Terms & Conditions for Cherish Homes Ltd

These Terms and Conditions govern the provision of architectural and other professional services by Cherish Homes Limited.

(a) Company Name: Cherish Homes Ltd

(b) Registered Address: Assetz House, 335 Styal Rd, Wythenshawe, Manchester M22 5LW

(c) Company Registration Number: 06334738

(d) Contact Email: hello@cherishhomes.co.uk

(e) Contact Phone: 0845 430 0010

(a) "We", "Us", "Our": Refers to Cherish Homes Ltd.

(b) "You", "Your": Refers to clients receiving our services.

(c) "Services": Refers all professional services provided by Cherish Homes Ltd.

4.1 Overview

(a) Cherish Homes are an experienced specialist, providing professional services related to delivering fully managed self-build house packages (often referred to as a “turnkey” provider).

(b) We help self-build clients to design, seek to obtain planning for, and then build their new home by providing a complete end-to-end service.

(c) Our in-house team of architects, technicians, designers and project managers can provide all of the necessary services that may be required by a self-build client.

(d) When necessary, Cherish Homes Ltd can provide other chargeable services over and above those mentioned when agreed in advance with the client.

4.2 Design Process/ Fees

(a) The process for any house design work required will start with a thorough Design Brief. This is a meeting in which we go through your list of requirements and will review your plot layout (your preferred site access, parking etc.). We will then do the first draft.

(b) You will have the opportunity to review this first draft and make two sets of amendments to the first draft (Revisions A and B).

(c) For practical reasons, meetings are usually held at the Cherish Homes offices.

(d) Revision B will be a detailed set of drawings which we will ask you to sign-off. These are not construction drawings. Any significant design changes made after this sign-off may incur additional fees. Please be mindful that such significant changes may not match previous Planning or Building Regulations consents for your site.

(e) Please Note: Planning Submission is not a guarantee of Planning Approval.

In some cases the Local Authority may request a complete scheme or house redesign, and this may result in more revisions, or a new house type being required.

Although usually this can be dealt with under the same application, it may require being extensively revised, additional or new plans to be produced. In this instance Cherish Homes would either invoice this extra work at an hourly rate or at an agreed set fee, which would be agreed with the client in writing prior to starting any additional work.

4.3 Architectural Services & Dan-Wood

(a) All of the architect services are provided with you as the client however if you require assistance on the choice of which custom-build house manufacturer that you should choose, then one of two situations will arise.

(b) Whether you approached us through Cherish Homes marketing, through our website directly or via a direct enquiry with Dan-Wood, then we can assist you with the choice of such a manufacturer and can advise if Dan-Wood is a good fit to your needs, or any existing planning permission, or not.

(c) Cherish Homes is not an all-of-market supplier of house construction, having already selected Dan-Wood due to its specialised and particular strengths in the UK market.

(d) You are free to work with any potential builder or manufacturer to build your project but please be aware that we are affiliated with Dan-Wood in the UK and tend to only work with clients who see and require the benefits Dan-Wood offers, such as fixed price quotations, energy efficiency, pre-agreed delivery dates and the many other benefits.

(e) We only produce house design work where the expected outcome would be a Dan-Wood house as the construction method can inform the design in some cases.

4.4 Scope of Services: Range

(a) The full scope of our services will be as described in our quotation. If additional services become necessary as the project progresses, they will be charged at an hourly rate but may be adjusted to a lump sum or additional fee percentage by prior agreement.

(b) Before commencing the additional work, we will require written confirmation of your agreement to the fee proposal.

4.5 Other Consultants

(a) Only following your agreement, Cherish Homes may instruct structural engineers and other specialist consultants on your behalf.

(b) Their appointment and arrangements for payment will usually be made directly with you, the client. Cherish Homes shall not be held liable for the quality of their work once appointed unless Cherish Homes make the supply under our own name and you pay us for that supply.

4.6 Exclusions

(a) Professional fees agreed do not include further site visits after the briefing meeting (unless otherwise stated), local authority and other fees associated with the project, nor any fees that may be required for other consultants used on the project.

