Terms and Conditions

MW Consulting Engineers

1.0 Quotations and Invoicing

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1.1 Validity of Quotations

1.1.1 Any quotation provided by M W Consulting Engineers (MWCE) applies exclusively to the structural elements specified. Any additional design requirements will not be included in the original fee unless agreed otherwise in writing.

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1.1.2 The only exception to this is responding to reasonable clarification requests from Building Control relating to the structural elements included within the original design, based on the latest drawings issued by the appointed architect prior to the quotation being produced.

1.2 Site Visits and Revisions

1.2.1 The initial quotation is subject to revision following a site visit if deemed necessary.

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1.2.2 If a site visit is conducted, any necessary revisions to the quotation will be based solely on a walk-through visual inspection, considering only elements that are clearly visible at the time.

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1.2.3 Should a revised quotation be required following a site visit, and the client decides not to proceed, the site visit fee remains payable. If the site visit fee was not itemised in the original quote, it can be confirmed upon request.

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1.2.4 Unless explicitly stated otherwise, the quotation includes only the first site visit. Any additional site visits will incur separate charges.

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1.3 Amendments Due to External Factors

1.3.1 If additional design work is required due to:

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• Future revisions by the appointed architect;

• Additional or revised information from external parties;

• Unconfirmed conditions discovered after construction has commenced,

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MWCE must be notified immediately. Such revisions will not be included in the original fee unless explicitly stated.

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1.3.2 MWCE holds no responsibility for third-party designs or modifications to the issued design unless such changes are reviewed and agreed in writing by MWCE.

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1.4 Deliverables and Payment

1.4.1 Structural calculations, as specified in the quotation, will be provided in PDF format, forming a structural design package suitable for Building Regulations approval and construction by a competent contractor, subject to verification of site conditions and compliance with the issued design.

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1.4.2 Structural drawings are not included unless explicitly stated in the quotation.

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1.4.3 Upon acceptance of the quotation, MWCE will notify the client when the calculation package is ready. An invoice will then be issued and is payable upon receipt.

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1.4.4 The calculation package will only be released after full payment has been received.

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1.5 Late Payments

1.5.1 If payment is not received upon receipt of an invoice, MWCE reserves the right to:

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a) Charge statutory interest at a rate of 8% plus the Bank of England base rate (Late Payment of Commercial Debts Act 1998).

b) Suspend or terminate work until payment is cleared.

c) Recover reasonable debt collection costs if further action is required.

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2.0 Suspension of Works

2.1 If a project remains inactive for six months or longer, MWCE reserves the right to review the instruction. Delivery dates, fee structures, and previously issued quotations may require revalidation or renegotiation before further work proceeds.

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2.2 If renegotiation is unsuccessful, MWCE will have no further obligation to continue work on the project.

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3.0 Cancelling an Instruction

3.1.1 If a client cancels the instruction to proceed with design work, all completed work and any associated costs up to that point will be invoiced.

3.1.2 The invoiced amount will reflect work undertaken up to the point of cancellation, including time expended, design work completed, and any associated costs incurred.

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3.1.3 All requested documents and designs will be provided within two working days, subject to:

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• A formal written request;

• Clearance of all outstanding payments.

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3.2 Incomplete Delivery & Client Cancellation

3.2.1 If MWCE fails to meet an agreed written delivery date, but the work is completed before the client formally cancels, the client must settle all outstanding invoices within two working days and before receiving any documents.

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3.3 Refund Policy

3.3.1 Advance payments made prior to issue of the structural design package are non-refundable except where otherwise agreed in writing.

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4.0 Limitation of Liability

4.1 MWCE’s total liability for any claim arising from the services provided shall not exceed the total fee paid for the specific project to which the claim relates.

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4.2 MWCE is not liable for:

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• Indirect or consequential losses (e.g., loss of profit, delays, additional contractor costs).

• Errors resulting from inaccurate client-supplied information.

• Changes made to the design without prior approval from MWCE.

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5.0 Intellectual Property & Copyright

5.1 All calculations, drawings, and documents produced by MWCE remain intellectual property of MWCE unless explicitly stated otherwise.

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5.2 MWCE grants the client a non-exclusive license to use the documents solely for the intended project.

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5.3 MWCE retains the right to reuse or modify its designs for other projects unless confidentiality agreements prevent this.

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5.4 All drawings, calculations, and documents produced by MWCE are prepared solely for the project identified in the quotation. No third party may rely upon such documents without prior written consent from MWCE.

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6.0 Force Majeure (Unforeseen Circumstances)

6.1 MWCE is not liable for delays or failure to deliver services due to circumstances beyond its control, including but not limited to:

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• Extreme weather events, natural disasters, or pandemics.

