Standard Conditions for the provision of our Services

 

Services are provided on condition that the following terms and conditions of business are accepted by the client to the exclusion of the Client’s terms and conditions and any other terms and conditions.

 

 

1. Preliminary

In these terms and conditions " the Terms" means these terms and conditions in full "Order" means any order for the supply of services received from the Client by Friar Investigations Limited, "Services" means the investigation/trace or other services and written report supplied by Friar Investigations Limited at the Client’s request, "the Client" means the party requesting the Services and "Friar Investigations Limited" means the business of Friar Investigations Ltd or its subsidiaries or other trading enterprises carried on at Vernon House, Friar Lane, Nottingham.

 

1a. Instructions are undertaken on the express understanding that the instructing solicitor/client or company supplying the instructions to this agency are responsible for all fees and disbursements incurred whether on behalf of their clients or otherwise. No distinction or variation to the the following terms are to be implied with regard to any matter, whether litigious, non-litigious or the subject of legal aid.

2. Formation of Contract

(a) The acceptance of a request for the Services by Friar Investigations Limited shall constitute a contract subject to these Terms. All requests shall include full details in writing of the Services required together with any particular specifications or requirements.

 

(b) Any variation of the contract must be in writing and signed by the Client and an authorised representative of Friar Investigations Limited.

 

(c) Where a fixed price is quoted by Friar Investigations Limited such price will be the contract price for the Services. In all other cases the contract price is based upon cost of materials, labour, transport, fuel and other relevant factors applying and statutory obligations when the request for Services is accepted and if between that date and the date on which the Services are completed there is either an increase or fall in these costs, then the contract price shall be amended to provide for these variations. The contract price shall also be amended where the Client requires special expedition requiring the working of overtime or additional costs incurred by Friar Investigations Limited.

(d) Friar Investigations Limited shall under no circumstances and at no time become a willing or unwilling party in any matter likely to contravene any laws, by-laws, statutes, or other statutory instruments or requirements and reserves the right to refuse any client who shall request such action or terminate at once any work which shall appear to be in contravention of such, from the moment of its discovery, this notwithstanding, the company shall have the right to charge for such work undertaken up to and including any such discovery.

3. Client Requirements

Unless otherwise agreed in writing, the Client will provide Friar Investigations Limited with all relevant information in relation to the person/subject to be investigated/traced in the Client’s possession and which will be relied upon by Friar Investigations Limited to provide the Services and Friar Investigations Limited shall not in any way howsoever be liable for any mis-statement which shall be found subsequently, and any costs or losses arising from such a mis-statement shall be the sole responsibility of the Client.

 

4. Completion

(a) In the event of Friar Investigations Limited being delayed in or prevented from supplying the Services owing to an Act of God, force majeure, war, civil disturbance, requisitioning, government or parliamentary import or export regulations, strike, lock out, trade dispute, difficulty in obtaining workmen or materials, breakdown of equipment or machinery, shortage of fuel, fire, accident or any other cause whatsoever beyond Friar Investigations Limited’ control, Friar Investigations Limited shall be at liberty to cancel or suspend the contract without incurring any liability for any loss or damage resulting therefrom.

 

(b) Whilst all dates are given in good faith based upon information available to Friar Investigations Limited at the time of accepting the Client’s request for Services, the Client acknowledges that dates are not guaranteed and Friar Investigations Limited accepts no liability for delay in completing the Services and no delay shall entitle the Client to repudiate the contract or any part thereof or to claim any damages or compensation in respect of the said delay.

 

(c) Where the Client makes any amendments in its requirements after the formation of this contract then the estimated completion date shall not apply and Friar Investigations Limited shall require a reasonable period to complete the contract.

 

5. Sub-Contractors

The right is reserved by Friar Investigations Limited to sub-contract all or any part of the contract without prior notice to the Client.

 

6. Payment and Fees

(a) Fees quoted are nett and each request for Services will be invoiced separately by Friar Investigations Limited to the Client. Subject to credit being approved, fees are due for payment emmediately upon completetion of the work undertaken with 75% deposit being required in advance of instructions being accepted, in all other cases fees will be required to be paid in full in advance calculated on the anticipated costs. Failure to make payment for any services as shall be determined by the company shall entitle Friar Investigations Limited to suspend or not undetake work on behalf of Client without prejudice to any other right Friar Investigations Limited may have.

