Meridian Surveys Limited

Terms & Conditions

 

These terms and conditions (“Conditions”) may only be varied with the written agreement of Meridian Surveys Limited (“MSL”) and shall apply to all contracts for the supply of services by MSL to a customer employing such services from time to time to the exclusion of all other terms and conditions including any terms and conditions which a customer may purport to apply under any document whatsoever.

 

These Conditions apply to every order or instruction received from a customer (or someone MSL may reasonably believe has authority to bind the customer) whether such order is express or implied, written or oral and the contract between MSL and the customer will be deemed to commence at such time as an order or instruction is received.

 

The price shall be the amount quoted to the customer by MSL to provide services as specified. Quotations are valid for 30 days.

 

Payment shall be made within 10 days of receipt of a valid VAT invoice. Payment shall be made in £ sterling and cheques, drafts or other payment instructions should be drawn on a bank trading in the UK. All sums due from the customer to MSL which are not paid on the due date (without prejudice to the rights of MSL under these Conditions) shall bear compounded interest at the rate of 4% over the daily base rate of Barclays Bank plc.

 

The customer agrees to pay any additional costs or expenses incurred by MSL due to difficulty by MSL or its agents or employees in gaining access to the customer’s site or in carrying out services. This difficulty may be caused by a failure on the customer’s part (in the reasonable opinion of MSL) to provide satisfactory information or assistance (which would be required by MSL to carry out services adequately).

 

Except in the case of personal injury (including death) caused by the negligent or wilful act or omission of MSL, MSL excludes liability to the customer howsoever arising from the performance or purported performance of the services or any term under these Conditions. In the event of any breach or breaches by MSL, MSL shall not be liable to the customer in respect of loss of profit, business, revenue, goodwill, anticipated savings, indirect or consequential loss or damage.

 

All intellectual property created or developed by the customer shall, for the avoidance of doubt, remain vested in the customer. All intellectual property created or developed by MSL or any employee, agent or sub-contractor of MSL in the course of supplying the services shall remain vested in MSL until all fees due to MSL have been paid. All other intellectual property owned or developed by MSL non-exclusively for the customer and used in the course of supplying the services shall belong to MSL at all times.

 

MSL can cancel or terminate this contract at any time, for any reason by giving written (including email, fax, SMS) or oral notice (including answer phone, voicemail messages), which shall be effective immediately. The customer may cancel or terminate the contract with the written consent of MSL but will at all times remain liable for 40% of the price quoted. If the customer cancels the contract within 24hours of the due start time it will be liable for 60% of the price quoted.

 

The customer may not assign the benefit or burden of these Conditions or any part of them. MSL may transfer, assign or subcontract all or any rights and obligations under these Conditions. MSL shall be free to subcontract or otherwise deal with the whole or any part of the service provided.

 

Insurance: MSL shall hold or effect policies in respect of public liability insurance in a sum not less than two million pounds, and in respect of employers liability insurance for a sum not less than ten million pounds and in respect of professional indemnity insurance in a sum not less than one million pounds.

 

No liability for accuracy shall extend beyond the specified scale of graphical mapping, digitalized data or other accuracy specified and agreed between the customer and MSL.

 

MSL shall not be liable, and reserves the right to defer the date of delivery or to cancel the Contract or reduce the services, if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, inability to gain access to a site or the site is deemed unsafe to access.

 

MSL will not be held responsible for failure or delay in carrying out the services due in whole or in part to any circumstances whatsoever beyond its reasonable control. No delay by MSL in enforcing any right in respect of any breach of these Conditions by the customer shall constitute a waiver of such right.

 

If any term of these Conditions is unenforceable, such unenforceability shall not affect the enforceability of the remainder of the terms in these Conditions. These Conditions constitute the entire agreement between both parties. The customer acknowledges that it has not relied on any oral or written representations or statements not contained in these Conditions. These Conditions are subject to English law and to the exclusive jurisdiction of the courts of England and Wales.