TERMS OF BUSINESS
Terms of Business.
1. Introduction
This is Blue Light Safety Limited (the company) Terms of Business statement that, unless varied in writing, sets out the basis on which the company agree to undertake work for you. We provide an effective professional service and encourage you to recommend our services to others. If you have any reason to be dissatisfied, please let us know and we will remedy any omissions or misunderstandings.
2. Engagement Letter
At the beginning of a transaction, we will send you a Quotation confirming your instructions. This will incorporate, by reference, these Terms of Business.
3. People responsible for your work
The Quotation may specify the person undertaking work for you. Please contact the person responsible at any time with enquiries or further instructions.
4. Scope of work carried out
We shall not be responsible for any failure to advise on matters that fall outside the scope of your instructions to us.
Advice rendered by us is provided for the purpose of the instructions to which it relates and for your benefit. It may not be used or relied on for any other purpose or by any person other than you without the prior agreement of Blue Light Safety Limited.
5. Complaints
Any complaint should first be addressed to the person undertaking the work for you. If you remain dissatisfied, please contact the Commercial Director, Daniel Smith.
6. Charges and Expenses
The only fees payable are those based on the traditional method of charging for time spent dealing with your work. The daily rate for the consultant involved is set out in the Quotation and rates are subject to periodic review.
Any estimate is given only as a guide to assist you in budgeting and should not be regarded as a firm quotation unless otherwise agreed in writing.
Other factors can also affect our charges such as the complexity of the issue, any specialist advice required and the speed of the transaction. We will always discuss these factors with you beforehand.
7. VAT and Disbursements
Our costs are calculated exclusive of VAT and disbursements. Disbursements are items of expenditure that we may incur on your behalf and will be passed on to you.
8. Property in Goods
A) Goods supplied
On delivery of the goods the same shall remain in our property and beneficial ownership until payment of the contract value of those goods is received by us.
B) Installations
The property in goods which are installed by us shall pass to you upon the practical completion of the installation is determined by us. When an installation is partially completed but cannot, in our opinion, be fully completed owing to your request or for any other reason outside of our control the property in the goods will pass to you when we certify in writing that, owing to the circumstances, we are unable to complete the installation. Such a certificate shall also state the amount payable by you which shall be calculated on a pro-rate basis of the original price as determined by us.
C) Risk
The risk in goods supplied to us shall pass to you upon delivery and you shall also be responsible for insurance thereof from the time of delivery.
9. Payment
It is our practice to ask clients to make a deposit payment of 60% of the quoted amount prior to the commencement of the project. With the 40% remaining amount being invoiced upon completion of installation, commissioning certificates will be issued upon receipt of the 40% balance payment.
We reserve the right to charge interest on amounts that are not paid within thirty days of presentation at 4% above LIBOR base rate.
We reserve the right to suspend work or to decline to act if our costs are not paid. Where a transaction upon which you have instructed us proves to be abortive you will remain responsible to pay for the work undertaken.
If you fail to make payment within the time allowed for payment of any amount due under any contract with us, we shall be entitled: to suspend work and/or delivery of any goods and/or remove any goods delivered or installed which are the subject of all or any of such contracts but such suspension shall not in any respect release you from your obligations under such contracts and we shall be entitled to add to the price payable for such goods the increased costs resulting from the suspension.
10. Fixed Fees
For certain clearly defined transactions we may agree a fixed fee with you. The Quotation will set out the precise scope of the transaction for which the fixed fee is agreed. If additional instructions are subsequently given or the nature of the transaction should prove to be different from that for which we have quoted, then we will discuss with you any additional fee payable.
11. Confidentiality and conflicts
All information regarding your affairs will be regarded as, and kept, confidential at all times unless you instruct us to disclose information or we are compelled to disclose it by law, for example where fraud, tax evasion or other crime is suspected.
If any conflict between your interests and the interests of another client of the firm arises during the course of a matter, we will discuss the position with you and agree the appropriate course of action. In order to protect your interests our professional rules may require us to stop acting for you on that matter.
12. File storage
Files, receipts, and other papers relating to your affairs will be stored for such time as we judge reasonable or for such time as we are required to do so after which we may destroy them. Such files or papers may be preserved electronically or by other means of image processing.
13. E-mail Communications
We will often use e-mail for communication with you unless you tell us not to. There are some specific points of which you should be aware:
13.1 Communications over the Internet are not completely secure and you will have to guide us as to what should and should not be sent over the Internet.
13.2 Viruses or other harmful devices may be spread over the Internet and we take reasonable precautions to prevent these problems. If we are to communicate by e-mail it is on the basis that you will do likewise.
14. Associates
These terms shall apply to you and your associates which, for the purposes of these same terms, includes all companies which you control, or, if you are a company forming part of a group, all companies in that group.
Acceptance by Blue Light Safety Limited to act on behalf of a Limited Liability Company or Partnership is on the basis that the Directors or Partners guarantee that they will be responsible for our costs and disbursements. Further, any Director or Partner instructing us must be authorised by their fellow Directors or Partners to give instructions on their behalf.
15. Jurisdiction
These Terms of Business and any dealings between us shall be governed by and construed in accordance with English law. The High Court of England and Wales shall have exclusive jurisdiction to settle any dispute, which may arise between us. You and Blue Light Safety Limited irrevocably agree to submit to the jurisdiction of the High Court in England and Wales.