DAVID WRIGHT
ASSOCIATED CONSULTANCY LIMITED

TERMS & CONDITIONS

Abstract - Standard Terms & Conditions of Business
Issue 16 January 2009

1. Definitions
   
   
   1. The 'Practice means David Wright Associated Consultancy Limited, Occupational Health & Safety and Risk Management Consultancy Practice.
      
      
   2. The 'Client' means the party entering into a contact with David Wright Associated Consultancy Limited.
      
      
   3. The 'quotation' means the offer of work to be carried out in accordance with the Client's enquiry.
      
      
2. Publication
   Neither the Practice nor the Client shall use the name of the other in any publicity material nor publish anything relating to the work being undertaken pursuant to the quotation without the prior written permission of the other (such permission not to be unreasonably withheld).
   
   
3. Personal
   The Client hereby agrees that he will not employ, other than in the context of a D.W.A.C. LTD project, either directly or indirectly, and personnel representing David Wright Associated Consultancy Limited on the contract for a period of 12 months from the date of completion of the contract.
   
   
4. Disclaimer of Liability
   
   
   1. The Practice will exercise all reasonable care to ensure the accuracy of the advice. Information and drawings provided by the Practice in connection with work carried out pursuant to the quotation.
      
      
   2. In respect of the work carried out under the quotation, the Practice warrants that there are no infringements of the third party rights whatsoever known by the Practice to be existing or pending at the date of order and hereby warrants to take all reasonable care to ensure that no infringement takes place.
      
      
5. Client's Property
   Except where loss or damage arises from the negligence of the Practice, its servants, or agents, properly supplied to the Practice by or on behalf of the Client will be held and worked upon by the Practice and the Client's risk.
   
   
6. Force Majeure
   If the Practice is prevented or hindered from supplying the goods or any part thereof or completing the work in accordance with the quotation by any circumstances beyond its control, including (without limiting the foregoing) the securing of labour, materials or supplies. Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause, the contract shall be subject to cancellation or variation, but the Practice shall not have any liability to the client for any direct or consequential loss or damage suffered by the Client as a result.
   
   
7. Law
   These conditions together with the quotation shall be governed by and construed in accordance with the Laws of England.
   
   
8. Retention of Title
   All goods and services will remain the property of the Practice (David Wright Associated Consultancy Limited) until the price has been paid in full and the Client shall remain a bailee only until payment is made.
   
   
9. Acceptance and Price Variation
   Works will only commence on receipt of an official client purchase order detailing the works, and/or the endorsement of quotation documentation. Quotations, have a validity of a stated number of days. Prices may be subject to increase without notice after this.
   
   
10. Copyright
    Copyright and all other Intellectual property rights deriving from our work remain with us - DWAC LTD, unless agreed by us in writing.
    
    
11. Cancellation
    We shall be entitled to suspend or cancel deliveries and/or work under any contract between us and the client, if any payment due from the client is not made on its due date. Orders, once placed by the client cannot be cancelled without penalty, nor may products be returned for credit. Normally, discontinuation of work can be agreed by the Practice following payments for preparatory and completed works, prior to discontinuation date.
    
    
12. Fees
    Our fees are calculated by hourly rate for the Partner and/or Administrator (referred to as earners) working on your Contract, together with expenses in relation to travel, mileage, and/or subsistence. It is quite likely different fee earners will be involved from time to time depending upon the degree of skill and knowledge required. Wherever possible, fixed price quotations are submitted. VAT is added at the current rate.
    
    
13. Increase and Variations to the Charge Rates
    The rates are increased annually on the 1st January of each year and increased roughly in line with inflation.
    
    
    1. Invoicing
       Invoices are issued on commencement of works. It is a condition of our terms of business that you pay these within 14 days (credit facilities of 28 days are extended to established clients, together with a discount for early settlement, on request). Extended credit arrangements are available, by agreement, in relation to Project works.
       Accounts will include all fees, travel, mileage, and/or subsistence costs. We will discontinue or suspend work on your contract if any account becomes overdue.
       
       
    2. Fixed Price Quotations
       Fixed Price Quotations, accepted by the client, are invoiced at the commencement of the contract and the aforementioned conditions detailed in 13a above then apply.
       
       
    3. Product Sales
       Payment within 7 days or to Leasing Company terms and conditions.
       
       
    4. Interest on Overdue Accounts
       Interest at a rate equivalent to 4% above HSBC base rate on costs and disbursements, will be charged if an outstanding account is not paid within the stated number of days. Debt recovery procedures will then be instigated, without notice, and recovery fees charged to the client.
       
       
14. Complaints Procedure
    We do hope that you will not find cause for complaint with our services. If you do we should like you to tell us. We have a set complaints procedure and we ask that you first raise the problem with the fee earner dealing with your matter. If you find that you still cannot resolve the problem then please put your complaint in writing addressed to the Practice Office in Newcastle. We would like to assure you that any complaint will be investigated promptly and thoroughly and that an explanation will be given to you together with details of any appropriate action taken.
    
    
15. Confidentiality
    All information communicated by the Client in connection with either the quotation or work carried out pursuant to the quotation shall be treated by the Practice as confidential and such information shall not be made known to any person other than a person who is necessarily either associated with the quotation or with work carried out or to be carried out pursuant to the quotation as the case may be.

NB

We reserve the right to apply the following conditions, where previous invoices have not been settled within our Terms and Conditions of Business.

1. A 50% initial contract payment on commencement of contract, followed by the residual balance, or
2. Full payment prior to commencement of contract.