Copies of our current terms of business can be viewed below. If you require a copy of an earlier version, please email enquiries@thomsonbroadbent.co.uk with your case reference number or address and we will be happy to provide a copy of the terms of business relevant to your instruction.
Introduction
Professional Regulation and the RICS
Your Obligations
Data Protection
Our Fees and Charges
Your Right to Cancel
Complaints Handling Procedure
Copyright
Invoicing Arrangements
Termination
Force Majeure
Claims
Registered Office
Headings
Applicable Law
Model Cancellation Form
To: Thomson Broadbent Limited, 2 Brisbane House, Corbygate Business Park, Corby, NN17 5JG
I/We hereby give notice that I/We cancel my/our contract for the supply of the following services:
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………
Ordered on (date or last signature on Authority to Act Letter): …………………………………………………………………………………
Name(s) of consumer(s): ……………………..……………………………………………………………………………………………………
Address(es) of consumer(s): ………………………………………………………………………………………………………………………
Signature of consumer(s): ……………….…………………………………………………………………………………………………………
Date: ……………………………………
Introduction
1. These Terms of Business form part of and are incorporated into the contract between Thomson Broadbent Limited (“the Company”) and its client and should be read together with any Authority to Act that you have signed. The Company’s advice is for the benefit of its instructing client who should treat all advice as confidential and the advice may not be used or relied upon by any third party. It should not be copied or used for any purpose other than the successful achievement of a compensatory settlement. For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999, no term of this agreement shall be enforceable by a third party. If there are any conflict between these Terms of Business and the Authority to Act, then the Authority to Act will take precedence.
2. In this document, “you” or “Client” means the person or persons who are our client. “We/us/our” means Thomson Broadbent Limited, trading as Thomson Broadbent Chartered Surveyors, and its successors. “Director” means a Director of Thomson Broadbent Limited.
Professional Regulation and the RICS
3. The Company adheres to and has undertaken to observe ‘the compulsory purchase code’ of the Royal Institution of Chartered Surveyors (“RICS”). It provides balanced and professional advice which seeks to secure an equitable outcome consistent with the requirement to agree fair and reasonable compensation for a reasonable cost and within a reasonable timescale. We will on commencement of an instruction provide you with advice as to the basis of likely assessment of compensation and you agree to proceed on that basis.
4. The Company operates in accordance with the RICS Professional Statement – Surveyors advising in respect of compulsory purchase and statutory compensation (1st edition, April 2017) and the terms of that statement will apply to the way in which the Company deals with the claim. You understand that a copy of that statement can be viewed here https://www.rics.org/globalassets/rics-website/media/upholding-professional-standards/sector-standards/land/surveyors-advising-in-respect-of-compulsory-purchase-and-statutory-compensation-1st-edition-rics.pdf and a written copy is available upon request from the Company. You acknowledge that in completing its instruction form you have provided the Company with a written record as to the matters on which advice is required. A suitable record of the size, relevant features and configuration of the property will be prepared, and an inspection of the property may be required to the extent necessary to produce professionally competent advice.
Your Obligations
5. In the course of establishing the material information and collecting appropriate evidence the Company will ask you to provide evidence and/or corroborate all information material to the advice being given and where it has not been will clearly state this and advise what assumptions have been made. We will notify you on becoming aware of any material inaccuracies.
Data Protection
6. The Company is committed to respecting your privacy and protecting the data which we hold about you in accordance with the EU General Data Protection Regulation. Further information about Data Protection can be found in our privacy policy, a copy of which can be found here http://www.thomsonbroadbent.co.uk/privacy-policy/ and a written copy is available upon request from us. Personal data may be held and processed outside of the EU.
Our Fees and Charges
7. You are ultimately responsible for the payment of our fees and charges which comprises of a contingent-only success fee as agreed in your Authority to Act form. This fee is payable out of the consideration in respect of a new wayleave or easement agreement. This contingent-only success fee is intended to cover the risk that we incur by charging no up-front fees and the cost of marketing.
