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T M VENTHAM PRACTICE was started by Terry Ventham (CEng MIStructE) in 1975 and for the past 30 years has provided a structural engineering and design service to clients throughout the South and West.

Our work ranges from structural advice on minor alteration and the survey of existing buildings, to the structural design of projects over £10m.

We provide not only a broad range of structural engineering and building surveying services but also infrastructure and civil engineering design, contamination and environmental investigations, site investigations, architectural design, structural repairs and restorations.

We have a wide range of experience covering sectors such as industrial, educational, healthcare, sports and leisure, business parks, offices, retail and residential developments.

sports / education	restoration	retail
health care	private homes	residential
Offices	business parks

Terence M. Ventham - CEng MIStructE
Principal

Darren Ventham - BEng(Hons) MSc

Senior Structural Engineer

https://plus.google.com/108617325161916871492/posts

http://uk.linkedin.com/in/darrenventham

Terry Burton - IEng AMIStructE
Senior Structural Engineer

Rex Linham
Senior Civil Engineering Infrastructure Specialist

Harold Strecker
Senior Structural Designer

Standard Terms and

Conditions of Engagement

The following terms and conditions, apply to all contracts unless qualified in the quotation or otherwise agreed in writing.

A. TERMS OF REFERENCE

In the Terms and Conditions of Engagement, the following words and abbreviations will have

the following meanings:-

(i) “TMVP” shall mean T M Ventham Practice situated at 184 Kellaway Avenue Bristol BS6 7YL

(ii) “Service” shall mean all work carried out by TMVP as instructed by and on behalf of its Clients

(iii) “Client” shall mean the person, company or organisation requesting services and offering payment to TMVP

(iv) “Site” shall mean any property or land asset that, unless otherwise specified, is the location at which a development is proposed .

(v) “Contract” shall mean the agreement between TMVP and its Client, whether verbally, in writing or by conduct of the parties to supply services to the Client in accordance with these terms and conditions.

(vi) “Parties” shall mean those who have entered into a contractual relationship for the provision of services.

B. GENERAL

(i) The intention to instruct TMVP may be made orally or in writing.  If modifications are required to the terms and conditions or service to be provided these should be notified at the time of, or prior to, notification of an intention to instruct. Once received we will confirm by issuing a written acceptance confirming our standard (or modified) terms and conditions. In the event either of the Parties require modifications to be made to the terms and conditions of TWVP then the Parties shall give formal notice in writing to this effect.

(ii) The Client will provide to TMVP such information in relation to the site and the use thereof as TMVP may require. The accuracy of which TMVP shall rely upon in recommendations made for services to be carried out. TMVP will not accept any liability or responsibility for information given by the Client (or any other third party on behalf of the Client) save for other information which is explicitly designed by TMVP. TMVP will not accept liability for pre-existing issues which may exist which have not been brought to the attention of TMVP whether known to the Client or any third parties at the time of instruction to TMVP.

(iii) Circumstances may arise where the Client may be liable to pay additional sums than specified within the contract price. Examples of this are as follows:

(i) Where unforeseen conditions are encountered.

(ii) If the client makes any changes to the service requirements which may result in abortive work, or instructs additional works to be carried out.

(iii) Where there are significant design changes after the issue of construction information or after the completion or part completion of detailed designs.

(iv) Where third parties are instructed to carry out work on behalf of the Client. Responsibility for payment of any third parties shall remain the responsibility of the Client at all times.

(iv) Unless otherwise quoted in writing, all work undertaken by TMVP will be done on a time charge basis at a rate of £75 per person per hour

(v) Unless otherwise agreed, for all services carried out for the Client it is acknowledged and agreed that all data, drawings, reports or other products supplied and arising from the service hereunder is intended for the use and reliance of the Client only. No liability shall be incurred by TMVP for works produced (including all data, drawings, reports and other products) on the direct instruction of the Client which is used by any third party unless accepted by TMVP in writing.