 

 

 

(b) Friar Investigations Limited reserve the right to charge a separate or supplemental fee where the Client requests that Friar Investigations Limited carry out further work by retracing or reinvestigating any subject or reconfirming any matter following completion of the Services.

 

7. Guarantee

(a) Friar Investigations Limited take all precautions to ensure that due care and diligence is taken in relation to the provision of Services and that the contents of any written report provided to the Client is accurate as far as the same complies with information obtained by Friar Investigations Limited during its enquiries.

 

(b) Where it transpires that any information obtained in a written report is incorrect the Client shall within 7 Days of the date of that report notify Friar Investigations Limited in writing of the same. Friar Investigations Limited reserve the right to discount the amount of any claim by the client where the information is alleged to be incorrect as a result of:-

 

(I) a subsequent change of address between the date of the report and the Client notifying Friar Investigations Limited under this clause;

 

(ii) the assertion by any third party of the non residence of the individual or change of circumstances regarding the individual to whom the report relates at a specified address;

 

(iii) the return of mail to the Client addressed to an address specified in the report; or

 

(iv) the failure of the Client or its agents and employees to make contact with or confirm the residence of the individual to whom the report relates.

 

(c) Except as provided for in this clause Friar Investigations Limited will in no circumstance accept responsibility for any loss direct or indirect whatsoever arising from misuse of the information contained in any report, inaccurate information directly derived from third party sources or arising out of situations outside the control of Friar Investigations Limited.

 

(d) The Client acknowledges the fact that the provision of the Services by Friar Investigations Limited may alert the individual being investigated to this fact and while Friar Investigations Limited will not make any direct approach to the individual without the consent of the Client, Friar Investigations Limited accepts no liability for any loss direct or indirect arising by reason of the provision of the Services prejudicing any subsequent action taken by the Client against the individual.

 

(e) Friar Investigations Limited offers no guarantees as to the voracity, accuracy, truth or nature of information derived as a result of investigations undertaken on behalf of it's clients. Where Friar Investigations Limited is required to obtain, interview, collect, collate or otherwise, any information from third parties, the company can not undertake to guarantee the quality or volume of information obtained in such a manner, and the company reserves the right to draw any normal and reasonable conclusions from such information without accepting any liability as to the accuracy of such conclusions either financially or in any other manner whatsoever.

 

(f) No conversation, document, letter, report or other communication from Friar Investigations Limited except this contract, may be used in part or whole in any legal or litigious matter or for any other purpose without the express consent of the company and shall not constitute, except as expressly identified, a statement of truth, affidavit, witness statement or matter of fact by Friar Investigations Limited, it's employees or sub-contractors or any third party to the investigation undertaken for any client..

8. Restrictions on the Company’s Liability

(a) Subject to the aforesaid, all express or implied warranties, conditions, representations, undertakings or liabilities, whatsoever imposed regarding damage or loss are hereby expressly excluded insofar that such matters are within the bounds of reasonableness and in light of these Terms.

 

(b) Friar Investigations Limited accepts no responsibility for damage, direct, consequential, contingent or resulting loss, loss of profits, charges, expenses or other liability, whether of the Client or of any other party, arising out of Friar Investigations Limited’ negligence, breach of contract or breach of statutory duty or in any other manner arising but within the bounds of reasonableness, Friar Investigations Ltd’ responsibility being strictly limited to rectification or replacement of the services provided, Such rectification or replacement will be made as quickly as possible but Friar Investigations Limited requires a reasonable time to effect this.

 

9. Confidentiality

Friar Investigations Limited furnish information and carry out Services on the Client’s behalf on the basis that all information provided whether written or oral is confidential and intended for the sole use of the Client and shall not be divulged to any third party without the prior consent of Friar Investigations Limited. Similarly, Friar Investigations Limited shall not convey, misuse or disclose to any other person except to persons to whom disclosure must be made in the proper performance of its duties or in the interests of public safety or matters of a nature likely to or in fact contravening any law and or any public officials to whom information must be disclosed, any information on and pertaining to the Client, their business, or affairs which become known to Friar Investigations Limited directly or indirectly as a result of providing the Services.

 

10. Waiver

The waiver by either party of the breach or default of any provisions of any contract by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of the right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

 

11. Whole Agreement

These terms embody and sets forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understanding or arrangements relating to the subject matter of the contract. Neither party shall be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms.

 

12. Legal Construction

All contracts shall in all respects be construed and operate as English contracts and shall be governed by English Law.

 

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Copyright 2000 Friar Investigations Limited
Last modified: 07 November 2001