Saunders 1865 | VIP Managed Home Sale Program

VIP Managed Home Sale Program

  1. Fees and expenses are payable after the service has been performed, but 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. 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. We reserve the right to request reasonable top-ups to the Operating Deposit should the need arise.
  2. All invoices/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.
  3. Client may cancel the assignment (subject to the conditions set out herein being met by Client) by giving not less than seven 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.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.
  4. Disbursements/expenses reasonably incurred (including mileage) are payable in addition.
  5. Value Added Tax (VAT) is payable in addition at the prevailing rate wherever applicable on all items.
  6. Clients are asked 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
  7. DISCOUNTS: In the event that 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.
  8. Any payments made by credit card will be subject to a 4% surcharge which will be billed to you together with any other disbursements/expenses.
  9. If any provision of these terms are 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.
  10. Saunders 1865 maximum liability in respect of any assignment, whether for breach of contract, negligence or otherwise, shall be equal to the total amount of the fees charged to the client.
  11. Any work that Saunders 1865 is required to do that is outside the service specification shall be charged on a time basis. The standard hourly rate is £195 unless we specify otherwise. You will be notified in advance if additional chargeable work is necessary and we will not proceed without your consent.
  12. If any provision of these terms are 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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Saunders 1865