Terms & Conditions

Please find below our Terms and Conditions. They apply when using our services and provide important information for you the client.

The ‘Company’ means Advanced Site Engineering Surveys Ltd;
The ‘Client’ means the person, firm or organisation who employs the Company, iincluding those acting as an agent for a third party.

Please read them carefully as they contain important information.

1. Definitions

  1. the ‘Acceptance Form’ means the document that outlines the Services and forms part of the Contract which is signed by the Client;
  2. the ‘Company’ means Advanced Site Engineering Surveys Ltd;
  3. the ‘Contract’ means the terms and conditions set out in this document together with the Acceptance Form;
  4. the ‘Client’ means the person, firm or organisation who employs the Company, including those acting as an agent for a third party;
  5. the ‘Services’ means any 3D laser scanning, air, land, topographic, hydrographic, building, underground survey, Setting Out or any other service(s) provided by the Company to the Client;
  6. the ‘Data’ means any drawings, discs, reports, or any other media in any format to be supplied as part of the Service(s);
  7. the ‘Price’ means the agreed fee(s) for any Service(s).
  8. the ‘Writing’ means facsimile, letter, electronic communications (such as email) and any comparable means of communication.

2. Acceptance of Contract

  1. This Contract will be in full force and effect upon the acceptance by the Client of:
    1. the arrival of the Company’s representatives or employees on site to commence the Services;
    2. the receipt and acceptance of a quotation and/or tender (verbal or written) and/or the Acceptance Form for the Services supplied by the Company to the Client;
    3. the receipt of any Data to the Client supplied by Company.
  2. The Client shall not cancel the contract without compensating the Company for work completed to time of cancellation plus 20% of the Price remaining.
  3. Where the Client has its own Terms and Conditions the Client must make the Company aware of the said Terms and Conditions, in Writing, at the tender or quotation stage or this Contract shall prevail and take precedence.
  4. The Client shall make known all relevant facts to the Company to enable them to execute the Services.
  5. The Client shall arrange full access where appropriate or reimburse for costs incurred by the Company due to being unable to gain access.

3. Assignment and Sub-contracting

  1. The Company reserves the right to sub-contract any part or all of the Services whilst maintaining responsibility for the Services as if they had not been sub-contracted or assigned.

4. Payment

  1. The Price quoted excludes delivery and VAT.
  2. All invoices must be paid 30 days from invoice date to Advanced Site Engineering Services Ltd, HSBC account 51838520 sort code 40-26-12.
  3. The Services may be charged on an interim basis based on the nature of the project and work to date.
  4. The Company will charge interest after the 30 day period on overdue accounts until settled. We may also claim compensation. The Company may invoice all costs generated by Courts, Solicitors and/or Debt Collection Agencies in the recovery of such overdue accounts.
  5. Payment will not be effected until clearance of cheque/BACS or CHAPS or any other form of payment.
  6. Where payment is referred to a third party this shall not relieve the Client from responsibility under this Contract without prejudice to the Company’s rights against that third party to recover its debt.

5. Delivery

  1. Delivery shall be deemed as effective to the Client when the Data is delivered to the Client in the agreed media format or by instruction of the Client to a third party.
  2. The Company shall not be liable for any consequential loss, loss of profits or any loss of business due to non or late delivery of its Services.
  3. The Company shall be informed within and no later than, 60 calendar days of delivery of the Services, in Writing, of any items requiring rectification at the Company’s expense or if such items can be shown that no error be attached to the Company then any costs so generated to be reimbursed by the Client.

6. Force Majeure

  1. Where delivery is refused or where the Company is unable to deliver due to circumstances beyond its control then the Company is entitled to treat the Contract as being fulfilled or partially fulfilled and invoice the Client accordingly under this Contract – a non exhaustive list of such circumstances would include lack of information or instructions from the Client, Act of God, war or other hostilities, civil commotion, interruption of transport, strike lockout or other form of industrial action, accidents or stoppages to works, shortage of labour, materials equipment fuel or power, breakdown of machinery, weather conditions, flying or shipping restrictions, international or National Government action or legislation.

7. Liability

  1. The Company shall indemnify the Client for an amount limited to the Price agreed for the Services and shall not exceed that amount outlined on the Acceptance Form under the Contract.
  2. The Company shall hold or effect policies of insurance to cover Public Liability, for not less than £2,000,000 (two million pounds sterling).
  3. All Data ‘in transit’ is to be insured by the Company for all risks until delivered to the Client in accordance with Clause 5 of this Contract.

8. Intellectual Property

  1. All Intellectual Property concerning the Data remains vested in the Company who will grant an irrecoverable licence for use by the Client once payment has been received and cleared in full.
  2. No third party may use the Data even if payment has been made to the Client but not received by the Company.
  3. The Company may provide Data prior to the issue of an invoice under a temporary licence arrangement extending no more than 30 days from date of subsequent invoice. A breach of Copyright will occur should payment not be made within this due period. Also the Client may only hold the Data in a fiduciary capacity which enables the Data to be identified as belonging to the Company until payment has been made under Clause 5.
  4. The Client’s right to possession of the Data shall cease if it does, or fails to do anything, which would entitle an administrative receiver to take possession and the Client shall grant an irrecoverable licence to the Company to repossess its Data in this event.
  5. The trademarks, trade names, know how, design rights, goodwill, patents, copyright and all other proprietary rights arising out of the provision of the Services are the property of the Company and the Client shall not cause or permit anything that might damage or endanger them or alter, deface, remove any markings or any indications as to the source of the Data in any of the media formats supplied.

9. Supply of Data

  1. Unless otherwise specified and agreed in Writing between the Client and Company the Data supplied as part of the Services allows for the supply of one set of ‘hard copy’ drawings of the data and one set of digital drawings id the data. The supply of additional plots and/or digital files required by either the Client and/or a third party can be supplied at a minimum cost of £75.00 (+ VAT) this is a guideline price only and cost must be confirmed prior to processing request.

10. Other Fees

  1. Additional fees may be levied from time to time by the Company to the Client for the hire of specialist equipment, services or for any other costs incurred outside of the quotation. All such costs will be agreed with the Client by the Company prior to arranging for any specialist provisions.

11. Confidentiality

  1. The Client and Company will respect mutual confidentiality in all aspects of the Contract.

12. Warranties

  1. No liability for accuracy shall extend beyond the specific scale of graphical mapping, digitised data or any other accuracy specified for the Services.

13. Jurisdiction

  1. The Contract shall be construed and performed in accordance with the Laws and Courts of England.