Saunders 1865 | Standard Terms of Engagement

Standard Terms of Engagement

1. Fees & expenses are payable after the service has been performed. However, we require an Operating Deposit (OD) equivalent to the estimated fees & expenses that will be incurred to be paid into our Client Account at the start of every assignment. The start of the assignment is the date upon which we receive authorization to proceed.

2. Whilst we may, as a matter of goodwill, start work on your assignment prior to receipt of the OD we reserve the right to suspend service at any time until funds have been received.

3. Value Added Tax (VAT) is payable in addition at the prevailing rate (where applicable on all items). An amount for any estimated VAT will be included in the OD required in accordance with para 1 above. All expenses reasonably incurred are payable in addition to our fees. In some foreign jurisdictions, renters are required to pay a commission or fees to a real estate agent or similar. In such circumstances, such commission or fees will be payable in addition to Saunders 1865’s fees & expenses.

4. Any work that Saunders 1865 is required to do that is outside the service specification shall be charged on a time basis. You will be notified in advance if additional chargeable work is necessary, and we will not proceed without your consent.

5. Pricing contained in any proposal is valid for a maximum of 30 days from the date of the proposal whichever comes first.

6. All invoices & any requests for payment are payable on receipt and shall be delivered by email unless otherwise agreed. Client may not withhold payment of any invoice or other amount due to Saunders 1865 by reason of any right of set-off or counterclaim which Client may have or allege to have or for any reason whatsoever.

7. Clients are required to meet all requests for payments (including Operating Deposits) promptly to avoid unnecessary administrative and financing costs. It is fundamental to the contract between us that payment must be made on time. Overdue payments will attract late payment charges and contractual interest as set out here

8. If Saunders 1865 have agreed any discount it will be subject to the condition precedent that Client has paid any OD on time (time being of the essence). If payment is late the discount shall not apply. A payment is considered late if it is not received in Saunders 1865’s bank account by the latest date for payment shown on the fee account or invoice.

9. During the assignment in the event of there being any substantial change in the client’s original specification of their needs or in the details of the relocation such that Saunders 1865 will be required to carry out significant additional work then Saunders 1865 reserve the right to make an additional charge. If such a circumstance arises Saunders 1865 will seek the Client’s approval before carrying out such additional work.

10. Client may cancel an assignment (at Saunders 1865’s prevailing hourly rates for time-based assignments)” by giving not less than seven working days’ notice in writing. Saunders 1865 will invoice Client for all time spent (at Saunders 1865’s prevailing hourly rates for time-based assignments) up to the expiry of the written cancellation notice and client shall ensure that Saunders 1865 is in receipt of funds to fully discharge Saunders 1865’s invoice in full within seven days thereafter. If timely payment is not received (time being of the essence) the cancellation notice shall be void and the original service fee shall become immediately payable. However, if the assignment has been substantially completed the full fee will be due. The Client’s right to cancel shall not apply where Saunders 1865 has agreed to provide a package of programs at a discounted fee. CONDITION PRECEDENT: This cancellation provision is subject to the condition precedent that the OD shall have been paid by the deadline date in accordance with paragraph 1 hereof. If OD payment is late (time being of the essence) this cancellation provision shall be void and the full program fee shall be payable together with any contractual late charges and accrued interest.

11. Force majeure. Neither party shall be in breach of this contract nor liable for delay in performing, or failure to perform, any of its obligations under this contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

12. LEGAL & TAX ACCOUNTING ADVICE – IMPORTANT NOTICE: We are experienced relocation professionals, but we are not lawyers or accountants, and we are not qualified to provide legal or tax accounting advice. It is the ultimate responsibility of clients to be sure that they understand and agree all the terms in any documents before signing off. If you are unsure of anything you should seek advice from a qualified lawyer or accountant.

13. FURTHER CONDITIONS THAT APPLY TO SPECIFIC PROGRAMS

13.1 Home Finding Program: The fee quoted includes a maximum of 3 full days of service in aggregate. If further time is required, this will be chargeable at the rate of £595 per half day. Your approval will be obtained in advance before we proceed. The maximum period that the service will be available is 120 days from when the service starts. However, the service shall in any event terminate on the start date of the tenancy agreement/lease.

13.2 Departure Program: The maximum period of service is 90 days from when the service starts. Where a claim (e.g. for dilapidations or other matter under the lease) from the landlord is made against the tenant an additional charge will apply on a time basis. an additional charge will apply on a time basis

The first hour is included in the fixed fee for the program.

13.3 Schooling Assistance Program: The maximum period of service is 90 days from when the service starts. The service is for up to 2 children.

13.4 Pre-Home Finding & Orientation Program: The fee quoted includes a maximum of 2 full days of service in aggregate.

13.5 Temp Accommodation Sourcing & Management Program: This program is only suitable for short term serviced accommodation sourced via corporate housing providers. The maximum period of service is 90 days from when the service start.

13.6 Lease Negotiation & Move-In Support: This program assists only cases where a property has already been found. It involves our providing representation in the negotiation of a tenancy agreement and related legal documentation for one property/one transaction. Should the transaction fall through, we will provide a credit note based on our assessment of any unutilized professional time which can be used to discount fees for any new program for the same assignee. The credit note cannot be applied to a new assignee.

13.7 Home Buyer Assistance Program: The maximum period of service is 120 days from when the service starts.

14. If any provision of these terms is held invalid, illegal, or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of these terms shall continue in full force and effect as if the terms had been executed with the illegal or unenforceable provision eliminated. The parties irrevocably submit to the exclusive jurisdiction of English Courts for the determination of any dispute.

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