Terms and Conditions

These terms and conditions are the terms and conditions upon which Gallowglass Security Partners LLP (‘we/us/our/the LLP’) will supply enforcement agent services to you (‘you/ the Client’) (we and you each referred to as a ‘party’ and together as the ‘parties’). Where a client is a firm of solicitors, the term you/Client in these terms and conditions includes the solicitor’s own client. Any order placed by you for our services or your acceptance of a quotation for our services is deemed to constitute acceptance of these terms and conditions. Please read these terms and conditions carefully before placing an order with us or accepting our quotation and keep a copy of the same for future reference.
 

Clients who are not solicitors should note that the LLP is not a law firm and is therefore not qualified to give any legal advice. The LLP’s members, employees, officers and agents neither offer nor can give legal advice. If a Client requires advice about any issue relating to forfeitures or enforcement, he or she should seek independent legal advice.

The LLP reserves the right to decline any instruction, either when the enforcement is first made or subsequently in response to a request to apply an enforcement tactic that the LLP considers to be illegal, unethical or unreasonable in all the circumstances of the case and to do so without stating a reason.     

The LLP may revise these terms and conditions at any time by amending this document. You are expected to check http://gallowglasssecurity.com/  from time to time to take notice of any changes made, as they are binding on you.                

YOUR ATTENTION IN PATICULAR IS DRAWN TO THE PROVISIONS OF CONDITION 9.  

1. INTERPRETATION
   • The definitions and rules of interpretation in this clause apply in these terms and conditions (the ‘Conditions’):

‘Accepted’: in relation to a Purchase Order that it has been accepted by us in accordance with Condition 2.2.

‘Business Day’: means any day other than a Saturday, Sunday or public holiday in England on which clearing banks in London are generally open for business.

‘Client Personal Data’: means any Personal Data which will be processed (subject to the Data Protection Legislation) by us on behalf of you in connection with the Services.

‘Commencement Date’: the date on which the Services shall commence as set out in Condition 3.1.

‘Commercial Rent Arrears Recovery Services’: the service of obtaining payment (on behalf of a landlord) of commercial rent arrears from tenants.

‘Contract’: your Purchase Order and our acceptance of it, or your acceptance of a quotation for the Services by us under Condition 2.2.

‘Cost Schedule’: the cost schedule setting out the Price as stated in and/or annexed to the Accepted Purchase Order.

‘Data Protection Legislation’: the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) and any other laws applicable in the UK from time to time that relate to data protection, privacy or the use of information relating to individuals.

‘Debt Collection Services’: the service of obtaining repayments of debt on behalf of clients. 

‘Forfeiture of Lease Services’: the service of reacquiring possession of a premises from a tenant on behalf of a landlord.     
‘High Court Enforcement Services’: the services of enforcing Writs of Execution issued by the High Court.      
‘Instruction for Commercial Rent Arrears Recovery Services’: a Purchase Order for Commercial Rent Arrears Recovery Services.
‘Instruction for Debt Collection Services’: a Purchase Order for Debt Collection Services.

‘Instruction for Forfeiture of Lease Services: a Purchase Order for Debt Collection Services.  

‘Instruction for High Court Enforcement Services’: a Purchase Order for High Court Enforcement Services.

‘Intellectual Property Rights’: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

‘Our Manager’: our manager for the Services appointed under Condition 4.3.

‘Personnel’: our employees from time to time or any employees of any of our sub-contractors who are from time to time engaged in providing the Services.

‘Price’: the price for the Services (excluding VAT).  

‘Purchase Order’: an order for Services submitted by you to us.

‘Personal Data‘: the meaning given under the GDPR, including without limitation any information relating to an identified or identifiable natural person.

‘Services’: the services to be provided by us under the Contract as set out in an Accepted Purchase Order together with any other services which we provide or agree to provide to you.

 ‘VAT’: value added tax chargeable in the United Kingdom for the time being and any similar or replacement tax.

‘Your Manager’: your manager for services, appointed in accordance with Condition 5.1(a).

• Condition, schedule and paragraph headings shall not affect the interpretation of the Conditions.
• A ‘person’ includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assignees.
• Words in the singular shall include the plural and vice versa . Words in the masculine shall include the feminine and vice versa.
• A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
• A reference to ‘writing’ or ‘written’ includes both faxes and e-mails.
• Where the words ‘include(s)’, ‘including’ or ‘in particular’ are used in these Conditions, they are deemed to have the words ‘without limitation’ following them and where the context permits, the words ‘other’ and ‘otherwise’ are illustrative and shall not limit the sense of the words preceding them.
• Any obligation in the Contract on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
• References to Conditions and Schedules are to the relevant Conditions and Schedules of these Conditions.
• The terms ‘appropriate technical and organisational measures’, ‘controller’, ‘processor’, ‘process’, ‘data subject’, ‘personal data breach’ and ‘supervisory authority’ shall, unless the context otherwise requires, each have the respective meanings given to them in the GDPR.

GENERAL

2. APPLICATION OF CONDITIONS
   • These Conditions are the conditions upon which we shall supply the Services to you to the exclusion of all other terms and conditions or any other conditions which you may purport to apply under any purchase order or confirmation of order or any other document. Any order placed by you for Services to be provided by us to you or your acceptance of a quotation for Services by us to you under Condition 2 or your acceptance of commencement of the Services is deemed to constitute acceptance of these Conditions and these Conditions shall:-

(a)   apply to and be incorporated into the Contract; and

(b)   prevail over any inconsistent terms or conditions contained, or referred to, in your Purchase Order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.

