by the due date the Surveyor shall have the right to suspend the Work until receipt of such payments and to receive payment for any additional cost arising from such suspension. If such period of suspension shall exceed 30 days the Surveyor may, on giving the Client 14 days’ notice, terminate the Contract without prejudice to any of his other rights under the Contract and be entitled to the compensation laid down in Clause 2.
13. If either party becomes insolvent, enters into liquidation (other than for solvent reconstruction), administration, or receivership, or makes a proposal for a voluntary arrangement with its creditors, the other party may terminate the Contract upon written notice.
14. The Surveyor shall not be liable for any failure to perform the Work either at all or within any time if performance is delayed, hindered, or prevented by any circumstances beyond the Surveyor’s control. After a period of seven days from the start of such circumstances either party may give notice to determine the Contract forthwith. The Client shall pay the Surveyor for the Work undertaken together with such additional costs to which the Surveyor has been committed or might reasonably incur.
15. The copyright and any other Intellectual Property Rights in the Plans shall remain vested in the Surveyor who will grant an irrevocable royalty-free licence for use by the Client for any purpose related to the Purpose once payment has been received in full. Such licence may not be transferred to a Third Party without the written agreement of the Surveyor. The Surveyor may provide Plans prior to the issue of an invoice, under a temporary licence arrangement. The Client shall not remove any markings identifying the Surveyor as the owner of the Copyright.
16. The Surveyor shall respect any confidential documentation or information relating to the Work and make no unauthorised disclosure or use thereof.
17. Health and Safety: The Client warrants that the site is safe for access and that all known or suspected hazards (including, but not limited to, asbestos, fragile roofs, confined spaces, hidden services, or ground contamination) have been notified to the Surveyor in writing prior to commencement of the Work. The Client shall provide the Surveyor with a copy of any relevant asbestos register and any other site-specific health and safety information. The Client shall be liable for any loss, damage, or injury caused to the Surveyor’s personnel or equipment as a result of the Client’s breach of this warranty.
18. Data Protection: Both parties will comply with all applicable requirements of the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). We will process personal data provided by you only for the purpose of performing the Contract and as set out in our Privacy Policy (which is available on our website).
19. Dispute Resolution: In the event of a dispute arising out of or in connection with the Contract, the parties shall first attempt to resolve the dispute through good faith negotiations between senior representatives. If the dispute is not resolved within 30 days, either party may propose that the dispute be referred to mediation. If the parties fail to agree on a mediator or if the mediation fails to resolve the dispute, either party may commence legal proceedings.
20. General: If any provision of this Contract is held by any court to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect. This Contract constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements.
21. Governing Law: This Contract shall be governed by and construed in accordance with the law of England and Wales, and the parties irrevocably submit to the exclusive jurisdiction of the English courts.