STANDARD TERMS AND CONDITIONS

1.   Antony Aspbury Associates Limited (AAA/The Practice) will only undertake recognised town planning commissions commensurate with the professional qualifications, skills and experience of the Directors and staff.  (Where necessary, the practice may recommend the services of other, appropriately-qualified, professionals, but except where this work is of a minor and ancillary nature, only on the strict understanding that these professionals are separately instructed by, and separately liable to, the client for particular professional services provided.  [In particular, the Practice does not customarily instruct members of the bar by the direct access route on behalf of clients]).

2.   Commissions are only undertaken following the agreement of clear instructions therefore and after written confirmation thereof by the Client.  (AAA customarily provide a standard Confirmation of Commission form attached to a written commission description and fee proposal).

3.    AAA does not carry out major commission on a wholly speculative fee basis.  Terms and conditions agreed for particular commissions may, however, reflect the uncertainty that attaches to certain development proposals, especially in their early stages.

4.   The Practice does not meet statutory planning application and other fees.  These must be paid directly by the client to the requisite authority at the specified time.  The Practice will accept no responsibility for commissions delayed as a result of late payment/dishonoured cheques etc. relating to statutory fees.

5.   Professional fees are comprised of time charges (based on an hourly or daily charge-out rate) plus commission-related, out-of-pocket expenses (re-charged on an at cost basis [save in respect of: i) motor car travel, which is based on a fixed rate per kilometre travelled; and ii) commission-dedicated surveys etc., which are individually costed]).

        Our current professional rates are:

Current charges for car travel, per mile:  60 pence     

Chargeable time includes time taken in travel to and from the site/meeting/inquiry etc., but typically to-and-from the nearest available office and/or from the practitioner's home.  Similarly, mileage is calculated on the most direct route to-and-from the nearest available office or from the practitioner's home.

Re-charged out-of-pocket expenses exclude the normal day-to-day general office administrative/operational costs of the Practice, including non-professional staff costs and the purchase of documents and other information, which might be reasonably be expected to be normally held by the Practice for the proper and effective discharge of its professional work and/or may have a utility and value to the Practice outside the ambit of the particular commission in question.

Daytime subsistence is not (save in exceptional circumstances) customarily re-charged to clients.  The costs of meals and overnight accommodation are only charged where the need to incur such costs arises directly from the nature of the commission, including the convenience of the client/other professionals, and/or where greater professional time charge costs might otherwise be incurred.

Cost of travel by public transport is normally based on the prevailing standard/business class rate, by the most direct available route at a reasonable time of travel.

Notwithstanding the foregoing, when requested, the Practice is always happy to propose overall budget fee packages/estimates for commissions, and/or to agree overall or stage ceilings for fees.

6.   Value Added Tax at the prevailing standard rate is charged on all fee accounts, and/or fee/rate quotations etc. (including those set out above) are net of VAT.

7.   Except where otherwise agreed with clients, fee accounts are retrospective, relating to time charges and expenses already incurred over the period preceding the raising of the account.  For this reason, the Practice does not extend any period of trade credit to clients and all invoices raised are therefore due for payment immediately.  The Practice may request pre-payment of part, or all, of its fee prior to the commencement of work on or at any time during a commission and reserves the right to suspend work on any commission and/or withhold documentation where accounts are not settled within a reasonable period without prior agreement or until such time as the client complies with a retainer request.  Where circumstances indicate that it is appropriate the Practice may negotiation a payment on account at the beginning of a commission.  AAA may elect to undertake a credit reference check to access information held by credit referencing agencies in respect of client credit history.  In addition, bank and other financial references may also be sought from clients in some circumstances.

8.   AAA customarily seeks to agree with clients at the time of confirmation of instructions to issue interim fee accounts at intervals corresponding to the main stages of the commission in question.

9.   The Practice carries appropriate professional indemnity insurance and, where required, it will provide a statement from its brokers regarding the scope of this cover.

10.  AAA operates on an equal opportunities basis and thus does not practice any discrimination against clients, employees, suppliers etc. by reason of colour, race, creed, sex or sexual preference.