• Your Purchase Order, or your acceptance of a quotation for our Services, constitutes an offer by you to purchase our Services specified in the relevant document on these Conditions. No offer placed by you shall be accepted by us other than:-

(a)   by a written acknowledgement issued and executed by us; or

(b)   (if earlier) by us starting to provide the Services,

when a contract for the supply and purchase of those Services on these Conditions will be established. Your standard terms and conditions (if any) attached to, enclosed with or referred to in any Purchase Order or other document shall not govern the Contract.

• You shall ensure that the terms of the Purchaser Order are complete and accurate.
• Quotations are given by us on the basis that no Contract shall come into existence except in accordance with Condition 2. Any quotation is valid for a period of thirty (30) days from its date, provided that we have not previously withdrawn it.

3. COMMENCEMENT AND DURATION
   • The Services to be supplied under the Contract shall be provided by us to you from the date of acceptance by us of your offer in accordance with Condition 2.
   • The Services supplied under the Contract shall continue to be supplied until the Services have been completed in accordance with the Accepted Purchase Order or where the Services are to be provided for an indeterminate period, they shall continue to be supplied unless the Contract is terminated in accordance with Condition 13.
4. OUR OBLIGATIONS
   • We shall use reasonable endeavours to provide the Services, in accordance in all material respects with the Accepted Purchase Order.
   • We shall have no obligation to perform any other duties or services and shall accordingly have no responsibility other than as expressly set out in the Contract.
   • We shall appoint Our Manager in respect of each Contract who shall have authority contractually to bind us on all matters relating to the Services or the Contract. We shall use reasonable endeavours to ensure that the same person acts as Our Manager throughout the term of the Contract, but may replace him from time to time where reasonably necessary in the interests of our business.
5. YOUR OBLIGATIONS
   • You shall:

(a)   co-operate with us in all matters relating to the Services and appoint Your Manager in relation to the Services, who shall have the authority contractually to bind you on matters relating to the Services other than in relation to the price charged for them;

(b)   provide, for us, our agents, sub-contractors and employees, in a timely manner and at no charge, access to your office accommodation, data and other facilities as reasonably requested by us;

(c)   provide, in a timely manner, such documents, information and materials as we may reasonably request and ensure that it is accurate in all material respects;

(d)   promptly inform us of anything which you become aware of which is likely to affect our safety, risk or obligations under the Contract or lead to an increase in our costs of providing the Services;

(e)   obtain and maintain all necessary licenses and consents and comply with all relevant legislation in relation to the Services, including without limitation health and safety, employment and equal opportunities legislation;

(f)    keep and maintain all materials, equipment, documents and other property of the LLP (the ‘LLP Materials‘) at your premises in safe custody at your own risk, maintain the LLP Materials in good condition until returned to the LLP, and not dispose of or use the LLP Materials other than in accordance with our written instructions or authorisation; and

(g)   not supervise, direct or control, nor have any right to supervise, direct or control us or any of our agents or sub contractors as to the manner in which the Services are provided.

• If performance of our obligations under the Contract is prevented or delayed by any act or omission by you, your agents, sub-contractors or employees, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
• You shall be liable to pay to us, on demand, all reasonable costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and loss arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from your fraud, negligence, failure to perform or delay in the performance of your obligations under the Contract, subject to us confirming such costs, charges and losses to you in writing.
• You shall not, without our prior written consent, at any time from the date of the Contract to the expiry of twelve (12) months after the later of the last date of supply of the Services or the termination of the Contract, solicit or entice away from us or employ or attempt to employ any person who is, or has been, engaged as our employee or our sub-contractor in the provision of the Services.
• Any consent given by us in accordance with Condition 4 shall be subject to you paying to us a sum equivalent to twenty per cent (20%) of the then current annual remuneration of our employee or sub-contractor or, if higher, twenty per cent (20%) of the annual remuneration to be paid by you to that employee or sub-contractor when that employee commences work for you.

6. CHANGE
   • Your Manager and Our Manager shall meet regularly to discuss matters relating to the Services. If either party wishes to change the scope or execution of the Services, it shall submit details of the requested change to the other in writing.
   • If either party requests a change to the scope or execution of the Services, we shall, within a reasonable time, provide a written estimate to you of:

(a)   the likely time required to implement the change;

(b)   any variations to our charges arising from the change; and

(c)   any other impact of the change on the terms of the Contract.

• We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature of, scope of, or the charges for the Services. We may, from time to time and subject to your prior written consent, which shall not be unreasonably withheld or delayed, change the scope of the Services, provided that such changes do not materially affect the nature or quality of the Services and, where practicable, we will give you as much notice as is reasonably possible of any such change.
• If you wish us to proceed with a change, we have no obligation to do so unless and until the parties have agreed in writing on the necessary variations to our charges, the Services and any other relevant terms of the Contract to take account of the change.
• We may charge for our time spent in assessing a request for a change from you on a time and materials basis in accordance with Condition 7.

7. CHARGES AND PAYMENT
   • Unless expressly stated otherwise in the Contract the conditions listed in this Condition 7 shall apply.
   • Condition 3 shall apply if we provide the Services on a time basis and Condition 7.4 shall apply if we provide the Services for a fixed price. The remainder of this Condition 7 shall apply in either case.
   • Where the Services are provided on a time basis:-

(a)   the Price shall be calculated in accordance with our fee rates, and agreed with you in writing;

(b)   all charges quoted to you shall be exclusive of VAT which we shall add to our invoices at the appropriate rate; and

(c)   we shall ensure that every individual whom we engage in relation to the provision of the Services completes records of time incurred, and we shall use such time records to calculate the charges covered by each periodic invoice referred to in Condition 7.3 (d).

