Terms & Conditions

 

Applicable to all contracts undertaken by HalpinRobbins Limited

Registered Address: 42 Rectory Road, Norton Fitzwarren, Taunton, Somerset, TA2 6SD
Registered in England: 08805585
Telephone: 01823 299066
Email: 

 

1. DEFINITIONS

1. "HRL" is HalpinRobbins Limited as registered (Company No. 08805585) 
2. “Client” is the Company, firm, person, Corporation or public authority taking/requesting the services of HRL. 
3. "Working Day" comprises 8 hours, unless otherwise specified in the contract 
4. "Working week" is the period from 0800hrs on Monday to 1700hrs on Friday. 
5. "Works" any task, project or service undertaken or provided by HRL 

 

2. ACCEPTANCE 

1. The commissioning of HRL to carry out work by acceptance by the client of any tender or quotation supplied or acceptance by HRL of any purchase order supplied by the client includes acceptance of these standard terms and conditions of trading. 
2. No work will be booked into the HRL work schedule nor undertaken until the quoted costs and all terms and conditions have been accepted in writing. 

 

3. SITE SAFETY 

1. Surveys will be undertaken on the basis that the site is in a safe condition. If at any time HRL personnel or sub-contractors feel it is unsafe to proceed, work will be terminated until the site can be made safe. 

 

4. RISK ASSESSMENT

1. All work will be subject to risk assessment. 

 

5. SITE WELFARE 

1. Where a continued presence on site is required (e.g. supervision of roof removal, installation of fencing etc.), adequate toilet and hand-washing facilities must be provided or made available. 

 

6. ACCESS PERMISSION

1. The Client shall be responsible for obtaining all necessary licences, permissions and consents to enable access to site(s) by HRL personnel which will be free and unhindered at all times. Should the necessary consents not be obtained, and in consequence HRL is unable to obtain access, including during the hours of darkness for work involving nocturnal species, this fact will be noted and reported back to the Client, who will be responsible for any costs involved.
2. Requirements to notify Clients’ site staff or their agents in advance of site visits can only be honoured if written instructions are received by HRL at the times of commissioning the work.
3. The Client is responsible for arranging access to sites outside of their ownership if this is a prerequisite of any work commissioned of HRL. 
4. Clients must ensure that a base map showing complete and accurate site boundaries and means of access is provided at time of commissioning. HRL will make a supplementary charge for any additional base maps which have to be obtained. 

 

7. PERSONNEL 

1. HRL reserves the right to allocate all personnel to contracts. 
2. Names of staff, qualifications and relevant experience can be provided on request. 
3. Personnel may be changed at any time if circumstances require. This includes work undertaken by sub-contracted personnel where additional specialist expertise is needed for the satisfactory completion of a contract. 

 

8. CODE OF PRACTICE 

1. HRL undertakes all surveys on the understanding that nothing in the final report will be omitted or misrepresented. 
2. HRL operates in accordance with the Code of Conduct as set out by the Chartered Institute of Ecology and Environmental Management. 

 

9. COSTS

1. HRL is not VAT registered all quoted costs will not be subject to additional VAT charges.
2. Costs are valid for 30 days from the date of the quotation. 
3. Any additional meetings or other work that may be required will be charged at the HRL’s standard hourly rate per half-hour or part thereof. 
4. Any works undertaken outside of the normal working day will be charged at one and half times the standard hourly rate, unless otherwise stated.
5. Any works undertaken outside of the normal working week will be charged at twice the standard hourly rate, unless otherwise stated. 
6. Unless otherwise stated, travel to and from site is included. 
7. Rates are reviewed at the start of the calendar year. Revised rates may therefore apply to work that has been quoted for in one calendar year but is not undertaken until the following calendar year, unless agreed otherwise. 
8. Costs are based on the understanding that appropriate base maps, both in hard copy and suitable electronic format, will be supplied free of charge, together with any copyright permissions needed for their use. If the necessary base maps are not supplied, these will be purchased and the purchase price will be passed onto the client at cost. 
9. HRL standard hourly rates: £60.00 Director, £50.00 Senior Consultant, £40.00 Ecologist, £35.00 Assistant Ecologist, £25.00 Graduate Ecologist. 
10. Travelling expenses, subsistence and all other contingencies are not included within the hourly rate. Subsistence is area dependant but typically charged between £50.00 to £150.00 per night and mileage is charged at £ 0.50 per mile. 

