The following terms are the terms and conditions upon which all dealings between the Company and their clients are based. Clients of the Company are deemed to be aware of the terms and to accept that they are binding in their entirety.
- Appointment. The Client appoints the Company to provide services in return for payment. The Company will only accept instructions in writing.
- Price variation. All estimates and price arrangements with Clients will from time to time be subject to variation. Clients will be notified in writing of each variation.
- VAT. Valued Added Tax will be charged for services provided as appropriate.
- Preliminary work. All work carried out whether experimental or otherwise at the Clients request shall be chargeable.
- Liability. The Company will provide all information in Good Faith. The Company will not be held responsible for any loss or damages however incurred by its clients as a result of any actions taken based on information provided by the Company.
- Client’s Property.
- The Client’s property and all property supplied to the Company by or on behalf of the Client shall while it is in the possession of the Company or in transit to or from the Client be deemed to be the Client’s risk unless otherwise agreed and the Client should insure accordingly.
- The Company shall be entitled to make a reasonable charge for the storage of any Client’s property left with the Company and to dispose of any such property in unclaimed after 3 months.
- Insolvency. If the Client ceases to pay its debts in the ordinary course of business or is unable to pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him the Company without prejudice to other remedies, shall
- have the right not to proceed further with any contract or any other work for the Client and be entitled to charge for work already carried out and any costs incurred in so doing such charge to be immediate debt due by the Client and
- in respect of all unpaid debts due from the Client have a general lien on all goods and property in its possession and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as the Company thinks fit and to apply the proceeds towards any such debts.
- Law. These conditions and other express terms of the contract shall be governed and construed in accordance with the laws of England.
- Disclosures of information. The Company provides information for the use of its clients and will not be held responsible for any actions taken by third parties as a result of disclosure by the Client of any information to third parties of any nature for whatever purpose.
- Sources. The Company shall not be requested to divulge either its sources of information or its procedures for obtaining it.
- Rechecks. Rechecking at the Company’s expense will be undertaken only if the Company is notified in writing within 28 days of the Company’s dated report including full proof that our information was incorrect at the date of the report. Failure to do so will deem the report to be accepted by the Client and the invoice charge will stand.
- Cancellation. Cancellation of instructions can be accepted only on receipt of a written cancellation. The Company reserves the right to charge for any work done or any costs incurred.
- Terms of payment. Terms of payments are strictly 28 days. From date of invoice unless otherwise agreed in writing. The Company reserves the right to make interest charges for Invoices unpaid in excess of our terms the interest payment to be FHBR, 5% calculated on a daily basis.
- Force majeure. The Company shall be under no liability if it is unable to carry out any provisions of the contract for any reason beyond its control including (without limiting the foregoing Act of God legislation) war fire flood drought failure of power supply lock-out strike or other action taken by employees in contemplation of furtherance of a dispute or owing to any liability to produce materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to the Company elect to terminate the contract and pay for work done and costs incurred but subject thereto shall otherwise accept delivery when available.
DEFINITIONS:
- “Company”
- West View House (UK) Ltd t/a Arkline
- “Client”
- means the person, firm or organisation from whom instructions have been given to the Company
- “Conditions”
- means the terms and conditions set out in this document. Any amendments in respect of any special terms and conditions need only be considered part of the contract if agreed in writing by a Director of the Company
- “Services”
- means such of the Company’s tracing, process serving, credit rating, defendant status, reporting, debt collection, investigations and any such services of a similar nature requested by the Client
- “FHBR”
- means Finance House Base Rate
This Company is not a credit reference agency within the terms of section 145(B) of the Consumer Credit Act 1974. Subject to the obligations of credit reference agencies under the act, disclosure of the content and source of this opinion is not required