Terms and Conditions

Company Details

Benison Associates, Halford House, 2 Coval Lane, Chelmsford, CM1 1TD Tel.: 020 8559 1089. Registered in England and Wales 6222195. Benison Associates is a Chartered Building Surveying Company and complies fully with the Rules of The Royal Institution of Chartered Surveyors (RICS). Benison Associates means Benison Associates Limited. Registered Office: The Officers’ Mess, Coldstream Road, Caterham CR3 5QX.

Introduction

The Terms and Conditions of Business (“the Terms”) apply in all cases where Benison Associates provides a service to a client. In the case of conflict between these Terms and any written agreement, the terms of the written agreement shall prevail.

Service Level

Standard

Benison Associates will aim to provide the service to the level stated in any written agreement If there is no written agreement then the level set out in the duty of care below will apply. Any variations to the Agreement on duty of care below must be agreed in writing.

What is not included

 Benison Associates accepts no responsibility for items outside the scope of the service defined. No obligation is accepted to provide nor liability accepted for:

• advice provided or failure to provide on the properties condition unless instructed specifically to carry out a formal survey
• security of the property
• the health and safety of those visiting a property

Liability and Duty of Care

Duty of Care

Benison Associates owes a duty to the client to act with reasonable skill and care to provide the service and comply with client’s instructions where the instructions do not conflict with the Terms, the Agreement or the applicable law and professional rules of the RICS. Benison Associates is not obliged to carry out any instructions of the client which conflict with the above.

Liability to the Client

Benison Associates accepts no liability for any delay in or consequences for the failure to provide the services or any failure by the client or to the client’s agent to:

• promptly provide any information that Benison Associates reasonably requires, or where information provided is inaccurate or incomplete. The client agrees that, where information is provided to Benison Associates, Benison Associates is entitled to rely on it as being accurate
• to follow Benison Associates’ advice or recommendations

The liability of Benison Associates in connection with the provision of service or otherwise under the Agreement:

• is excluded to the extent that the client or someone on the client’s behalf for whom Benison Associates is not responsible
• is excluded if caused by circumstances beyond Benison Associates control
• excludes indirect, special and consequential losses
• is limited to the share of loss reasonably attribute to Benison Associates where Benison Associates is but one part liable and assuming that all other parties pay their share of the loss attributable to them; and
• is limited in any event to £1,000,000 in aggregate under this agreement

Liability to Third Parties

Benison Associates owes no duty of care and has no liability to anyone but its client unless specifically agreed in writing by Benison Associates. No third party is intended to have any right under the Agreement unless agreed in writing.

Liability of Others

Benison Associates has no liability for products or services that it reasonably needs to obtain from others in order to provide the service.

Delegation

Benison Associates may delegate to a third party the provision of the service or part of it, only where this is reasonable but remains liable for what the third party does unless the client agrees to rely only on the third party (and the client must not unreasonably withhold that agreement). If delegation is at the client’s specific request, Benison Associates is not liable for what the third part does or does not do.

Complaints

Before taking any other action against Benison Associates the client agrees to use the Benison Associates complaints handling procedure of which is set out below.

Delivering the Service

Timetable

Benison Associates is to use reasonable endeavours to comply with the client’s timetable but is not responsible for not doing so unless specifically agreed in writing. Even then, Benison Associates is not liable for the delay that is beyond its control.

E-mail and on-line Services

Benison Associates may use electronic communication and systems to provide services, making available to the client any software required that is not generally available.

Conflict

If Benison Associates becomes aware of a conflict of interest it is to advise its client promptly and recommend an appropriate course of action.

Publicity

Neither Benison Associates nor its client may publicise or issue any specific information to the media about the service or its subject matter without the consent of the other.

Personal Data

Benison Associates processes and protects personal data about individuals in compliance with the law of England and Wales wherever that data is accessed.

Intellectual Property

All intellectual property rights in material supplied by the client belong to the client and in material prepared by Benison Associates belong to Benison Associates, unless otherwise agreed in writing. Each has a nonexclusive right to use the material provided for the purposes for which it is supplied or prepared. No third party has any right to use it without the specific consent of the owner

Confidential Material

Each party must keep confidential all confidential information and material of commercial value to the other party of which it becomes aware but it may:

• use it to the extent reasonably required in providing the service
• disclose it if the other party agrees
• disclose it if require to do so by law, regulation or other competent authority

This obligation continues after termination of the Agreement.