8. In addition to the fee referred to in clause 7, the Company also charges a surveyors’ fee which is either a fixed fee where the company has an existing agreement with the relevant Distribution Network Operator (“DNO”) or where there is no agreement our surveyors fee is calculated on a time spent basis. In accordance with industry standards, the company will seek and expect payment of our surveyors’ fee on your behalf from the DNO and being a payment which the Company is entitled under the Compensation Code does not give rise to a conflict of interest. You are ultimately responsible for the payment of this fee in accordance with RICS regulation.
9. The company reserves the right to amend, change or update its hourly rates at any time. Our current hourly rates can be viewed here www.thomsonbroadbent.co.uk/hourlyrates. Alternatively, you can contact us to request a copy.
Your Right to Cancel
10. The instruction is subject to the consumer’s right to cancel this agreement within the period 14 days (the “cooling off period”) provided by the Consumer Contracts Regulations 2013 by giving written notice. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of this contract. To exercise the right to cancel, you must inform Thomson Broadbent Limited, Unit 2 Brisbane House, Corbygate Business Park, Priors Haw Road, Corby, United Kingdom, NN17 5JG email enquiries@thomsonbroadbent.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If however you require the Company to commence work on your behalf before the end of the cooling off period, or ask the Company to seek offers of compensation on your behalf during this time, you agree that it is reasonable in those circumstances to consider that you have waived your right of cancellation from the point at which we commence working on your behalf and you do so, and in addition you agree that the Company at its discretion as an alternative charging basis will be entitled to charge at its advertised hourly rates for such work as it has conducted on your instruction during that period. Following the expiry of the cooling off period or at such earlier date as you request the Company will carry out legal searches to ascertain and review any existing rights, submit the claim and enter negotiations with the acquiring authority and the appointment will continue for the full duration of the claim process (which normally takes between twelve months and forty-eight months depending on the acquiring authority’s budgets).
Complaints Handling Procedure
11. The Company aims to provide a high standard professional service to its clients. If at any time you feel that we are not meeting this aim, we have an RICS compliant Complaints Handling Procedure (“CHP”) for such instances. A copy of which will be made available to you upon request.
Copyright
12. All copyright in all documents, images and plans we produce is owned by us. The Company permits its Clients to make copies of the documents we produce for you but they must not be distributed, modified, reused or adapted without our written consent.
Invoicing Arrangements
13. Payment of the Company’s invoices are due within 14 days. The Company reserves the right to charge interest on any unpaid sums from the date that the invoice is due up until the date of final payment. Interest will be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulation 2002.
14. All invoices shall be detailed in Great British Pound (£GBP) and shall be payable in £GBP.
Termination
15. Following the expiry of the cooling off period mentioned in 10 above, subject to clause 16, you can terminate your contract with us at any time giving 28 days written notice. Upon the Company’s receipt of written termination of this contract, the Client will be required to pay to the company any outstanding balances in respect of our fees mentioned in clause 7 and 8 of this contract within 14 days and will be responsible for seeking recovery of these fees from the Authority themselves.
16. The Company may terminate the contract at any time, for any good reason for example, if you fail to pay an invoice, a conflict of interest arises, or we reasonably believe we are unable to meet your expectations. We will endeavour, circumstances permitting, to give you reasonable notice of Termination.
Claims
17. No claim shall lie for indirect or consequential loss. Advice is provided by the Company and you agree that your redress for any claim shall lie against the Company and not its officers or employees.
Registered Office
18. The registered office of the Company is Bowden House, 36 Northampton Road, Market Harborough, Leicestershire, LE16 9HE. It is registered in England & Wales with company number 08883555.
Headings
19. Headings are inserted for the convenience of the Company and the Client and are not to be considered when interpreting this agreement.
