Tel:  07415 828437
Email:  f.childerstone@sky.com
 
   
TRADING TERMS AND CONDITIONS

APPLICATION OF THESE TERMS AND CONDITIONS

These Terms and Conditions apply to all services or any part of them provided by Fiona Childerstone Bookkeeping Services to the Client unless otherwise agreed in writing by a duly authorised representative of Fiona Childerstone Bookkeeping Services.

LIMITATION OF LIABILITY As with all businesses we have to take account of things going wrong. Accordingly these terms and conditions do limit our liability in such events. It is important that you read and understand the limitations of liability contained in these Terms and Conditions.

TERMINOLOGY Fiona Childerstone Bookkeeping Services (the Company) is hereby referred to as ‘FCBS’ in the following Terms and Conditions. Business Client (a Client who is dealing with Fiona Childerstone Bookkeeping Services in the course of its business) is hereby referred to as ‘the Client’ in the following Terms and Conditions.

1. QUOTATIONS (A) Any quotation given by FCBS will only be binding if given in writing on FCBS note paper by an employee of FCBS, and the quotation has not expired. A written quotation will be based on the basis of instructions given by the Client. FCBS reserves the right to amend any such quotation to reflect any incomplete, inaccurate or changed instructions given by the Client. Any verbal quotation is an estimate only and will not be binding unless and until confirmed by FCBS in writing. Any quotation is valid for a period of 14 days only from its date of issue by FCBS (provided that FCBS has not previously withdrawn it and subject to the provisions of condition 3 below) and shall be deemed to be an offer by FCBS to provide services upon these terms and conditions to the Client. Any order made in respect of a written quotation shall be deemed to be an acceptance of the offer set out in that written quotation by the Client. (B) The Client must ensure that any quotation it wishes to accept, its order and any applicable specification are complete and accurate. (C) (i) Subject to condition 3(B) a Client may not cancel an order which FCBS has accepted except with the agreement in writing of FCBS, and any Client cancelling any order hereby agrees to indemnify FCBS in full against all losses (including loss of profits) costs (including the costs of all labour used until the date of cancellation), damages, charges and expenses incurred by FCBS as a result of the cancellation. (ii) FCBS may cancel an order at any time prior to delivery upon notice to the Client whereupon a refund of any monies paid for the relevant services will be made.

PRICE (D) The price payable will (subject to condition 2 below) be as stated in FCBS’s written quotation and/or the order as accepted.

PRELIMINARY or PREPARATORY WORK (F) For the avoidance of doubt, all services supplied at the Client’s request including work and/or services of a preliminary or preparatory nature unless specifically stated otherwise are provided on the basis that they will be charged for. 2.

PRICE VARIATIONS (A) If there is any increase or decrease in the cost to FCBS in providing/fulfilling the order due to: (i) any factor beyond the reasonable control of FCBS; this includes (without limitation) increase in the cost of materials and other production costs; (ii) any change in delivery, dates, or specifications for the order requested by the Client; (iii) any delay caused by any instructions of the Client or failure of the Client to give FCBS adequate information or instructions. (B) Notwithstanding the provisions of 2(A) above: (i) FCBS shall seek to notify the Client of the amount of any increase as soon as practically possible. The Client shall have the right to cancel the Order if the reason for the price increase is as set out in paragraph 2(A)(i) above and the price is increased by more than 10% provided that notice of cancellation is given by the Client as soon as possible after notification of such increase, but the Client shall pay FCBS on a pro-rata basis calculated on the basis of the costs and fees originally agreed for any part of the services which have been completed at the time of the cancellation of the order. If the reason for the increase is as set out in paragraph 2(A)(ii) or (iii) above the Client may cancel if the price increase is more than 20% and the pro rata costs to be paid by the Client shall be calculated on the basis of the increased costs. 3.

PROVISION OF SERVICES, PAYMENT AND RISK (A) Provision of services shall be made at premises or such other place as agreed by the parties in writing. (B) Any dates specified by FCBS for performance of the services are approximate only and may not be made of the essence unless specifically agreed by FCBS as such in writing. If no dates are specified, services will be provided within a reasonable time limit.

IMPORTANT (C) Subject to the other provisions of these conditions FCBS shall have no liability to the Client for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the provision of services or if the delay has been caused by FCBS’s failure to use its reasonable commercial endeavours to comply with the delivery dates specified by the Client. (D) Any delay or failure in performance will not entitle the Client to cancel the order unless and until the Client has given 7 days prior written notice to FCBS requiring performance to be made within a reasonable period and FCBS has not performed within that period. If the Client cancels the order in accordance with this condition 3(D) then: (i) FCBS will refund to the Client any sums which the Client has paid to FCBS in respect of that order (or part order) which has been cancelled; (ii) the Client will be under no liability to make any further payments under condition 3(F) in respect of the order (or part order) which has been cancelled. (E) FCBS may invoice the Client: (i) for services provided on or at any time after performance of the service commences; (ii) notwithstanding the provisions of 3(F), in the event that an order is suspended or delayed as a result of any act or omission on the part of the Client for a period in excess of 30 days, for any part of the order which has been performed. (G) Payment is due in pounds sterling, or such Trading Terms and Conditionsother currency agreed in advance by FCBS in writing, immediately after issue of such invoice and FCBS shall be entitled to recover the payment. Time of payment shall be of the essence. (H) FCBS may perform any service in stages. Each separate instalment or stage shall be invoiced and paid for in accordance with the provisions of these terms and conditions. Each instalment or stage shall be a separate contract and no cancellation or termination under clause 3(D) of any one contract relating to an instalment or stage shall entitle the Client to repudiate or cancel any other contract, instalment or stage. (I) All sums payable to FCBS under any order shall become due immediately upon termination/ cancellation of the order. (J) All payments to be made by the Client under the order shall be made in full without any setoff, restriction or condition and without any deduction for or on account of any counterclaim. (K) If the Client fails to make any payment when payment is due then without prejudice to any other right or remedy available to FCBS, FCBS shall be entitled to: (i) cancel the order or suspend performance of the order (ii) appropriate any payment made by the Client as FCBS may think fit (notwithstanding any purported appropriation by the Client) (iii) charge the Client with all costs and expenses involved in collecting the overdue payment together with interest (both before and after any judgement) on the amount unpaid at the rate of 2% per month above Bank base rate or such higher rate as provided for by legislation from the due date until payment is made in full (part of a month being treated as a full month for the purpose of calculating interest) .(L) Legal title in the services shall not pass to the Client until FCBS receives payment in full (in cash or cleared funds) of all sums whether in respect of the services or otherwise due owing or incurred including VAT.