Terms and Conditions | evolvingisland

kariba architecture and interiors

Terms & Conditions of Engagement

General

Kariba will exercise all reasonable skill and care in carrying out the services agreed to be provided.
Kariba shall act on behalf of, and in the interests of the Client.
Kariba will cooperate with any other consultants appointed by the Client (e.g. Structural ,Civil or MEP engineers) and will pass relevant information to the other consultants as necessary for coordination of their work.
Kariba cannot be held responsible for elements outside their control, e.g. whether planning permission will be granted; the performance of other consultants, etc.

Fees and Payments

Kariba’s fees and expenses will be charged as set out in the agreed fee proposal - invoicing is monthly based upon hours expended or proportions of milestone completed.
Kariba will keep an up-to-date record of time spent on the project where fees are calculated on a time-charge basis. Kariba architecture and interiors will also keep a record of expenses incurred in progressing the project.
Additional fees may be payable to Kariba architecture and interiors if additional work is carried out for reasons beyond their control at the request and with agreement of the Client.
Payments will become due to Kariba architecture and interiors 15 days after issue of an invoice. Any sums remaining unpaid at the expiry of 30 days after the date of issue of an invoice will bear interest at a rate of Cayman Islands prime rate plus 5%
Any expenses paid on behalf of a project are charged at cost with No mark up. Larger expenses are generally paid directly by the client.

Kariba is the owner of the Copyright of all design work produced and has the right to be identified as the author of the design work. Kariba architecture and interiors’s Copyright is licensed to the Client for the execution of construction work on a per project basis only upon full payment for Kariba architecture and interiors’s services in preparing designs for the work.

Resolution of Disputes

In the event of any dispute or disagreement arising, the Client and Kariba architecture and interiors would hope to resolve their differences by negotiation or mediation. Alternatively, complaints or disputes can be referred to the Architects Registration Board (ARB) or the Royal Institute of British Architects (RIBA). Respective codes of conduct for Architects can be found on their websites at www.arb.co.uk and www.architecture.com respectively.

Liabilities and Insurance

Kariba shall maintain Professional Indemnity Insurance for US$ 2,000,000 for any one occurrence or series of occurrences arising out of any one event.
When reasonably requested by the Client, Kariba architecture and interiors shall produce for inspection, documentary evidence of their Professional Indemnity Insurance cover.
No liability shall attach to Kariba architecture and interiors in respect of services except such liability as is covered by Kariba architecture and interiors’s Professional Indemnity Insurance.
No liability shall attach to Kariba architecture and interiors either in contract or in tort for loss, injury or damage sustained as a result of the act, omission or insolvency of any person other than Kariba architecture and interiors and Kariba architecture and interiors shall not be liable to indemnify the Client in respect of any claim made against the Client for any such loss, injury or damage.
Kariba is NOT liable for any engineering or consultancy related to the project. All Engineers and Consultants are by direct appointment with the client.