Standard Terms And Conditions
Contemplation Space is a marketing name only for Jonathan Clarkson Design Consultant. The following standard terms and conditions apply:
Parties: This legal agreement is between us — Contemplation Space — Jonathan Clarkson (Proprietor) and you, the named addressee as stated in our fee proposal letter, either over leaf, or as exchanged at the beginning of each project or contract where this is being accessed through the contemplation space web site.
Price: All fees and/or prices quoted are offered strictly in accordance with the scope of work for each individual project as detailed in our respective fee proposal letter for that project. They are subject to expenses unless otherwise stated. All additional work, unless otherwise agreed in writing, will be subject to hourly charge rates, also detailed in our respective fee proposal letter.
Deposit: Where goods are being supplied and where stated in sales offers, a deposit will be required prior to any works commencing. The level of deposit will vary unless otherwise agreed in writing. Deposits are non refundable.
Payment: Payment is required in full fifteen days from the date of invoice for the agreed works, unless otherwise agreed in writing. All late payments will be subject to statutory interest charges.
Stage Payments: Where the work involved has a fee value greater than £3000.00 sterling, staged payment is required on the final day of the respective calendar month. Where the length of a project programme is greater than one calendar month, stage payments are required upon receipt of a monthly invoice.
Retention of title: All goods and services (including drawings) provided by Jonathan Clarkson remain in his sole ownership until final payment is made. Jonathan Clarkson retains the right to recover goods, drawings and the right to suspend service pending full payment.
Copyright and intellectual copyright ownership: All copyright and intellectual copyright ownership will be retained by Jonathan Clarkson unless otherwise agreed in writing. All un-authorised re-production of goods and designs are strictly prohibited.
General liability: No liability will be accepted for any variation from drawings, specifications or instructions issued by or on behalf of Jonathan Clarkson with out prior written consent.
Product liability: No liability will be accepted for negligent or inappropriate use of products, furniture or built elements either supplied or designed.
Professional liability: Professional indemnity for work which is carried out for final use by the general public must be provided by the lead design consultant. No liability will be accepted for all sub consultancy design work carried out by Jonathan Clarkson for use in the public realm.
Consequential loss: Jonathan Clarkson accepts no liability for consequential loss resulting in anyway from goods or services supplied.
Confidentiality: All designs and drawings in support of design work must not be revealed, reproduced or distributed to third parties with out prior written consent.
Variation: No addition to or variation of these conditions will bind the company/sole trader, unless it is specifically agreed in writing and signed by Jonathan Clarkson. No agent or person employed under contract with Jonathan Clarkson has the authority to alter or vary these conditions in any way.
Severability: Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.
Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Law: All work carried out will be carried out under the jurisdiction of Scots law except where European Law takes precedence.
