1. Terms and Conditions

1.1   These are the general Terms and Conditions of Reid-Howie Associates, hereafter referred to as RHA. Work which is carried out by RHA will be conducted in accordance with these Terms and Conditions unless otherwise specified in a proposal or letter.

2. Charges

2.1    The charges specified within the proposal are an estimate of charges and related expenses for work to be undertaken. Unless specified, this does not constitute an offer to perform the work within a fixed time or at a fixed price.

2.2   The fees are based on the time spent by RHA staff on a piece of work, whether carried out at the client's base or elsewhere.

2.3   Where fees are quoted at a daily rate, charges are based on a standard day of eight hours. Fees and expenses charged are subject to VAT.

2.4   Expenses incurred which are directly related to the project will be charged to the client. These expenses will not be greater than those estimated within the proposal without prior written agreement. Should a need to purchase additional materials/services arise in the course of the work, written agreement will be sought    before    expenditure is incurred. If the proposal specifies that the cost is inclusive of expenses, no further charge will be made in respect of these.

3. Payment

3.1    Fees will be payable in two stages : 30% on commissioning and 70% on completion, unless otherwise agreed at the start of the work.

3.2   Invoices are payable within 30 days.

4. Client Instructions

4.1   The client will provide RHA with such information necessary to carry out the agreed project and the client will make the necessary decisions for the performance of the specified tasks. A contact representative will be nominated by the client for liaison with RHA.

4.2   RHA is not responsible and will not accept liability for the subsequent implementation of any report produced.

5. Confidentiality

5.1   RHA assumes the right to make reference to previous work in proposals or other submissions to prospective clients unless expressly prohibited by the client.

5.2   All information passed to RHA by a client in the course of work, which is not publicly available, will be kept confidential.

6. Validity of Proposals

6.1   These Terms and Conditions shall form the basis of the contract between the client and RHA unless both parties agree otherwise in writing.

7. Termination

7.1   Either party may terminate the contract by giving one month's notice in writing. Fees and expenses to the date of termination are payable by the client.

7.2   Neither RHA nor the client shall be liable for failure or delay in performing their obligations under the agreement if this is due to causes outside the reasonable control of the party in default.

8. Copyright

8.1   RHA will retain all intellectual property within reports and all documents, drawings, questionnaires and other materials prepared in the course of the work.

8.2   The client will have the right to use all materials and reports prepared within his/her own organisation. If the client wishes to publish the    material or use it outside his/her organisation, or use it for purposes other than those which might be reasonably held to be related to the work, permission will be required from RHA and will not be unreasonably withheld, subject to the payment of all fees. RHA will similarly request permission from the client prior to the release of information relating to the detailed findings/output of the work.

9. General

9.1   The terms of this agreement shall be subject to and construed in accordance with Scots Law.

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