Our terms and conditions

Our terms and conditions

Simple and transparent Terms and Conditions…​

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We have kept our terms and conditions fair and reasonable, there are no hidden extras to worry about, by instructing MEPology you agree to our terms and conditions as set out below. We are happy to provide the below in writing via, email or post.

Put simply; by sticking to our below T&C’s we can deliver a level of service your project requires whilst avoiding any misunderstandings or issues during our working relationship. 

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Our General Terms and Conditions:

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1. Definitions 

In these Terms and Conditions, the following definitions apply: 

• "Company"      refers to [MEPology], its employees, sub-consultants, and authorised      representatives. 
• "Client"      refers to the individual, company, or organisation engaging the Company      for MEP design services. 
• "Services"      means the mechanical (HVAC), electrical, and/or plumbing design and plan      preparation services to be provided. 
• "Project"      refers to the specific construction or development work for which the      Services are engaged. 
• "Deliverables"      means drawings, calculations, reports, specifications, and any other      documents produced under this agreement. 
• "Fee"      means the agreed payment for the Services as set out in the project      proposal or fee agreement. 

2. Scope of Services 

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2.1 Included Services 

The Company agrees to provide MEP design services as outlined in the project-specific proposal, which may include: 

• Mechanical/HVAC      system design (heating, ventilation, air conditioning, and      refrigeration). 
• Electrical      system design (power distribution, lighting, fire alarm, and low-voltage      systems). 
• Plumbing      and drainage system design (hot and cold water, sanitary drainage, and      stormwater). 

2.2 Excluded Services 

Unless expressly stated in writing, the following are excluded from the Services: 

• Structural,      civil, or architectural design services. 
• Site      surveys or investigation works. 
• Construction      management, contract administration, or site supervision. 
• As-built      documentation unless specifically agreed. 
• Specialist      sub-system design (e.g., data cabling, AV systems, medical gas) unless      listed in the proposal. 

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3. Client Obligations 

The Client agrees to: 

• Provide      accurate, complete, and prompt information required for the provision of      Services, including site dimensions, architectural drawings, and relevant      technical data. 
• Inform      the Company promptly of any changes to the Project scope, brief, or      programme. 
• Obtain      and maintain all necessary planning consents, permissions, and approvals      needed for the Project. 
• Ensure      that any third-party information provided to the Company is accurate and      fit for purpose. 
• Respond      to queries and review submissions within agreed time limits to avoid      delays to the programme. 

The Company accepts no liability for errors or delays arising from inaccurate, incomplete, or late information provided by the Client or third parties. 

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4. Fees and Payment 

4.1 Fee Basis 

Fees for the Services will be as agreed in the project proposal, either on a fixed-price, time-charge, or stage-payment basis. All fees are exclusive of VAT (or applicable taxes), which will be charged at the prevailing rate. 

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4.2 Invoicing 

Invoices will be issued per the agreed payment schedule. Where no schedule is agreed, invoices will be issued upon completion of agreed milestones. 

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4.3 Payment Terms 

Payment is due within 2 days of the invoice date, unless otherwise agreed in writing. The Company reserves the right to: 

• Charge      interest on overdue amounts at 8% per annum above the Bank of England base      rate (or applicable statutory rate). 
• Suspend      Services where invoices are still unpaid beyond 7 days, without liability      for resulting delays. 
• Recover      reasonable debt collection costs incurred in pursuing overdue      payments. 

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4.4 Additional Services 

Any work performed beyond the agreed scope will be charged as added services at the Company's standard rates or an agreed fixed fee. Added services will not be undertaken without prior written authorisation from the Client. 

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5. Intellectual Property 

All intellectual property rights in the Deliverables, including drawings, calculations, reports, and specifications, remain vested in the Company unless expressly transferred in writing. 

Upon receipt of full payment of all fees due, the Company grants the Client a non-exclusive, non-transferable licence to use the Deliverables solely for the purposes of the Project for which they were prepared. This licence does not allow the Client to: 

• Reproduce      or adapt the Deliverables for use on any other project without prior      written consent. 
• Remove      or alter any copyright notices, title blocks, or attributions. 
• Sub-licence      or assign the use of Deliverables to any third party without written      agreement. 

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6. Liability and Indemnity 

6.1 Limitation of Liability 

The Company's total aggregate liability to the Client arising out of or in connection with the Services (whether in contract, tort, negligence, or otherwise) shall not exceed the total Fees paid by the Client for the specific Services to which the claim relates, or the limit of the Company's professional indemnity insurance, whichever is lower. 

