TERMS AND CONDITIONS
TERMS AND CONDITIONS OF BUSINESS
Our Terms and Conditions of Business 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 to 5:30 pm Monday-Friday. These terms and conditions indicate the basis on which PDJA carries out Professional Services on behalf of its Clients.
1. PDJA charges a standard hourly rate of £285 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. PDJA charges a minimum fee of £855 plus VAT. A cancellation fee of £285 plus VAT will be paid by the Client to PDJA, for any site/property visits cancelled less than 24 hours before the visit is due to be carried out. If access is not given on the day of the booked visit (without prior cancellation), this will be charged to the Client at £285 plus VAT, plus a time charge for travelling (calculated at the above hourly rate), and out of pocket expenses, such as parking costs.
2. PDJA is regulated by RICS for the provision of surveying services. This means we agree to uphold the RICS Rules of Conduct for Firms and all other applicable mandatory professional practice requirements of RICS, which can be found at www.rics.org. As an RICS regulated firm, we have committed to cooperating with RICS in ensuring compliance with its standards. The firm’s nominated RICS Responsible Principal is Peter Jones BSc FRICS MCIOB, Chartered Surveyor, PDJA of 184 Copse Hill, Wimbledon, London SW20 0SP Tel: 020 8947 2337; Mobile: 07711 440058; Email: peter@pdja.com.
3. 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. Overdue invoices may be passed to a debt collection agency to recover outstanding fee balances, plus interest, plus compensation, and plus the agency fee for collecting and processing the debt.
4. Invoices shall be issued at intervals as and when definitive stages of PDJA's services have been completed or for defined work in progress where this is confirmed by us separately in writing. Where money is received from the Client as payment for defined work in progress, this money will not be paid into a client account and the Royal Institution of Chartered Surveyors Clients' Money Protection Scheme will not apply.
5. The specified fees do not include, and PDJA shall be entitled to payment and 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:-
(a) 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;
(b) Delay, defective performance or insolvency of the Client, or other professional adviser, or any contractor or supplier;
(c) Contested claims;
(d) Tax claims;
(e) Insurance claims.
Payment for such additional work shall be based upon PDJA's standard hourly rate.
6. 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.
7. 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.
8. 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:-
(a) Any notice or communication posted on a Monday or Tuesday shall be deemed served on the following Thursday;
(b) Any notice or communication posted on a Wednesday or Thursday shall be deemed served on the following Tuesday;
(c) Any notice or communication posted on a Friday, Saturday or Sunday shall be deemed served on the following Wednesday.
9. 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.
10. Service of any written notice or other communication may be effected by e-mail and shall be deemed to have been effected on transmission of the e-mail to the Client’s last known e-mail address.
11. Neither Party may assign or transfer all or part of these terms and conditions without the written consent of the other.
12. 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.
13. If performance of PDJA's services has been suspended or terminated:-
(a) 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;
(b) 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.
14. PDJA shall be entitled to payment under clauses13 (a) and (b) above in accordance with Clause 3.
15. Unless otherwise agreed in writing, PDJA shall retain copyright in and ownership of all documents prepared by PDJA.
16. PDJA shall perform the services with reasonable skill, care and diligence, but:-
(a) 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.
(b) Such liability shall be limited to the sum insured of £1,000,000 on an aggregate plus unlimited reinstatement's basis.
17. 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.
18. 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.
19. 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.
20. 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.
21. These terms and conditions 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.
22. Upon acceptance by the Client of these terms and conditions of business, the Client consents to PDJA processing their personal data in respect of the Client's engagement of our services. A privacy notice, consent form and a withdrawal of consent form for data processing will be issued separately with the appointment documentation. We are registered with the Information Commissioner's Office - Registration Number: Z3346158
23. These terms and conditions 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.
CONTACT PDJA
You can call us between 9.30am and 5.30pm Monday to Friday to speak with a chartered surveyor.
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London Underground: Tube/Train- Wimbledon: 2.2 miles (3.5 km)
Train: Raynes Park- 1 mile (1.6 km)
Motorway: M4 junction 1, M25 J8, J10- 6.8 miles (10.9 km)
Main Road: A3- 0.25 mile (0.40 km)
184 Copse Hill
LONDON SW20 0SP