Applicable Law
20. The agreement between the Company and its client is governed by English Law.
Introduction
1. These Terms of Business form part of and are incorporated into the contract between Thomson Broadbent Limited (“the Company”) and its client and should be read together with any Authority to Act that you have signed. The Company’s advice is for the benefit of its instructing client who should treat all advice as confidential and the advice may not be used or relied upon by any third party. It should not be copied or used for any purpose other than the successful achievement of a compensatory settlement. For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999, no term of this agreement shall be enforceable by a third party. If there are any conflict between these Terms of Business and the Authority to Act, then the Authority to Act will take precedence.
2. In this document, “you” or “Client” means the person or persons who are our client. “We/us/our” means Thomson Broadbent Limited, trading as Thomson Broadbent Chartered Surveyors, and its successors. “Director” means a Director of Thomson Broadbent Limited.
Professional Regulation and the RICS
3. The Company is regulated by the Royal Institution of Chartered Surveyors (“RICS”). Our RICS firm registration number is 788579.
4. The Company operates in accordance with the RICS Professional Statement – Surveyors advising in respect of compulsory purchase and statutory compensation (1st edition, April 2017) and the terms of that statement will apply to the way in which the Company deals with the claim. You understand that a copy of that statement can be viewed here https://www.rics.org/globalassets/rics-website/media/upholding-professional-standards/sector-standards/land/surveyors-advising-in-respect-of-compulsory-purchase-and-statutory-compensation-1st-edition-rics.pdf. A written copy is available upon request from the Company. You acknowledge that in completing its instruction form you have provided the Company with a written record as to the matters on which advice is required.
Your Obligations
5. In the course of establishing the material information and collecting appropriate evidence the Company will ask you to provide evidence and/or corroborate all information material to the advice being given, and where it has not been, will clearly state this and advise what assumptions have been made. We will notify you on becoming aware of any material inaccuracies.
Data Protection
6. The Company is committed to respecting your privacy and protecting the data which we hold about you in accordance with the EU General Data Protection Regulation. Further information about Data Protection can be found in our privacy policy, a copy of which can be found here http://www.thomsonbroadbent.co.uk/privacy-policy/ and a written copy is available upon request from us.
Our Fees and Charges
7. Upon completion of a successful claim, the Company charges a surveyor’s fee of up to £750 plus VAT depending on the complexity of the work carried out. You can expect, in line with the Land Compensation Act 1973, for this fee to be paid on your behalf by the Authority in addition to any compensation awarded to you.
8. In some instances, in addition to the fee mentioned above in (7), we charge a contingent-only success fee (please refer to your Authority to Act form). In instances where a contingent-only success fee is charged, this is normally calculated as a percentage of the consideration paid in respect of a successful Part One Claim plus VAT and is confirmed in your Authority to Act form. This fee is payable upon completion from the compensation monies received by you.
9. You are ultimately responsible for the payment of all our fees and charges if we are successful in securing an offer of compensation.
Your Right to Cancel
10. The instruction is subject to the consumer’s right to cancel this agreement within the period 14 days (the “cooling off period”) provided by the Consumer Contracts Regulations 2013 by giving written notice*. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of this contract. To exercise the right to cancel, you must inform Thomson Broadbent Limited, Unit 2 Brisbane House, Corbygate Business Park, Priors Haw Road, Corby, United Kingdom, NN17 5JG email enquiries@thomsonbroadbent.co.uk of your decision to cancel this contract by a clear written statement (e.g. a letter sent by post or e-mail containing your case reference number and the address to which the instruction relates). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If however you require the Company to commence work on your behalf before the end of the cooling off period, or ask the Company to seek offers of compensation on your behalf during this time, you agree that it is reasonable in those circumstances to consider that you have waived your right of cancellation from the point at which we commence working on your behalf and you do so, and in addition you agree that the Company at its discretion as an alternative charging basis will be entitled to charge at its advertised hourly rates for such work as it has conducted on your instruction during that period. Following the expiry of the cooling off period or at such earlier date as you request, provided that the scheme status is ‘Open Past First Claim Date, the Company will submit the claim and enter negotiations with the acquiring authority and the appointment will continue for the full duration of the claim process. Legislation allows claims to take up to 6 years (5 years in Scotland) from the first claim date to complete. However, in our experience, following the first claim date and depending on the acquiring authority’s budgets, this process usually takes up to 36 months.
