Terms of Service
- Last updated
- 2026-05-22
- Version
- 1.0
- Business
- FM Structural
- Trading status
- Sole trader, transitioning to limited company
- Correspondence address
- 14 Castle Lane, S44 6PS
- Governing law
- England and Wales
- Contact email
- info@fmstructural.co.uk
- ICO
- ICO registration/application reference: C1940133. The public registration number will be updated once confirmed.
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These Terms of Service apply to professional structural engineering consultancy services provided by FM Structural.
By instructing FM Structural, placing an online buy-now order, accepting a quotation, making a payment, or using our services, you agree to these Terms.
About FM Structural
FM Structural is a structural engineering consultancy providing professional structural engineering services to domestic and trade clients.
Trading status: Sole trader, transitioning to limited company.
Correspondence address: 14 Castle Lane, S44 6PS.
Governing law: England and Wales.
Services
Our services may include structural calculations, reports, drawings, sketches, markups, specifications, Building Control responses and written engineering advice.
We provide services through online buy-now instructions and bespoke enquiries. The agreed scope of service depends on the service selected, the quotation issued, or the written instructions accepted.
Standard of care
We will perform the services with reasonable care and skill expected of an appropriately competent structural engineering consultant providing similar services.
Unless expressly agreed in writing, we do not warrant that any particular design solution, approval, cost outcome, programme, contractor method or Building Control decision will be achieved.
No fitness-for-purpose guarantee
Our services are provided using reasonable skill and care. We do not accept any fitness-for-purpose obligation, strict liability obligation, or guarantee of a particular outcome unless expressly agreed in writing.
Client responsibilities
The client is responsible for providing accurate and complete information, including dimensions, drawings, sketches, photographs, existing layout information, proposed layout information, site constraints and any known structural issues.
We may rely on information supplied by the client, architect, builder, contractor, surveyor or other third party unless we have expressly agreed to verify that information ourselves.
Clear and obvious assumptions
Where we are not instructed to undertake a site visit, opening-up works or invasive investigation, we will proceed on reasonable engineering assumptions based on the information provided.
Unless we are told otherwise in writing before design work begins, we may assume, for example, that:
- an external double-leaf wall is load-bearing;
- an internal single-leaf partition shown without further structural information is non-load-bearing studwork;
- existing supports, walls, beams, foundations and bearing surfaces are adequate unless visible or supplied information indicates otherwise;
- dimensions, spans, wall thicknesses and layouts provided by the client or their agents are accurate;
- hidden structural elements, concealed defects, foundations, ground conditions and previous alterations are not known to us unless disclosed.
If an internal single-leaf wall is in fact load-bearing masonry extending down to foundation level, or if any other non-obvious condition exists, the client must tell us before design work begins.
Site visits and inspections
A site visit, inspection, survey, trial hole, opening-up work or invasive investigation is only included where expressly stated in our quotation or written scope.
Where a site visit is included, it is a visual inspection only unless the scope expressly includes opening-up works, trial holes or invasive investigation. We cannot verify hidden construction, concealed defects, foundations, ground conditions, embedded steelwork, covered beams, previous alterations or matters concealed within the building fabric unless these are exposed and included within the agreed scope.
Buy-now services
For online buy-now instructions, the client selects a defined service package and supplies the required project information. FM Structural manually reviews the information and prepares the project-specific deliverables.
The buy-now route does not include a site visit unless expressly stated. If we consider that we cannot safely complete the design based on the information supplied, we may request further information, recommend a bespoke service, or cancel and refund the order.
Bespoke services
For bespoke enquiries, the scope, fee, deliverables, timescale, payment stages and any site visit or inspection requirements will be set out in the quotation or written proposal.
If the quotation conflicts with these Terms, the quotation takes priority only for the specific matter it expressly changes.
Building Control queries
We will answer reasonable Building Control queries relating to our issued deliverables for 90 days from issue, unless otherwise agreed.
This does not include redesign caused by changes to the client's brief, incorrect client-supplied information, site conditions that differ from those disclosed, contractor changes, or additional work outside the original scope.
Intellectual property and use of deliverables
FM Structural retains copyright and all intellectual property rights in all calculations, drawings, reports, sketches, markups, specifications, written advice and other deliverables produced by us.
Subject to full payment, the client is granted permission to use and rely on the deliverables only for the specific project and property for which they were prepared.
The deliverables must not be reused, transferred, sold, copied, modified, adapted or relied upon for any other property, project, extension, alteration or purpose without our written agreement.
No third party may rely on the deliverables unless we expressly agree in writing.
Third-party rights and reliance
The contract is between FM Structural and the client only.
No contractor, neighbour, purchaser, future owner, lender, insurer, tenant, landlord, architect, builder, Building Control body or other third party may rely on the deliverables unless FM Structural expressly agrees in writing.
The Contracts (Rights of Third Parties) Act 1999 does not give any third party the right to enforce these Terms.
Liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot legally be excluded or limited.
Subject to the above, FM Structural's liability for minor service issues, delay, administrative errors or non-structural issues shall not exceed the fee paid for the relevant service.
For claims arising from professional negligence or structural design liability, FM Structural's aggregate liability shall be limited to the level of Professional Indemnity insurance available for the relevant claim, currently £2,000,000, subject to policy terms, exclusions and the extent to which such limitation is enforceable by law.
FM Structural shall not be liable for losses arising from inaccurate client-supplied information, undisclosed site conditions, hidden defects, concealed construction, changes made by others, contractor workmanship, construction sequencing, temporary works, or use of our deliverables outside the agreed project and property.
FM Structural's liability shall be limited to the proportion of loss that is just and equitable having regard to the extent of FM Structural's responsibility compared with the responsibility of contractors, subcontractors, consultants, clients and other parties.
Cancellation and refunds
Cancellation and refund rights are set out in our Refunds & Cancellations Policy.
For online buy-now services, the client may be asked to expressly request that FM Structural starts work during the 14-day cancellation period. Once the services have been fully performed and the project deliverables have been issued, the cancellation right may be lost in accordance with applicable consumer law.
Privacy
We process personal data in accordance with our Privacy Policy and Cookie Policy.
Governing law
These Terms are governed by the law of England and Wales. The courts of England and Wales shall have jurisdiction, subject to any mandatory consumer rights that apply.