Terms and Conditions

Terms of Business

These are our Terms of Business and they will apply to our work and govern our relationship with you. Please read them carefully as there are various exclusions and limitations on our liability and associated obligations imposed on you.

If you do not understand or need to discuss these documents or anything in them, it is strongly suggested that you ask for them to be explained to you before you instruct us to proceed.

  1. Services
  2.               We are Wandsworth Investments Limited (Wandsworth), a limited company incorporated and registered in England under number 09127765. Our registered office is at Camburgh House, 27 New Dover Road, Canterbury, Kent, CT1 3DN. Our contact details for all matters are published at www.wandsworthconsulting.com.
  3. In accordance with these Terms of Business, Wandsworth will provide the Services described in the engagement letter using reasonable skill, care and diligence for the fees stated. Your agreement to proceed with the Services by signing and returning the engagement letter constitutes the formation of a contract between us governed by the engagement letter and these Terms of Business. In the event of any conflict between these Terms of Business and any other documents, the provisions of these Terms of Business shall prevail.

iii.               Wandsworth are engaged solely to identify any capital allowances within the property(ies) specified, based upon the information provided by the client.

  1. Where a client has a property with a residential part, our calculation of a claim will solely be based on the commercial part and any communal space.
  2. Wandsworth accept no liability for any professional advice or expert report provided by a third party.
  3. Client Responsibilities
  4.              Performance of the services is subject to these Terms of Business. In particular:
  5. Timely provision of adequate and accurate information by the client and any third parties over whom Wandsworth have no control. Any costs requested by third parties for producing relevant information will be the sole responsibility of the client.
  6. Performance by the client and those third parties over whom Wandsworth have no control, of all functions upon which the services or any part thereof are dependent.
  7. Provision of access to such sites and locations, as and when may be necessary in order for Wandsworth to undertake the services.
  8.             Once Wandsworth have sent their report to the client it becomes the responsibility of the client to ensure its submission to HMRC. We recommend that you continue to take advice from your accountant, who will have full information about all of your financial affairs.

  iii.             Part of the claim process on sales and purchases of property will require information from your other professional advisors. If they fail to respond to us within a month of the first request Wandsworth Investments will require you to ensure their co-operation. If we do not get any co-operation within 3 months of the first request, and the data is vital to continue the claim, we will deem this contract terminated.  In exceptional circumstances, a cancellation fee may become payable.

  1. Sub-contractors

Wandsworth reserves the right to employ agents and sub-contractors when providing the services. We will inform you in advance if this is likely.

  1. Variations of Service

Wandsworth will bring to the attention of the client any additional services required which are considered to be outside the services described in this contract.

Unless and until agreed to the contrary, additional services will be charged at the hourly rates tin the engagement letter.  With the exception of actions or failure to act having an impact on safety or compliance with legislation, additional services will only be undertaken with the client’s prior agreement, confirmed in writing.

Where issues of safety or compliance with legislation are involved, Wandsworth will seek to notify the client of necessary variations at the earliest opportunity but will not as a result of this clause or any such notification become responsible for such matters.

  1. Confidentiality

Except where required by law or applicable regulatory authority, Wandsworth shall keep all details of the project strictly confidential and shall not, without the written consent of the client, disclose to anyone, either before or after termination of this agreement, any Confidential Information which becomes known to it as a result of this agreement. Both parties shall act with appropriate propriety and discretion and, in particular, shall refrain from making any public statement concerning the award or the terms of this engagement without the prior written approval of the other party.

For the purpose of this letter, Confidential Information shall mean all information relating to any aspect of the business of the client, excluding any information that is currently or at some time in the future enters the public domain or information that reaches Wandsworth’s possession, without breach of this agreement.

For the avoidance of doubt, except where required by law or applicable regulatory authority, Wandsworth shall not disclose to any third party any reports prepared by it (or on its behalf) for the client, nor disclose any oral advice or comment provided (or to be provided) by it to the client.

Wandsworth will comply with current applicable UK legislation. We will also comply with any additional client requirements for confidentiality the extent to which they are made known to and agreed with us in advance. Any costs reasonably incurred by Wandsworth (in complying with any such requirements which exceed the obligations imposed by current UK legislation) are to be reimbursed by the client.

  1. Copyright and other intellectual property

Copyright and all other intellectual property and goodwill in all documents and electronic representations prepared by Wandsworth in providing the services is reserved to Wandsworth.

  1. Payment
  2.              All Fees and other sums payable by the client are exclusive of any VAT that may be chargeable.

The client shall pay VAT in addition in respect of all taxable supplies made to it in connection with this contract. Our VAT registration number is (282 483 189).

  1.             Any withholding notice indicating an intention to withhold our fee has to be received in writing (registered mail).  Such notice will not automatically permit the client to avoid the obligation to pay on time.

  iii.             Wandsworth will be entitled to suspend performance and delivery of the Services if the client fails to make full and proper payment in accordance with these provisions

  1.              At all times the report remains the property of Wandsworth until full payment of all sums due to Wandsworth has been received.
  2.             Without prejudice to any other right or remedy, Wandsworth shall be entitled to charge interest on late payment at the Bank of England base rate plus 2% per annum, calculated on a daily basis from the payment due date until the date payment is made in full.  Any decision to charge interest will be at the discretion of Wandsworth.
  3. Complaints & Disputes

Wandsworth has an internal complaints procedure and treats any complaints seriously.  We will endeavour to effectively resolve complaints with the individuals concerned in a timely manner. If a complaint cannot be resolved or where a dispute arises between the parties, we shall seek to resolve this through “without-prejudice” discussions in accordance with the Civil Procedure Rules Pre-Action Protocol.

