Terms & conditions


These Terms and Conditions of Appointment and the attached fee letter to the Client together with the Client's acceptance thereof shall constitute the contract between the Client and Enviroscope Consulting Ltd ("the Agreement").

This Agreement shall apply in preference to and supersede any previous terms and conditions referred to, offered or relied upon by the Client, whether in writing or otherwise.


The following definitions shall apply to this Agreement:

"Client" means the organisation to whom the attached fee letter is addressed.

"Consultant" means Enviroscope Consulting Ltd.

"Works" means the Works, Project or Scope set out in the attached fee letter in connection with which the Client has engaged the Consultant to perform the Services.

"Services" means the scope of services described in the fee proposal.

"Additional Services" means any services undertaken by the Consultant beyond those defined in the attached fee letter.

"Fee" means the fees and costs for the performance of the Services and Additional Services.

Duty of Care

The Consultant shall operate within the terms of their professional institute’s code of professional conduct and within the law of the country s/he is working in. As such, the Consultant shall show due care and regard for the environment, their Clients and their colleagues.

Consultant’s Authority

The Consultant shall act on behalf of the Client as an impartial advisor, investigator or agent in those matters defined in this Agreement.

Professional Standards and Conduct

All members of permanent staff are members of a professional body. All work will be undertaken inaccordance with the professional body’s Code of Professional Conduct.

To meet standard legislative and local authority requirements, survey reports will normally contain recommendations which will follow industry good practice. These will be based on the professional interpretation of survey results and may also include recommendations in relation to issues observed on the site other than those for which the survey was commissioned.

No responsibility will be accepted for any repercussions arising from a client not carrying out recommendations in full.

Modifications and Revision to Agreement

Any modifications to this Agreement that are deemed necessary by either the Consultant or the Client should be notified to the other party at the earliest opportunity. Consent for modifications arising from unforeseen circumstances or factors should not be unreasonably withheld by either party.


Fees for the performance of the Services and the Additional Services if any shall be paid in accordance with the fee proposal issued by Enviroscope.

The quoted fees doe not include VAT, which will be charged at the standard rate.

Fee proposals are valid for 60 days from the date of the quotation, and include for digital copies of reports and plans only.  Paper copies will be charged at cost.

Unless stated travel and accommodation costs are included in the fee proposal.

Rates are typically reviewed in January each year.

Costs assume that relevant base maps (both in hard and electronic format and in the appropriate format) will be supplied free of charge, together with copyright permissions (OS licence numbers) need for their use.  If not supplied, these will be purchased and the purchase price will be passes onto the client at cost.

The Client will be required to make interim payments of the fees, unless indicated otherwise in the fee letter. Invoices will be submitted by the Consultant and require payment by the Client on a monthly basis.

Payment due to the Consultant under this Agreement shall become due for payment on submission of the Consultant's invoice and the final date for payment shall be 7, 14 or 30 days thereafter.  Interest (at Bank Rate + 2%) depending on the payment terms set out in the fee proposal.  Collection costs shall be charged on all amounts remaining unpaid thereafter.

Where time based fees are to be paid, they shall be paid by instalments as set out in the attached fee letter and calculated by multiplying the rates stated in the fee letter by the time spent in performing the Services or Additional Services, including time spent in travelling in connection with the Works.

Appointment of Sub-Consultants

Additional consultants or subconsultants may be appointed by either the client directly or by the principal consultant, subject to the acceptance of each party.


Neither the Client nor the Consultant shall assign the appointment to another party in whole or in part without the prior, written agreement as to the division of responsibilities and liabilities that shall apply.

Liability for Other Consultants

The Consultant shall not be responsible for the actions and/or omissions of another consultant except where this is explicitly laid down in this Agreement.

The liability for sub-consultants rests with the employing Consultant who will check appropriate accreditatins and insurance are held.


It shall be the duty of the Consultant and Client to provide evidence that each holds sufficient insurance to meet their respective liabilities in relation to this project.