10. "ALL-IN" COSTINGS

1. Where "All-In" rates are to be charged by agreement, this will be stated in the initial quotation of works supplied by HRL to the Client. 
2. "All-In" rates will be charged at the price stated, provided there has been no variation of the works requested. Any variation will be charged at the discretion of HRL and will be charged in accordance with Standard Terms and Conditions Clause 9. 

11. PAYMENT TERMS

1. Works requiring less than 30 days (nett) for completion will be invoiced on completion of works contracted. 
2. Works requiring greater than 30 days (nett) for completion will be invoiced monthly in arrears on a work done basis. 
3. Final reports will not be provided and licence applications will not be submitted until full and final payment has been received. 
4. HRL will claim interest and compensation for debt recovery costs under the late payment legislation if not paid according to agreed terms at 8.5% per annum of any outstanding debt.

 

12. CONTRACT VARIATION

1. Should it become apparent that during the course of a contract that amendments to instructions are required, HRL shall undertake to inform Clients in order to agree changes before proceeding.
2. Unless otherwise agreed in advance, charges for any additional work shall be based on the rates given in the original contract quotation and in accordance with clause 9 (i) to (x). 
3. Reduction of fees, resulting from a reduction in the contracted work shall be at the discretion of HRL depending upon the commitments of staffing, equipment and other resources already made. 

 

13. CANCELLATION 

1. HRL reserves the right to cancel the contract upon notice in writing to the Client before commencement or otherwise due to prejudicial conditions or force majeure. Under such circumstances HRL shall be entitled to be paid all outstanding fees. 
2. Any cancellation by the Client during the course of executing the contract or the prevention of access to the site due to any act or omission on the part of the client shall result in the full contract price becoming due immediately. 

 

14. LIABILITY

1. HRL does not accept liability for any loss or damage incurred by the Client as a result of disclosure of information regarding a site, or project, unless advised in writing that information is reported as confidential. 
2. HRL shall not be held responsible for omissions, mistakes or errors in work or for any other eventuality arising out of unreasonable or unforeseen circumstances.

 

15. REPORTING

1. HRL will provide an electronic copy of the final report, unless stated in the clients' brief. Reports of this format will be freely available. 
2. Hardcopies will be charged at £20.00 per copy, subject to complexity and time involved in publishing. 

 

16. LICENCE APPLICATIONS

1. Not all licence applications are successful. HRL make no guarantee that an application will be successful and deem a satisfactory completion of work to mean the submission of the licence to the correct authority (e.g. Natural England). 

 

17. COPYRIGHT AND TITLE

1. The title of all material produced or developed by HRL or its personnel remain the sole property of HRL. Copyright to all HRL’s written or recorded work howsoever held on whatever medium is vested in HRL, notwithstanding payment in full of all sums due to HRL and or its contractors in respect of it.
2. HRL retains the right to use commissioned work within its portfolio and display this to potential clients. Unless the client specifies to the contrary, records of the presence of species noted on site will be passed to the county records centre. 

 

18. CONFIDENTIALITY

1. Details of individual clients will be kept strictly confidential, if requested in writing. 
2. HRL may use client names and locations within HRLs promotional material. Any further details about the client shall only be disclosed by written agreement if confidentiality has been requested. 

 

19. VARIATION - TERMS AND CONDITIONS

1. No variation to these Terms and Conditions of Trading shall be accepted by HRL unless agreed in writing by a Director of the Company prior to the commencement of any works.