Terms & Conditions
Walton Goodland Limited is committed to maintaining the highest standards of professional service and to provide an efficient and confidential service. The firm is regulated by the RICS
Walton Goodland Limited is committed to maintaining the highest standards of professional service and to provide an efficient and confidential service. The firm is regulated by the RICS.
The Royal Institution of Chartered Surveyors (RICS) is the governing body for Chartered Surveyors. The professional rules laid down by this body require that clients be informed of certain items of business. The following statement sets out the basis on which Walton Goodland Limited carries out professional services on behalf of clients. Any information specific to a particular matter will be dealt with by separate terms of engagement.
1. PLACE AND HOURS OF BUSINESS
Walton Goodland Limited operates from offices at 10 Lowther Street, Carlisle, Cumbria, CA3 8DA. Normal hours of opening are between 9am and 5pm Monday to Friday. Appointments can be arranged outside of these hours by agreement.
2.1 Unless an alternative fee arrangement has been agreed and confirmed by Walton Goodland Limited in writing, fees are based upon the time spent working on a client’s behalf. The current rates are:-
Directors time charge £150 per hour
Arbitration and Expert Witness time charge £200 per hour
All working time is recorded daily and could include:-
- providing advice to a client via letter, personal meetings or telephone;
- negotiating with others on a client’s behalf, either in person, by phone, letter, fax or email;
- instruction of third parties;
- preparation and drafting of documents;
2.2 Walton Goodland Limited’s fees may be subject to annual review.
2.3 With regard to property transactions or the administration of an estate, which involve a consideration or benefit to the client, fees may be calculated by reference to time and/or by reference to a value element, based for instance, on the price of the property, the size of the estate, the rent collected or the financial benefit accrued. Fees on this basis will be agreed with a client before the matter proceeds.
2.4 In respect of matters involving acting for a client against statutory undertakers (e.g. United Utilities or Highways Agency) the client will be responsible for Walton Goodland Limited’s fees, although in the normal course of this work the statutory undertaker will make a contribution towards fees. In the event that the contribution towards fees does not cover Walton Goodland Limited’s fees on a time basis, the client is responsible for any shortfall.
2.5 The time charge for Walton Goodland Limited includes the cost of office resources such as telephones, photocopiers, internet and facsimile. However, there may be other factors which increase charges, including cases of exceptional complexity, value, urgency or where there is a need to work unsociable hours. Walton Goodland Limited reserves the right to terminate the instruction unless revised rates are agreed in substitution.
2.6 At any time in the course of a client’s transaction, a client can ask for an estimate of the fees incurred to date. It is not always possible to know what the fees will be at the outset of a case or how much time will be spent working on a client’s behalf. However, Walton Goodland Limited will be able to advise a client of any factors as they arise which are likely to materially affect the final fee.
2.7 Any additional work that the client subsequently asks Walton Goodland Limited to carry out, or if a client changes their original instructions, may alter the costs and therefore fees.
2.8 If a client has any concerns regarding costs, an upper limit can be set at their request on the amount of fees, which may be incurred without further reference to the client.
2.9 Disbursements will be recharged to the client and include payments made by Walton Goodland Limited to third parties on behalf of a client, i.e. maps and plans, postage, travelling expenses etc. Walton Goodland Limited has no obligation to effect such payments unless a client has provided funds for that purpose.
2.10 VAT will be added to all fees and disbursements as appropriate.
3. TERMS OF BUSINESS
3.1 Accounts are payable within 30 days of the invoice date. Walton Goodland Limited reserve the right to charge interest on outstanding accounts at 4% above Barclays base lending rate, calculated daily from the invoice date to the date of payment.
3.2 Where work is carried out over a period of time, interim invoices will be raised.
3.3 Walton Goodland Limited is able to hold money in their Client Account on a client’s behalf if required, subject to the terms of the Royal Institution of Chartered Surveyors Rules of Conduct. The account that will be used to deposit funds on a client’s behalf is the “Walton Goodland Client Account” held with Barclays Bank plc, English Street, Carlisle unless expressly agreed otherwise. No interest will be paid to a client in respect of deposits held in the account, with any interest that does accrue to the account being retained by Walton Goodland Limited to cover administration expenses. Walton Goodland Limited will maintain records in respect of this account and the client’s funds as required by the Inland Revenue, the RICS and the FCA.
3.4 Work carried out which does not reach a conclusion will be charged for, together with any disbursements.
3.5 Following the conclusion of a transaction or case on behalf of a client, Walton Goodland will retain the client’s files for such a period as they deem appropriate at their absolute discretion. A client who requires such papers to be kept for any specified period shall be required to give notice in writing to Walton Goodland to that effect.
3.6 If a client has any complaints with any aspect of service received they should take the matter up with their Director contact immediately. A copy of Walton Goodland’s Complaints Handling Procedure is available on request.
3.7 Information regarding each client is held on file for company use. However, at certain times this information may be given, in due course, to a third party. Clients may request, in writing, that no data be forwarded to other companies. All clients have a right of access to their data, under the Data Protection Act 1998.
4. LIMITATION OF LIABILITY
4.1 Notwithstanding anything to the contrary contained elsewhere in this Agreement the total liability in the aggregate of the Consultant under or in connection with this Agreement whether in contract or in tort, in negligence, for breach of statutory duty or otherwise (other than in respect of personal injury or death) shall not exceed the amount equalling 10 (ten) times the Consultant’s fees for providing the Services under this Agreement subject to a minimum cap of £500,000 (five hundred thousand pounds) and a maximum cap of £5,000,000 (five million pounds).
4.2 No action or proceedings under or in respect of this Agreement whether in contract, tort or in negligence or for breach of statutory duties or otherwise shall be commenced against the Consultant after the expiry of 6 years after the completion of the Services (or termination if earlier) or such earlier date as may be prescribed by law.
4.3 The Client agrees not to pursue any claims in contract, tort or statute (including negligence) against any Individual as a result of carrying out its obligations under or in connection with this Agreement at any time whether named expressly in this Agreement or not.
4.4 Subject to paragraph 4.1, but notwithstanding otherwise anything to the contrary contained in this Agreement, such liability of the Consultant for any claim or claims shall be further limited to such sum as it would be just and equitable for the Consultant to pay having regard to the extent of his responsibility for the loss or damage suffered as a result of the occurrence or series of occurrences in question (“the loss and damage”) and on the assumption that:
i)all other consultants and all contractors and sub-contractors shall have provided contractual undertakings on terms no less onerous than those set out above to the Client in respect of the carrying out of their obligations;
ii)there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this clause any such other party who is responsible to any extent for the loss and damage is contractually liable to the Client for the loss and damage; and
iii)all other consultants and all contractors and sub-contractors have paid to the Client such proportion of the loss and damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss and damage.
Unless otherwise agreed, and subject to the application, where appropriate, of current hourly rates, these Terms and Conditions of Walton Goodland Limited shall apply to any future instruction given by a client to Walton Goodland Limited. If, however, a client feels that there are any terms with which they are unhappy, in the first instance a client should contact their designated Director prior to any work being carried out on their behalf.