4.7 Other Commercial Relationships

(a) To ensure we can run the business on a commercial basis, we may be paid commissions by suppliers in return for carrying out introductions and these are always factored into the other fee levels quoted to our clients.

(b) This other income is used to subsidise our work, design and planning fee quotes and to help offset the need for direct client charges for some works that would otherwise need to be charged for.

5.1 Information Supplied

(a) Cherish Homes will not be responsible for any losses due to work based on dimensions, drawings or other materials supplied by the client.

(b) Furthermore, Cherish Homes will not be responsible for losses due to work carried out from drawings produced by third parties.

5.2 Planning Conditions

(a) Any planning approval granted may have conditions imposed by the local authority. These conditions may require to be fully discharged before commencement on site.

(b) Any quotation provided does not include any extra work required by further planning conditions. The cost for this can be advised after planning approvals are received, if such is required.

5.3 Construction Design and Management Regulations

(a) Since April 2015 the regulations under the Health & Safety Act/ Construction Design & Management (CDM) have changed.

(b) It is a legal duty for Cherish Homes to bring to all clients’ attention the CDM Regulations concerning Health and Safety planning for construction work. In certain cases, it may be necessary to appoint a CDM Consultant. Compliance with CDM regulation remains the responsibility of the client.

6.1 Invoices

(a) We will submit invoices accounting for the fees due on terms agreed per order and within the overall quotation we have provided.

(b) All fees are payable on the terms specified in the quotation that we send you.

6.2 Late Payments

(a) We reserve our statutory right to charge interest at 8% above base rate on late payments and compensation for debt recovery costs under late payment legislation.

(b) In case of non-payment of agreed fees after completion of agreed stages, the copyright of the house design remains fully vested in Cherish Homes.

(c) Following payment, copyright does not transfer to you but a licence is issued to you to use the designs for your particular house to be constructed by Dan-Wood and we reserve the right to continue to develop our house catalogue on an ongoing basis.

(d) Your house design work may become part of that catalogue, or past body of work in some way, just as you may have benefited from our past work too. In this way, this keeps client costs to a minimum overall. If you do not wish us to potentially reuse any part of your design in the future then please advise us at the outset, prior to agreeing the quotation and we will adjust the quotation to reflect this.

(a) All drawings, documents, designs and other information produced by Cherish Homes remain the copyright of Cherish Homes unless explicitly agreed under clause 6.

(b) All drawings, notes and documentation including electronic documents produced remain the property of Cherish Homes until all fees relating to that work are paid.

(c) We will issue the concept drawings as paper copies or PDF files. Due to copyright issues, it is RIBA standard practice not to issue any CAD versions of drawings to clients or contractors/ subcontractors unless otherwise agreed.

(a) We both agree that the maximum total professional service liability to you for loss or damage will be limited to a maximum of the professional service fees (not goods supply) as per our fee agreement, in respect of each and every claim or series of claims arising out of the same originating cause, within an overall cap equivalent to the total professional service fees Cherish Homes have charged you.

(b) Our liability to you will expire after six years from completion of the services or, if earlier, after practical completion of the construction of the project or such earlier date as prescribed by law.

9.1 Disputes

(a) We aim to provide a very professional standard of service, but if at any time you are not satisfied, please bring the issue to our attention as soon as possible and we can discuss how to resolve the issue.

(b) We hope that we will be able to settle the matter by negotiation or mediation otherwise we agree that either of us can have the dispute decided within 21 days by an adjudicator appointed under the RIBA Consumer Adjudication scheme.

9.2 Legislation

(a) Individual architects are required to be registered with the Architects Registration Board, and are subject to its Code and the disciplinary sanction of the Architects Registration Board in relation to complaints of unacceptable professional conduct or serious professional incompetence.

(b) Any disputes that may arise between parties are to be governed by the law of England.

(c) If any part of the T&Cs is found to be unenforceable, the rest remains in effect as per normal severability rules.

(d) Force Majeure will apply if there is a circumstance under which neither party is liable for non-performance due to events beyond their control.