Standard Trading Conditions for Surveyors and Consultants
Whenever you are appointed by a client, you must ensure that your terms and conditions are incorporated in your contract, if it is possible to do so. ITIC’s recommended Standard Trading Conditions for Surveyors and Consultants can be found here.
Your terms and conditions should be made clearly available to your potential client before the appointment is agreed. It is extremely difficult, if not impossible, to rely on terms and conditions which were not brought to a client’s attention before they agreed to instruct you, as they will claim they do not form part of the contract. The only situation in which you may be able to rely on such clauses is if you have a previous course of dealings with that same client and have used clauses in the past so, in effect, it is impossible for the client to argue that they were not aware of them.
While the requirements for properly incorporating terms and conditions into your business dealings may vary from country to country, you must draw your contractual counterparty’s attention to your terms and conditions before you conclude the contract. It is therefore imperative that at least a reference to your terms and conditions, but ideally the full set of terms and conditions, is included in any quote or estimate which you give to your client before they confirm your instructions. We would also recommend that you add onto your email signatures an endorsement such as:
“All work is undertaken subject to our standard trading terms and conditions a copy of which is available on request [or a copy of which is available on our website at: (link to the terms on your website)]."