BSA TERMS & CONDITIONS

The Terms and Conditions for Barrie Simons & Associates (BSA) are clearly set out below to prevent misunderstandings occurring when sending out quotations and invoices.

DEFINITION:

• The Client shall mean that the Organisation Representative or Individual, which accepts the quotation for work, and agrees the quotation from Barrie Simons & Associates.
• The Agreed Fee shall mean the sum stated in the written quotation, which may be in letter form, or email. • The Contract shall mean the specifications listed by the Client and accepted by Barrie Simons & Associates.
When a Client accepts a quotation for the work from Barrie Simons & Associates, acceptance is also acceptance of the Terms and Conditions set out below, the Agreed Fee and these Terms and Conditions then form the Contract between the two parties.

SPECIFICATIONS/REQUIREMENTS:

These shall be set out by the Client and agreed by Barrie Simons & Associates. Changes to the specification after acceptance of the quotation may lead to a variation in the Agreed Fee, this shall be by mutual agreement.

COMMENCEMENT OF WORK:

Barrie Simons & Associates reserve the right to delay the commencement of Work until a written acceptance of the quotation has been received, this may be in letter form, or email.

WORK TIMESCALE:

Barrie Simons & Associates shall use its best endeavours to ensure the Work is completed to the satisfaction of both parties within an agreed delivery period. However, completion dates are only estimates and may vary due to factors out of control of Barrie Simons & Associates. The Client will be kept informed of changes to the agreed schedule.

THE CLIENT’S AUTHORITY TO ACCEPT A QUOTATION:

In accepting a quotation, it is understood that the Client has the authority to accept, and that the Client is then responsible for timely payment of every invoice. If this is not done, the Client who has accepted the quote is Deemed to be Responsible for Payment.

QUOTATIONS:

Written quotations based on specifications/requirements provided by the Client and agreed by Barrie Simons & Associates, will be valid for Ninety (90) days.

PAYMENT OF INVOICES:

• Invoices will be raised during and at the completion of the Works.
• The Client must pay their invoice within Fourteen (14) Days of the date of our invoice, or otherwise in accordance with any credit terms agreed between us.
• If payment is NOT made within Thirty (30) days, revised invoices will be issued weekly, with interest added, and a minimum Admin Charge of £25.00 for EACH invoice issued.
• Barrie Simons & Associates reserve the right to charge interest on all overdue invoices – this will be at the rate of 8% above The Bank of England’s Base Rate, on the invoice total. If you are a Business however, the LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 applies.
• Barrie Simons & Associates reserves the right to cease future work of a Client’s project, if an invoice(s) payment is overdue.
• If legal proceedings are instigated for the recovery of outstanding monies, the debtor will be liable for the full amount of the invoice(s), plus any interest charges and in addition, all Court costs, Solicitors fees, administration costs and travel expenses incurred by Barrie Simons & Associates, in the recovery of the debt.
• Receipts for payment will be issued by Barrie Simons & Associates only at the Client’s request.
• All payments must be made in British Pounds, unless otherwise agreed in writing between both parties.

OWNERSHIP:

All information, written and/digital, and all drawings, shall remain the property of Barrie Simons & Associates until cleared payment in full for Work carried out, has been received by Barrie Simons & Associates. Barrie Simons & Associates has a Client Confidentiality Policy, and no information will be disclosed to a third party, without prior written agreement.

CIRCUMSTANCES BEYOND A PARTY’S CONTROL:

Neither of us is liable for any failure or delay in performing our obligations where such failure or delay, results from any cause that is beyond the reasonable control or that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, Governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

COMMUNICATIONS:

• All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
• Notices shall be deemed to have been duly given:
a) When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b) When sent, if transmitted by email and a successful transmission report or return receipt is generated;

NO WAIVER:

No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise or any other right or remedy.

SEVERANCE:

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

LAW AND JURISDICTION:

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh Courts.