Terms and Conditions – For Consumers
1. These terms are the terms and conditions on which we supply our surveying services to you.
1.2 Please read these terms carefully. They tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.
2. Information about us and how to contact us
2.1 We are Barrett & Booth Limited trading as Axis Surveys, a company registered in England and Wales. Our company registration number is 11281001 and our registered office is at 6 Clematis Crescent, Burton on Trent, DE15 9FF. Our registered VAT number is 292 3810 95.2.2 You can contact us by telephoning 01283 550969 or by writing to us at info@axis-surveys.com.
2.3 If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance of your signed Client Agreement form will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this in writing. This might be because of unexpected limits on our resources, an error in the price or description of the services, or because we are unable to meet a deadline you have specified.
4. Our Services
4.1 We will provide the surveying services (the “Services”) as set out in the Client Agreement and Quotation. The final drawings, digital data, reports, and other documentation we produce are referred to as the “Plans”.
4.2 We will use all reasonable care and skill in performing the Services. 4.3 The Plans will be accurate to the specification, scale, and accuracy level stated in the Quotation. We are not responsible for any inaccuracy of the Plans beyond the specified scale or accuracy.
5. Your rights to make changes
If you wish to make a change to the Services you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing, or anything else necessary, and ask you to confirm whether you wish to go ahead.
6. Our rights to make changes
We may make minor technical changes to the Services to reflect changes in relevant laws, regulatory requirements, or industry best practice. These changes will not affect your use of the Services.
7. Your Obligations – Site Access and Safety
7.1 You must co-operate with us to enable us to provide the Services.
This includes:
7.1.1 Providing Safe Access: You must ensure that we (our employees and sub-contractors) have safe, clear, and unobstructed access to all relevant parts of the site and/or property at the agreed times.
7.1.2 Notifying Us of Hazards: You must inform us in writing, before we start the work, of all known or suspected hazards on or at the site. This includes (but is not limited to) fragile roofs, concealed services (pipes, cables), asbestos, hazardous substances, or any other health and safety risk.
7.1.3 Arranging Permissions: You are responsible for arranging any permissions or access required from your neighbours or other third parties to allow us to complete the survey.
7.2 If you do not allow us access to the property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to re-arrange access, we may end the contract.
8. Providing the Services
8.1 We will begin the Services on the date agreed with you. The estimated completion date for the Services is as told to you during the order process.
8.2 We are not responsible for delays outside our control. If our performance of the Services is affected by an event outside our control (such as extreme weather, equipment failure, or staff illness), we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay.
9. Your 14-Day Right to Cancel (Consumer Contracts Regulations 2013)
9.1 As this contract is concluded “at a distance” (e.g., via email), you have a legal right to change your mind and cancel the contract within 14 days of the date it is agreed (see clause 3.1). You do not need to give a reason.
9.2 This 14-day period is the “Cancellation Period”.
9.3 To exercise the right to cancel, you must inform us of your decision by a clear statement (e.g., a letter sent by post or an email). You can use the Cancellation Form at the end of these terms, but it is not obligatory.
9.4 Requesting us to start work within the 14-day period:
9.4.1 We will not start the Services during the 14-day Cancellation Period unless you have given us your express written permission to do so (for example, by ticking the box on the Client Agreement form).
9.4.2 If you give us express permission to start, you still have the right to cancel. However, if you cancel after we have started the work, you must pay us for the Services we have provided up to the time you tell us you are cancelling. This amount will be a reasonable proportion of the total Contract Price.
9.4.3 You will lose your right to cancel if we have fully completed the Services within the 14-day period (having been asked by you to do so), and you will be required to pay the full price.
10. Your Other Rights to End the Contract
10.1 You can also end the contract if:
10.1.1 We have told you about an upcoming change to the Services or these terms which you do not agree to.
10.1.2 We have told you about an error in the price or description of the Services and you do not wish to proceed.
10.1.3 There is a risk the Services may be significantly delayed because of events outside our control.
10.1.4 We have suspended the Services for technical reasons for more than 30 days; or
10.1.5 You have a legal right to end the contract because of something we have done wrong. 10.2 If you end the contract for one of these reasons, the contract will end immediately, and we will refund you in full for any Services which have not been provided.
11. Our rights to end the contract
11.1 We may end the contract at any time by writing to you if:
11.1.1 You do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you;
11.1.2 You do not, within a reasonable time, provide us with information that is necessary for us to provide the Services (e.g., site access details or known hazards as required by Clause 7); or
11.1.3 You do not, within a reasonable time, allow us access to your property to provide the Services.
11.2 If we end the contract in these situations, we will refund any money you have paid in advance for Services we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur because of your breaking the contract.
12. If there is a problem with the Services
12.1 We are under a legal duty to supply Services that are in conformity with this contract and with reasonable care and skill. Your legal rights under the Consumer Rights Act 2015 are not affected by these terms.
12.2 If you have any questions or complaints, please contact us at 01283 550969 or info@axis-surveys.com.
12.3 In the unlikely event that the Services are not performed with reasonable care and skill, you have the legal right to ask us to repeat performance of the service.
12.4 If you believe the final Plans contain an error or do not meet the specification in the Quotation, you must notify us within 14 days of receipt. We will check the Plans, and if they are found to be incorrect, we will correct them at our own expense.
13. Price and payment
13.1 The price of the Services (which includes VAT) will be the price set out in our Quotation. 13.2 We accept payment by BACS transfer & Debit Card.
13.3 We will invoice you for the balance when we have completed the Services.
13.4 You must pay the final invoice within 30 calendar days after the date of the invoice.
13.5 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank. This interest shall accrue daily from the due date until the date of actual payment.
14. Copyright and Use of Plans (Intellectual Property)
14.1 The copyright and all other intellectual property rights in the Plans and all other documents we produce shall always remain our property.
14.2 We will provide the final Plans to you only after we have received payment in full.
14.3 Once you have paid us in full, we grant you an irrevocable, royalty-free licence to use the Plans for any purpose related to the site or property for which they were prepared (e.g., for your own use, or for use by your architect, builder, or for a planning application).
14.4 This licence does not permit you to transfer or sell the Plans to any other person for a different purpose without our written permission.
15. Our responsibility for loss or damage suffered by you
15.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud; or for breach of your legal rights in relation to the Services.
15.3 We are not liable for any loss or damage that results from your use of the Plans for any purpose other than that stated in the Quotation.
15.4 We only supply the Services for your domestic and private use. If you use the Services for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, or business interruption.
16. How we may use your personal information
16.1 We will only use your personal information as set out in our Privacy Policy, which is available on our website at: www.axis-surveys.com/company-policies/
17. Other important terms
17.1 We may transfer our rights and obligations under these terms to another organisation.
17.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 These terms are governed by English law, and you can bring legal proceedings in respect of the Services in the English courts.
Cancellation Form
To: Barrett & Booth Limited TA Axis Surveys, [Your Address], info@axis-surveys.com
I/We [] hereby give notice that I/We [] cancel my/our [*] contract for the supply of the following service:
Service Ordered: [Client to describe the survey service, e.g., Topographical Survey at 123 Main St]
Quotation No: [Client to add Quote No.]
Ordered on:
Name(s):
Address:
Signature:
Date:
[*] Delete as appropriate
