About Us
LP Ecological Services Ltd is a private limited company registered in England. Registered number 15638820.
Terms of Appointment
1. These Terms of Appointment and offer of services, and the Client’s acceptance thereof, shall constitute the contract between the Client and LP Ecological Services Ltd (“the Agreement”).
2. This Agreement shall apply in preference to and supersede any previous terms and conditions referred to, offered or relied upon by the Client, whether in writing or otherwise.
3. This Agreement shall be governed by and construed and interpreted in accordance with English law, and the parties submit to the nonexclusive jurisdiction of the English Courts.
Definitions
4. The following definitions shall apply to this Agreement:
Professional Standards and Conduct
5. The Consultant shall operate in accordance with the Chartered Institute of Ecology and Environmental Management (CIEEM) Code of Professional Conduct.
6. To comply with legislation and planning policy, survey reports and other documents may contain recommendations which will follow industry best practice. These will be based on the professional interpretation of survey results and assessment of possible impacts on ecological features as a result of a development. No responsibility will be accepted by the Consultant for any repercussions arising from the Client not adhering to these recommendations.
Wildlife Crime
7. If the Consultant believes a wildlife crime has or could be committed, this will be brought to the Client’s attention immediately. There are certain circumstances where the Consultant will be required to notify the relevant authorities. The Consultant reserves the right to communicate with the relevant authorities directly at any stage should it be felt that this is necessary in order to report or prevent a crime.
Quotes
8. Quotes provided by the Consultant are valid for 30 days unless otherwise specified in writing.
9. Quotes may include third party Fees including, but not limited to, the purchase of biological records data or survey equipment. These Fees may be indicative and the final Fees will be confirmed in writing prior to purchase.
10. If Additional Services are required beyond what is included within the scope of the quote, these may incur additional Fees. This may include, but not be limited to, additional survey work or reporting, document review and amendments and attendance at project meetings.
Instruction
11. The Client must return a completed and signed copy of the Project Instruction Sheet provided with the quote in order to instruct the Services. Services will not be booked in or undertaken until the Project Instruction Sheet is provided with the necessary information to conduct the surveys and/or reports.
12. Where a representative is operating on behalf of the Client, written authorisation will be required directly from the Client in order to instruct.
Payment
13. To ensure risk of non-payment is minimised, new Clients may be required to provide part or full payment in advance of Services (e.g. before undertaking a site visit or releasing a report) being undertaken. Any requirement for part or full payment will be fully discussed and agreed prior to commencement of the job.
14. The final date for payment shall be 30 calendar days after the date on an issued invoice thereafter, unless otherwise agreed between by the Consultant in writing.
15. Full payment of the Fee will be required prior to the release of reports or submission of licence applications unless otherwise agreed by the Consultant in writing. The Consultant may also withhold undertaking further work until payment of overdue invoices is received.
16. The Consultant may at its discretion charge interest and collection costs on all amounts remaining unpaid thereafter in accordance with the Late Payments of Commercial Debts (interests) Act 1998.
17. The Consultant is not VAT registered.
Delays and Cancellations
18. Subject always to conditions beyond its reasonable control the Consultant shall use reasonable endeavours to perform Services in accordance with the programme agreed with the Client and any subsequent programmes agreed between the two parties.
19. For the avoidance of doubt, it is understood by all parties that ecological work is subject to vagaries of weather, seasonality, migration and dispersion of species and other factors. Completion is therefore subject to such environmental variables.
20. If agreed work dates have to be altered as a result of delays caused by environmental variables or any other circumstances outside the Consultant’s control (including, but not limited to, restrictions to access, safety concerns or by the Client not providing necessary and relevant data and information), the next available date will be programmed, taking into account pre-existing bookings. The Consultant makes no guarantee that revised work dates can be arranged to meet the original deadlines.
21. Any delays or cancellations of Services resulting from circumstances outside the Consultant’s control will be subject to an appropriate charge. For Services which are curtailed by the Client with less than 48 hours’ notice will be charged an abortive cost of 50% of the quoted fee. For Services which are curtailed by the Client with less than 24 hours’ notice will be charged an abortive cost of 100% of the quoted fee.
Dealings with and Appointment of Sub-consultants
22. The Consultant may sub-contract the performance of any of the Services to a sub-consultant. When requested, the Consultant will seek prior written approval of the Client before sub-contracting.
23. The Consultant shall not be responsible for the actions and/or omissions of another sub-consultant but the liability for sub-consultants’ rests with the Consultant.
Obligations of the Consultant
24. The Consultant shall exercise reasonable skill, care and diligence in the performance of the Services and the Additional Services if any. If in the performance of its services the Consultant has a discretion exercisable as between the Client and any contractor, the Consultant shall exercise that discretion fairly.
25. The obligations of the Consultant do not include a duty to advise as to the risk of actual or possible presence of pollution or contamination or deleterious materials or asbestos or as to the risks of such matters having occurred, being present or occurring in the future except where the provision of such advice is specifically detailed with the Services.
