Terms of Business 2019-02-08T11:08:12+00:00

Terms of Business

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

  1. 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.
  2. 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

  1. 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

  1. 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 overleaf.

Our Fees and Charges

  1. You are ultimately responsible for the payment of our fees and charges which comprise of a contingent-only success fee as agreed in your signed Authority to Act form. This fee is payable out of the consideration in respect of a new wayleave or easement agreement. The Client bears ultimate responsibility for the payment of fees upon completion.
  2. In addition to the fee referred to in (7), upon completion of a new wayleave or easement agreement, the Company also charges a surveyor’s fee of up to £400 plus VAT for a wayleave or up to £700 plus VAT for an easement depending upon the complexity of the work carried out. The Company will seek payment of the surveyor’s fee by the electricity company in accordance with industry standards and being a payment to which the Company is entitled under industry standards does not itself give rise to a conflict of interest.

Your Right to Cancel

  1. 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 in the form below*. 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, Prior 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). You may use the model cancellation form* below, but it is not obligatory. 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 six months and thirty-six months depending on the acquiring authority’s budgets).

Complaints Handling Procedure

  1. 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 complaint Complaints Handling Procedure (“CHP”) for such instances. A copy of which will be made avalible to you upon request.

Copyright

  1. 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

  1. 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.
  2. All invoices shall be detailed in Great British Pound (£GBP) and shall be payable in £GBP.

Termination

  1. Following the expiry of the cooling off period mentioned in 8 above, subject to clause 15 the contract will continue until completion of the matter.
  2. The Company may terminate the contact 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

  1. 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

  1. 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

  1. Heading are inserted for the convenience of the Company and the Client and are not to be considered when interpreting this agreement.

Applicable Law

  1. The agreement between the Company and its client is governed by English Law.

*MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To Thomson Broadbent Property Compensation Limited Unit 2 Brisbane House, Corbygate Business Park, Priors Haw Road, Corby, NN17 5JG telephone 01536 254101 enquiries@thomsonbroadbent.co.uk

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service (details below)

Ordered on (details below)

Name of consumer(s),(details alongside)

Address of consumer(s),              (details below)                            Date

Signature of consumer(s) (only if this form is notified on paper),                            [*] Delete as appropriate

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