These terms of business form the basis of the agreement between you and Bruton Knowles.
The basis on which we will charge is that agreed with you at the outset of our undertaking work for you. Where fees are based on the time spent by our employees, you will be notified of the applicable fee rates for the staff concerned. Fee rates are revised periodically and we will notify you of any changes. Fee rates are calculated on a standard day of 7.5 hours and a 5-day week, excluding public holidays. Where you require work to be undertaken outside these hours, a premium to the usual fee rates for the staff concerned may apply and you will be notified of this.
Persons Responsible for your Work
We will inform you of the individual responsible for your instruction, and you will be informed of any changes.
You agree not to offer employment to any Bruton Knowles Partner or employee who is undertaking work for you or to use the services of any such employee as a consultant, either independently or via a third party for a period of six months following the completion of any work by the employee for you. If this condition is breached you agree to pay us liquidated damages equivalent to 4 months’ fees at the employee’s notified fee rate.
Invoices are payable on receipt and we reserve the right to charge interest on overdue amounts in accordance with The Late Payment of Commercial Debts Regulations 2013.
Any payments made on your behalf (disbursements) will be charged to you as they are incurred or when you are next invoiced. Disbursements may include a charge for fax, telephone calls, photocopying, information and other office services provided.
All our fees and expenses are subject to VAT unless zero rating or exemption applies.
We will keep confidential all information you pass to us and the contents of all our reports, advice and recommendations to you except as authorised by you or as required by law. We will assume, unless you inform us to the contrary, that where we are working for you together with other professional advisors that we may disclose any relevant aspect of your affairs to them. Unless you inform us to the contrary we shall also assume that you are content for us to refer to you in any proposal or similar submission we may make to potential clients. You agree to keep confidential any methodologies and technology we use in undertaking work for you except in so far as they are already in the public domain.
We continue to own all intellectual property rights created by us in the course of working for you after the work has been completed.
Papers Held by Bruton Knowles
Following the completion of any work for you and payment of our fees, we will return to you, at your request, any documents you have provided to us in connection with the completed work and any other papers to which you are entitled. We do not undertake to keep files for a specific period of time but these will generally be retained by us for a minimum of six years. After this time we reserve the right to arrange for their destruction.
Proposals are valid for 28 days from the date of issue, unless otherwise indicated.
Commencement and Termination
If we have already started work (for example by gathering information, project planning or giving initial advice) then you agree that this contract applies retrospectively from the start of our work. The engagement will continue in force until terminated by either party. The relationship may be terminated immediately if either of us is in material default or breach of any of its obligations to the other, or if any distress or execution is levied upon you or if you enter into any negotiations for arrangement or composition with your creditors or commit any act of bankruptcy or if any petition of bankruptcy is presented against you, or if you are deemed to be unable to pay your debts as they fall due. If the relationship is terminated for any of these reasons, you will be responsible for both our fees and disbursements up to and including the date the relationship is terminated as well as any fees incurred by us in connection with the termination of this Agreement.
We will undertake work for you with all reasonable skill and care. We will not be under any liability for any failure to perform any of our obligations due to an act of God, war, terrorism, riots, strikes and trade disputes, lock-outs, fires, breakdowns, mechanical failures, disruption of energy supplies, interruption of transport, government action or any other cause whatsoever outside our control which affects our business.
Bruton Knowles operates separate complaints procedures for commercial and consumer clients. Details of these procedures are available on request. The redress mechanism applicable to the procedure in respect of commercial clients is The Surveyors Arbitration Scheme, IDRS Limited, and the mechanism applicable to consumer clients is the Ombudsman Service: Property. Full contact details for each of these bodies are set out in the appropriate complaints procedure.
Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English Courts.
Registered Business Address
Please address all correspondence to
Green Farm Business Park
Call 01452 880000