  1. Term & Termination

Except for those terms which by their nature are intended to survive beyond the Term (as defined below), these Terms of Business shall continue to apply until payment for the Services has been received in full by Wandsworth (“Term”).

Either party may terminate the Services on one month’s notice at any time with or without cause, by serving written notice to that effect upon the other party.

Upon termination:

Both parties will return all Confidential Information belonging to the other party which is in that party’s possession. Wandsworth shall be entitled to keep one copy of such documents for the purpose of maintaining a professional record of the Services provided; and

The client will pay on request all fees and expenses due in respect of the services provided up to the date of termination.

In the event of a material or persistent breach of the contract by the other party and/or failure of the party to comply with the contract this clause may be exercised. In the unlikely event of termination of the contract due to non-cooperation of the client, Wandsworth may be entitled to payment of fees as follows:

  1. a)A cancellation fee in the sum of 50% of the anticipated fee is payable if the claim is terminated at the pre-survey stage.
  2. b)75% of the fee as stated in the engagement letter plus VAT becomes payable if the claim is cancelled after the survey stage but before the report is completed. If the fee quoted was on a contingent basis then the fee due will based upon the forecast fee based on our initial findings.
  3. c)In the event that the report has been submitted to the client, the fee is payable in full.
  4. Rights of Third Parties

No person who is not a party to this contract shall have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

  1. Marketing and Data Protection

Wandsworth reserves the right to use images and information gathered from site visits or from its reports, in marketing material.  We will always seek permission from the client to use photographic images or company names, and will comply with all relevant data protection legislation in the processing of any data under the appointment.

We may use your project data for the purpose of administration, statistical analysis, assessment and customer profiling for improving our services.  You have a right to request a copy of the personal data we hold about you and to correct any inaccuracies in your information.

Neither party anticipates processing any personal data on behalf of the other beyond the other party’s business contact details, which shall be processed as necessary for the purposes of the legitimate commercial interests pursued by the disclosing party (i.e. the controller). Each party agrees that it is an independent data controller and shall comply with its obligations under the General Data Protection Regulation (EU) 2016/679.and any applicable laws and/or regulations that implement and/or exercise derogations under it and/or replace or supersede it.

  1. Exclusions and limitations of liability
  2.             To the fullest extent permitted by law, neither party shall be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit (whether direct or indirect), or for any indirect or consequential loss arising under or in connection with the contract; and
  3.              Wandsworth shall have no legal obligation once they have fulfilled their obligations in providing the services under the terms of this contract; and

  iii.            To the fullest extent permitted by law, each party’s total maximum aggregate liability to the other in respect of all other losses arising under or in connection with the contract, whether in contract, tort, negligence or otherwise shall not exceed 100% of the fees paid to Wandsworth for the Services.

  1.             Should the claim of identified capital allowances within the report be reduced then any fee paid or pro-forma invoiced raised will be adjusted pro-rata accordingly.
  2.             Wandsworth will keep their files in storage for 6 years from the date of this agreement following which the files will be destroyed.
  3. Right to cancel
  4.             The Consumer Protection (Distance Selling) Regulations 2000 permits consumers to cancel a contract after entering into it, subject to certain limitations and requirements.
  5.              You have the right cancel. To do so you need to send a notice in writing to us by registered post stating that you wish to cancel the contract between Wandsworth and yourself. You must send us the notice of cancellation within 7 working days, with the 1st day being the day after you signed the engagement letter.

  iii.            You will have the right to cancel this contract within 7 working days where at the time you give us instructions you ask us to defer performing the contract for this period.  Otherwise, you hereby agree that, as soon as you instruct us to proceed with the Services in accordance with our engagement letter, we will start to perform the Services.

  1. Force Majeure
  2.               For the purpose of this Contract, Force Majeure means an event beyond the reasonable control of Wandsworth including but not limited to strikes, lock-outs or other industrial disputes (whether involving the staff of Wandsworth or any other party), failure of a utility service of transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown or plant or machinery, fire, flood, storm, or default of suppliers or subcontractors.
  3. Wandsworth shall not be liable to the client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure event

iii.               If the Force Majeure event prevents Wandsworth from providing any of the services for more than 6 months Wandsworth shall, without limiting its other rights or remedies have the right to terminate this contract by giving written notice to the client.

  1. Special terms

Please note that any advice or other communication from us, which we deliver in writing or which you record in writing and which relates to your tax or business affairs, may have to be disclosed to the Tax Authorities. You should consider this in the context of your document retention policy.

  1. Electronic Mail

Where possible and subject to agreement of the parties, we will agree to send information by e-mail, provided that the information is not confidential or sensitive in nature. In any instances where we use this method of communication, we will require an acknowledgement from the recipient(s) that the information has been received.