Contact
Collective Design I D Limited
1.1 Collective Design I D Limited is a company registered in England under registration number
09104063
and who’s registered office is 465 Lobley Hill Road, Gateshead, Tyne And Wear, NE11 0AJ
1.2 References within this document to Collective Design services as a business include ‘we’, ‘our’ and ‘us’
1.3 Written acceptance of our quotation via post or electronic mail forms contract between you the client and us which accepts in full the terms and conditions hereby listed will be forwarded along with a fee proposal or on request during office hours. Our quotes are valid for 30 days
1.4 The contract is personal to us with all works to be carried out Collective Design unless otherwise stated or agreed prior to instruction of any third-party company.
1.5 Services listed within ‘Schedule of Fees for outside services’ are works that require third party services. Any fees stated are advisory only and will be confirmed if requested at required procurement time to you the client before instruction to the third party company is made.
2.1 Collective Design shall exercise reasonable skill, care and diligence in commencing and completing services that have been accepted in writing by our clients.
2.2 We shall advise on the progress of a project within reasonable time frames and notify of any issue that may significantly affect the delivery, cost or quality of the project when brought to our attention
2.3 We shall collaborate with third party companies as required (and in accordance with 1.5) to obtain information required for the project and pass any documentation obtained onto the client on settlement of the associated fees.
2.4 With regard to projects requiring local authority approval in the form of planning permission we will not make material alterations to the approved design without the consent of the client, except in the case of an emergency.
2.5 We have the right to publish photographs of the project and the Client shall offer reasonable access to the project for this purpose for 2 years after practical completion of the construction works
2.6 We reserve the right to review the quoted costs for services if the client instructs additional works or if the brief described within the initial quotation is deviated from on the basis of reimbursement for additional time expended plus any expenses incurred.
2.7 We reserve the right to charge for further meetings if required during the design process on they're basis of reimbursement for additional time expended plus any expenses incurred please review below (4.2). Guidance on these fees can be found below (5.7)
2.8 Collective Design can not be held accountable for the accuracy of drawings produced from information provided by the Client, including (but not Exclusively)
Conversion of PDF drawings
Production of drawings based on Measured Surveys provided by the Client or 3rd Parties
2.9 For the avoidance of doubt Collective Design will not provide the following services which will be the responsibility of others: (unless agreed otherwise / on a project by project basis)
2.10 If a member of staff is unable to attend a meeting or unable to communicate via phone or email on a project due to other work commitments or unforeseen circumstances then another member of Collective Designs team will be available to attend or ensure that communication is maintained throughout the project
2.11 A designer will not place orders nor procure goods on behalf of a client until the receipt of a deposit. In most cases, vendors require full payments when an order is placed so the client is expected to pay in full for such goods. The designer may also give specification to the client in a case where the client prefers to purchase directly from vendors.
2.12 Once a fixture, furniture or furnishing item(s) have been purchased from vendors, most items bought cannot be returned. Customised and specially produced items cannot be returned. Once the client has agreed to the specification and approved the items resulting in the client making a purchase the designer has no liability on these items installed.
2.13 Revision Limitations - Collective Design ID ltd will work with the client to ensure they are satisfied with all designs and details and specifications. Any alterations or changes in the design will be carried out within the framework of the agreed fee proposal and initial project brief. If the project changes in concept, the bride changes or in size and scale then the designer has the right to charge additional fees and will need to be agreed before work on these changes are made.
2.14 Under the Building safety act 2022 Collective Design will have a duty to not to start design work unless satisfied client is aware of duties. Take all reasonable steps to ensure that if built, the designed work will comply with all relevant requirements. To consider and account for the compliance of other elements of the design.
2.15 Under the Building Safety Act 2022 when Collective Design act as Principal Designer they will overall have responsibility for ensuring compliance with the Building Regulations and building safety during the design phase. Please revert to point 2.9 where the client will need to formally appoint Collective Design as a Principle Designer so that there is no avoidance of doubt. Duties on the Principal Designer will include:
3.1 The client shall advise of the requirements sought as a result of the development and any changes required during the design phase
3.2 The Client will provide, free of charge to us any information in his/her possession or of which is reasonably obtainable any documentation that would benefit the project
3.3 The client will give written approval of drawings and documentation before their submission to local authorities or third party companies and give decisions to assist the performance of services
3.4 The client acknowledges that we will advise to best of our knowledge at the time of delivering services and with the information made available to us as to whether a proposed development requires planning permission based on the General Permitted Development Order 2015 and accepts that Collective Design takes no responsibility for this advice without formal enquiries being made to the local authority.
3.5 It is the clients responsibility to make us aware and ensure themselves that any relevant development approvals are in place inline with their deeds or planning conditions on the existing building or land. Including but not exhaustive of ‘right of ways’ (shared drives), Developer restrictions, S106 conditions,.
