Terms & Conditions
Ad hoc Consulting – Terms and Conditions of Engagement
The following Terms and Conditions of Engagement shall apply to all of ‘the Services’ carried out by ‘the Consultant’ on behalf of ‘the Client’. They shall constitute the sole contract between the Company and the Client until such time that they are replaced by a written, agreed, signed and subsequent ‘Contract of Engagement’.
‘The Services’ shall mean the scope of the services, duties and activities provided by the Company to the Client as defined in the attached quotation. ‘The Consultant’ shall mean MBO Safety Services Limited.
‘The Client’ is the person, company, authority or other body who instructs the Consultant to carry out the work and shall mean the addressee detailed in the attached quotation letter.
‘The Agreement’ refers to these Terms and Conditions of Engagement.
The Contract is between the Client and the Consultant.
The Client confirms that it is entering into this Agreement wholly on its own behalf and not on behalf of or for the benefit of any other party and agrees that in the event of any claim for breach of contract arising out of or in connection with the Agreement it shall be entitled to recover from the Consultant only the losses, if any, it has itself suffered.
The Consultant shall in the performance of the Services (as defined in the quotation letter to include any quotations for training where applicable) exercise and will continue to exercise the reasonable skill, care and diligence to be expected of a properly qualified and competent consultant experienced in the provision of such services.
The Services shall be provided by the Consultant for the sole benefit and use of the Client unless otherwise agreed in writing by the parties. Unless otherwise agreed in writing by the parties, no person other than the Client may rely on any report or other communication made in writing or otherwise by the Consultant in relation to the Services.
The fees for the Services stated in the quotation letter are valid for 90 days only or until earlier acceptance by the Client, after which time they may be altered by the Consultant.
The Consultant shall not be liable to the Client or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of the Consultant’s obligations in relation to the Services, if the delay or failure to perform was due to any cause beyond the Consultant’s reasonable control.
In consideration of the performance of the Services the Client shall pay to the Consultant the fees stated in the quotation letter. If the Consultant is required by the Client to provide additional services outside the scope and nature of the Services set out in the quotation letter this will be agreed in writing.
In the event that the Client requests the Services to be aborted, the Client shall pay to the Consultant the reasonable fees commensurate with the amount of work completed by the Consultant. For the avoidance of doubt the reasonable fees will include for the preparation of reports or other deliverable items actually carried out whether or not the Client requires them to be issued.
All monies due to the Consultant shall be paid in UK £ sterling.
Unless the Client is exempt, VAT will be applied at the prevailing standard rate on all invoices rendered.
On acceptance of the Quotation, including any quotations for training, the Consultant will invoice the Client for the full amount as described in the Quotation. Full payment is required from the Client before any reports, results, certification or documentation from the consultation work or training course is released.
Please note: Once training dates have been confirmed, full payment will be due upon completion of the Training Course Order Form. The fee paid is non-refundable and we cannot be held responsible for any cancellations or non-attendance. A Training Confirmation Letter and an Invoice will be issued.
The amount of Professional Indemnity Insurance to be carried by the Consultant shall be £1 million in the aggregate.
The Consultant shall effect Professional Indemnity Insurance for a period of six years from the completion of the Services, unless otherwise stated in the quotation letter, provided that such insurance is available in the market for such services at commercially reasonable rates and terms. The Consultant’s total liability under this Agreement for any claim whether in contract or in tort in negligence or for breach of statutory duty or otherwise shall not exceed £1 million. The Consultant shall not be liable for any consequential losses incurred by the Client.
The amount of Public Liability Insurance to be carried by the Consultant is £1 million unless otherwise stated in the quotation letter.
In the event of a dispute, which proves unresolvable by discussion and negotiation, the Consultant and the Client hereby jointly agree to an initial process of Mediation which, if unsuccessful, is to be followed by Adjudication under the relevant statutory scheme. All costs, other than legal costs associated with the process shall be borne in equal share by the Consultant and the Client.
All intellectual property rights and copyright associated with the Consultant’s services shall remain vested in and the property of the Consultant.
The provision of the services shall be governed by and construed in accordance with English Law and the English Courts shall have non-exclusive jurisdiction with regard to all matters arising therefrom.