Standard Terms and Conditions of Business For Hive Structural Ltd

Created 7th February 2025

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1. Definitions

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The ’Standard Terms and Conditions of Business’ listed below shall apply to all of ’the Services’ carried out by ’the Company’ on behalf of ’the Client’. The ’terms and conditions’ along with the ’Fee Proposal Letter’ which combined will constitute the sole contract between ’the Company’ and ’the Client’.

’The Company’ shall mean Hive Structural Ltd, company number SC836599 and having its Registered Office at 16 Straiton Place, Portobello, Edinburgh EH15 2BQ.

’The Client’ is the individual person or persons or corporate body or partnership who instructs ’the Company’ to carry out the works identified within the fee quotation. Where ’the Client’ comprises more than one person then the obligations undertaken by such persons are undertaken jointly and severally.

’The Services’ shall mean the scope of services, duties and activities provided by ’the Company’ to ’the Client’ as defined in the Fee Proposal.

’The Contract’ is between ’the Client’ and ’the Company’. Third parties do not have any rights under the Contract and assignation of the Contract is not permitted.

‘The Fee Proposal’ is the document which outlines ‘The Services’ which Hive Structural Ltd are providing.

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2. Fees

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2.1 The fee proposal is valid for 30 days and if not accepted within that period, ’the Company’ have the right to review the fee. ’The Company’ reserves the right to vary the fee should the project parameters or brief change significantly. ‘The Client’ shall be informed of any proposed changes to the fees, and agreement reached with ‘The Company’ in advance of any additional work being undertaken.

2.2 ’The Company’ is not responsible for third party costs.

2.3 Invoices for services rendered will normally be issued on the completion of the agreed works within ’The Contract’ but ’The Company’ has the right to issue invoices for payment in advance, for works undertaken to date prior to final issue or in interim percentage fee invoices throughout ’The Contract’ duration.  Fee stages will be outlined in the “Fee Proposal”.

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3. Payment

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3.1 Payment is due within fourteen days of date of invoice. Late payment surcharges will be added after the fourteen-day period. If payment is not received after 21 days then ’The Company’ has the right to send the debt for collection and court action may result. In the event of failure to pay any monies in accordance with the above. Interest will be calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and at the relevant rate plus the statutory rate of interest.

3.2 The remuneration payable to ’the Company’ under the terms of Clause 2 shall continue to be payable by ’the Client’ to ’the Company’, notwithstanding the termination of the agreement, until all outstanding payments are fulfilled.

3.3 ’The Client’ shall make all payments due under ’the Contract’ in full without any deduction whether by way of set-off or counterclaim unless ’the Client’ has a valid Court Decree or Order requiring an amount equal to such deduction to be paid by ’the Company’.

3.4 Where services are withdrawn or terminated by ’the Client’, ’the Company’ may retain all drawings and certificates, produced by ’the Company’, until payment in full is received for any invoice.

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4. Insurance & Liability

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4.1 Save in respect of death or personal injury ‘The Client’ shall look only to “The Company’ (and not to any individual or consultant’s personnel) for redress if ‘The Client’ considers that there has been any breach of ‘The Contract’.  ‘The Client’ agrees not to pursue any claims in contract, delict or statute against individuals, including without limitation any Approved Certifier employed by the Client pursuant to the Building (Scotland) Act 2003, as a result of the carrying out of its obligations under or in connection with ‘The Contract’ at any time and whether named expressly in ‘The Contract’ or not.

4.2 The amount of Professional Indemnity insurance to be carried by ’the Company’ is ₤1 000 000 unless otherwise stated in the fee proposal letter. Full details of cover are available for viewing at the office by request.

4.3 The period of liability of ‘The Company’ is from the date of the “Fee Proposal” to the five years after the completion of ‘The Services’ (or termination of the appointment if earlier) or such earlier date as may be prescribed by law.

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5. CDM Regulations

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5.1 Under the Construction (Design and Management) Regulations 2015 ’the Client’ must appoint a Principal Designer or undertake responsibility of the role themselves. ’The contract’ with ’The Company’ is for designer duties only. Further information on duties and responsibilities under the regulations can be found on the HSE website. 

 

6. General

6.1 All intellectual property rights and copyright associated with the services offered and provided by ’the Company’ shall remain vested in and the property of ’the Company’.

6.2 By providing written confirmation to proceed by email and in some cases providing a verbal approval to proceed and in the absence of a written declaration to the contrary, these initial ’Standard Terms and Conditions of Business’, all as scheduled above, are accepted by ’the Client’ and deemed to constitute as part of ’the Contract’ between ’the Client’ and ’the Company’ for the delivery of the Services.

6.3 These terms and conditions of business are governed by the law of Scotland and are subject to the non-exclusive jurisdiction of the Scottish Courts.

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7. Design and Contractor Designed Elements

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7.1 In the case of a design for Building Warrant, Hive Structural Ltd will provide drawings of the structure to allow the permanent works to obtain a building warrant, and to allow the structural elements of the building to be constructed.

7.2 Where the works will involve the need for temporary works, these are not designed by Hive Structural Ltd. However, we will have considered the temporary works required and ensured that it is possible to construct the permanent works, so long as sufficient temporary works are put in place.  Hive Structural Ltd’s drawings will show indicative temporary details and/or notes/descriptions to demonstrate that this has been considered and as a starting point for the temporary works designer. The drawings will also note the full loading that any temporary works are required to support.

7.3 Where items of permanent structure are to be designed by a third party, Hive Structural Ltd have an obligation to check that these comply with the relevant Building Regulations. Where the design of these items has not been completed prior to the Building Warrant application being submitted, they will be excluded from the SER Certificate under Schedule One. These elements being excluded will be itemised in the ‘Fee Proposal’. There are restrictions on which elements can be excluded. In some cases, if a third-party design, for an item which is not permitted to be excluded, is not provided in sufficient time, this may delay the production of the final drawings and the SER Certificate cannot be created until this information is received, checked and approved.

7.4 For those elements which are excluded under Schedule One, the full design and drawings should be provided to Hive Structural Ltd, no less than 28 days prior to order being placed for the items. This is to allow sufficient time for checking and approval, or communication with the element designer to change the design so that it can be approved and not cause undue delay to the project.  Once all Schedule One items have been checked and approved, Hive Structural Ltd will produce the Form Q, which is required to be submitted to Building Control alongside the Completion Certificate.

7.5 Where items have been listed as excluded within the ‘Fee Proposal’ but a third-party design is not forthcoming, should Hive Structural Ltd be required to subsequently produce a design, this will incur additional fees. These additional fees will be agreed with ‘the Client’, in writing, prior to any design work being undertaken.