Terms and Conditions
This Term and Condition will be effected on the very date at which both parties ( Client and Consultant/Hog Furniture) give their consent against the provision therein and will continue pending the time both parties agree to end the business relationship.
1.1 The Artisan shall exercise reasonable skill and care in conformity with the normal standards of the Artisans profession in performing the Services defined in the Client Agreement and discharging all our obligations.
2.1 The Client will pay the artisan the fee and expenses set out in the Client Agreement (including call out charges on the first visit)
2.2. Unless otherwise agreed, invoices will be submitted after or on the first visit. Weekly, monthly or, if appropriate, a programme of instalment payment shall be drawn up. Instalments may not necessarily reflect the progress of the project and, in such cases, payment shall be made in accordance with Clause 9.0 thereunder if suspension or termination occurs.
2.3 Payments of 75% of the total sum of the money is required to be paid and the balance of 25% at the final execution of the project; where a client has earlier agreed to provide certain fittings/equipment for the services the artisan reserves the right to cease work on the project till an agreed date is fixed, however, the client is required to pay for inconveniences as a result of this adjustment.
2.4 The artisan reserves the right to cease work in the case of breach of contract or non-payment of fees.
3.1 Out of pocket expenses include the cost of hotel charges and travelling expenses within NIGERIA but exclude, telephone AND internet charges and various minor items, which are included in our fee.
3.2 Additional charges include such items as:
3.2.1 Drawings and documents required by CLIENTS, funds or third parties with an interest in the service.
3.2.2 Colour prints and drawings. (A1 Prints, 3D design and emailed pdf drawings issued).
3.2.3 Physical models.
3.2.4 Site surveys, structural investigations and load tests (unless otherwise agreed).
3.2.5 Fees for specialist professional advice not covered by the Client Agreement.
3.2.6 All costs relating to the engagement and payment.
3.2.7 Special reports and photographs for publicity or progress records.
3.2.8 specification, drawings, brochures.
3.2.9 Planning and Building Control Submission fees.
3.2.10 Courier charges.
4.0 CHANGE CONTROL
4.1 Should there be a variation in the agreed scope of work, the artisans will identify and issue this in a Change Notification Form which will identify any fee or programme implications. All Change Notification Forms issued will need to be agreed by the Client before the artisan progresses with any variations.
4.2 Charges - rates include direct staff cost as well as indirect overhead costs apportioned across all technical staff.
5.0 CLIENT’S INSTRUCTIONS
5.1 Although the Artisan is responsible for guiding the Client, the success of the project will depend to a large extent upon the Client's instructions and approvals being given when required to suit the project timetable. The Client, therefore, will provide the artisan with such information and make such decisions as are necessary for the proper performance of the agreed service.
5.2. Additional charges may be made for extra work arising from changes or delays in Client instructions in accordance with clause 5.1.
6.1 Intellectual property rights including copyright in the original work produced in the performance of the Service shall remain the property of the artisan and the artisan generally asserts the moral right to be identified as the author of such work. However, the Client shall be entitled to use such documents and drawings under a non-exclusive license and subject to payment having been received by the artisan of a license fee.
6.2 The artisan shall not be liable for the consequences of any use of information or designs prepared by them except for the purposes for which they were provided.
6.3 Photography – The artisan shall obtain the consent of the Client, which consent shall not be unreasonably withheld or delayed, before publication of any other information relating to the Project, unless reasonably necessary for the performance of the Services.
7.0 CLIENT FEEDBACK/POST OCCUPANCY EVALUATION
7.1 As a practice, we continuously strive to improve upon our service and approach and as such may request Client feedback at key project stages including post-project evaluations on completion with the Client’s consent.
8.1 Neither the Client or the artisan shall at any time assign the benefit of this agreement or any rights arising under it without the prior written consent of the other, and consent should not be unreasonably withheld or delayed.
9.0 SUSPENSION AND TERMINATION
9.1 In the event of our appointment being suspended the Artisan shall be entitled to fees for all work executed at that time.
9.2 During such a period of suspension the artisan shall be reimbursed for all expenses, and disbursements necessarily incurred under this appointment.
9.3 On the resumption of a suspended service within 1(one) week, previous payments will be regarded solely as payment on account towards the total fee. The Artisan shall be entitled to treat as terminated any Appointment under which the service remains suspended for six months or more, and the provisions of 9.4 below shall then apply.
9.4 Should the Consultant’s appointment with you be terminated at any stage of the project because you decide to:
9.4.1 Relinquish your interest in the site or project to others
9.4.2 Proceed with the development without us acting as your artisan
9.4.3 Abandon the development for any reason
9.4.4 Terminate the appointment for any reason
Then the fee due to the Artisan at the time of termination shall be calculated, either;
9.4.5 As a pro rata proportion of an agreed fixed fee
9.4.6 On a time charge basis at the agreed rates or,
9.4.7 In the event of no rates having been agreed, at the artisan rate at that time, such sum shall be recoverable as a debt.
9.5 The Artisan's appointment with you may be terminated at any stage of the project by the Artisan for any reason.
9.6 Use of the Artisans documents and drawings in the event of termination shall be subject to Clause 6.0 above.
10.0 LIABILITIES AND INSURANCE
10.1 Limit of liability – in any such action or proceedings:
10.1.1 The artisan's liability for loss or damage shall not exceed the amount of the professional indemnity insurance specified in the Project, providing the artisan has notified the insurers of the relevant claim or claims as required by the terms of such insurance.
10.1.2 No employee of the artisan, including any officer or director of a company or a member of a limited liability partnership or any agent of the artisan, shall be personally liable to the Client for any negligence, default or any other liability whatsoever arising from the performance of the Services.
10.2.1 All other artisan, contractors and other persons involved in the project have provided to the Client contractual undertakings on terms no less onerous than those of the artisan under this Agreement.
11.0 RIGHTS OF THIRD PARTIES
11.1 Nothing in this agreement shall confer or is intended to confer any right to enforce any of its terms on any person who is not a party to it other than lawful assignee.
12.0 CLIENT ACCEPTANCE
12.1 Client confirmation of acceptance of this fee agreement is necessary for the ARTISANS to commence work.
Confirmation may be by way of an email.