Complaints Handling Procedure
11. The Company aims to provide a high standard professional service to its clients. If at any time you feel that we are not meeting this aim, we have an RICS compliant Complaints Handling Procedure (“CHP”) for such instances. A copy of which will be made available to you upon request.
Copyright
12. All copyright in all documents, images and plans we produce is owned by us. The Company permits its Clients to make copies of the documents we produce for you, but they must not be distributed, modified, reused or adapted without our written consent.
Invoicing Arrangements
13. Payment of the Company’s invoices are due within 14 days. The Company reserves the right to charge interest on any unpaid sums from the date that the invoice is due up until the date of final payment. Interest will be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulation 2002.
14. All invoices shall be detailed in Great British Pound (£GBP) and shall be payable in £GBP.
Termination
15. Following the expiry of the cooling off period mentioned in 10 above, you can terminate your contract with us at any time giving 28 days written notice. Upon the Company’s receipt of written termination of this contract, if the Company has already submitted a claim on your behalf, you are required to pay to the Company an administrative fee of £100 + VAT within 14 days of termination.
16. The Company may terminate the contract at any time, for any good reason for example, if you fail to pay an invoice, a conflict of interest arises, or we reasonably believe we are unable to meet your expectations. We will endeavour, circumstances permitting, to give you reasonable notice of Termination. In this event, the Company will make no charges to you.
Claims
17. No claim shall lie for indirect or consequential loss. Advice is provided by the Company and you agree that your redress for any claim shall lie against the Company and not its officers or employees.
Registered Office
18. The registered office of the Company is Bowden House, 36 Northampton Road, Market Harborough, Leicestershire, LE16 9HE. It is registered in England & Wales with company number 10167479.
Headings
19. Headings are inserted for the convenience of the Company and the Client and are not to be considered when interpreting this agreement.
Applicable Law
20. The agreement between the Company and its client is governed by English Law.
Introduction
1. These Terms of Business form part of and are incorporated into the contract between Thomson Broadbent Property Compensation Limited (“the Company”) and its client and should be read together with any Authority to Act that you have signed. The Company’s advice is for the benefit of its instructing client who should treat all advice as confidential and the advice may not be used or relied upon by any third party. It should not be copied or used for any purpose other than the successful achievement of a compensatory settlement. For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999, no term of this agreement shall be enforceable by a third party. If there are any conflict between these Terms of Business and the Authority to Act, then the Authority to Act will take precedence.
2. In this document, “you” or “Client” means the person or persons who are our client. “We/us/our” means Thomson Broadbent Property Compensation Limited, trading as Thomson Broadbent Chartered Surveyors, and its successors. “Director” means a Director of Thomson Broadbent Property Compensation Limited.
Professional Regulation and the RICS
3. The Company adheres to and has undertaken to observe ‘the compulsory purchase code’ of the Royal Institution of Chartered Surveyors (“RICS”). It provides balanced and professional advice which seeks to secure an equitable outcome consistent with the requirement to agree fair and reasonable compensation for a reasonable cost and within a reasonable timescale. We will on commencement of an instruction provide you with advice as to the basis of likely assessment of compensation and you agree to proceed on that basis.