• Where the Services are provided for a fixed price, the Price shall be the amount set out in the Accepted Purchase Order. The total price shall be paid to us (without deduction or set-off) and may be due in instalments, as set out in the Accepted Purchase Order. At the end of a period specified in the Accepted Purchase Order in respect of which an instalment is due, we shall invoice you for the charges that are then payable, together with expenses, and VAT, where appropriate, calculated as provided in Condition 5.
• Any fixed price and/or daily rate contained in the Accepted Purchase Order excludes:-

(a)   the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by the individuals whom we engage in connection with the Services and the cost of services reasonably and properly provided by third parties and required by us for the supply of the Services. Such expenses and third party services shall be invoiced by us at cost; and

(b)   VAT, which we shall add to our invoices at the appropriate rate.

• Payment of our invoice is due within fourteen (14) days of receipt (‘due date for payment’).
• If our costs of providing the Services shall increase as a result of changes in legislation or regulations applying to the performance of the Services or increased taxation or increases in the cost of labour or fuel or of compliance with our obligations in respect of health and safety to our Personnel, then we may increase the charges under the Contract to reasonably reflect such increased costs by giving one (1) month’s notice in writing to you identifying the increases in the charges and the reasons for those increases. If you do not accept the increased charges they will remain unchanged and we may without prejudice to the respective rights and remedies of either party accrued to the date thereof terminate the Contract by giving three (3) months’ notice in writing.
• Without prejudice to any other right or remedy that we may have, if you fail to pay us on the due date for payment we may:-

(a)   charge interest on such sum from the due date for payment at the annual rate of four per cent (4%) above the base lending rate from time to time of The Bank of England, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and we may claim such additional sums as may be due from time to time under the Late Payment of Commercial Debts (Interest) Act 1998;

(b)   suspend all Services until payment has been made in full; and

(c)   if applicable, withdraw credit terms for any further work requested.

• The time for payment shall be of the essence of the Contract.
• All sums payable to us under the Contract shall become due immediately on termination of the Contract, notwithstanding any other provision. This Condition 10 is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
• You shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by us.
• We may, without prejudice to any other rights we may have, set off your liabilities to us against any of our liabilities to you.

8. CONFIDENTIALITY AND OUR PROPERTY
   • You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us, our employees, agents or sub-contractors and any other confidential information concerning our business or our products which you may obtain. You shall restrict disclosure of such confidential material to such of your employees, agents or sub-contractors as need to know the same for the purpose of discharging your obligations to us, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind you.
   • All materials and data supplied by us to you shall, at all times, be and remain our exclusive property, but shall be held by you in safe custody at your own risk and maintained and kept in good condition by you until returned to us, and shall not be disposed of or used other than in accordance with our written instructions or authorisation.
   • This Condition 8 shall survive termination of the Contract, however arising.
9. LIMITATION OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION 9

• This Condition 9 set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:-

(a)   any breach of the Contract;

(b)   any use made by you of the Services or any part of them; and

(c)   any representation, statement or delictual act or omission (including negligence) arising under or in connection with the Contract.

• All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
• Nothing in these Conditions limits or excludes our liability:-

(a)   for death or personal injury resulting from negligence; or

(b)   for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.

• Subject to Condition 2 and Condition 9.3

(a)   we shall not be liable for:

(i)       loss of profits;

(ii)      loss of business;

(iii)     depletion of goodwill and/or similar losses;

(iv)     loss of anticipated savings;

(v)      loss of goods;

(vi)     loss of contract;

(vii)    loss of use;

(viii)   loss of corruption of data or information;

(ix)     actions taken by us upon instruction from you or any of your employees, agents or sub contractors which were outside the scope of the Services; or

(x)      any special, indirect, consequential or pure economic losses, costs, damages, charges or expenses;

(b)   our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to five hundred thousand pounds (£500,000); and

(c)   we shall not be liable for any loss, damage or expense (‘Loss’) unless:

(i)       you notify such Loss to us promptly and in any event within two (2) Business Days of the date on which you became, or ought reasonably to have become, aware of the circumstances giving rise to such Loss; and

(ii)      the claim is made in writing within five (5) Business Days after the provision of the relevant part of the Services, provided that if you prove that it was not reasonably possible for you to make a claim in writing within this time limit and you make such claim within a reasonable time, we shall not have the benefit of the exclusion of liability afforded by this Condition 9.4 (c).

10. EMPLOYMENT ISSUES
    • You shall indemnify us against all actions, proceedings, costs, claims, penalties, fines, liabilities, damages, expenses, demands and legal or professional fees in respect of any claim that we have incurred liability by virtue of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ‘Regulations’) and which:

(a)   arise out of or are connected with the employment or termination of employment of any employee prior to, or on, the relevant transfer of such employee; and/or

(b)   relate to any employee whom we had not expressly agreed to employ; and/or

(c)   result in increased costs arising as a result of the terms and conditions of any employee not having been fully or accurately disclosed to us and so not taken into account in our costings.

• If any contract of employment with any person shall be deemed by us to have effect after the Commencement Date as if originally made between us and that person by virtue of the Regulations and that at the Commencement Date we are not aware of such contract of employment, then we may within three (3) months of the Commencement Date or within thirty (30) days of becoming aware of the operation of the Regulations (if later) terminate the contract of employment in question and you agree to indemnify us against all actions, proceedings, costs, claims, penalties, fines, liabilities, damages, expenses, demands and legal or professional fees arising out of the termination.

