Bid & Tender Management
Marion Richards Associates
Scope of Terms of Business
All work carried out by or at the responsibility of Marion Richards Associates Limited (Marion Richards) for clients is subject to these terms of business. These terms may be varied or excluded (in whole or in part) by subsequent agreement in writing signed on behalf of Marion Richards and the client, but not otherwise. By appointing Marion Richards the Client agrees to the terms of business herein.
Acceptance of Work
Documentation submitted by Marion Richards shall, unless otherwise stated therein, remain open for acceptance from the date of submission to the client. Variation to the terms of a Proposal shall be effective only if specified in the written acceptance and countersigned by an authorised representative of Marion Richards.
Commencement of Work
Our fee for each specific project will be communicated to the client, after which authorisation will be sought by Marion Richards to commence each specific project. Once the client has provided their consent to commence a specific project, our fee will become due, regardless of whether (due to circumstances beoynd Marion Richards' control) the document / submission is delivered. Unless otherwise stated in the proposal, the client shall take all steps to enable Marion Richards to begin its work as soon as possible after acceptance of these terms. The client will make available or place at Marion Richards disposal all information, facilities and personnel reasonably required by them to carry out its work, and will co-operate with them in all reasonable ways.
Marion Richards will take all reasonable steps to meet the wishes of clients in the selection of sub-contractors and associates but reserves the right (unless otherwise required in writing by the client) to employ, discharge or replace at any time any sub-contractor or associate in carrying out work for clients. References in a Proposal to the utilisation of the services of a particular person as sub-contractor or associate shall imply only that Marion Richards has consulted and intends to employ or retain such person but shall not imply that contractual arrangements have been made for such employment or retention.
Fees and Expenses
All fees, expenses and other sums payable to Marion Richards by the client shall be payable in every case within fourteen days of the date of each invoice. Marion Richards reserve the right to charge interest on overdue invoices. Expenses shall be reimbursed to Marion Richards by the client at cost.
Travelling expenses paid or payable by Marion Richards are to be reimbursed by the client, which shall be charged at cost. Standard class travel will be used as the preferred class of travel. The standard rate for mileage is the prevailing rate quoted by the Automobile Association for the type of vehicle used.
If, after the acceptance of a Proposal, the rights of Marion Richards or of the client under the agreement are wholly or substantially diminished or the performance thereof rendered wholly or substantially impossible by reason of force majeure, then the obligations of both parties shall cease forthwith except that the client shall pay to Marion Richards all fees and expenses then owing to them (including all the expenses of or caused by or arising out of such termination).
Termination or Breach by Client
If, after acceptance of a Proposal, the client shall terminate or be in serious or (after warning) repeated breach of its agreement with Marion Richards or act in such a manner as to render the performance of the agreement by Marion Richards wholly or substantially impossible, then Marion Richards’s obligations under the agreement shall cease forthwith. In such a case the client shall immediately pay to Marion Richards all fees and expenses (including all the expenses of or caused by or arising out of such termination) and other sums then owing to Marion Richards under the agreement together with a sum equal to the whole of the fees thereafter remaining to be paid under the agreement.
All work undertaken by Marion Richards, is made in good faith and on the basis of the information provided to Marion Richards at the time. No statement in any work undertaken, report or letter is to be deemed to be in any circumstances a representation, undertaking, warranty or contractual condition. Marion Richards shall not be liable to the client for any indirect or consequential loss or damage. The total liability of Marion Richards to the client shall not exceed the value of the contract. This amount includes any and all claims combined, including any costs and lawyers’ fees awarded.
Marion Richards intends to employ the methods, procedures, techniques, personnel and sources of information, but reserves the right to vary these as necessary or desirable in order to achieve the aims of the project. Marion Richards will have no liability to you whatsoever for any amendments you choose to make to any of the documents provided to you.
Copyright is reserved to Marion Richards in all work undertaken, reports, surveys and other documents produced or commissioned by Marion Richards under or in connection with any agreement with a client. No such document shall be copied or published (in whole or in part) or disseminated to any third party without the written permission of Marion Richards. Permission will not be unreasonably withheld or withdrawn provided in all cases that Marion Richards is satisfied that the copying or publication will not cause offence to or infringe the rights of any third party and provided further that Marion Richards is satisfied that such copying or publication will be of the whole of the document concerned and not of a part or selection where from.
All work, reports, pricing and other documents produced or commissioned by Marion Richards will be treated by Marion Richards as confidential to the client concerned and will not be shown or passed to any third party without written permission of the client.
These terms of business and all documents, arrangements and agreements to which they apply shall be construed and have effect in accordance with the laws of England, and the client accepts the exclusive jurisdiction of the English courts.
If any dispute or difference shall arise between Marion Richards and a client concerning the meaning or effect of these terms of business or of any agreement between them to which these terms apply then if the same cannot be settled amicably it shall be referred to the arbitration of a single Arbitrator to be agreed by the parties or in default of agreement to be appointed by the President for the time being of the Law Society, London. The costs of any such arbitration shall be in the discretion of the Arbitrator whose award will be considered and taken by the parties as final and binding
Registered in England & Wales, Company Registration Number: 6811487. Registered Address: 3 Church Mews, Station Road, Addlestone, Surrey, KT15 2AW