4. The Company operates in accordance with the RICS Professional Statement – Surveyors advising in respect of compulsory purchase and statutory compensation (1st edition, April 2017) and the terms of that statement will apply to the way in which the Company deals with the claim. You understand that a copy of that statement can be viewed here https://www.rics.org/globalassets/rics-website/media/upholding-professional-standards/sector-standards/land/surveyors-advising-in-respect-of-compulsory-purchase-and-statutory-compensation-1st-edition-rics.pdf and a written copy is available upon request from the Company. You acknowledge that in completing its instruction form you have provided the Company with a written record as to the matters on which advice is required. A suitable record of the size, relevant features and configuration of the property will be prepared, and an inspection of the property may be required to the extent necessary to produce professionally competent advice.
Your Obligations
5. In the course of establishing the material information and collecting appropriate evidence the Company will ask you to provide evidence and/or corroborate all information material to the advice being given and where it has not been will clearly state this and advise what assumptions have been made. We will notify you on becoming aware of any material inaccuracies.
Data Protection
6. The Company is committed to respecting your privacy and protecting the data which we hold about you in accordance with the EU General Data Protection Regulation. Further information about Data Protection can be found in our privacy policy, a copy of which can be found here http://www.thomsonbroadbent.co.uk/privacy-policy/ and a written copy is available upon request from us. Personal data may be held and processed outside of the EU.
Our Fees and Charges
7. You are ultimately responsible for the payment of our fees and charges which comprises of a contingent-only success fee as agreed in your Authority to Act form. This fee is payable out of the consideration in respect of a new wayleave or easement agreement. This contingent-only success fee is intended to cover the risk that we incur by charging no up-front fees and the cost of marketing.
8. In addition to the fee referred to in clause 7, the Company also charges a surveyors’ fee which is either a fixed fee where the company has an existing agreement with the relevant Distribution Network Operator (“DNO”) or where there is no agreement our surveyors fee is calculated on a time spent basis. In accordance with industry standards, the company will seek and expect payment of our surveyors’ fee on your behalf from the DNO and being a payment which the Company is entitled under the Compensation Code does not give rise to a conflict of interest. You are ultimately responsible for the payment of this fee in accordance with RICS regulation.
9. The company reserves the right to amend, change or update its hourly rates at any time. Our current hourly rates can be viewed here www.thomsonbroadbent.co.uk/hourlyrates. Alternatively, you can contact us to request a copy.
Your Right to Cancel
10. The instruction is subject to the consumer’s right to cancel this agreement within the period 14 days (the “cooling off period”) provided by the Consumer Contracts Regulations 2013 by giving written notice. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of this contract. To exercise the right to cancel, you must inform Thomson Broadbent Property Compensation Limited, Unit 2 Brisbane House, Corbygate Business Park, Priors Haw Road, Corby, United Kingdom, NN17 5JG email enquiries@thomsonbroadbent.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If however you require the Company to commence work on your behalf before the end of the cooling off period, or ask the Company to seek offers of compensation on your behalf during this time, you agree that it is reasonable in those circumstances to consider that you have waived your right of cancellation from the point at which we commence working on your behalf and you do so, and in addition you agree that the Company at its discretion as an alternative charging basis will be entitled to charge at its advertised hourly rates for such work as it has conducted on your instruction during that period. Following the expiry of the cooling off period or at such earlier date as you request the Company will carry out legal searches to ascertain and review any existing rights, submit the claim and enter negotiations with the acquiring authority and the appointment will continue for the full duration of the claim process (which normally takes between twelve months and forty-eight months depending on the acquiring authority’s budgets).
Complaints Handling Procedure
11. The Company aims to provide a high standard professional service to its clients. If at any time you feel that we are not meeting this aim, we have an RICS compliant Complaints Handling Procedure (“CHP”) for such instances. A copy of which will be made available to you upon request.
Copyright
12. All copyright in all documents, images and plans we produce is owned by us. The Company permits its Clients to make copies of the documents we produce for you but they must not be distributed, modified, reused or adapted without our written consent.
Invoicing Arrangements
13. Payment of the Company’s invoices are due within 14 days. The Company reserves the right to charge interest on any unpaid sums from the date that the invoice is due up until the date of final payment. Interest will be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulation 2002.
