Standard Conditions

 

Agreements entered into shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute or difference between them arising out of this Agreement.

 

1.           Pricing and Commercial Considerations

1.1      The price quoted is valid for acceptance for a period of 12 weeks from the above date.

1.2      Unless otherwise stated, the price quoted allows for the provision of:-

1.2.1               All labour, vehicular mobilisation, survey equipment and consumables.

1.2.2               In rural locations walking to site from nearest parking for up to 15 minutes.

1.2.3               One off site induction and travel to off site training centre of up to 15 minutes.

1.2.4               Subsistence allowances for overnight stays on multiple day commissions.

1.2.5               Setting out as appropriate.

1.2.6               Clearing up and de-pegging at the end of the survey.

1.2.7               The processing, abstraction, interpretation of the data collected and reporting on the results.

1.2.8               Three paper copies and one digital copy of the final report. 

1.3      Costs associated with traffic management, suspension of car parking, night time or weekend working are not normally allowed for in the basic price but will be shown as extra. [See 2.3]

 

1.4      The price quoted is subject to the addition of VAT at the rate current at the time of invoicing.

 

1.5      Each instruction or acceptance of a quotation shall be deemed to be an offer to purchase the services subject to the conditions laid out in this document.

 

1.6      Invoices will be submitted as following:-

1.6.1         For commissions of up to £7,500 the invoice will be raised at the time of report submission.

1.6.2         For commissions over £7,500 monthly interim applications for payment will be made based on 90% of the value of work completed in that month. A final invoice will be submitted when the final report is presented. Preliminary results will be supplied as work progresses or as previously agreed.

 

1.7      Payment is due within 30 days of the date of the invoice. Disputes should be raised within 10 days.

 

1.8      Invoices are not to be assigned to a third party without prior agreement.

 

1.9      The client shall not be entitled to assign the contract or any part of it without our prior written consent.

 

1.10    We will exercise our statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation if we are not paid according to our agreed credit terms.

 

1.11    We have a minimum day charge of £750 excluding VAT.

 

1.12    Should the commission be cancelled after either preparatory or field work has commenced then a claim will be made for the work completed up to the time of cancellation.

 

1.13    Underground Utility Mapping

1.13.1      Each manhole is allocated 20 minutes to locate, lift and log. If after this time we have been unable to raise the cover it will be recorded as UTR (Unable To Raise) and reported back to the client. If the client arranges for the cover to be lifted by other means, and we are still on site, we will log the contents but charge out time at the adjustment rate per manhole quoted.

1.13.2      An estimate has been made of the number of manholes/node points which are on site. This is shown as the Manhole/node point Allowance. If the actual amount surveyed on site differs to this then the price will be adjusted up or down at the Adjustment Rate shown per manhole.

 

2.          Site Conditions and Access

2.1         The site conditions and extents, as we understand them, are stated within the quotation. Any significant variations from these resulting in lost time or production may be charged prorata to the rate shown [1.11]. It is the responsibility of the client to check that any quotation received allows for the extent and conditions as they exist on site. Every effort will be made by Stratascan to ensure that the site area covered by the quotation is clearly illustrated.

                                  

2.2         For the duration of the contract the client grants Stratascan, our employees, and subcontractors, the right of access to, and as necessary occupy, the site for the purposes of carrying out our services.

 

2.3         Traffic management and suspension of car parking to be arranged by the client unless specifically agreed in the contract.

 

2.4         As much as possible of the agreed area will be surveyed but artificial obstructions may limit a total survey. If practicable it would be advisable for any movable obstructions to be cleared in advance. To aid data quality and survey speed the ground surface should be relatively flat, level and well kept. Any long vegetation should be mown. Lost time due to unsuitable surface conditions may be charged.

 

2.5         It is assumed that free, unhindered access will be given to the site with space for a light commercial van to park. Any costs incurred for payment of parking will be re-charged to the client.

 

2.6         If it is necessary to travel through toll roads, congestion charging zones, or other traffic control zones then any costs will be re-charged to the client.

 

2.7         If licences are required for the survey to take place then it is assumed that the client will arrange for these. This includes survey over Scheduled Ancient Monuments, National Trust owned land, radar surveys within OfCom restricted zones and Network Rail land. Stratascan will apply on behalf of the client if instructed to do so. Any direct cost resulting from this may be re-charged.

 

2.8         The programme of work will be to a schedule agreed prior to the work commencing. All dates are estimates and will be adhered to as reasonably practical, they are not binding.

 

2.9         A certain amount of trampling to crops and plants will be inevitable.

 

3.            Insurance and Limit of Liability

3.1         Stratascan undertake that we will exercise due care in the performance of our work in accordance with applicable professional standards. We will re-do any work which is not in compliance with this undertaking if it is brought to our attention within reasonable time after the work has been carried out. We carry Professional Indemnity, Public & Product Liability, & Employers Liability insurances at a level that we feel is a fair reflection of the type of work generally undertaken by us.

 

3.2         The following provisions of this clause [3] set out the entire financial liability of the Surveyor (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client for any breach of contract and any representation, guarantee, warranty, indemnity, statement or tortious act or omission including negligence arising under or in connection with the Contract.

 

3.3         Nothing in the Contract excludes or limits the liability of the Surveyor in respect of:

3.3.1              death or personal injury caused by its negligence;

3.3.2              fraud or fraudulent misrepresentation; or

3.3.3              any other liability that cannot be limited or excluded under law.