11. INTELLECTUAL PROPERTY
    • All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the LLP. 
    • You acknowledge that, in respect of any third party Intellectual Property Rights in the Services, your use of any such Intellectual Property Rights is conditional on the LLP obtaining a written licence from the relevant licensor on such terms as will entitle the LLP to license such rights to you.
    • All the LLP Materials are the exclusive property of the LLP.
12. DATA PROTECTION AND DATA PROCESSING
    • Both parties will comply with all applicable requirements of the Data Protection Legislation. This Condition 12 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
    • The parties acknowledge that for the purposes of the Data Protection Legislation, you are the controller and we are the processor in respect of Client Personal Data.
    • Without prejudice to the generality of Condition 1, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of the Services. You shall confirm to us the lawful basis of processing any Personal Data which is transferred to us.
    • The parties agree that Schedule 1 (Data Processing Information) sets out the purpose of the processing to be performed by us on behalf of you, the categories of data subjects to whom the Client Personal Data relate and the types of Personal Data that will be processed by us on behalf of you as Client Personal Data.
    • Without prejudice to the generality of Condition 1, we shall, in relation to any Client Personal Data processed in connection with the performance by us of our obligations relating to the Services:
      • process that Client Personal Data only on your written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process such Client Personal Data (‘Applicable Data Processing Laws’). Where we are relying on Applicable Data Processing Laws for processing such Client Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Data Processing Laws unless those Applicable Data Processing Laws prohibit us from so notifying you;
      • ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Client Personal Data and against accidental loss or destruction of, or damage to, Client Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Client Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Client Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
      • ensure that all personnel who have access to and/or process Client Personal Data are obliged to keep the Client Personal Data confidential;
      • not transfer any Client Personal Data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
        • we or you have in place with the non-EEA receiving entity the EU model contractual clauses as set out in Decisions 2010/87/EU or any alternative version of those clauses issued by the European Commission or such other supervisory authority from time to time;
        • the transfer is to a non-EEA country that is deemed to have an adequate level of protection from time to time by the European Commission or such other supervisory authority;
        • there is an approved code of conduct in place by an association or other body representing us or you that applies to the non-EEA territory or territories to which the Client Personal Data is to be transferred;
        • there is an approved certification mechanism in place in respect of the non-EEA territory;
        • to the extent that the transfer is to an entity located in the United States, such entity participates in the EU-US Privacy Shield or such other mechanism that may replace or supersede it from time to time; or
        • you or we have provided appropriate safeguards in relation to the transfer;
      • assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
      • notify you without undue delay (and in any event within 48 hours) on becoming aware of a personal data breach;
      • on your written instructions, delete or return Client Personal Data and copies thereof to you on termination of the Services unless required by Applicable Data Processing Law to store the Client Personal Data;
      • maintain complete and accurate records and information to demonstrate its compliance with this Condition 5; and
      • at no cost to you, submit and contribute to audits and inspections carried out by you (or a third-party appointed by you to carry out such audits or inspections) for the purpose of ensuring our compliance with this Condition 5. Any such audit or inspection shall be subject to the following restrictions:
        • you shall provide reasonable written notice of the date of inspections or audits;
        • you may perform such audits no more than once per year unless required by the Data Protection Legislation;
        • any third party appointed by you to perform such audit or inspection shall be required to execute a confidentiality agreement acceptable to us prior to such audit or inspection;
        • audits must be conducted during regular business hours, subject to our policies, and may not unreasonably interfere with our business activities;
        • you must provide us with any audit reports generated in connection with any audit at no charge unless prohibited by applicable law. You may use the audit reports only for the purposes of meeting its audit requirements under Data Protection Legislation and/or confirming compliance with the requirements of this Condition 5. The audit reports shall be confidential; and
        • nothing in this Condition 5.9 shall require us to breach any duties of confidentiality owed to any of our customers, employees or third parties.
      • You consent to us appointing sub-processors of Personal Data under the Contract. We confirm that we have entered into or (as the case may be) will enter into, a written agreement incorporating terms which are substantially similar to those set out in this Condition 12 with each sub-processor. As between you and us, we shall remain fully liable for all acts or omissions of any sub-processor appointed by us pursuant to this Condition 12.
        
        
      • The provisions of this Condition 12 will survive termination or expiry of the Services.

13. TERMINATION
    • Without limiting its other rights or remedies either party may terminate the Contract by giving the other party not less than 1 month’s written notice.
    • Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if:-

(a)   the other party commits a material breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of that party being notified in writing of the breach; or

(b)   an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or

(c)   an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); or

(d)   a receiver or administrative receiver is appointed of any of the other party’s assets or undertakings, or circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or administrative receiver of the other party, or if any other person takes possession of or sells the other party’s assets; or

(e)   the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or

(f)   the other party ceases, or threatens to cease, to trade; or

(g)   there is a change of control of the other party; or

(h)   the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.

• Notwithstanding anything to the contrary in the Conditions or the Contract, we shall have the right to terminate the Contract with immediate effect by notice in writing to you in the event of:

(a)   a material adverse change beyond our reasonable control in the terms and conditions of our insurance coverage relevant for the Contract; or

(b)   if you fail to pay any amount due under this Contract on the due date for payment.

• On termination of the Contract for any reason:-

(a)   you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt;

(b)   you shall, within a reasonable time, return all of the material and data supplied by us to you. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned or repossessed, you shall be solely responsible for their safe keeping; and

(c)   the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.

