Our Terms and Conditions are listed below and in such terms and
conditions all references to ‘PDJA’ shall be taken to
mean Peter D Jones Associates, Chartered Surveyors,
of 184 Copse Hill, Wimbledon, London SW20 0SP, and whose
hours of business are between 9:30 am and 5:30 pm Mondays
to Fridays. These terms and conditions indicate the basis on which
PDJA carries out Professional Services on behalf of their Clients.
| 1. |
PDJA charges a standard hourly rate of £165
per hour divided into six-minute units. This rate
does not include VAT, which will be added when an invoice is
prepared. Our hourly rate is reviewed annually on 01 April. |
| 2. |
The Client shall pay all fees due to PDJA within 14 days of
the date of invoice and shall pay any VAT due. The Client shall
not be entitled to make any deductions or set-off in respect
of any other claim. Interest at 4% above the base lending rate
of Barclays Bank will be charged for each complete period of
24 hours up to the time payment is received if the payment is
made after 14 days from the date of invoice. |
| 3. |
Invoices shall be issued at intervals as and when definitive
stages of PDJA's services have been completed or in advance
of certain work stages where this is confirmed by us separately
in writing. Where money is received from the Client
as payment in advance for work yet to be undertaken or completed,
this money will not be paid into a client account and the Royal
Institution of Chartered Surveyors Clients' Money Protection
Scheme will not apply. With regard to survey reports,
the fees for such services are to be paid in full before the
release of the survey report or reports. Fees for call out visits
to a commercial or residential property at the request of the
Client and not forming part of another on going service provided
to the Client and which involves giving verbal professional
advice and/or opinion, shall be payable by the Client at the
time of the visit. A booked survey or call out visit cancelled
less than 24 hours before the survey or call out visit is due
to be carried out, will remain payable in full by the client,
which shall be paid in accordance with clause 2. |
| 4. |
The specified fees do not include, and PDJA shall be entitled
to payment and to reimbursement of, any expenses and disbursements
incurred for any additional work not previously specified,
including (but not limited to) work arising out of or in connection
with:-
- changes in the scope or the timing of the works undertaken
by the Client, whether or not caused by changes of instructions
of the Client, or other professional adviser;
- delay, defective performance or insolvency of the Client,
or other professional adviser, or any contractor or supplier;
- contested claims;
- tax claims;
- insurance claims.
|
| |
Payment for such additional work shall be based upon our
firm’s standard hourly rate. |
| 5. |
All instructions of the Client to PDJA with regard to PDJA's
services (including instructions to vary, add to or suspend
the services) shall be given to PDJA in writing or if given
orally shall be confirmed in writing within 7 days. |
| 6. |
The Client shall promptly, upon request by PDJA, convey to
PDJA any decision or information that PDJA considers necessary
for the proper performance of PDJA's services. |
| 7. |
It shall be sufficient service of any written notice or other
communication to send it by first class post to the Client’s
current and/or registered address or their last known address,
and:-
- any notice or communication posted on a Monday or Tuesday
shall be deemed served on the following Thursday;
- any notice or communication posted on a Wednesday or
Thursday shall be deemed served on the following Tuesday;
- any notice or communication posted on a Friday, Saturday
or Sunday shall be deemed served on the following Wednesday.
|
| 8. |
Service may be effected by courier and shall be deemed to
have been effected on delivery by the courier to the Client’s
current and/or registered address, or their last known address. |
| 9. |
Service
of any written notice or other communication may be effected
by fax or e-mail and shall be deemed to have
been effected on transmission of the fax or e-mail to the
Client’s
last known fax number or e-mail address. |
| 10. |
Neither Party may assign or transfer all or part of these
terms and conditions without the written consent of the other. |
| 11. |
Without prejudice to the accrued rights of either party these
terms and conditions shall be ineffective and performance of
PDJA's services shall terminate immediately upon the death
of Peter D Jones. |
| 12. |
If performance of PDJA's services has been suspended
or terminated:-
- PDJA shall be entitled to send an invoice to the Client
for all outstanding fees earned by PDJA for the services
PDJA performed (whether wholly or in part), all expenses
and other disbursements incurred, and VAT due;
- The Client shall compensate PDJA for all subsequent and
consequential expenses and disbursements incurred or properly
to be incurred (including but not limited to the cost of
engaging, redeploying or dismissing staff), and VAT due,
unless PDJA's services have been terminated on account
of a repudiatory breach of these terms and conditions by
PDJA or on the death of Peter D Jones.
|
| 13. |
PDJA shall be entitled to payment under 12 (a) and (b) above
in accordance with Clause 2. |
| 14. |
Unless otherwise agreed in writing, PDJA shall retain copyright
in and ownership of all documents prepared by PDJA. |
| 15. |
PDJA shall perform the services with reasonable skill, care
and diligence, but:-
- no liability shall attach to PDJA in respect of PDJA's
Services except such liability as ought to be covered by
PDJA's Professional Indemnity Insurance.
- such liability shall be limited to the sum insured of
£1,000,000 each and every claim.
|
| 16. |
No liability shall attach to PDJA 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 PDJA and
PDJA shall not be liable to indemnify the Client in respect
of any claim made against the Client for any such loss injury
or damage. |
| 17. |
Any dispute or complaint between the client and PDJA relating
to PDJA's professional services, carried out on behalf
of the client shall be dealt with in accordance with PDJA's
complaints handling procedure; a copy of PDJA's procedure
for complaints handling is available on request. |
| 18. |
All work undertaken (including written or verbal advice) by
PDJA for the Client shall be for the private and confidential
use of the Client only and should not be reproduced in whole
or in part or relied upon by third parties for any use whatsoever
without the express written authority of PDJA. |
| 19. |
Unless otherwise agreed, and subject to the then current fees,
these terms and conditions of business shall apply to any future
instructions given by the client to PDJA. |
| 20. |
These terms of business are deemed to be accepted by the
Client by virtue of the Client’s engagement of our services
whether verbally or in writing. |
| 21. |
These terms of business are governed by the law of England
and Wales and are subject to the exclusive jurisdiction of
the courts of England and Wales.
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