1. Introduction

These Terms and Conditions (“Terms”) form the basis of the contract between Strut Building Surveyors Ltd (“we”, “us”, or “the Consultant”) and the instructing party (“you”, “the Client”) for the provision of professional services. These Terms are deemed accepted upon formal instruction and shall be read in conjunction with any accompanying Letter of Engagement or Proposal Document (“Engagement Letter”).

2. Professional Standards and Regulation

2.1 Strut Building Surveyors Ltd is a professional firm working to the standards set by the Royal Institution of Chartered Surveyors (RICS) and undertakes all services in accordance with:

• The RICS Rules of Conduct

• The RICS Global Professional and Ethical Standards

• All applicable UK legislation, codes of practice, and statutory instruments

2.2 We shall exercise reasonable skill, care, and diligence in the performance of the services in accordance with the accepted standards of our profession.

3. Scope of Services

3.1 The scope of services shall be as detailed in the Engagement Letter. Any variation or extension to the agreed scope shall only be valid if confirmed in writing and may be subject to additional fees.

3.2 The services provided are for the exclusive use of the Client and are not to be relied upon by any third party without our prior written consent.

4. Fees and Payment

4.1 Fees shall be as set out in the Engagement Letter, and are exclusive of VAT and disbursements unless stated otherwise.

4.2 Payment terms are strictly 14 days from the date of invoice. We reserve the right to charge interest on overdue invoices at a rate of 4% above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

4.3 Where additional work is required beyond the agreed scope, fees will be charged at our standard hourly rates or as otherwise agreed in writing.

5. Liability and Insurance

5.1 Our liability for any claim in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to the amount set out in the Engagement Letter or, if not specified, to £1,000,000 (one million pounds).

5.2 We maintain professional indemnity insurance in accordance with the RICS minimum requirements. Details are available upon request.

5.3 We shall not be liable for any indirect, consequential, or economic loss or loss of profit, howsoever caused.

5.4 No action or proceedings may be commenced more than six (6) years after the cause of action has accrued.

6. Duty of Care

6.1 We owe a duty of care to the Client named in the Engagement Letter only. No liability to any third party shall be accepted unless agreed in writing.

6.2 Where reports or advice are shared with third parties (e.g. funders, purchasers), they may not rely on such material without entering into a formal reliance letter or collateral warranty.

7. Confidentiality

7.1 Both parties agree to keep confidential any proprietary or sensitive information received in connection with the services, except as required by law or regulatory obligation.

7.2 We may disclose information to other professional advisors or third parties with your prior consent or as necessary to perform the services.

8. Intellectual Property

8.1 Copyright in all documents, drawings, and reports prepared by Strut Building Surveyors shall remain vested in us unless otherwise agreed in writing.

8.2 You are granted a non-exclusive licence to use such documents for the purposes for which they were provided.

9. Termination

9.1 Either party may terminate this agreement upon giving 14 days’ written notice.

9.2 We reserve the right to terminate the agreement immediately in the event of:

• Non-payment of fees

• Insolvency or bankruptcy of the Client

• Breach of these Terms

9.3 On termination, all fees for work completed (including disbursements and costs incurred) shall become immediately payable.

10. Force Majeure

We shall not be liable for any delay or failure in the performance of our obligations caused by circumstances beyond our reasonable control including (but not limited to) acts of God, war, civil unrest, pandemic, strikes, or government restrictions.

11. Governing Law and Jurisdiction

11.1 These Terms and any dispute arising from the provision of services shall be governed by and construed in accordance with the laws of England and Wales.

11.2 The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

12. Complaints Handling Procedure

12.1 As a firm regulated by RICS, we operate a Complaints Handling Procedure (CHP) in accordance with RICS requirements. A copy is available on request.

12.2 Unresolved complaints may be referred to an independent redress mechanism such as the Property Ombudsman or CEDR, depending on the nature of the instruction.

13. Data Protection and GDPR

13.1 We comply with all applicable data protection legislation, including the UK GDPR and Data Protection Act 2018.

13.2 Client data will only be used for the purposes of delivering services and in accordance with our Privacy Policy.

14. Entire Agreement

These Terms, together with the Engagement Letter and any agreed schedules or annexes, constitute the entire agreement between the parties. No oral statements or prior representations shall have any contractual effect.