• On termination of the Contract by us under Condition 1 above or upon termination by you in breach of the terms of the Contract, without prejudice to our rights to claim damages, you shall become immediately liable to pay to us an amount comprising the aggregate of:

(a)   all arrears of charges and other monies accrued due and unpaid under the terms of the Contract together with interest thereon on the basis specified in Condition 7.8;

(b)   any costs and expenses incurred by us in locating and recovering our property pursuant to Condition 13.3 (b) or collecting any payments due under the Contract or otherwise in obtaining the due performance of your obligations hereunder;

(c)   a sum calculated as twenty per cent (20%) of the charges payable under the Contract for the period from the date of actual termination until the earliest date on which the Contract could be terminated pursuant to Condition 3.2;

(d)   a sum calculated as the amount by which our costs and expenses incurred in connection with the redundancy of any Personnel arising from termination exceed the sum calculated in accordance with Condition 13.4 (c), provided that we shall make reasonable efforts to redeploy Personnel, but shall not be obliged to create new roles; and

(e)   all and any other sums due under the Contract.

14. FORCE MAJEURE

We shall have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

15. VARIATION

Subject to Condition 6, no variation of the Contract or these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties.

16. WAIVER
    • A waiver of any right under the Contract is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
    • Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by
17. SEVERANCE
    • If any provision (or part of a provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
    • If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
    • The parties agree, in the circumstances referred to in Condition 1 and if Condition 17.2 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid, unenforceable or illegal provision. The obligations of the parties under any invalid or unenforceable provision of the Contract shall be suspended while an attempt at such substitution is made.
18. STATUS OF PRE-CONTRACTUAL STATEMENTS

Each of the parties acknowledges and agrees that, in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Conditions or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.

19. ASSIGNMENT
    • You shall not, without our prior written consent assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Contract.
    • We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the Contract.
20. NO PARTNERSHIP OR AGENCY

Nothing in the Contract is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

21. RIGHTS OF THIRD PARTIES

The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assignees and is not intended to benefit, or be enforceable by, anyone else.

22. NOTICES

Notices given under the Contract shall be in writing, sent for the attention of the person, and to the address, fax number or email address, given in the Contract (or such other person, address, fax number or email address as the relevant party may notify to the other party) and shall be delivered personally, sent by email, sent by fax or sent by pre-paid, first-class post or recorded delivery. A notice is deemed to have been received, if delivered personally, at the time of delivery, in the case of fax, at the time of transmission (with a valid transmission report), in the case of email, at the time of transmission (provided no delivery error has been received within forty eight (48) hours of transmission), in the case of pre-paid first class post or recorded delivery, forty eight (48) hours from the date of posting and, if deemed receipt under this Condition 22 is not within business hours (meaning 9.00 am to 5.30 pm on a Business Day), at 9.00 am on the first Business Day following delivery.

23. GOVERNING LAW AND JURISDICTION
    • The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England.
    • The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject
24. SUPPLEMENTARY TERMS AND CONDITIONS FOR DEBT COLLECTION SERVICES

The terms contained in Condition 25 to Condition 27 shall apply when the Services being provided are Debt Collection Services and in such circumstances, the terms of Condition 25 to Condition 27 shall prevail over any inconsistent terms or conditions contained, or referred to, elsewhere in these Conditions.

25. YOUR RESPONSIBILITIES
    • By completing and signing the Instruction for Debt Collection Services, you agree to the following conditions:
      • we shall be authorised to arrange for the preparation of letters and correspondence on your behalf; and
      • we shall be authorised to complete the debt collection procedure being done by the LLP through its employees, officers and agents.
    • It is for you to ensure that the details completed in the Instruction for Debt Collection Services are true and correct. We accept no responsibility for costs or damages resulting from incorrect, untrue or otherwise flawed information given in an instruction.
    • It is for you to ensure that any new information or communication that comes to light or is received from the pursued third party or any of its representatives is passed via email to the LLP within 24 hours of the information being received by you. Where information is not communicated to the LLP timeously in accordance with this Condition, you shall indemnify us for all costs incurred by us as a result of action taken against us which would not have been taken had the information been so communicated.
    • By instructing the LLP, you agrees to abide by and pay the fees as set out in the Cost Schedule.
    • You must serve notice of cancellation of Debt Collection Services by email. The rules governing termination of this Contract shall otherwise be as stated elsewhere in these Conditions.
26. THE LLP’S RESPONSIBILITIES
    • When the LLP receives a completed and signed Debt Collection Services Instruction it will acknowledge receipt and issue to you a unique reference number.
    • When a Debt Collection Services Instruction is received, the LLP will carry it out in accordance with English Law using its employees, agents and officers local to or assigned to the area where action is required.
    • The LLP will provide updates to you on a minimum weekly basis. Where new information is obtained or activity takes place you will be advised accordingly within 24 hours of the information or activity coming to the knowledge of the LLP.
    • Where the debt has not been received in full and you direct that you will be pursuing legal action, the LLP will provide a timeline of events to assist with your claim.
    • The LLP reserves the right to charge an additional fee if work of an exceptional or unexpected nature is required. In such event, the LLP will give you written details where possible before charging the intended amount. You will therefore have an opportunity to instruct the LLP not to proceed as intended and so avoid incurring the additional fee. Where this is not possible (out of business hours for example) the LLP will only continue with work that is deemed essential to complete the Debt Collection Services.
    • The LLP reserves the right to change its fees from time to time without notice. Any change in the fees will not apply to any Debt Collection Services Instructions that have already been accepted by us in accordance with these Conditions, unless the change is a direct consequence of a change in VAT or in court fees that have already taken effect.
27. GENERAL TERMS APPLYING TO DEBT COLLECTION SERVICES
    • The terms ‘judgment debtor’ and ‘debtor’ in this Condition 27 to Condition 36 means any person being enforced against.
    • The LLP will not discriminate against any person it enforces against, or any other person it encounters during the course of enforcement action (for example, members of a debtor’s family or a debt adviser), on the basis of age, colour, disability, race, religion or sexual orientation. The LLP will treat every person fairly and impartially, in the interests of justice, to maximise successful enforcement in every case.
    • The LLP reserves the right to decline any instruction, either when the application for transfer and enforcement is first made or subsequently in response to a request to apply an enforcement tactic that the LLP considers to be illegal, unethical or unreasonable in all the circumstances of the case and to do so without stating a reason. When this happens, any monies paid to the LLP in respect of action already taken may be refunded upon written request but subject to the approval of the LLP (at its absolute discretion). This concession does not include any fees which were made payable to Her Majesty’s Court & Tribunals Service.
    • We may revise these Conditions at any time by amending this document. You are expected to check http://gallowglasssecurity.com/ from time to time to take notice of any changes we make, as they are binding on you.
28. SUPPLEMENTARY TERMS AND CONDITIONS FOR HIGH COURT ENFORCEMENT SERVICES

