Terms and Conditions of Business

Agreement means these terms and conditions.

"We, Us, Our” means Parkinson bailiff Services Ltd.a private limited liability company whose registered office is The Lodge to Shaw Hill, 177 Preston Road, Whittle-le-Woods, Chorley, Lancashire - PR6 7PR Reg: 3263858 - Vat Number: 677 5750 84

Client means the person to whom We have agreed to provide any of the Goods or Services.
Goods means the goods supplied by Us in respect of the Agreement.
Services means the services to be performed by Us in respect of the Agreement.

The Agreement

By requesting any Services from Us, the Client will be deemed to have accepted the terms and conditions of this Agreement, which will govern the provision of Our Services to the exclusion of any other terms and conditions.

The placing of an order by the Client in writing, by telephone or over the Internet shall constitute an offer and a contract shall be created if and when such offer is accepted by Us and not at any earlier time. We will only accept offers subject to these terms and conditions.

Our Obligations.

We aim to handle every case promptly. It is Our responsibility to practise competently and conscientiously. We will endeavour to deliver goods on the same day payment is received but will not be liable for any failure to comply with this target or for any direct or consequential loss resulting therefrom.

Our Liability

We recognise Our Client’s statutory rights but shall not be liable for any loss or damage of any description whatsoever arising from any failure or delay in the provision of the Goods supplied or Services performed. Our liability shall be limited to the amount of fees received by Us in respect of any individual instruction from which such liability may arise. Apart from such reimbursement, We, Our employees and Our agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising out of or incidental to:

• Any negligence on the part of Us or Our employees
• Our performance of or failure to perform or breach of any of Our express or implied obligations under this Agreement.
• The supply or provision of any Goods or Services.
• Any defects in any Goods or Services
• Any advice given or representations made by Us in relation to the quality, performance or use of the Goods or Services or any part thereof.

We shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of Our being unable to fulfil any of Our obligations herein due to the occurrence of an event of Force Majeure as hereinafter described.

Instructions

We shall be entitled to assume that the person providing Us with the initial instructions is Our Client, who will therefore be responsible for settlement of all Our invoices. If the Client wishes Us to render invoices to and accept payment from a 3rd party, We may be willing to do this but responsibility for payment remains with the Client. The Client accepts Our right to assert ownership of the Intellectual Property Rights.

Where a Client’s difficulties are “time critical” We rely on the Client to give Us timely instructions. We accept no liability if the Client does not provide clear and complete instructions early enough for Us to act within those time limits. Oral instructions will be acted upon once payment has been received. We accept no liability for any misunderstandings or misinterpretation of oral instructions, whether on Our part or that of the Client.

The Client undertakes promptly to provide Us with all information and assistance that We may request from time to time to facilitate Our provision of the Goods or performance of the Services. The Client warrants that all information provided to Us will be complete and accurate.

It is important that the Client informs Us promptly of any change of address, email, telephone and fax numbers. No responsibility can be accepted for any loss in any case where the Client has failed to inform Us of such changes.

We will normally communicate with the Client by telephone or by e-mail.

We can accept no liability for non-receipt or late receipt by the Client of any communications.

Although We regularly carry out virus checks, We advise the Client to carry out their own virus checks on any communications (whether in the form of computer disk, e-mail, Internet or otherwise). We accept no liability (including negligence) for any viruses that may enter the Client’s system or data by these or any other means.

Charges

The price for supply of the Goods and Services is fixed and will not vary from that quoted on Our Website. Additional charges are payable only in the event of the provision of extra services and will be charged at the rate quoted on Our Website.

Official fees are outside Our control. Any official fees payable are additional to fees and charges referred to on Our Website. If for any reason We do not complete a matter, We will nonetheless charge the Client fees, expenses and disbursements in respect of the Services that have already been carried out.  All sums referred to in this Agreement will be payable in full without deduction, withholding or set-off. 