Obligations of the Client
26. The Client shall use reasonable endeavours to provide to the Consultant without charge and in such time so as not to delay or disrupt the performance of the services by the Consultant all necessary and relevant data and information in the possession of the Client, their agents, servants, other consultants or contractors and give such assistance and make such decisions as shall reasonably be required by the Consultant in the performance of the Services.
27. It is the responsibility of the Client to declare in advance any known access issues or dangers pertaining to the site or its environs such as but not limited to shooting, subsidence, mine shafts and unsafe structures, livestock, polluted waters, chemical toxicity and dangerous substances. The Consultant will perform its duties subject to its obligations under the Health and Safety at Work etc. Act 1974. If the Consultant is of the opinion that the site is dangerous then it may decline to continue or may renegotiate additional terms/safeguards as a condition of continuing.
Limitation of Liability
28. Unless otherwise agreed between the parties the total liability in the aggregate of the Consultant under or in connection with the agreed Services whether in contract or in tort, in negligence, for breach of statutory duty or otherwise (other than in respect of personal injury or death) shall not exceed the sum of £1,000,000 (one million).
29. Additional levels of indemnity may be provided for specific contracts.
30. Such liability of the Consultant for any claim or claims shall be further limited to such sum as the Consultant ought reasonably to pay having regard to its responsibility for the loss or damage suffered as a result of the occurrence or series of occurrences in question, on the basis that all other consultants and all contractors and sub-contractors shall be deemed to have provided contractual undertakings in respect of the carrying out of their obligations and shall be deemed to have paid to the Client such proportion which it would be just and equitable for them to pay having regard to the extent of their responsibility.
Insurance
31. The Consultant shall maintain professional indemnity insurance sufficient to cover the Consultant liabilities hereafter for any one occurrence or series of occurrences arising out of the agreed Services and for the period of six years after completion of the services, provided always that such insurance is available at commercially reasonable rates.
Contracts (Rights of Third Parties) Act 1999
32. Nothing in this Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of this Agreement pursuant to the Contracts (Rights of Third Parties) Acts 1999. The Client shall indemnify the Consultant where it passes the Consultant’s results, reports, designs, specifications or any other document to a third party and the third party takes action against the Consultant.
33. Neither party may assign the benefit or burden of the services to a third party without the express written consent of the other.
Copyright, Licence, Publicity and Confidentiality
34. The copyright in all drawings, reports, specifications, bills of quantities, calculations and other documents provided by the Consultant in connection with the Works shall remain vested in the Consultant, but the Client shall have a licence to use all completed drawings and other documents issued to the Client, other consultants or contractors for the purpose of the construction, completion, maintenance and repair of the Works. In the event of the Client being in default of the payment of any Fees or other amounts due to the Consultant, the Consultant may revoke that licence herein granted on seven days’ written notice to the Client. The Consultant shall not be liable for the use by any person of any such drawings or documents for any purpose other than that for which the same were prepared on behalf of the Consultant.
35. The Consultant shall not without the written consent of the Client, not to be unreasonably withheld, publish alone or in conjunction with any other person any articles, photographs or other illustrations relating to the Works.
36. The Consultant will respect the commercial confidentiality of Clients’ affairs and will not release details of any studies or reports which are not in the public domain to third parties without Clients’ permission other than as a list of client names and of project titles used in presenting the Consultant’s experience.
Data Protection
37. Information and data provided by the client will be processed and stored securely to comply with the General Data Protection Regulations (GDPR).
Adjudication
38. Where this agreement is a construction contract within the meaning of the Housing Grants, Construction and Regeneration Act 1996, either party may refer any dispute to adjudication in accordance with the statutory scheme.
39. Where the agreement is not a construction contract, in the event of a disagreement between the parties which cannot be resolved between them the parties shall have recourse to the Chartered Institute of Ecology and Environmental Management. Arbitration will be governed by the Arbitration Act 1996 and the award shall be final. Nothing in this clause shall however prevent either party seeking injunctive relief.
Termination
40. Either party may terminate the instruction by:
41. On termination of the Services the Consultant will provide any outstanding information relating to the Services as set out in the agreement on demand of the Client subject to payment of all outstanding Fees due.
Equality and Diversity
42. The Consultant is committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. The Consultant will not discriminate in the way it provides its services on the grounds of sex (including gender reassignment), marital status, sexual orientation, disability, race, colour, religion, age, nationality or ethnic or national origins.
Contact Details
Name and Position - Lizi Pimlott, Director
Email - lizi@lpecologicalservices.co.uk
Phone - 07470455880
Last Updated
21 May 2024
Copyright © 2024 LP Ecological Services Ltd - All Rights Reserved.
LP Ecological Services Ltd is a private limited company registered in England. Registered number 15638820.