3.6 The client acknowledges that although we use our best endeavours to prepare a design solution the in our opinion has a good chance of obtaining approval we will not guarantee local authority approval will be granted nor can we guarantee the time scales of an application.
and
3.7 If subsequent to making a planning application we are instructed by the local authority to make amendments to the design that results in either modified drawings or submission of a new application further design work will be subject to the payment of additional fees that will be calculated based on our hourly rates as specified in 5.7
3.8 The client acknowledges that Collective design does not warrant the competence, performance, work, services, products or solvency of any other persons that may be instructed during the project
3.9 The client will fully pay Collective Design the amount agreed at time of invoice or up to 15 days after for works (agreed phase of the project) is carried out and completed.
3.10 Any deadlines during the design and development of the project must be agreed between Collective Design and the client. The set timescale must be achievable and reasonable. The deadlines must be outlined in the clients brief to collective design or communicated in written format. All dates must be agreed by Collective Design
3.11 The clients responsibilities from a health and safety point of view are outlined below (13.1,13.2) It is important that the client reviews this aspect of the project fully and acts on this recommendation under the CDM 2015 regulations.
3.12 A clear and defined brief will be given by the client to Collective Design setting out the goals and requirements both operationally and in terms of aesthetics. A clear Scope of services must be agreed and will be outlined in the fee proposal.
3.13 Collective Design are not responsible for the formatting of JCT(s). Contracts and agreements between the client and the main contractor(s) are the sole responsibility of the client. Collective design will provide information required to aid in the formatting of the documentation only when requested. Collective Design may also advise on experts who can prepare JCT documentation such as a solicitor who specialises in construction law.
3.14 Under the Building Safety act 2022 the Client(s) have responsibilities. Where the client (developer or building owner) is a duty holder, specific duties include:
3.15 Under the same building safety act 2022 Domestic client (s) – as with CDM Regulations, domestic client’s duties are passed on to another duty holder with duties to, make suitable arrangements for the project to ensure compliance with all relevant requirements, take steps to satisfy themselves that any person permitted to carry out design or building work has relevant competence.
4.1 Site visits will be outlined in the fee proposal document and the number of meeting proposed as part of the agreement stated.
4.2 Any additional site meetings and visits requested outside of the initial approved fee proposal by either the client or by specialists (needing the services of Collective Design ID) will be charged out at the going rate per site visit. The charge will depend on location of the site and will include travel allowance. The cost of additional visits will be outlined in the fee proposal. The charge for these meeting on site will be made payable by the client directly to collective design within 15 days of the meeting after the invoice is raised. Guidance on these fees can be found below (5.7)
5.1 The fees and terms set out within the quotation will be involved due on receipt, Collective Design reserve the right to suspend services if payment is not made promptly within 15 days of invoice.
5.2 Deposits required are detailed on our quotations and you will be invoiced on formal acceptance (see 1.3)
5.3 The balance of fees for each phase will be due at completion of drawings and documentation and prior to submission of application – We
reserve the right to delay the submission of an application until payment has been made
5.4 We will invoice for third-party involvement of the project and reserve the right to include an appropriate administration fee for sourcing the information unless client goes direct with third party
5.5 If further design works have been necessary as set out in 2.6 these will be invoiced prior to submission where possible and at our discretion in all other instances.
5.6 All other disbursements including attendance at additional meetings etc will be invoiced as separate items
5.7 Any additional meetings, design works or consultations are charged at £85-00 per hour (inc VAT) in 1/4 hour increments to include travel time plus mileage expenses where applicable @ HMRC rates
5.8 The quotation is inclusive of VAT where applicable which will be itemised separately and added to each invoice at the current rate in force
5.9 We understand and will exercise our statuary right to claim interest and compensation for debt recovery costs the the UK late pay legislation if we are not paid according to our agreed terms of business. Any legal costs incurred whilst pursuing a debt will also be payable by the debtor
5.10 Printing/Plotting Fees (further to quoted allowance)
A1 – £4
A2 – £3
A3 – £0
A4 – £0
Plus postage where required
5.11 Fixed Fee: Fixed Fee Design Services will be charged in agreement with the submitted proposal based on the agreed scope of work.
5.12 Collective design will be fully reimbursed for “Bric A Brac” and “furniture” purchases during the project. These are items which Collective design have bought (purchased) for the project and installed into the clients venue. 15 days after failure to pay will result in these items being removed by Collective Design
5.13 If the projects time scales change due to unforeseen circumstances and of no fault of Collective Design then “we” have the right to renegotiate terms and fees to cover the additional time required to complete the project.
5.14 The client agrees to reimburse the designer for any out-of-pocket expenses incurred by him or her in relation to the interior design project. This may include things like renderings services, freight and/or postage charges, and delivery and/or storage costs.
6.1 Collective Design shall own the copyright to all drawings and documentation produced in performing the services and we assert our moral right to be identifies as the author of such work.
6.2 On the proviso that all fees are settled the client shall have a license to copy, use and allow other persons providing services to the project to copy and use hard and soft copies (excluding DWG or similar digital files) of all drawings and documentation produced.
6.3 No drawing or document produced by Collective Design maybe submitted to a local authority or any institution with expressed written consent but us.
