Operated by Gavin Phillips MEng PGCE CEng MICE
Revision date: June 2025
“Client” means the individual or organisation engaging the services.
“Consultant” means Gavin Phillips, trading as Preseli Engineering Design.
“Services” means the civil and structural consultancy services provided by the Consultant.
The Consultant will provide the Services as described in the agreed proposal or scope of work document.
These Terms apply to all Services undertaken, including informal advice, minor works, or instructions confirmed via email.
Any changes or additions to the agreed scope of work must be requested in writing by the Client. The Consultant will assess the impact of the proposed variation on fees, timelines, and deliverables and provide written confirmation of the revised scope and associated costs. No variation will be undertaken until both parties have agreed in writing to the revised scope and any additional fees.
Fees will be as detailed in the proposal or estimate. This may be a formal document or included in the body of an email.
Invoices will typically be issued upon completion of design works or at agreed milestones, and are payable within 28 days of the invoice date.
Late payments may incur interest at 4% above the Bank of England base rate.
Where travel is required as part of the Services, mileage will be charged at the rate of £0.45 per mile (the current HMRC approved rate). Any additional travel expenses such as parking or tolls will be charged at cost. All travel expenses will be included in invoices and are payable under the same terms as fees. The Consultant will endeavour to keep travel costs reasonable and provide details upon request.
The Consultant reserves the right to withhold final deliverables, including reports, drawings, or certificates, until full payment of all outstanding invoices has been received.
The Consultant shall exercise reasonable skill, care and diligence in the performance of the Services, in accordance with the standards expected of a competent civil and structural engineer.
The Consultant’s total liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to three (3) times the total fee paid for the Services giving rise to the claim.
The Consultant shall not be liable for any indirect or consequential losses, including but not limited to, loss of profit, loss of opportunity, or loss of business.
The Consultant maintains professional indemnity insurance with a limit of £1,000,000. Evidence of cover is available upon request.
All intellectual property created by the Consultant in the course of delivering the Services shall remain the property of the Consultant unless otherwise agreed in writing.
The Client is granted a non-exclusive licence to use deliverables solely for the project for which they were produced.
Ownership of draft deliverables remains with the Consultant and must not be relied upon or disclosed to third parties without express written consent.
Both parties agree to keep confidential all information designated as confidential and not to disclose it to any third party without written consent, unless required by law.
The Client shall ensure that any site or premises where the Consultant attends complies with all applicable health and safety regulations. The Consultant shall not be responsible for any loss, damage or injury arising from unsafe site conditions.
The Consultant shall be entitled to rely upon information and data provided by the Client or third parties and shall not be responsible for any errors or omissions therein.
The Consultant may engage sub-consultants or third parties to assist in providing the Services, and the Client agrees to such use.
Neither party shall be liable for failure to perform their obligations where such failure is due to events beyond their reasonable control, including but not limited to natural disasters, strikes, or government restrictions.
Both parties shall comply with all applicable data protection legislation in respect of any personal data processed in connection with the Services.
Either party may terminate this agreement with 14 days’ written notice.
The Client shall pay for all work completed up to the date of termination.
If the Client cancels or postpones confirmed Services less than 48 hours before the agreed start date, the Consultant reserves the right to charge for time or costs already incurred, including a reasonable cancellation fee.
The parties agree to attempt to resolve any dispute arising under these Terms by negotiation in good faith before commencing legal proceedings.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.