Terms of Engagement
Detailed below are the Standard Terms of Engagement for Clients of Bobby Campbell Chartered Loss Adjusters.
1. Legal Status:
Bobby Campbell Chartered Loss Adjusters (hereinafter referred to as “BCCLA”) is a trading name of Bobby Campbell Ltd
BCCLA will provide its services as Chartered Loss Adjusters in accordance with these terms and conditions which shall apply unless amended in writing.
3. Charges and Expenses:
Unless otherwise agreed fees for professional staff will be calculated on time incurred basis (including travelling time) and will be charged at an agreed hourly rate. This rate will be deemed to include for the time of the loss adjuster, office overheads, motor vehicle running costs and mileage.
In addition the Client will also be charged, at cost, for disbursements and any other direct costs where required including inter alia but not exclusively, accommodation, subsistence, printing of plans (above A3 size), train/aircraft fares, police reports, fire brigade reports, financial reports and Client approved specialist sub contact services.
Where and when applicable VAT at the current rate will be charged on all fees and disbursements.
Invoices will be raised monthly. All fees are payable within 30 days of the date of the invoice. BCCLA reserves the right to charge interest at the rate of 5% above the Bank of England base rate (applicable on the date of invoice) on any overdue invoices and suspend services until the invoice has been settled in full.
4. Intellectual Property:
All information and reports provided by BCCLA are intended for the sole use of the Client. The copyright and intellectual property contained within the material supplied will remain the property of BCCLA.
BCCLA will provide at its own cost its own standard equipment necessary to provide its services including computer equipment, phones, measuring equipment, protective clothing and stationery.
BCCLA will provide its services using suitably qualified personnel of their own choosing. BCCLA reserves the right to substitute any personnel, provided the Client is reasonably satisfied that any proposed substitute possesses the necessary skills and qualifications for the satisfactory completion of the services. BCCLA will remain liable for the services completed by the substitute personnel and will bear their costs.
7. Non Mutuality of Obligations
Each claim will be deemed to be a separate engagement and each engagement will end upon settlement of the particular claim, or upon Termination if earlier in accordance with Clause 9. The Client is under no obligation to offer further contracts or services to BCCLA nor is BCCLA under obligation to accept such contracts or services if offered. BCCLA is not obliged to make its services available except for the performance of its obligations under these terms of engagement.
8. Non exclusivity of services
BCCLA is at liberty to accept appointments from other Clients.
Either the Client or BCCLA may terminate an engagement at any time by providing 30 days notice. BCCLA will charge for all work done and disbursements incurred up to the date of termination calculated in accordance with clause 3 above.
BCCLA may at any time and without giving the Client prior notification, make any changes to the specified services which are necessary to comply with any applicable safety or other statutory requirements, or make any changes to the specified services which do not materially affect the nature or quality of the specified services. The services shall be provided at such locations, and during such hours, as BCCLA deems appropriate for the satisfactory provision of the services.
11. Complaints Procedure:
If you are dissatisfied with any aspect of our service and wish to make a complaint please put your complaint in writing and the following procedures will be followed in dealing with your complaint:
Bobby Campbell 2 Tattershall Close Grantham Lincs NG31 8SU has been appointed in this office to deal with complaints, and you should not hesitate to contact him.
Once we have received your written complaint Bobby Campbell will contact you within 7 working days of receiving your complaint. At that stage we will give you our understanding of your case. We may also invite you to make any further comments that you may have in relation to this.
Within 21 days of receipt of receipt of your written summary Bobby Campbell will write to you to inform you of the outcome of the internal investigation into your complaint and let you know what action we have taken or will take.
If you still remain dissatisfied with any aspect of our handling of your complaint, then we will attempt to resolve this promptly through negotiations, and otherwise agree to the referral of your complaint :
Consumer Clients: Ombudsman Services: Property, PO Box 1021 Warrington WA4 9FE, TEL 0845 050 8181, FAX 0845 051 1213.
Business Clients: RICS Dispute Resolution Service, Surveyor Court, Westwood Way, Coventry, CV4 8JE, TEL 020 7334 3806, FAX 020 7334 3802, E MAIL firstname.lastname@example.org, www.rics.org/drs
12. Exclusion of Liability:
BCCLA will not be liable to the Client for any direct or indirect loss, expense or damage unless due to the negligence of BCCLA.
Whilst BCCLA will take all reasonable care in fulfilling its obligations, its liability to the Client for any loss or damage suffered due to the professional negligence of BCCLA shall not exceed £1M in respect of any one claim or series of claims. BCCLA maintains Professional Indemnity Insurance with a Limit of Indemnity of £1M.
In addition BCCLA maintains Public Liability Insurance with a limit of Indemnity of £5m.
No director or employee of BCCLA shall assume any personal duty of care or liability.
These terms of engagement should be construed in accordance with English Law.
14. Regulatory Status:
This firm is not authorised by the Financial Services Authority. However we are included on the register maintained by the Financial Services Authority so that we can carry out insurance mediation activity which is broadly advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong is regulated by the Royal Institution of Chartered Surveyors (RICS). The register can be accessed via the Financial Services Authority website www.fsa.gov.uk/register