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6.2 Exclusions 

The Company shall not be liable for: 

• Loss      of profit, revenue, business, or anticipated savings. 
• Consequential,      indirect, or special damages of any kind. 
• Losses      arising from the Client's failure to implement recommendations or obtain      required approvals. 
• Errors      resulting from inaccurate or incomplete information provided by the Client      or third parties. 
• The      work, advice, or omissions of contractors, sub-contractors, or other      professionals not engaged by the Company. 

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7. Design Standards and Compliance 

The Company will conduct the Services with reasonable skill and care, following applicable professional standards and the following, as relevant at the time of design: 

• Current      British Standards (BS). 
• Building      Regulations (Approved Documents) applicable in England, Wales, Scotland,      or Northern Ireland, as appropriate. 
• CIBSE      Guides and technical memoranda. 
• IET      Wiring Regulations (BS 7671) for electrical installations. 
• Water      Supply (Water Fittings) Regulations and relevant water industry      standards. 

The Client is responsible for ensuring that the Project complies with all planning consents and any site-specific requirements not communicated to the Company. The Company does not warrant that Deliverables will comply with local authority requirements that were not disclosed at the time of engagement. 

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8. Changes and Variations 

The Client may request changes to the agreed scope of Services at any time in writing. The Company will assess the impact of any proposed change on programme, fees, and the existing Deliverables and recommend the Client accordingly. No change will be implemented until agreed in writing. 

Where design changes are required due to decisions outside the Company's control (such as regulatory changes, contractor substitutions, or Client-initiated design amendments following completion of a stage), such changes will be treated as added services and charged accordingly. 

9. Programme and Delays 

Any programme or timetable provided by the Company is an estimate only and does not constitute a contractual commitment, unless expressly agreed in writing as a fixed deadline. The Company will use reasonable endeavours to meet agreed programmes, but shall not be liable for delays caused by: 

• Late      provision of information, approvals, or instructions by the Client. 
• Changes      to the scope or brief. 
• Force      majeure events including but not limited to extreme weather, strikes, or      natural disasters. 
• Delays      by statutory authorities, utilities, or other third parties beyond the      Company's control.

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10. Confidentiality 

Both parties agree to keep confidential all proprietary or sensitive information received from the other in connection with the Services and shall not show such information to third parties without prior written consent, except where required by law or regulation. 

This obligation shall survive the termination of the engagement for a period of five (5) years. 

https://gdpr-info.eu/

11. Termination 

11.1 Termination by Either Party 

Either party may terminate the engagement by giving not less than 30 days' written notice to the other party. 

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11.2 Termination for Cause 

The Company may terminate the engagement immediately upon written notice if: 

• The      Client does not make payment within 7 days of the invoice due date. 
• The      Client acts in a manner that is abusive, threatening, or otherwise      unacceptable towards Company personnel. 
• The      Client becomes insolvent, enters administration, or ceases to carry on      business. 
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11.3 Consequences of Termination 

Upon termination, the Client shall pay for all Services performed up to the date of termination, including any reasonable demobilisation costs. The Company shall provide the Client with all Deliverables produced up to that date upon receipt of final payment. Licences granted under clause 5 are contingent on full payment of all outstanding fees. 

12. Dispute Resolution 

In case of a dispute arising from these Terms and Conditions, the parties will attempt to resolve the matter through good-faith negotiation within 30 days of written notice of the dispute. 

If the dispute cannot be resolved by negotiation, either party may refer the matter to mediation using a mutually agreed mediator, or to adjudication in accordance with the Scheme for Construction Contracts (England and Wales) Regulations 1998, as applicable. 

Nothing in this clause shall prevent either party from seeking urgent injunctive or interim relief from a court of competent jurisdiction. 

13. General Provisions 

13.1 Governing Law 

These Terms and Conditions and any engagement to which they apply shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales. 

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13.2 Entire Agreement 

These Terms and Conditions, together with the project-specific proposal or fee agreement, constitute the entire agreement between the parties with respect to the Services and supersede all prior representations, negotiations, and understandings. 

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13.3 Amendments 

No amendment to these Terms and Conditions shall be valid unless made in writing (email).

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13.4 Severability 

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, it shall be severed without affecting the validity and enforceability of the remaining provisions. 

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13.5 Waiver 

Failure by either party to enforce any provision of these Terms and Conditions shall not constitute a waiver of that party's right to subsequently enforce that provision. 

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13.6 Third-Party Rights 

Nothing in these Terms and Conditions is intended to confer any benefit on any third party under the Contracts (Rights of Third Parties) Act 1999. 

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ACCEPTANCE 

by going ahead with your project/drawings with MEPology, you the customer are accepting all our terms and conditions listed above.

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MEPology has the right to remove and add terms and conditions at any time.