The terms contained in Conditions 29 and 30 shall apply when the Services being provided are High Court Enforcement Services and in such circumstances, the terms of Conditions 29 and 30 shall prevail over any inconsistent terms or conditions contained, or referred to, elsewhere in these Conditions.              

29. YOUR RESPONSIBILITIES
    • By completing and signing the Instruction for High Court Enforcement Services, you agree to the following conditions:
      • the LLP arranging for the transfer of the judgment or order to the High Court for enforcement; and
      • the enforcement being done by the LLP through its employees, officers and agents.  
    • It is for you to ensure that the details completed in the Instruction for High Court Enforcement Services are true and correct. The LLP accepts no responsibility for costs or damages resulting from incorrect, untrue or otherwise flawed information given in an instruction.
    • By instructing the LLP, you agree to abide by and pay the regulatory charges as directed by the Ministry of Justice and the High Court Enforcement Officers Association in relation to abortive fees for address visited if enforcement is unsuccessful. This charge is set as a minimum of £00 (as instructed by The Taking Control of Goods (Fees) Regulations 2014) for each address visited. The LLP will always charge the £75.00 minimum, unless exceptional circumstances or additional disbursements, such as for locksmiths and removal of vehicles, have been authorised by you.
    • If you have direct contact with the judgment debtor or the debtor’s representative (for example, a debt adviser), you should re-direct that person to the LLP and notify the LLP of this immediately. This is necessary to maintain clear lines of communication and to avoid confusion. Furthermore, if you receive payment or part-payment direct from or on behalf of the debtor, you should notify the LLP immediately and forward the payment to the LLP within 24 hours. This is also to maintain clear lines of communication and to avoid the mutual embarrassment caused by enforcement action on a debt already paid. Failure to comply with this Condition may render you liable for the LLP’s full fees, costs and charges incurred by unnecessary or abortive enforcement action taken in good faith.
    • When you instruct the LLP to remove goods and a locksmith, tow truck, removal lorry or any specialist equipment or service is required by the LLP for the removal of goods, the LLP will require a signed indemnity from you before the removal can be scheduled. You will be liable for the costs and charges of these if the sale of the seized goods and/or payment by the defendant does not fully cover them. You must pay any such fees within 30 days of receiving the LLP’s invoice.
    • You will be liable for the LLP’s fees, costs and charges in relation to work done if a judgment is set aside by the court, or a consent order is agreed between the claimant and defendant, or if you negotiate a settlement with the judgment debtor or the debtor’s representative or any other person seeking to settle the debt on behalf of the debtor (with or without the debtor’s knowledge or consent).
    • If you cancel an instruction for transfer, enforcement or any specific enforcement tactic or action (for example, removal of goods), it should be sent directly to the LLP in writing by post or by email. The Client may be liable to regulatory abortive fees or fees for work done prior to receiving the cancellation.
30. THE LLP’S RESPONSIBILITIES
    • When the LLP receives a completed and signed Instruction for High Court Enforcement Services it will acknowledge receipt and issue to you a unique reference number.
    • When submitting to the County Court the application for transfer and enforcement, the LLP cannot bear responsibility for or be liable for costs incurred by lost or damaged documents. Furthermore, it is for the County Court to seal and return the Writ of Control that authorises the enforcement and the LLP has no control over how long a court will take to do this. If, however, the Writ is not received by the LLP within 21 days from the date of sending its own acknowledgement to you, the LLP will contact the County Court for a progress report and notify you of the reason given.
    • When a Writ of Control is received, the LLP will enforce it in accordance with the High Court Enforcement Officers Regulations 2004 (as amended) using its employees, agents and officers local to or assigned to the area where enforcement action is required.
    • The LLP will make up to three visits to the enforcement address. If the judgment debtor has vacated the property or if the LLP is unable to gain peaceable access an abortive fee of £00 (as instructed by The Taking Control of Goods (Fees) Regulations 2014) will be charged to you.
    • If you direct the LLP to visit other premises than those identified on the Writ of Control, you will be liable to an abortive fee of £00 (as instructed by The Taking Control of Goods (Fees) Regulations 2014) for each address visited if enforcement is unsuccessful there.
    • The LLP usually accepts payment in cleared funds only: that is, cash and electronic bank transfer. Cheques are not accepted as they are a promise of payment and not cleared funds but should you request a cheque be accepted, you acknowledge that any charges incurred to the LLP should it not be honoured will be reimbursed by you.
    • If a debtor is unable to pay in full and has goods available that may be taken into control that are of insufficient value to clear the debt and associated costs, the LLP will seek part- payment and secure the balance of the debt by way of a structured payment plan under a Controlled Goods Agreement with a view to clearing the total amount due in reasonable time; the LLP will detail the arrangement in a report to you. The Controlled Goods Agreement assists in protecting your and the debtor’s position by preventing any other creditor enforcing against those goods.
    • The LLP will take its fees, costs and charges in full from the first payment where at least double the amount to be taken is collected. If the amount of the first instalment is less than double, the LLP will allocate the instalment and subsequent instalments on a 50/50 basis with you until the fees, costs and charges are paid in full.
    • In the event of an agreed payment plan being breached by way of, part, late or non payment then further enforcement action in accordance with The Tribunals Courts and Enforcement Act 2007 will be taken where justified. Any additional fees, costs and charges incurred by this action will be added to the total amount owed by the debtor in accordance with relevant legislation. Where direct instruction is received from you and recommendations have been made by the LLP that the goods are insufficient to cover the full balance, you agree to indemnify the LLP and our instructed contractors, employees, officers and agents for the associated costs, legal action and disbursements of doing so. Where such action would leave the debtor in a more detrimental position, the LLP reserves the right to refuse such action.
    • The LLP will comply with The Insolvency Act 1986 (notably (but not exclusively) sections 184 & 346) and with The Insolvency Proceedings (Monetary Limits) Order 1986. It will therefore hold any monies collected or received from the sale of goods for a period of 14 days before payment is made to you. Payment will usually be made on the 15th day, unless that is not a Business Day, in which case payment will be made the first Business Day following. Please note that monies held by the LLP for this period belong to neither the debtor nor you.
    • The LLP reserves the right to charge an additional fee if work of an exceptional or unexpected nature is required. When this happens, the LLP will give you written details before charging the intended amount. You will therefore have an opportunity to instruct the LLP not to proceed as intended and so avoid incurring the additional fee.
    • The LLP reserves the right to change its fees from time to time without notice. Any change in the fees will not apply to any High Court Enforcement Instructions that have already been accepted by us in accordance with these Conditions, unless the change is a direct consequence of a change in VAT or in court fees that have already taken effect.
31. SUPPLEMENTARY TERMS AND CONDITIONS FOR COMMERCIAL RENT ARREARS RECOVERY SERVICES