Deconstruction of Papers 

Benison Associates may after six years of the Agreement destroy any papers or files it retains.

Remuneration

Where the fees and expenses payable for the service are not specified in writing, Benison Associates is entitled to:

• the reasonable fee by reference to time spent at the standard rate of £110.00 per hour
• reimbursement of expenses properly incurred on the client’s behalf

Where the service is not performed in full Benison Associates is entitled to a reasonable fee proportionate to the service provided as estimated by Benison Associates.

If an invoice is not paid in full within 30 days Benison Associates may charge interest on the balance due at the rate of 8% p.a. above the Bank of England base rate current at the date of the relevant fee account.

Where delivery of any invoice has been made by Benison Associates and payment of such invoice is not made within the payment terms, you agree to pay all costs, including, letters requesting payment, legal costs and disbursements incurred collecting or securing, or attempting to collect or secure the payment of the said invoice, including but not limited to our time spent collecting or securing, or attempting to collect or secure the payment of the invoice, such time being charged at the current hourly rate as set out above.

Miscellaneous

Transfer

The client may transfer the benefit of the Agreement but must first get the consent of Benison Associates, which will not be reasonably withheld.

Termination

The client or Benison Associates may terminate the Agreement immediately by notice to the other if the other:

• has not satisfactorily rectified a substantial or persistent breach of the Agreement within the reasonable period specified in an earlier notice to rectify it
• is insolvent according to the laws of its country of incorporation.

Effect of Termination on Claims

Termination of the Agreement does not affect any claims that arise before termination of the entitlement of Benison Associates to its proper fee up to the date of termination or to be reimbursed its expenses.

Notices

A notice is valid if in writing addressed to the last known address of the addressee and is to be treated as served:

• when delivered, if delivered by hand (if that is during normal business hours) otherwise when business hours next commence
• two business days after posting, if posted by recorded delivery
• when actually received, if sent by ordinary mail or fax.

Notice may not be given by electronic mail.

Complaints Handling Procedure

This note sets out the procedure we will follow in dealing with any complaint:

1. We have appointed M.P. Conway to deal with complaints. If you have a question or if you would like to make a complaint, please do not hesitate to contact him.
2. If you have initially made your complaint verbally – whether face-to-face or on the phone – please also make it in writing including your full name and address for correspondence to be sent, addressed to Benison Associates, Halford House, 2 Coval Lane, Chelmsford, CM1 1TD.
3. Once we have received your written complaint, M.P. Conway will contact you in writing within seven days. At this stage we will give you our understanding of your case. We will also invite you to make any further comments that you may have in relation to this.
4. Within twenty-one days of receipt of your written summary, M.P. Conway will write to you, to inform you of the outcome of his internal investigation into your complaint and to let you know what action(s) we have taken or will take.
5. If you are a consumer Client and are still unhappy with the result of our internal handling of your complaint you can refer your complaint to the Surveyors Ombudsman Scheme (SOS). This Scheme is free to consumers and can consider any consumer complaints.
   1. The contact details for the SOS are:
   2. Surveyors Ombudsman Service, PO Box, Warrington, WA4 9FE
   3. T: 0845 050 8181 F: 0845 051 1213
   4. T: 01925 530 270 F: 01925 530 271
   5. E: enquiries@surveyors-ombudsman.org.uk
6. If you are a business Client and are still unhappy with the result of our internal handling of your complaint we can refer your complaint to the Surveyors Arbitration Scheme (SAS).
   1. The contact details for the SAS are:
   2. Surveyors Arbitration Scheme, IDRS Limited, 24 Angel Gate, City Road, London, EC1V 2PT
   3. T: 020 7520 3800 F: 020 7520 3829
   4. E: info@idrs.ltd.uk

Governing Law

The law of England and Wales applies to the Agreement and to these Terms. Benison Associates and the client submit to the exclusive jurisdiction of the courts of England and Wales.