CPG Terms and Conditions
Registered in England and Wales with company number 09124745. The company’s registered office is located at
Cornwall Planning Limited, Chi Gallos Hayle Marine Renewables Business Park, N Quay, Hayle TR27 4DD
(Cornwall Planning)
- Professional Indemnity
Cornwall Planning will maintain Professional Indemnity insurance for the sum of no less than £5 million in respect of any claim. A copy of our Professional Indemnity Insurance certificate is available upon request.
- Payment Terms
All invoices are due for payment within 30 days of being issued, with work not commencing until payment has been received in full (unless agreed otherwise in writing at the outset of the project).
Any queries regarding invoices should be given in writing within 5 days of the final date of payment. In these cases a statement clearly setting out the reasons for disputing any payment must be made.
We reserve the right to cease to act in any case where our payment terms are not met.
We reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on any overdue invoices which have not been paid in accordance with our terms – at the rate of 4% above base rate of the Bank of England.
- VAT
All fees and disbursements are exclusive of VAT unless otherwise stated, which will be added to invoices at the current rate.
- Disbursements
All fee proposals are exclusive of disbursements, unless explicitly stated otherwise, and normal disbursement charges will be added for the following:
– Printing & photocopying (including binding and laminating)
– Travel
– Reasonable subsistence costs
– Couriers
– Postage
– CDs
– Purchase of OS maps, historical maps, aerial photographs, mapping data
- Computer Generated Photorealistic Images (CGI)
A schedule of current disbursement charges can be found attached to these terms and conditions. These rates are subject to change in response to annual reviews, reflecting inflation and increase in supplier costs.
Cornwall Planning makes no allowance for costs towards application or pre-application fees to statutory bodies including Local Authority Building Control, Local Planning authorities and Robust Standard Details. Rather, clients are expected to cover these fees in addition to any initial agreement.
- Hourly Rates
Work charged by time, or any additional work over and above the scope of our fee agreement, will be charged at our standard hourly rates. The current rates for each member of staff are appended to these terms and conditions. For projects that run over several years, please note that these rates are subject to change in response to annual reviews, reflecting inflation and other cost increases.
- Intellectual Property
Cornwall Planning will retain the copyright of any original work produced within the duration of any collaboration and no part of any design may be registered by the client without our written consent.
Cornwall Planning will grant the client a non-assignable licence to copy and use the drawings, documents and all other such work created for their particular project, subject to payment in full of our fees.
In the case that the copyright license needs to be assigned to a third party, Cornwall Planning reserves the right to charge an assignment fee.
- Collateral Warranties
We reserve the right not to enter into any collateral warranties or similar forms of agreements which we deem to be unreasonable in its terms.
Where we may be requested to enter into a collateral warranty agreement, we will usually require the client to meet our reasonable legal costs when obtaining advice on the agreement. In these cases we would expect to be able to negotiate a form of warranty which is acceptable to all parties – we reserve the right to review our fee proposal to reflect the cost of any increased perceived risks placed on Cornwall Planning by the contract.
- Jurisdiction
The terms and conditions (and any contract made under them) shall be governed by and construed in accordance with the laws of England and Wales and each party irrevocably agrees to submit to the exclusive jurisdiction of the English Courts.
- Complaints Handling Procedure
We are committed to providing a professional service to all our clients and customers. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.
If you have a complaint, please put it in writing, including as much detail as possible, FAO Adam Toy, Office Manager (adam@cornwallplanningroup.co.uk). We will then respond in line with the timeframes set out below (if you feel we have not sought to address your complaints within eight weeks, you may be able to refer your complaint to the relevant redress scheme as detailed below to consider without our final viewpoint on the matter).
What will happen next?
•. We will send you a letter acknowledging receipt of your complaint within three working days of receiving it, enclosing a copy of this procedure.
•. We will then investigate your complaint. This will normally be dealt with by the Office Manager, who will review your file and speak to the member of staff who dealt with you. A formal written outcome of our investigation will be sent to you within 15 working days of sending the acknowledgement letter.
•. If, at this stage, you are still not satisfied, you should contact us again and we will arrange for a separate review to take place by the Managing Director.
•. We will write to you within 15 working days of receiving your request for a review, confirming our final viewpoint on the matter.
•. If you are still not satisfied after the last stage of the in-house complaint procedure (or more than 8 weeks has elapsed since the complaint was first made) you can request an independent review from one of the following parties depending on your identified status without charge.
Consumer Clients:
The Property Ombudsman
Milford House 43-55 Milford Street
Salisbury Wiltshire
SP1 2BP
01722 333 306
admin@tpos.co.uk www.tpos.co.uk
Business to Business Clients:
The Centre for Effective Dispute Resolution
100 St. Paul’s Churchyard
London
EC4M 8BU
020 7536 6000
info@cedr.com
www.cedr.com
Please note the following:
You will need to submit your complaint to the relevant redress scheme within 12 months of receiving our final viewpoint letter, including any evidence to support your case.
It is a requirement that all complaints are addressed through this in-house complaint’s procedure, before being submitted for an independent review.