Terms & Conditions – TruGrid Surveys Ltd

 

1. Definitions and general

“Company” means TruGrid Surveys Ltd (company number 16916407, registered office 3rd Floor, 86-90 Paul Street London EC2A 4NE), including its successors and permitted assigns.
“Client” means the person or organisation instructing the Company to carry out the Work, including any agent acting on behalf of a third party.
“Contract” means the agreement between the Client and the Company comprising the Company’s quotation or proposal, these Terms & Conditions, and any documents expressly incorporated in writing.
“Work” means the land, topographical, measured building, engineering or related survey services to be carried out by the Company and the associated drawings, digital data and reports to be supplied.
“Data” means all drawings, models, coordinate lists, reports and other deliverables produced as part of the Work.
The Contract is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

 

2. Basis of engagement and scope

The Client is responsible for clearly defining the required scope, purpose and level of detail of the Work at quotation stage, including any special accuracy, feature or format requirements.
The Company will carry out the Work with reasonable skill and care in accordance with the agreed scope and any relevant industry guidance applicable to land surveying services.
If, on attending site, the Company finds that site conditions, extent or access materially differ from the information provided, the Company may suspend Work and notify the Client; any required variations will be chargeable at the Company’s standard rates.

 

3. Prices, quotations and variations

Unless stated otherwise, written quotations are open for acceptance for 30 days from the date of issue and are exclusive of VAT.
The quoted fee is based on the information supplied and the agreed scope; any additional Work requested by the Client, or required because of changed site conditions, delays, restricted access, or new information, will be charged as a variation (for example hourly or site rate, additional visit, data processing).
The Company will notify the Client where it considers that additional Work or cost is likely to exceed the original quotation by more than 10%, and the parties will agree a revised fee or instruction before proceeding where reasonably practicable.

 

4. Instructions, commencement and cancellation

The Company is not obliged to commence Work until formal written instruction is received (for example email or purchase order) confirming acceptance of the quotation and these Terms.
Acceptance of the quotation, or allowing the Company access to site, or use of the Data, will be deemed acceptance of these Terms where no alternative written agreement exists.
If the Client cancels or postpones the Work after instruction, the Company may charge for time and costs incurred up to the date of cancellation, plus any reasonable mobilisation, travel or third‑party costs that cannot be recovered.

 

5. Access, health & safety and client obligations

The Client must arrange safe and legal access to all areas to be surveyed, including any third‑party land, and must notify occupiers, neighbours or other stakeholders as needed.
The Client must provide all available relevant information relating to site hazards, constraints and utilities, including any existing drawings, utility records, asbestos or contamination information, and specific health & safety requirements.
The Company may refuse to work or may suspend Work if site conditions are unsafe, access is denied or instructions are unclear; any wasted or additional time, travel or costs will be chargeable.

 

6. Survey methods, features and accuracy

Surveys will generally be undertaken using appropriate instrumentation (for example total station, GNSS, laser scanner) and methods suited to the agreed scope and required accuracy.
Unless otherwise agreed in writing, topographical surveys will be produced to an accuracy appropriate for a plotted scale of 1:200, and measured building surveys to 1:100; no liability is accepted for use of the Data at larger scales or outside the agreed purpose.
Where features are inaccessible, obscured or unsafe to survey directly, they may be interpolated, estimated or indicated schematically and will not be subject to the stated accuracy tolerances.
The Client is responsible for taking their own professional advice before relying on the Data for design, construction, legal or other critical purposes and should not scale from printed drawings where the digital data is available.

 

7. Deliverables and release of data

Standard deliverables for the Work will typically comprise:

• PDF drawings for review and checking

• CAD files in DWG format (any version reasonably requested by the Client)

• cleaned and colour‑mapped point cloud data, where included in the agreed scope

Unless otherwise agreed in writing, the Company will first issue PDF drawings as a “check set” for the Client to review and comment on; these PDFs are provided for checking only and must not be relied upon for design, construction or issue to third parties until the corresponding invoice has been paid in full and any agreed amendments have been incorporated.
DWG files and point cloud data will only be released once all invoices relating to the relevant portion of the Work have been paid in full, at which point the Data will be deemed “Issued for Use” for the agreed project purpose, subject to these Terms.
Where the Client requests re‑issue of Data in alternative formats, versions or coordinate systems not specified in the quotation, the Company reserves the right to charge an additional fee for the extra processing and quality checks required.

 

8. Payment terms

Invoices will be issued on completion of the Work or in stages as set out in the quotation (for example mobilisation, fieldwork, issue of check PDFs, final deliverables).
The Company reserves the right to charge statutory interest and compensation on overdue sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, and to recover all reasonable costs of debt recovery.
Where payment is delayed or disputed by a third party (for example end client), the instructing Client remains fully liable for all sums due under the Contract.

 

9. Intellectual property and licence to use

Copyright and all intellectual property rights in the Data remain vested in TruGrid Surveys Ltd unless expressly assigned in writing.
Upon receipt of full payment, the Company grants the Client an irrevocable, non‑exclusive, royalty‑free licence to use the Data for the specific purpose agreed in the Contract, for example design of a particular project or site.
The Client may provide copies of the Data to its professional advisors, contractors and project stakeholders solely for that project, but may not sell, sublicence or otherwise commercially exploit the Data without the Company’s prior written consent.
The Client must not remove or obscure any title block, logo or copyright notice appearing on the Data.

 

10. Limitation of liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded.
Subject to the above, the Company’s total aggregate liability to the Client arising out of or in connection with the Contract (whether in contract, tort, negligence or otherwise) will, so far as permitted by law, be limited to the lesser of:

• a multiple of the fee paid for the Work (for example two times the Contract price); or

• the level of professional indemnity insurance maintained by the Company at the time of the claim.
  The Company will not be liable for any loss of profit, loss of business, loss of anticipated savings, loss of data, or any indirect or consequential loss or damage arising out of or in connection with the Work or use of the Data.
  The Company will not be liable for any consequences of late delivery where delay results from circumstances beyond its reasonable control, including but not limited to severe weather, access issues, third‑party actions or failures of utilities or networks.

 

11. Use of data and third parties

The Data is prepared solely for the Client and the stated purpose; no third party may rely on the Data without the Company’s prior written consent, which may be subject to additional fee and conditions.
The Company may, where appropriate, rely on information provided by the Client, utility providers or other third parties, and accepts no responsibility for errors or omissions contained in that information.

 

12. Confidentiality and data protection

Each party shall keep confidential any information of the other which is clearly confidential in nature or marked as such, and shall not disclose it to any third party except as required for the performance of the Contract or by law.
Personal data will be processed in accordance with the Company’s Privacy Policy, which explains how contact details and project information are collected, stored and used in compliance with applicable data protection law.

 

13. Suspension and termination

If the Client fails to make any payment by the due date, or otherwise commits a material breach of these Terms, the Company may suspend the Work until the breach is remedied and/or terminate the Contract on written notice.
On suspension or termination, the Client will pay the Company for all Work carried out and costs incurred up to the date of suspension or termination, together with any additional costs reasonably incurred as a result.

 

14. General

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No variation to these Terms is binding unless agreed in writing by a director of TruGrid Surveys Ltd and the Client.
The failure of either party to enforce any provision of the Contract shall not be construed as a waiver of that provision or any other rights.