 

3.4         Subject to clause [3.3], the Surveyor shall not be liable to the Client whether in contract (whether by way of guarantee, warranty, indemnity or otherwise), tort (including negligence), misrepresentation (other than fraudulent misrepresentation), breach of statutory duty or otherwise in respect of the Contract for any:

3.4.1          indirect or consequential loss or damage;

3.4.2          loss of profit; or

3.4.3          loss of business or depletion of goodwill;

howsoever caused which arises out of or in connection with the Contract.

 

3.5         The provisions of this clause [3] shall survive the termination or expiry of the Contract for any reason.

 

4.            Intellectual Property

4.1         All Intellectual Property Rights (including but not limited to copyright, trade marks, database right, confidential information and technical knowhow) and all other rights in the survey shall at all times remain vested in us.

 

4.2         Upon receipt of payment of all sums due and owing to us, we will grant the client a non-exclusive, non-transferable licence to make such reasonable use of the survey in the United Kingdom as is necessary in the usual course of their business.

 

4.3         The client undertakes:

1. (a)        not to sell the Survey in whole or in part for financial gain without obtaining our prior written consent;
2. (b)        not to adapt, vary or modify the Survey or otherwise alter the substance of the Survey;
3. (c)        to include our copyright notice on all entire and partial copies of the Survey in any form, including digital;
4. (d)        not to remove our copyright notice or modify or alter in any way our STRATASCAN registered trade mark;
5. (e)        to keep all copies of the Survey secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Survey.

 

4.4         In the event that the client breaches any of the terms set out in clause [4.3] above, the licence granted in clause [4.2] shall automatically terminate.

 

4.5         We hereby assert absolutely our moral rights arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights we may have in any territory of the world.

 

4.6         We expressly make no warranty with regard to any Intellectual Property Rights contained within the Survey.

 

5.            Confidentiality

5.1         Information relating to the survey will only be disclosed to those employees who require it to carry out their job. If necessary this may include sub-contractors. Any other third party enquiry about the purposes of the survey will be referred back to the client.

 

5.2         If required we can arrange a specific Confidentiality Agreement to be prepared.

 

6.            Inputs

6.1         It is assumed that the client will supply suitable site drawings of the survey area in digital format (.DWG or .DXF). If these are not available then Stratascan can purchase the appropriate mapping and re-charge this to the client.

 

6.2         It is assumed that the client will supply control points and their coordinates to enable the survey grid to be tied into the site coordinate system. In the absence of such information the survey will either be tied into salient points on the ground that are shown on the base mapping or GPS will be used to tie base lines to the OS National Grid.

 

6.3         If the client has copies of record drawings from statutory undertakers, historic maps, desk based assessments or other background information then these should be provided free of charge.

 

7.            Outputs

 

7.1         Where timescales are tight preliminary results can be made available normally in pdf format prior to the issuing of the full report.

 

7.2         Three paper copies of the final report will be submitted and one digital copy (excluding site mark out surveys). Additional copies of the report will be charged extra.

 

7.3         From time to time we may request the use of survey results for publicity and/or research purposes. In this event permission of the client will be sought.

 

8.          Methodology and Instrumentation

8.1   Standards, Quality Management and Health & Safety

8.1.1          Stratascan Limited is a Registered Organisation and is committed to upholding the standards and policies set out by the Institute for Archaeologists.

8.1.2          Stratascan Limited are members of The Survey Association.

8.1.3          Stratascan Limited are accredited to ISO 9001 and ISO 14001.

8.1.4          Stratascan Limited are Achilles Verify accredited UVDB no. 80959.

8.1.5          All archaeological site work and reporting will be carried out in accordance with English Heritage Research and Professional Services Guideline No.1: Geophysical Survey in Archaeological Field Evaluation, 2008.

8.1.6          Archaeological survey results will be uploaded to the OASIS database with a 12 month release delay unless informed otherwise.

8.1.7          Stratascan operate a standard Health & Safety policy which can be supplied if required. Risk Assessments can also be supplied as required.

 

8.2   General Geophysical Methodologies

             The following are our standard survey practices and will apply unless stated otherwise in the quotation.

8.2.1        A temporary grid system will be established over the site using wooden pegs or canes. 30m by 30m grids will be used throughout for magnetic, resistance and electromagnetic surveys.

8.2.2        The magnetic susceptibility survey will be carried out using a Bartington MS2D coil or equivalent. Readings will be taken every 20m along lines 20m apart. It is assumed that reconnaissance magnetic susceptibility will be followed up by a minimum of 50% targeted detailed magnetic survey in line with English Heritage guidelines.

8.2.3        The detailed magnetic survey will be carried out using a Bartington Grad601-2 or equivalent. Readings will be taken every 0.25m along lines 1m apart.

8.2.4        The resistance survey will be carried out using a Geoscan RM15 or equivalent. Readings will be taken every 1m along lines 1m apart.

8.2.5        The multi-channel/multi-frequency radar survey will be carried out using an IDS MF system gathering both 600MHz and 200MHz data along orthogonal lines nominally 0.35m apart. The single channel radar survey will be carried out using a GSSI SIR2000 system or GSSI/IDS hybrid system gathering selected frequencies from 100MHz to 1.5GHz as appropriate along parallel lines 1m apart.

8.2.6        The electromagnetic survey will be carried out using a Geonics EM31 or equivalent. Readings will be taken every 1m along lines 2m apart.

8.2.7        Underground utility mapping surveys will be carried out in accordance with The Survey Association’s (TSA) guidance notes. A copy of which can be made available on request.