KSQ Technology Ltd Standard Terms and Conditions in association with production of Bills of Quantities.
1. The following conditions apply to all orders and all contracts with KSQ Technology Ltd (Company Registration No. 08048893 hereinafter referred to as "KSQ") and override any other terms or conditions stipulated or requested by the person, company or firm to whom the quotation is addressed who is hereinafter called "the Client" including any conditions stipulated on any purchases orders or other documents from the client.
2 . Any instruction to proceed with any services whether in writing or verbally will be construed as acceptance of these terms and conditions in their entirety.
3. KSQ will endeavour to produce a bill in a format that follows the CSA supplied by the client, where this is not possible we will endeavour to produce bills in SMM7 / NRM format as applicable.
4. KSQ cannot guarantee total accuracy in the measurement and description of bill items, we will however use reasonable endeavours to ensure that the production of the bill of quantities is done to a standard that is reasonably acceptable for the industry, considering the client timescales and accuracy and availability of drawing and other information supplied by the client at the time the service is carried out.
5. KSQ will use reasonable endeavours to comply with the timescales stipulated in the offer letter subject to the accuracy of the information made available to us and the timing of such information becoming available to KSQ.
6. During the compilation of the bill of quantities it may be necessary for KSQ to assume items / descriptions for inclusion into the completed bill. This is done purely as a means to enable the client to progress the compilation of their tender price, KSQ does not warrant that these items are correct in quantity / value or fit for use in the completed building nor have any responsibility for the completed building design or any inclusion / omission of any items contained within it.
7. Once the completed bill or (section thereof) is submitted to the client, KSQ expect that it will be checked promptly and any issues raised within a reasonable time referred to as the ‘Check Period’ (as defined within in clause 9) to enable any amendments to be made.
8 . KSQ may solely at our discretion make available such electronic files as we deem necessary to enable the client to check the measures provided during the Check Period as defined in Clause 9 , failure by the client to request these files promptly or download the relevant software to view them before the expiry of the Check Period is no fault of KSQ, there will be no obligation on KSQ to provide any electronic files after the expiry of the Check Period.
9. ‘Check Period’ is defined as 21 Days from submission date of the completed bill or the date of submission of any individual section that has been handed in separately or the payment date of the invoice for the works, whichever is shorter. Payment of a submitted invoice by the client will be seen as acceptance of the service and confirmation that the Check Period is complete.
10. KSQ will have no obligation to the client to make any changes other than those identified within the Check Period, changes or amendments that are identified outside of the check period may require additional charges to be paid by the client.
11. The service offered is purely a support service to assist the clients estimating department in the production of a project estimate, KSQ will only answer queries or challenges on the content of the service when raised by the estimating department for whom the work was carried out.
12. Where KSQ have provided indicative rates along with quantities, these rates are generic in nature and are given purely to assist that client in the tender progression process, KSQ does not guarantee that any rates given are accurate or reflective of current market rates. Any decision to include rates given by KSQ into any final tender price is done so purely at clients own risk and KSQ will have no responsibility for any losses that arise from the tendered price being innacurate when compared to anticipated / final outturn costs
13. KSQ has no knowledge of the other factors influencing the calculation of the estimate price at the time the services are offered, therefore KSQ has no responsibility for the final tendered price on the project, regardless of any quantity errors or omissions that are subsequently discovered after the services have been completed and the expiry of the Check Period.
14. All works will be invoiced on completion of the service (unless otherwise agreed), the invoice payment terms will not exceed 30 days from the submission of a valid invoice from KSQ.