• Labour strikes, supply chain disruptions, or material shortages.

• Government actions, war, terrorism, or regulatory changes.

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7.0 Client Responsibilities

7.1 The client must:

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• Provide accurate and complete information for design purposes.

• Notify MWCE of any changes to the project scope immediately.

• Ensure safe access to the site for MWCE personnel.

• Arrange for all necessary permissions and approvals (e.g., planning permission, party wall agreements).

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7.2 MWCE is not responsible for design errors resulting from incomplete or incorrect information.

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8.0 Termination of Services

8.1 MWCE reserves the right to terminate services if:

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• The client fails to make payment upon delivery

• The client breaches contract terms (e.g., sharing confidential information).

• The project becomes impractical or unfeasible due to unforeseen circumstances.

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8.2 The client may terminate services with written notice, subject to payment of all outstanding fees for work completed.

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9.0 Governing Law & Dispute Resolution

9.1 These terms are governed by the laws of England and Wales.

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9.2 Any disputes shall first be attempted to be resolved through mediation before pursuing legal action.

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9.3 If mediation is unsuccessful, disputes shall be resolved in the courts of England and Wales.

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9.4 Handling of Queries

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9.4.1 MMWCE will normally address queries raised by contractual parties directly involved in the project. Queries from statutory authorities, including Building Control, may also be addressed where appropriate.

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9.4.2 MWCE holds no responsibility for unsolicited third-party advice but may consider it at its discretion.

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9.5 Design Partnerships & Checks

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9.5.1 Any joint venture or design partnership must be agreed prior to instruction. This applies to, but is not limited to:

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• Independent design checks (except those required by building control);

• Collaborations with third-party engineers or consultants.

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9.6 Confidentiality and Non-Disclosure

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9.6.1 All instructed works are subject to confidentiality. This includes, but is not limited to, technical information, calculations, drawings, and project documentation produced by MWCE.

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9.6.2 Such information shall not be disclosed to third parties or published on public platforms without prior written consent from MWCE, except where disclosure is required for statutory approval, construction, or professional review.

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9.7 Defamation and Online Conduct

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9.7.1 Clients remain free to express opinions regarding the services provided. However, clients agree not to publish statements concerning MWCE which they know to be false or misleading, or which materially misrepresent the scope or nature of the services provided.

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9.7.2 Where statements are published that are demonstrably inaccurate and cause reputational or financial harm, MWCE reserves the right to pursue all legal remedies available under applicable law, including seeking removal of such statements and recovery of any demonstrable losses arising as a result.

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9.8 Costs Associated with Unsuccessful Disputes

9.8.1 If a client initiates a dispute MWCE will invoice for time spent addressing the dispute at a rate of £70 per hour.

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9.8.2 All time will be rounded up to the nearest full-hour unit. Charges will be applied at MWCE’s discretion.

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10.0 Additional Instructions

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10.1 Any request for work beyond the scope defined within the original quotation shall constitute a separate instruction.

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10.2 MWCE shall not be obliged to undertake additional work unless confirmed in writing and may issue a revised quotation or fee proposal prior to commencing such work.

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10.3 Verbal discussions, informal advice, or responses provided during telephone calls or site conversations shall not constitute formal design work unless subsequently confirmed in writing by MWCE.

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11.0 Scope of Professional Service

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11.1 MWCE provides structural engineering design services limited to the preparation of calculations, drawings, and technical information specified within the quotation.

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11.2 MWCE does not provide construction supervision, site management, or contractor oversight unless explicitly agreed in writing.

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11.3 Contractors remain responsible for workmanship, sequencing of construction, and verification of site conditions prior to carrying out works.

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11.4 Any queries relating to the design must be submitted in writing by the contractual client or their appointed professional representative.

12.0 Existing Conditions and Site Information

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12.1 Structural designs produced by MWCE are based on information available at the time of design, including drawings, descriptions of existing construction, and any information provided by the client or third parties.

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12.2 Unless otherwise agreed in writing, MWCE does not undertake intrusive investigations and relies upon visible conditions and information supplied.

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12.3 The contractor is responsible for verifying site conditions prior to construction and must notify MWCE immediately if any discrepancies, unforeseen conditions, or deviations from the assumed construction are identified before proceeding with the works.

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12.4 MWCE shall not be responsible for additional costs, delays, or redesign arising from conditions that differ materially from those assumed during the preparation of the design.

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12.5 Where previously concealed conditions become apparent during construction, further engineering assessment may be required and may constitute a separate instruction.