Application and entire agreement
These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Executive Recoveries and Enforcement Services which is a trading style of Executive UK Group Ltd. and Company Number 11769850. High Court enforcement services are provided through writs issued in the name of Mr Morgan Sheldon, authorised High Court Enforcement Officers.
1. (We or Us) to the person buying the services (you).
2. Deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of instruction for any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) is the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
4. A “business day” means any day other than a Saturday, Sunday, or bank holiday.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
10. You must obtain any permissions, consents, licenses, or otherwise that we need and must give us access to any and all relevant information, materials, properties, and any other matters which we need to provide the Services.
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees and Deposit
13. The fees (Fees) for the Services which may be set out in a quotation or as per the Tribunals, Courts & Enforcement Act 2007, and are on a time and materials basis.
14. In addition to the Fees, we can recover from you our reasonable expenses including, but not limited to, disbursement costs, such as a) the cost of services provided by third parties and required by us for the performance of the Services, and b) the cost of any materials required for the provision of the Services.
15. You agree to pay us for any additional services provided that are not specified in the quotation in accordance with our applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
16. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
17. For new clients, you must pay for the service required when requested as detailed in the quotation or invoice within 24 hours or before any Services are undertaken.
18. If you do not pay for the service according to the clause above, we can either withhold provision of the Services until the payment is received or terminate our services under the clause below (Termination).
19. The payment is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
Cancellation and amendment
20. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 1 day from the date of the quotation, (unless the quotation has been withdrawn).
21. We may refuse to accept your instructions or cease our services to you in accordance with clause 36 at our absolute discretion.
22. Either we or you can cancel an order/ instruction for any reason prior to your acceptance (or rejection) of the quotation. We will invoice you for payment of the Fees where permissible.
1. Where cancellation takes place after Executive Recoveries and Enforcement has been fully instructed by the client, we reserve the right to invoice the client the Letter and/or attendance cost and/or any payment made on account for losses due from Enforcement/Debt Recovery Agent instruction and administration.
23. If you wish to amend any details of the services you require you must inform us in writing as soon as possible. In any event no less than 24 hours to any action being carried out by us in relation to that service. We will use reasonable endeavours to make any required changes and should additional costs be incurred as a result of these changes, such costs will be included in the Fees and invoiced to you.
24. If due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
24. We will invoice you for payment of the Fees where permissible either:
1. When we have completed the Services.
2. On the invoice dates which may be set out.
3. Where commission fees are recoverable from the debtor and the instruction is withdrawn by the client, the balance is greatly reduced, or negotiations between debtor and client take place, Executive Recoveries and Enforcement reserve the right to invoice the instructing client for the commissionable element based on the original debt value.
4. If the instructing client accepts any payment from the debtor including or less the commissionable fees, Executive Recoveries and Enforcement reserves the right to invoice the instructing client for the commissionable element based on the original debt value.
25. You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
26. Payment can only be accepted in the following methods; BACS, CHAPS, Cash, online Debit & Credit Card (may be subject to service charge). Under no circumstances are Cheques acceptable.
27. Time for payment shall be of the essence of the Contract.
28. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
29. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither party can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
30. Clients who pay outside of the agreed dates will be required to pay compensation and penalty interest. The Late Payment of Commercial Debt (Interest) Act (1988) was amended in 2002 to include fixed penalties in addition to interest. For debt of less than £1000 the penalty is £40, rising to £70 for debts up to £9,999.99 and £100 above that. Interest is payable at 8 percent over Bank of England base rate. The penalties and interest now apply to all businesses regardless of size. We reserve the right to apply charges where necessary once late default on invoice occurs.
31. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you. We further reserve the right to take any debt recovery action as be necessary.
32. Receipts for payment will be issued by us only at your request.
33. All payments must be made in Sterling unless otherwise agreed in writing.
Sub-Contracting and assignment
34. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
35. You must not, without our prior written consent, assign, transfer, charge, subcontract, or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
36. We reserve the right to terminate the provision of the Services immediately if you:
1. commit a material breach of your obligations under these Terms and Conditions; or
2. fail to make pay any amount due under the Contract on the due date for payment; or
3. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
4. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
5. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, a notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
6. We reserve the right to use all lawful measures to recoup any unpaid fees or costs, including but not limited to court proceedings.
37. All copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services are reserved. The right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights is similarly reserved.
Liability and Indemnity
38. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
39. The total amount of our liability is limited to the total amount of Fees payable by you under the contracted service.
40. Executive Recoveries and Enforcement, their agents or employees will not be held liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
1. Any direct or indirect, special or consequential loss, damage, costs, or expenses or;
2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
4. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
5. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
41. You agree to indemnify Executive Recoveries and Enforcement against all damages, costs, claims, and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused directly or through act or omission by you, your agents or employees.
42. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party’s control
43. Neither party to these Terms and Conditions are liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either party may terminate or cancel the Services to be carried out under these Terms and Conditions.
44. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
By submitting instruction forms online you accept that by appending your name you are signing this document electronically and agree that this constitutes the legal equivalent of your manual signature (referred to as your “E-Signature”), acceptance, and agreement as if actually signed by you in writing. You also represent that you are authorised to provide these instructions on behalf of the client and will be bound by the terms of this Agreement.
Notices shall be deemed to have been duly given:
1. when delivered, if delivered by courier or another messenger (including registered mail) during the normal business hours of the recipient;
2. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
3. on the second business day following mailing, if mailed by national ordinary mail; or
4. on the tenth business day following mailing, if mailed by airmail.
45. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
46. No Waiver
No delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.