The terms contained in Conditions 32 to 33 shall apply when the Services being provided are Commercial Rent Arrears Recovery Services and in such circumstances, the terms of Conditions 32 to 33 shall prevail over any inconsistent terms or conditions contained, or referred to, elsewhere in these Conditions.           

32. YOUR RESPONSIBILITIES
    • By completing and signing the Instruction for Commercial Rent Arrears Recovery Services and to enforce a Warrant of Control, you agree to the enforcement being done by the LLP through its employees, officers and agents.
    • It is for you to ensure the details completed in the Instruction for Commercial Rent Arrears Recovery Services are true and correct. The LLP accepts no responsibility for costs or damages resulting from incorrect, untrue or otherwise flawed information given in an instruction.
    • By instructing the LLP, you agree to abide by and pay the regulatory charges as directed by the Ministry of Justice and the High Court Enforcement Officers Association in relation to abortive fees for address visited if enforcement is unsuccessful. This charge is set as a minimum of £00 (as instructed by The Taking Control of Goods (Fees) Regulations 2014) for each address visited. The LLP will always charge the £75.00 minimum, unless exceptional circumstances or additional disbursements, such as for locksmiths and removal vehicles, have been authorised by you.
    • If you have direct contact with the judgment debtor or the debtor’s representative (for example, a debt adviser), you should re-direct the person to the LLP and notify the LLP of this immediately. This is necessary to maintain clear lines of communication and to avoid confusion. Furthermore, if you receive payment or part-payment direct from or on behalf of the debtor, you should notify the LLP immediately and forward the payment within 24 hours. This is also to maintain clear lines of communication and to avoid the mutual embarrassment caused by enforcement action on a debt already paid. Failure to comply with this condition may render you liable for the LLP’s full fees, costs and charges incurred by unnecessary or abortive enforcement action taken in good faith.
    • When you instruct the LLP to remove goods and a locksmith, tow truck, removal lorry or any specialist equipment or service is required by the LLP for the removal of goods, the LLP will require a signed indemnity from you before the removal can be scheduled. You will be liable for the costs and charges of these if the sale of the seized goods and/or payment by the defendant does not fully cover them; you will have to pay them within 30 days of receiving the LLP’s invoice.
    • You will be liable for the LLP’s fees, costs and charges in relation to work done if a judgment is set aside by the court, or a consent order is agreed between the claimant and defendant, or if a Client negotiates a settlement with the judgment debtor or the debtor’s representative or any other person seeking to settle the debt on behalf of the debtor (with or without the debtor’s knowledge or consent).
    • If you cancel an instruction for enforcement or any specific enforcement tactic or action (for example, removal of goods), it should be sent direct to the LLP in writing by post or by email. The Client may be liable to regulatory abortive fees or fees for work done prior to receiving the cancellation.
33. THE LLP’S RESPONSIBILITIES
    • When the LLP receives a completed and signed Instruction for Commercial Rent Arrears Recovery Services it will acknowledge receipt and issue to you a unique reference number.
    • When submitting to the County Court the application for transfer and enforcement, the LLP cannot bear responsibility for or be liable for costs incurred by lost or damaged documents. Furthermore, it is for the County Court to seal and return the Writ of Control that authorises the enforcement and the LLP has no control over how long a court will take to do this. If, however, the Writ is not received by the LLP within 21 days from the date of sending its own acknowledgement to you, the LLP will contact the court for a progress report and notify you of the reason given.
    • When a Warrant of Control is received, the LLP will enforce it in accordance with the Tribunals Courts and Enforcement Act 2007 using its employees, agents and officers local to or assigned to the area where enforcement action is required.
    • The LLP will make up to three visits to the enforcement address. If the judgment debtor has vacated the property or if the LLP is unable to gain peaceable access an abortive fee of £00 (as instructed by The Taking Control of Goods (Fees) Regulations 2014) will be charged to you.
    • If you direct the LLP to visit other premises than those identified on the Writ, you will be liable to an abortive fee of £00 (as instructed by The Taking Control of Goods (Fees) Regulations 2014) for each address visited if enforcement is unsuccessful there.
    • The LLP usually accepts payment in cleared funds only: that is, cash and electronic bank transfer. Cheques are not accepted as they are a promise of payment and not cleared funds but should you request a cheque be accepted the you acknowledge that any charges incurred to the LLP should it not be honoured will be reimbursed by you.
    • If a debtor is unable to pay in full and has goods available that may be taken into control that are of insufficient value to clear the debt and associated costs, the LLP will seek part- payment and secure the balance of the debt by way of a structured payment plan under a Controlled Goods Agreement with a view to clearing the total amount due in reasonable time; the LLP will detail the arrangement in a report to you. The Controlled Goods Agreement assists in protecting the your and the debtor’s position by preventing any other creditor enforcing against those goods.