13. All invoices shall be detailed in Great British Pound (£GBP) and shall be payable in £GBP.
Termination
14. Following the expiry of the cooling off period mentioned in 10 above, subject to clause 16, you can terminate your contract with us at any time giving 28 days written notice. Upon the Company’s receipt of written termination of this contract, the Client will be required to pay to the company any outstanding balances in respect of our fees mentioned in clause 7 and 8 of this contract within 14 days and will be responsible for seeking recovery of these fees from the Authority themselves.
15. The Company may terminate the contract at any time, for any good reason for example, if you fail to pay an invoice, a conflict of interest arises, or we reasonably believe we are unable to meet your expectations. We will endeavour, circumstances permitting, to give you reasonable notice of Termination.
Claims
16. No claim shall lie for indirect or consequential loss. Advice is provided by the Company and you agree that your redress for any claim shall lie against the Company and not its officers or employees.
Registered Office
17. The registered office of the Company is Bowden House, 36 Northampton Road, Market Harborough, Leicestershire, LE16 9HE. It is registered in England & Wales with company number 08883555.
Headings
18. Headings are inserted for the convenience of the Company and the Client and are not to be considered when interpreting this agreement.
Applicable Law
19. The agreement between the Company and its client is governed by English Law.
Introduction
1. These Terms of Business form part of and are incorporated into the contract between Thomson Broadbent Limited (“the Company”) and its client and should be read together with any Authority to Act that you have signed. The Company’s advice is for the benefit of its instructing client who should treat all advice as confidential and the advice may not be used or relied upon by any third party. It should not be copied or used for any purpose other than the successful achievement of a compensatory settlement. For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999, no term of this agreement shall be enforceable by a third party. If there are any conflict between these Terms of Business and the Authority to Act, then the Authority to Act will take precedence.
2. In this document, “you” or “Client” means the person or persons who are our client. “We/us/our” means Thomson Broadbent Limited, trading as Thomson Broadbent Chartered Surveyors, and its successors. “Director” means a Director of Thomson Broadbent Limited.
Professional Regulation and the RICS
3. The Company is regulated by the Royal Institution of Chartered Surveyors (“RICS”). Our RICS firm registration number is 788579.
4. The Company operates in accordance with the RICS Professional Statement – Surveyors advising in respect of compulsory purchase and statutory compensation (1st edition, April 2017) and the terms of that statement will apply to the way in which the Company deals with the claim. You understand that a copy of that statement can be viewed here https://www.rics.org/globalassets/rics-website/media/upholding-professional-standards/sector-standards/land/surveyors-advising-in-respect-of-compulsory-purchase-and-statutory-compensation-1st-edition-rics.pdf. A written copy is available upon request from the Company. You acknowledge that in completing its instruction form you have provided the Company with a written record as to the matters on which advice is required.
Your Obligations
5. In the course of establishing the material information and collecting appropriate evidence the Company will ask you to provide evidence and/or corroborate all information material to the advice being given and where it has not been will clearly state this and advise what assumptions have been made. We will notify you on becoming aware of any material inaccuracies.
Data Protection
6. The Company is committed to respecting your privacy and protecting the data which we hold about you in accordance with the EU General Data Protection Regulation. Further information about Data Protection can be found in our privacy policy, a copy of which can be found here http://www.thomsonbroadbent.co.uk/privacy-policy/ and a written copy is avalible upon request from us.
Our Fees and Charges
7. Upon completion of a successful claim, the Company charges a surveyor’s fee of up to £750 plus VAT depending on the complexity of the work carried out. You can expect, in line with the Land Compensation Act 1973, for this fee to be paid on your behalf by the Authority in addition to any compensation awarded to you.
8. In some instances, in addition to the fee mentioned above in (7), we charge a contingent-only success fee (please refer to your Authority to Act form). In instances where a contingent-only success fee is charged, this is normally calculated as a percentage of the consideration paid in respect of a successful Part One Claim plus VAT and is confirmed in your Authority to Act form. This fee is payable upon completion from the compensation monies received by you.