6.4 All works and designs are the intellectual property of Collective Design if the client breaks his agreement of payment to Collective design then the client will be in direct infringement of Intellectual property laws and Collective design reserve the right to claim for compensation.
7.1 Collective Design are committed to offering a high standard of services to our clients however if you are dissatisfied you must register this by letter posted to our offices within 30 days
7.2 Our maximum liability of any claim shall not exceed our quoted fee sum for the services offered and accepted. This is limited to Collective designs fees only
7.3 Collective Design hold Professional indemnity insurance to the value of £1,000,000.00
8.1 The Designer neither offers nor accepts corrupt gifts or payments in connection with the award of this Agreement, the performance of the Services or the construction of the Project. The Designer takes all reasonable steps to ensure that relevant employees, agents and sub-consultants of the Designer are aware of the Designer’s obligations under this clause.
9.1 The Designer acknowledges:
9.2 When informed by the Client that such a request for information has been received, the Designer advises the Client whether or not it has information in its possession relevant to such request, provides an estimate of the time scale for its provision and of fees payable for the same in accordance with clause A5.8.1 and uses reasonable endeavours to provide the requested information within the time scales required by the FOIA.
9.3 The Schedule provided by the Designer defining ‘the Confidential Information’ and ‘the Commercially Sensitive Information’ is signed and dated by the Designer and the Client. The Client acknowledges that the information is and is to be kept confidential subject only to the exceptions set out in clause A6.4 and that the public interest test applies to any request for disclosure of such information.
9.4 Where the Client receives a written request for information under the FOIA and which relates to the Confidential Information or the Commercially Sensitive Information (the Requested Information):
10.1 An interior designer cannot guarantee prices of merchandise, interior installation, or other services not performed by him or her, because vendor pricing is sometimes subject to change, and if a client is indecisive or unsure, and takes longer than is necessary to make a firm decision, a vendor’s change in price will be out of the designer’s control.
11.1 Because a designer is not a general contractor when a contract requires the input of consultants and contractors, the client will enter in a separate contract for their services.
11.2 An interior designer will not provide a warranty, guarantee, or certification of their part of the project and neither will the designer be responsible for the quality of their works, materials used, their performance, nor their duration of works. However, the designer shall supervise them for conformity to his or her design concept.
11.3 The interior designer takes no responsibility for bad or unacceptable workmanship by others. The designer will advise and make note creating a snagging document requesting for the contractor to adjust and change any unacceptable work. It is the sole responsibility for the contractor to rectify their work no matter what the discipline.
11.4 Under the Building safety act 2022 the contractor(s) duties include: Not to start work unless satisfied client is aware of its duties. Ensure the work complies with all relevant requirements. Provide appropriate supervision, instructions, and information to ensure the work of others complies with all relevant requirements. Take steps to provide sufficient information about work to assist others with their own compliance.
11.5 The Principle contractor under the building safety act 2022 will Plan, manage and monitor all building work. Co-ordinate work so that it complies with all Building Regulations. Take steps to ensure that, all contractors co-operate, communicate and co-ordinate their work with other duty holders, the work of all contractors is co-ordinated to comply with relevant requirements, contractors and others involved in building work comply with the Building Regulations. Liaise with the principal designer and share information relevant to the planning, management and monitoring of the design and construction work to ensure compliance with all relevant requirements. Assist the client in providing information to other designers and contractors.
12.1 For the interior designer’s portfolio of works, the client must agree to allow the designer photography to the project through all its stages of works and after the project is completed.
12.2 Collective Design ID Ltd will be permitted to make photographs or other reproductions of the work, or any portion thereof, and to thereafter publicly display the same through news media or otherwise. The photographs will be taken at a mutually agreed upon time that is convenient for both the Designer and Owner. The Owner will give this permission with the understanding that the Owner’s name and/or address will not be used without the Owner’s specific permission.
12.3 Collective Design ID may post updates and case studies of the project for marketing purposes on our website and on social media. Please let us know if you would not like this to be carried out, this must be in written format and sent to Collective design before commencement of phase one of any project.
13.1 Domestic Clients - Duties of a domestic client are automatically transferred to the Contractor or the Principal Contractor where there are two or more Contractors.
13.2 Commercial Clients - Where a project is notifiable, the Client is responsible for the issue of the F10 notification form to the HSE, however others may do this on their behalf. (Notifiable construction work includes projects with construction work over 30 days and over 20 workers simultaneously, or construction work involving 500 person days.) The requirements of CDM 2015 apply whether or not the project is notifiable. Where there is (or is likely to be) more than one Contractor involved in the project the Client must appoint in writing as soon as possible and before work begins: A Designer with control over the pre-construction phase as Principal Designer and a Contractor as Principal Contractor. If the Client fails to appoint a Principal Designer or Principal Contractor, the Client must fulfil those roles and duties.
14.1 Either the Client or Collective Design has the right to cancel the contract before works have commenced at no cost
14.2 Should the client wish to cancel once services have commenced they will be invoiced for the time and expenses spend up until the day of cancellation.
14.3 Cancellation must be done in writing (post or electronic mail) and will terminate the contract on the day we receive the correspondence