Acceptance of Terms and Conditions

No work will be booked into the consultant’s programme nor undertaken until the quoted costs and all eterms and conditions have been accepted in writing.

Site Safety

All work will be subject to risk assessment.  Surveys will be undertaken on the basis that the site is in a safe condition.  If at any time the consultant’s surveyors feel it is unsafe to proceed, work will be terminated until the site can be made safe.

Site Visits

Where the Consultant is required to visit a site, full access permission will be required.  No site work will commence until site access permission is confirmed.  The number of visits, duration and intervals between visits shall be agreed between the Consultant and the Client. These shall be detailed in the fee proposal. If additional visits to the site are considered necessary by the Consultant, details, if agreed by the Client, will be set out in writing, as an extension of this Agreement.

Client Responsibilities

Information from the Client - The Client shall provide the Consultant with such information and make such decisions as are necessary for the proper performance of the agreed service.

Representative of Client - The Client, if a company or other group of persons, shall be required by the Consultant to nominate one specific representative for the duration of the project.


Copyright on all documents including survey information, text, photographs, drawings and other illustrations prepared by the Consultant shall, unless otherwise agreed, remain the property of the Consultant. The Client shall be entitled to use documents prepared by the Consultant in the execution of this Agreement provided that:

All fees due to the Consultant at that stage have been paid.

The use relates only to the project or part of the project for which the material was prepared.

The consultant shall not be liable for the use of the documents described in this clause for purposes other than those for which they were prepared and provided.

Scientifically Significant Data

Wherever possible, the Consultant will make scientific data collected during the course of the Works available to appropriate recording centres.

Modification of Agreement

If either party to this Agreement considers modifications to the project to be necessary, full details must be provided in writing. If Agreement for appropriate modifications cannot be reached within 30 days, dispute procedures shall be implemented (refer to clause on Modifications and Revisions to Agreement).


The Consultant shall be free to use all information arising from the Services for publicity purposes, unless a prior written request for confidentiality has been received from the Client.

Delays and cancellations

Best endeavours to achieve the programme agreed for the Services will be made by the Consultant unless it is prevented from doing so by circumstances beyond its reasonable control, or as agreed otherwise.  If any such event occurs we shall advise the client of a reasonable revised period for completion of the Services.


In the event of a material breach of this Agreement by either party or in the event of the insolvency of one of the parties the party who is not in breach or is not insolvent may terminate this Appointment upon not less than two weeks' written notice to the other party.

Upon such termination the Client shall pay the Consultant all monies accrued due to the Consultant up to the date of such termination following submission of the Consultant's invoice therefore and the provisions of clause 6 of this Agreement shall then apply to such payment.

Termination of the Consultant's appointment under this Agreement shall not prejudice or affect the accrued rights or claims of either party.

Death or Incapacity

In the event of death or serious incapacity of the Consultant preventing the continuation of this Agreement, it shall be deemed to have terminated. As soon as all outstanding Fees have been paid, the Client shall be entitled to use all data prepared on the project subject to the provisions of clause on Modifications and Revisions of Agreement.

Settlement of Disputes

By Agreement - Differences or disputes arising out of the appointment in relation to professional, ethical or any other matter may be settled by Agreement between the parties.

By mediation - If Agreement cannot be reached, the Client or Consultant are free to invite a third party to act as mediator.

By arbitration - Any difference or dispute arising out of the appointment which cannot be resolved in accordance with either first two clauses relating to Termination shall be referred to arbitration by a person agreed between the parties. If Agreement cannot be reached after 14 days, the matter shall be referred by either party to the Chartered Institute of Arbitrators for the appointment of an arbitrator. Where this Agreement is implemented in a country other than England, an equivalent arbitration body should be approached.

Governing Laws

The application of this Agreement shall be governed by the laws of the country in which the Agreement is implemented. The Client and Consultant shall comply with all relevant legislation.


No actions or proceedings for any breach of this agreement shall be commenced against the consultant after the expiry of 6 years from the date of the relevant report.