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1. |
Recommendations
– All forecasts, estimates and recommendations
are made in good faith and based on the
information available to FIEC at the time. The
preparation, achievement and successful
implementation of such forecasts, estimates and
recommendations are normally dependant at last
in part on the client’s staff or on outside
information provided by them or other factors
outside the control of FIEC No statement is
therefore deemed to be a representation,
undertaking or warranty or contractual term and
FIEC will not be liable if such statement proves
inaccurate. |
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2. |
Work
Undertaken – Each assignment is restricted
to the work defined in the FIEC proposal and/or
in the terms of reference prepared by or agreed
with the Client. Any variations to the scope of
work or to the time scales involved will be
agreed in writing.
FIEC will use its best endeavours to
adhere to any timetables or schedules agreed
with the Client. |
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3. |
Confidentiality
– FIEC will not disclose any information about
the client’s affairs without prior authority
from the Client. Similarly, any reports or
advice given to the Client are for the use of
the Client only and must not be disclosed to a
third party without prior written agreement.
FIEC will take all reasonable precaution against
such disclosure by its employees and
subcontractors. |
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4. |
Early
termination – As per contract and/or to be
agreed. |
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5. |
Quality
of Performance – FIEC will make its best
endeavours to ensure that it works to a
professional standard but shall not be liable in
any way for any loss or damage, or for any
liability to third parties, incurred by the
Client as a result of any act or omission,
whether negligent or otherwise. |
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6. |
Fees
– Where daily fee rates are quoted, theses fee
rates will relate to a normal working day of 7.5
hours, working in the course of carrying out the
assignment, whether on the Client’s premises
or not. Fees quoted in proposals are valid if
accepted within 30 days. |
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7. |
Overtime
– Unless the assignment is to be carried out
for a fixed price, hours worked in excess of the
normal working day will be charged at the
standard rate for each weekday hour and time and
a half for weekend and public holiday hours. |
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8. |
Fee
Increase – Fee rates will be held for the
duration of the assignment, unless this exceeds
six calendar months. Where a single
assignment exceeds six months’ duration,
after each six months fee rates for that
assignment may be increased as agreed but not
less than the official rate of inflation ruling
at the time of the increase. |
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9. |
Expenses
– Travel, hotel and expenses, such as
communications incurred by FIEC, are not
included in the fees and will be recharged to
the Client at cost. |
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10. |
Invoicing
– Invoices will be presented monthly
throughout the duration of the assignment.
Payment is due in sterling on presentation and
in any case no later than 30 days from the
invoice date.
FIEC reserves the right without further
notice to charge interest at the rate of 5% per
month or part month above the Bank of England
base rate prevailing at the time on balances
outstanding after 30 days. Any dispute in
respect of an invoice must be raised with FIEC
within seven days of invoice date. |
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11. |
VAT
– FIEC is not registered for VAT. Whereas such
VAT is applicable, it is payable by the Client
on all fees and expenses. |
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12. |
Office
Facilities – Where applicable, if FIEC is
working on the assignment at the Clients
premises, or elsewhere with prior agreement,
facilities shall be provided free-of-charge by
the Client with the usual office facilities
(including occasional secretarial assistance)
during the Client’s normal working hours, to
assist in the work on the assignment. |
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13. |
Property
and Title – No property or title to the
results or product of the assignment shall pass
from FIEC to the Client until the Client has
made complete payment to FIEC of all sums due in
respect of the assignment. |
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14. |
Dependence
– Entitlement to payment by the Client to FIEC
of any sums due in respect of the assignment
shall not be dependent upon receipt by the
Client of any payment, grant, loan or other
subsidy from whatever source. |
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15. |
Assignment
– FIEC shall not assign any contract between
it and the Client without the prior written
consent of the Client but shall be free at any
time to subcontract any parts or parts thereof. |
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16. |
Force
Majeure – In the event that FIEC is
prevented from carrying out its obligations as a
result of any cause such as but not limited to,
Acts of God, War, Strikes, Lock outs, Floods and
Failure of Third parties, FIEC shall be relieved
of its obligations and liabilities for as long
as such fulfilment is prevented. |
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17. |
Electronic
Data – Where data is supplied through a
network to the Client or his representative,
FIEC does
not warrant that data will be free from viruses
or other defects. The client assumes all
liability for any loss, damage or other
consequences. |
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18. |
Interpretation – These terms and conditions form part of the
contract for the assignment and shall be
construed according to English law. |
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