(vi) Under the current CDM Regulations (subject to amendment and further re-enactment) TMVP requests the Client to make themselves aware that these Regulations may apply to this contract. Furthermore all parties to this contract should familiarise themselves with the Regulations (including any further amendments) Please see below for information for your benefit, should you have any queries in connection with this, please contact TMVP.

(vii) Terms and conditions are liable to change without notice. Amended versions will supersede any printed or electronic versions held in the Clients' possession. Clients will be notified of any changes to TMVP’s Terms and Conditions in writing and by information given in TMVP’s website.

(viii) No warranty documents will be provided or signed unless these are provided to TMVP and agreed in advance of appointment.

(ix) TMVP will not take on the role of Principle designer for the purposes of CDM regulations 2014 unless explicitly agreed to in writing.

(x) TMVP asserts its intellectual property rights in respect of the documents produced by TMVP in any media form including writing and digital media (other than where ownership of such rights shall pass to the Client on completion of their instructions).

C. SITE INVESTIGATION AND UTILITIES

(i) Should TMVP’s brief and proposals include any excavation or exploration of the site then no liability will be accepted for any damage to buried cables, pipes or other underground utilities where the Client has not provided express information . The Client is responsible for information provided by all third parties as to the location of services . TMVP may request any further information, including information of the relevant authorities for the purposes of locating such services, the cost of which is to be borne by the Client.

(ii) Whilst all due care will be taken to avoid damage by equipment used during site investigations no liability will be accepted by TMVP for any damage to items affixed to or growing or deposited on the land carried out by third parties in the performance of the Client’s instructions.

(iii) TMVP’s liability shall not under any circumstances exceed the value or cost to the Client of direct remedial works to or upon the land arising from any provable failure of service and shall not under any circumstances extend to loss of profit or any consequential loss sustained by the Client or any other party.

D. PAYMENT

(i) All services carried out by TMVP are subject to Value Added Tax at the current rate.

(ii) Unless otherwise stated in writing, TMVP invoices will be submitted on monthly stage payment basis as the contract progresses for work done up to the date of the invoice.

(iii) TMVP terms of payment are strictly net within 30 days of the date of invoice being submitted.

(iv) All unpaid debts remaining after 30 days of an invoice being submitted will attract Interest at 0.5% per week, and TMVP will be entitled to the right to reasonable compensation for debt recovery costs incurred as a result of late payment.

(v)In the event of non payment of invoices after this time TMVP reserves the right to discontinue services in cases where the Client has not made payment on outstanding invoices during the course of provision of the Services where no reason for non payment has been provided. TMVP reserves the right to charge interest on any amounts outstanding under the Late Payment of Commercial Debts (interest) Act 1998

(vi) TMVP rates are valid for a period of 8 weeks from the date of issue unless otherwise stated.

Clients: Roles and Responsibilities − Construction (Design and Management) Regulations 2007 (as amended or re-enacted)

All those who work in the construction industry have their part to play in looking after their own health and safety and in improving the industry's health and safety record.

A CDM Client is someone who is having construction or building work carried out, unless they are a domestic client. A domestic client is someone who lives, or will live, in the premises where the work is carried out. The premises must not relate to any trade, business or other undertaking. Although a domestic client does not have duties under CDM, those who work for them on construction projects will.

On all projects clients will need to:

· Check competence and resources of all appointees

· Ensure there are suitable management arrangements for the project welfare facilities

· Allow sufficient time and resources for all stages

· Provide pre-construction information to designers and contractors where projects are notifiable under CDM 2007, clients must also:

· Appoint a CDM co-ordinator

· Appoint a principal contractor

· Make sure that construction work does not start unless a construction phase plan is in place and there are adequate welfare facilities on site

· Provide information relating to the health and safety file to the CDM co-ordinator

· Retain and provide access to the health and safety file

· Is compliant with all current legislation currently in force (subject to future enactment and amendment)

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