    • The LLP will take its fees, costs and charges in full from the first payment where at least double the amount to be taken is collected. If the amount of the first instalment is less than double, the LLP will allocate the instalment and subsequent instalments on a 50/50 basis with you until the fees, costs and charges are paid in full.
    • In the event of an agreed payment plan being breached by way of, part, late or non payment then further enforcement action in accordance with The Tribunals Courts and Enforcement Act 2007 will be taken where justified. Any additional fees, costs and charges incurred by this action will be added to the total amount owed by the debtor in accordance with relevant legislation. Where direct instruction is received from you and recommendations have been made by the LLP that the goods are insufficient to cover the full balance, you agree to indemnify the LLP and our instructed contractors, employees, officers and agents for the associated costs, legal action and disbursements of doing so. Where such action would leave the debtor in a more detrimental position, the LLP reserves the right to refuse such action.    
    • The LLP will comply with The Insolvency Act 1986 (notably but not exclusively Sections 184 & 346) and with The Insolvency Proceedings (Monetary Limits) Order 1986. It will therefore hold any monies collected or received from the sale of goods for a period of 14 days before payment is made to you. Payment will usually be made on the 15th day, unless that is not a Business Day, in which case payment will be made the first working day following. Please note that monies held by the LLP for this period belong to neither the judgment debtor nor you.
    • The LLP reserves the right to charge an additional fee if work of an exceptional or unexpected nature is required. When this happens, the LLP will give you written details before charging the intended amount. You will therefore have an opportunity to instruct the LLP not to proceed as intended and so avoid incurring the additional fee.
    • The LLP reserves the right to change its fees from time to time without notice. Any change in the fees will not apply to any instructions that have already accepted in accordance with these Conditions, unless the change is a direct consequence of a change in VAT or in court fees that have already taken effect.
    • Where fees due to the LLP by a Client are outstanding, the LLP reserves the right to delay enforcement action until such time as all outstanding monies due are paid in full.
34. SUPPLEMENTARY TERMS AND CONDITIONS FOR FORFEITURE OF LEASE SERVICES

The terms contained in Conditions 35 and 36 shall apply when the Services being provided are Forfeiture of Lease Services and in such circumstances, the terms of Conditions 35 and 36 shall prevail over any inconsistent terms or conditions contained, or referred to, elsewhere in these Conditions.         .

35. YOUR RESPONSIBILITIES
    • By completing and signing the Instruction for Forfeiture of Lease Services, you agrees to the following:
      • the LLP arranging for the forfeiture of lease;
      • and the enforcement being done by the LLP through its employees, officers and agents.
    • It is for you to ensure that the details completed in the Instruction for Forfeiture of Lease Services are true and correct. The LLP accepts no responsibility for costs or damages resulting from incorrect, untrue or otherwise flawed information given in an instruction.
    • By instructing the LLP, you agree to abide by and pay the fees as set out in the Cost Schedule.
    • You must serve notice of cancellation of Forfeiture of Lease Services by email. The rules governing termination of this Contract shall otherwise be as stated elsewhere in these Conditions.
36. THE LLP’S RESPONSIBILITIES
    • When the LLP receives a completed and signed of Instruction for Forfeiture of Lease Services it will acknowledge receipt and issue to you a unique reference number.
    • When an Instruction for Forfeiture of Lease Services is received, the LLP will enforce it in accordance with English Law using its employees, agents and officers local to or assigned to the area where enforcement action is required.
    • The LLP will where possible use a Locksmith from an approved panel unless you request to use your own appointed Locksmith. Where this right is exercised the LLP bears no responsibility for unsuccessful forfeitures where entry or access to the property is not obtained but the LLP reserves the right to charge for such an attendance.
    • The LLP reserves the right to charge an additional fee if work of an exceptional or unexpected nature is required. When this happens, the LLP will give you written details where possible before charging the intended amount. You will therefore have an opportunity to instruct the LLP not to proceed as intended and so avoid incurring the additional fee. Where this is not possible out of business hours for example the LLP will only continue with work that is deemed essential to complete the forfeit.
    • The LLP reserves the right to change its fees from time to time without notice. Any change in the fees will not apply to any instructions that have already been accepted by us in accordance with thee Conditions, unless the change is a direct consequence of a change in VAT or in court fees that have already taken effect.