9. You are ultimately responsible for the payment of all our fees and charges if we are successful in securing an offer of compensation.
Your Right to Cancel
10. The instruction is subject to the consumer’s right to cancel this agreement within the period 14 days (the “cooling off period”) provided by the Consumer Contracts Regulations 2013 by giving written notice*. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of this contract. To exercise the right to cancel, you must inform Thomson Broadbent Limited, Unit 2 Brisbane House, Corbygate Business Park, Priors Haw Road, Corby, United Kingdom, NN17 5JG email enquiries@thomsonbroadbent.co.uk of your decision to cancel this contract by a clear written statement (e.g. a letter sent by post or e-mail containing your case reference number and the address to which the instruction relates). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If however you require the Company to commence work on your behalf before the end of the cooling off period, or ask the Company to seek offers of compensation on your behalf during this time, you agree that it is reasonable in those circumstances to consider that you have waived your right of cancellation from the point at which we commence working on your behalf and you do so, and in addition you agree that the Company at its discretion as an alternative charging basis will be entitled to charge at its advertised hourly rates for such work as it has conducted on your instruction during that period. Following the expiry of the cooling off period or at such earlier date as you request, provided that the scheme status is ‘Open Past First Claim Date, the Company will submit the claim and enter negotiations with the acquiring authority and the appointment will continue for the full duration of the claim process. Legislation allows claims to take up to 6 years (5 years in Scotland) from the first claim date to complete. However, in our experience, following the first claim date and depending on the acquiring authority’s budgets, this process usually takes up to 36 months.
Complaints Handling Procedure
11. The Company aims to provide a high standard professional service to its clients. If at any time you feel that we are not meeting this aim, we have an RICS compliant Complaints Handling Procedure (“CHP”) for such instances. A copy of which will be made available to you upon request.
Copyright
12. All copyright in all documents, images and plans we produce is owned by us. The Company permits its Clients to make copies of the documents we produce for you, but they must not be distributed, modified, reused or adapted without our written consent.
Invoicing Arrangements
13. Payment of the Company’s invoices are due within 14 days. The Company reserves the right to charge interest on any unpaid sums from the date that the invoice is due up until the date of final payment. Interest will be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulation 2002.
14. All invoices shall be detailed in Great British Pound (£GBP) and shall be payable in £GBP.
Termination
15. Following the expiry of the cooling off period mentioned in 10 above, you can terminate your contract with us at any time giving 28 days written notice. Upon the Company’s receipt of written termination of this contract, if the Company has already submitted a claim on your behalf, you are required to pay to the Company an administrative fee of £100 + VAT within 14 days of termination.
16. The Company may terminate the contract at any time, for any good reason for example, if you fail to pay an invoice, a conflict of interest arises, or we reasonably believe we are unable to meet your expectations. We will endeavour, circumstances permitting, to give you reasonable notice of Termination. In this event, the Company will make no charges to you.
Claims
17. No claim shall lie for indirect or consequential loss. Advice is provided by the Company and you agree that your redress for any claim shall lie against the Company and not its officers or employees.
Registered Office
18. The registered office of the Company is Bowden House, 36 Northampton Road, Market Harborough, Leicestershire, LE16 9HE. It is registered in England & Wales with company number 10167479.
Headings
19. Headings are inserted for the convenience of the Company and the Client and are not to be considered when interpreting this agreement.
Applicable Law
20. The agreement between the Company and its client is governed by English Law.
If you require a copy of the Terms of Business relevant to your instruction to us and they are not available here, please email cases@thomsonbroadbent with your full name, case reference number (if you have it) and the full address of the property the instruction related to.
THOMSON BROADBENT LIMITED
2 Brisbane House
Corbygate Business Park
Priors Haw Road
Corby
NN17 5JG
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