If the Client cancels or amends any instructions after We have started work the Client will reimburse Us for all costs, expenses, charges and losses incurred by Us as a result of such cancellation or amendment without limitation.

Invoicing and Payment

When We make a request for payment, in general We will not carry out any instructed work until the requested payment has cleared into Our bank account. The Client shall pay all invoices in advance.  

We reserve the right to suspend or refrain from taking action on behalf of the Client, without incurring any liability to the Client, or any other party, even if this causes the Client, or any other party, to lose, or fail to obtain, any rights which would have been theirs had We acted. 

Any suspension of the Services by Us, or any cancellation or amendment by the Client of instructions previously given, does not prejudice Our right to invoice, and be paid, for Services We have performed and expenses and disbursements We have incurred (or to which We have become committed) prior to the date of suspension, cancellation or amendment. 

Indemnity

The Client hereby agrees to indemnify Us in the event of any claim being made against Us of whatever nature as a result of incorrect or misleading information supplied to Us by the Client.

Termination

We shall be entitled, without prejudice to Our other rights and remedies, either to terminate wholly or in part any or every contract between Us and the Client or to suspend any further Goods or Services under any contract in any of the following events:

• If any sum owing from the Client to Us for any reason whatsoever is unpaid after the due date for payment.
• If We have any reason to doubt the credit worthiness of the Client.

 

Either party may terminate this Agreement immediately upon written notice to the other. The termination of this Agreement will be without prejudice to the rights of either party.

Force Majeure

We will not be liable for any delay in providing or failure to provide Our Goods or perform Our Services to the extent that such delay or failure results from any cause or circumstance beyond Our reasonable control (an “event of force majeure”). If any event of force majeure occurs, the date(s) for the supply of Our Goods or performance of Our Services will be postponed for as long as is made necessary by the event of force majeure. If any event of force majeure continues for a period of or exceeding 60 days either party may cancel the affected Goods and Services immediately on written notice to the other party. An “event of force majeure” includes, but is not limited to, legislative and regulatory acts of government, armed conflict, civil insurrection, strike, lock out, computer failure, failure of power supplies, earthquake, typhoon, tidal wave and Acts of God.

General

The invalidity or unenforceability of any term or right arising pursuant to this Agreement will not adversely affect the validity or enforceability of the remaining terms and rights. 

This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and this Agreement supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing, with respect to the same.

No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in communications between the parties prior to the date of this Agreement except as set out in this Agreement. Neither party will have any remedy in respect of any untrue statement made to it upon which it has relied on in entering into this Agreement (unless such untrue statement was made fraudulently) and that party’s only remedies will be for breach of contract as provided in this Agreement. 

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.    

The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it. 

These terms and conditions are stipulated by Us on Our own behalf and on behalf of all Our employees and agents and apply for the protection of all Our employees and agents as they do for Us. The Client undertakes not to sue or make any claim whatever against any of Our employees or agents in respect of any alleged negligence or other default of that employee or agent in relation to the carrying out, failure to carry out or breach of any contract.

The Client acknowledges and agrees by placing orders with Us that:

• This is a transaction into which both parties are freely entering.
• There are clauses contained in these terms and conditions which exclude, limit or modify the liability of Us, Our employees and agents.

• The prices and charges quoted on Our Website and in these terms and conditions are based on the exclusions and restrictions on liability set out in these terms and conditions.
• The Client may not seek to re-negotiate the prices quoted by Us, and
• The Client and Us accept that the exclusions and restrictions on liability referred to in these terms and conditions are reasonable.

The contract shall be construed in accordance with English law, which shall be the proper Law of Contract and the English Court shall have sole jurisdiction in relation to the provisions contained in these terms and conditions.

Alterations

No amendment or variation to this Agreement will be valid unless agreed in writing.

Compliants

Discuss your concerns with the member of Our staff responsible for handling your work.

Tel : 08450 09 09 09