Terms & Conditions

All works upon receiving an instruction, engagement of the consultant, agreement to fees to commence the works are subject to the terms and conditions.

• Payments of the agreed fees are to be in line with ‘the payment schedule of the agreement’ or in line with confirmation of fees both verbally and in writing from Simba Consultants Ltd.
• No works (site visit, drawing, inspection, survey, etc.) are carried out by this office, unless minimum payment has been made to commence work and act as instruction and acceptance of fee.
• Payment of minimum fee is deemed acceptance of the fee quote and acts as an instruction by the client to begin/ proceed with works.
• Confirmation/ booking of an engineer for site visit, Inspection, survey etc. shall be booked in at the cost of minimum fee, which will be payable before attending site. The client is liable to pay these costs upon making a booking with Simba Consultants Ltd. If the client wishes to cancel the site visit, inspection, survey etc. they must do so 48 hours before the time agreed/stated. If the cancellation is not done within the correct timescale, they will be liable to pay the agreed minimum fee. If the client is to reschedule the site visit, Inspection, survey etc, there is no additional charge. However, we do insist that the client please calls or notifies Simba Consultants Ltd at their earliest convenience.

1. These conditions relate to services in respect of reports, advisory work, design, investigation, inspections, research and site supervision.
2. In the event that any additional works are required, including any specialist services, these shall be charged to the client direct or at cost.
3. No such additional works will commence without a written order or signed agreement from the Client.
4. The Consultant undertakes to carry out the Task with all reasonable skill, care, and diligence.
5. The Copyright and all other Intellectual Property Rights in all drawings, documents and reports shall remain vested in the Consultant. All documents shall be made available to the client upon request, subject to the Consultant’s lien in respect of fees and disbursements.
6. The Consultant shall keep the Client informed of arrangements necessary to complete the allotted Task.
7. The engagement will be for such time as reasonably necessary to complete the allotted task. Times quoted for completion are approximate only.
8. The Client undertakes to pay the Consultant within 7 days of submitted invoices. The invoices will be issued as indicated in the Payment Schedule or in line with confirmation of fees both verbally and in writing from Simba Consultants Ltd.
9. Payment will be based on the agreed fixed fee sum/ hourly rate. Any fees that are payable to the local authority/ third parties (the planning and building regulation fees etc.) are not included in our fees. VAT, where applicable, is chargeable in addition and at the rate and in the manner prescribed by law.
10. Any overdue invoices unpaid after 7 days will attract additional interest charges at a rate of 3% above HSBC Bank Plc’s base rate, per annum. The Consultant reserves the right to charge additional administration costs incurred in pursuing unpaid invoices.
11. In the event that the Agreement is terminated prematurely, the Client shall pay a fair and reasonable amount commensurate with the work done up to the date of termination.
12. The Consultant shall not be held responsible for any loss, damage or injury arising from actions or omissions of the Client, his agents, servants, and independent contractors. Unless specifically arranged otherwise, the Client shall be responsible for access to land under investigation and for checking the positions of all statutory undertakers apparatus.
13. The Consultant (Simba Consultants Ltd) shall not be held responsible for any loss, damage or injury arising as a consequence of any work carried out by the Client or his agents. This includes damage to crops, adjacent or other property etc. caused as a result of work necessarily carried out on site, although every effort will be made to keep these to a minimum.
14. Any dispute or difference arising out of the agreement shall be referred to arbitration by an Arbitrator with experience in engineering and construction experience nominated by the President or Vice President for the time being of the Chartered Institute of Arbitrators.
15. You have a right to cancel the Agreement of design works within 14 days of the conclusion of the contract between us (if applicable). If you requested us to begin the performance of the services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this Agreement in comparison with the agreed fees.
16. Our total liability under or in connection with the Agreement, whether in contract or in tort (or delict), in negligence, for breach of statutory duty or otherwise (other than in respect of personal injury or death) will not exceed the sum of the agreed fees in relation to the work/project.

Our liability for loss or damage will be limited to the amount that is reasonable for us to pay in relation to the contractual responsibilities of other consultants, contractors and specialists appointed by you.

The agreement is subject to English Law and to the jurisdiction of English courts.

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